9–9–05 Friday Vol. 70 No. 174 Sept. 9, 2005

Pages 53537–53722

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i II Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005

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Contents Federal Register Vol. 70, No. 174

Friday, September 9, 2005

Agricultural Marketing Service See Minority Business Development Agency RULES See National Institute of Standards and Technology Tomatoes grown in— See National Oceanic and Atmospheric Administration Florida, 53537–53540 NOTICES Committee for Purchase From People Who Are Blind or National Organic Program: Severely Disabled Release of names and addresses of certified operations to NOTICES general public, 53617 Procurement list; additions and deletions, 53620–53621

Agriculture Department Committee for the Implementation of Textile Agreements See Agricultural Marketing Service NOTICES See Food Safety and Inspection Service Textile and apparel categories: See Forest Service Chinese imports; safeguard actions, 53638–53640 Architectural and Transportation Barriers Compliance Board Defense Department RULES NOTICES Acquisition regulations: Senior Executive Service: Contractor personnel interacting with detainees; training Performance Review Board; membership, 53620 Correction, 53716

Blind or Severely Disabled, Committee for Purchase From Education Department People Who Are NOTICES See Committee for Purchase From People Who Are Blind Postsecondary education: or Severely Disabled Federal student aid programs; applications, reports, etc.; deadline dates extended for applicants and Centers for Disease Control and Prevention institutions adversely affected by Hurricane Katrina, NOTICES 53640–53642 Agency information collection activities; proposals, submissions, and approvals, 53664–53665 Employment Standards Administration NOTICES Centers for Medicare & Medicaid Services Minimum wages for Federal and federally-assisted NOTICES construction; general wage determination decisions, Agency information collection activities; proposals, 53691–53693 submissions, and approvals, 53665–53666 Privacy Act: Energy Department Computer matching programs, 53666–53667 See Energy Efficiency and Renewable Energy Office Systems of records, 53667–53672 See Federal Energy Regulatory Commission NOTICES Children and Families Administration Meetings: NOTICES Environmental Management Advisory Board, 53642 Reports and guidance documents; availability, etc.: International Energy Agency Industry Advisory Board, Head Start program status; biennial report, 53672 53642–53643 Civil Rights Commission Energy Efficiency and Renewable Energy Office NOTICES Meetings; Sunshine Act, 53621 NOTICES Meetings: Coast Guard Biomass Research and Development Technical Advisory RULES Committee, 53643 Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.: Environmental Protection Agency Hudson River, NY, 53562–53564 RULES PROPOSED RULES Air programs; approval and promulgation; State plans for Drawbridge operations: designated facilities and pollutants: Louisiana, 53604–53605 Maryland, 53567–53569 NOTICES Air quality implementation plans; approval and Waterfront facilities; letters of recommendation: promulgation; various States: Northern Star Natural Gas LLC liquified natural gas American Samoa, 53564–53567 project, Bradwood, Clatsop County, OR, 53677–53679 PROPOSED RULES Air programs; approval and promulgation; State plans for Commerce Department designated facilities and pollutants: See International Trade Administration Maryland, 53615–53616

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Air quality implementation plans; approval and ANR Storage Co., 53646–53647 promulgation; various States; air quality planning Blue Lake Gas Storage Co., 53647 purposes; designation of areas: CenterPoint Energy-Mississippi River et al., 53647–53648 Indiana, 53605–53615 Clear Creek Storage Co., LLC, 53648 NOTICES El Paso Natural Gas Co., 53648 Confidential business information and data transfer, 53656 Garden Banks Gas Pipeline, LLC, 53648–53649 Environmental statements; availability, etc.: Guardian Pipeline, LLC, 53649 Agency statements; comment availability, 53656–53657 Iroquois Gas Transmission System, L.P., 53649 Agency statements; weekly receipts, 53657–53658 Lockhart Power Co., 53649–53650 Meetings: Maritimes & Northeast Pipeline, L.L.C., 53650 Hazardous Substances Acute Exposure Guideline Levels Paiute Pipeline Co., 53650 National Advisory Committee, 53658–53659 Potomac Edison Co., 53650–53651 Pesticide programs: PPL Montana, LLC, et al., 53651 Risk assessments— Questar Pipeline Co., 53651 Methyl bromide, 53659 Steuben Gas Storage Co., 53651–53652 Radiation protection programs: Williston Basin Interstate Pipeline Co., 53652 Transuranic radioactive waste for disposal at Waste Young Gas Storage Co., Ltd., 53652 Isolation Pilot Plant; waste characterization program documents availability— Idaho National Laboratory, 53659–53663 Food Safety and Inspection Service Water pollution control: PROPOSED RULES National Pollutant Discharge Elimination System— Meat and poultry inspection: Massachusetts and New Hampshire; groundwater operations; J-type cut maximum line speeds use remediation and surface water discharge activities; of bar-type cut, 53582–53586 general permits, 53663–53664 NOTICES Meetings: Executive Office of the President Food Safety Institute of the Americas progress review, See Presidential Documents 53617–53619

Federal Aviation Administration Forest Service RULES NOTICES Airmen certification: Meetings: Second-in-command pilot type rating; qualification Resource Advisory Committees— procedures Hood/Willamette, 53619 Compliance date and correction, 53560–53562 North Central Idaho, 53619–53620 Airworthiness directives: Siskiyou County, 53619 Avions -Breguet, 53540–53543 Boeing, 53547–53550, 53554–53556 Health and Human Services Department Bombardier, 53558–53560 See Centers for Disease Control and Prevention Fokker, 53556–53558 See Centers for Medicare & Medicaid Services Goodrich, 53550–53554 Hartzell Propeller Inc., 53543–53547 See Children and Families Administration Class D and Class E airspace, 53562 See Indian Health Service PROPOSED RULES See National Institutes of Health Airworthiness directives: Engine Components Inc., 53586–53594 Homeland Security Department Class E airspace, 53594–53599 See Coast Guard NOTICES : Housing and Urban Development Department Artisan lien recordation; State Court decision, 53707 NOTICES Exemption petitions; summary and disposition, 53707– Grants and cooperative agreements; availability, etc.: 53708 Hope VI Main Street Program Federal Energy Regulatory Commission Hurricane Katrina effects, 53679 Homeless assistance; excess and surplus Federal properties, NOTICES Agency information collection activities; proposals, 53679 submissions, and approvals, 53643–53645 Questar Pipeline Co., 53645–53646 Indian Health Service Complaints filed: NOTICES Independent Energy Producers Association, et al., 53652– Grant and cooperative agreement awards: 53653 National Native American Emergency Medical Services Milford Power Co., LLC, 53653 Association, 53672–53673 Electric rate and corporate regulation combined filings, 53653–53654 Interior Department Environmental statements; availability, etc.: See Land Management Bureau Rocky Reach Hydroelectric Project, 53655 See National Park Service Hydroelectric applications, 53655–53656 NOTICES Applications, hearings, determinations, etc.: Funding agreements (2006 FY); program eligibility list, ANR Pipeline Co., 53646 53680–53684

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Internal Revenue Service NOTICES PROPOSED RULES Motor vehicle safety standards: Income and excise taxes: Exemption petitions, etc.— Excess benefit transactions, 53599–53604 Continental Tire North America, Inc., 53710–53711 NOTICES Cooper Tire and Rubber Co., 53711–53713 Agency information collection activities; proposals, Motor vehicle theft prevention standards; exemption submissions, and approvals, 53714 petitions, etc.: Meetings: DaimlerChrysler Corp., 53713–53714 Taxpayer Advocacy Panels, 53714–53715 Ford Motor Co., 53714

International Trade Administration National Institute of Standards and Technology NOTICES NOTICES Antidumping: Meetings: Corrosion-resistant carbon steel flat products from— Voting system threat analysis; workshop, 53635–53636 Canada, 53621–53627 Polyethylene terephthalate film from— National Institutes of Health Korea, 53627–53628 NOTICES Silicomanganese from— Committees; establishment, renewal, termination, etc.: Brazil, 53628–53631 Scientific Counselors for Basic Sciences Board, 53673 Stainless steel butt-weld pipe fittings from— Meetings: Various countries, 53631–53632 National Cancer Institute, 53674 Stainless steel plate in coils from— National Institute of Dental and Craniofacial Research, Taiwan, 53632–53633 53675 Structural steel beams from— National Institute of Mental Health, 53674–53675 Japan and Korea, 53633–53634 National Library of Medicine Canceled, 53676 International Trade Commission National Toxicology Program— NOTICES In vitro testing methods for identifying potential ocular Import investigations: irritants; current validation status assessment, Ammonium nitrate from— 53676–53677 Russia, 53687–53688 Brass sheet and strip from— National Oceanic and Atmospheric Administration Various countries, 53688–53689 RULES Fishery conservation and management: Justice Department Northeastern United States fisheries— NOTICES Emergency closure due to presence of toxin causing Pollution control; consent judgments: paralytic shellfish poisoning, 53580–53581 Congaree Downs LP, et al., 53689 NOTICES Marathon Ashland Petroleum LLC, 53689–53690 Committees; establishment, renewal, termination, etc.: Reichhold Ltd., et al., 53690 Climate Change Science Program Product Development Committee, 53636 Labor Department Environmental statements; notice of intent: See Employment Standards Administration Northeastern United States fisheries; fishery management NOTICES plans, 53636–53637 Agency information collection activities; proposals, Meetings: submissions, and approvals, 53690–53691 Gulf of Mexico Fishery Management Council; correction, Land Management Bureau 53637 NOTICES Hydrographic Services Review Panel, 53637–53638 Environmental statements; record of decision: California Coastal National Monument, CA; resource National Park Service management plan, 53684 NOTICES Environmental statements; availability, etc.: Maritime Administration Chircahua National Monument, AZ; fire management NOTICES plan, 53684–53685 Agency information collection activities; proposals, Herbert Hoover National Historic Site, IA; stream submissions, and approvals, 53708–53710 management plan, 53685–53686 Saguaro National Park, AZ; fire management plan, 53686 Minority Business Development Agency Utah Museum of Natural History, UT, 53686–53687 NOTICES Grants and cooperative agreements; availability, etc.: Nuclear Regulatory Commission Minority Business Opportunity Center Program; NOTICES correction, 53634–53635 Meetings: Nuclear Waste Advisory Committee, 53693–53695 National Highway Traffic Safety Administration RULES Presidential Documents Motor vehicle safety standards: PROCLAMATIONS Child restraint systems— Special observances: Recordkeeping requirements, 53569–53579 Death of William H. Rehnquist (Proc. 7922), 53717–53719

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Honoring the memory of the victims of Hurricane Katrina See Maritime Administration (Proc. 7923), 53721 See National Highway Traffic Safety Administration

Presidio Trust Treasury Department NOTICES See Internal Revenue Service Environmental statements; availability, etc.: New Cingular Wireless PCS, LLC, 53695 Veterans Affairs Department NOTICES Securities and Exchange Commission Meetings: NOTICES Veterans’ Disability Benefits Commission, 53715 Meetings; Sunshine Act, 53695 Securities: Suspension of trading— Separate Parts In This Issue Advanced Media, Inc., et al., 53696–53698 Securities Exchange Act: Part II Intermarket Trading System; exchange-traded funds Executive Office of the President, Presidential Documents, transactions; de minimis exemption, 53695–53696 53717–53719, 53721 Self-regulatory organizations; proposed rule changes: National Association of Securities Dealers, Inc., 53698– 53701 New York Stock Exchange, Inc., 53701–53704 Reader Aids Pacific Exchange, Inc., 53704–53707 Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, Textile Agreements Implementation Committee and notice of recently enacted public laws. See Committee for the Implementation of Textile To subscribe to the Federal Register Table of Contents Agreements LISTSERV electronic mailing list, go to http:// listserv.access.gpo.gov and select Online mailing list Transportation Department archives, FEDREGTOC-L, Join or leave the list (or change See Federal Aviation Administration settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Proclamations: 7922...... 53719 7923...... 53721 7 CFR 966...... 53537 9 CFR Proposed Rules: 381...... 53582 14 CFR 39 (7 documents) ...... 53540, 53543, 53547, 53550, 53554, 53556, 53558 61...... 53560 71...... 53562 Proposed Rules: 39...... 53586 71 (4 documents) ...... 53594, 53595, 53597, 53598 26 CFR Proposed Rules: 1...... 53599 53...... 53599 33 CFR 165...... 53562 Proposed Rules: 117...... 53604 40 CFR 52...... 53564 62...... 53567 Proposed Rules: 52...... 53605 62...... 53615 81...... 53605 48 CFR 252...... 53716 49 CFR 571...... 53569 588...... 53569 50 CFR 648...... 53580

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Rules and Regulations Federal Register Vol. 70, No. 174

Friday, September 9, 2005

This section of the FEDERAL REGISTER regulation by contacting Jay Guerber, unauthorized outlets. This rule also contains regulatory documents having general Marketing Order Administration clarifies the definitions for processing applicability and legal effect, most of which Branch, Fruit and Vegetable Programs, and pickling as used in the rules and are keyed to and codified in the Code of AMS, USDA, 1400 Independence regulations under the order. The Federal Regulations, which is published under Avenue SW., STOP 0237, Washington, Committee unanimously recommended 50 titles pursuant to 44 U.S.C. 1510. DC 20250–0237; Telephone: (202) 720– these changes at a meeting held on The Code of Federal Regulations is sold by 2491; Fax: (202) 720–8938; or E-mail: September 9, 2004. the Superintendent of Documents. Prices of [email protected]. Section 966.54 of the order provides new books are listed in the first FEDERAL SUPPLEMENTARY INFORMATION: This final authority for the modification, REGISTER issue of each week. rule is issued under Marketing suspension, and termination of Agreement No. 125 and Marketing regulations to facilitate the handling of tomatoes for special purposes such as DEPARTMENT OF AGRICULTURE Order No. 966, both as amended (7 CFR part 966), regulating the handling of export, charity, processing, or other purposes as specified by the Committee Agricultural Marketing Service tomatoes grown in Florida, hereinafter referred to as the ‘‘order.’’ The order is and approved by USDA. Section 966.56 of the order provides authority for the 7 CFR Part 966 effective under the Agricultural Marketing Agreement Act of 1937, as application of adequate safeguards to [Docket No. FV05–966–1 FR] amended (7 U.S.C. 601–674), hereinafter prevent tomatoes handled pursuant to § 966.54 from entering channels of trade Tomatoes Grown in Florida; Revisions referred to as the ‘‘Act.’’ The Department of Agriculture for other than the specified purpose or in Requirements for Certificates of (USDA) is issuing this rule in purposes. Sections 966.120–123 of the Privilege conformance with Executive Order order’s rules and regulations specify the AGENCY: Agricultural Marketing Service, 12866. provisions required under a COP to USDA. This final rule has been reviewed allow tomatoes for pickling, processing, ACTION: Final rule. under Executive Order 12988, Civil charity, relief, export, or experimental Justice Reform. This rule is not intended purposes to be shipped free from certain SUMMARY: This rule revises the to have retroactive effect. This rule will order requirements. The COP Certificate of Privilege (COP) not preempt any State or local laws, procedures include safeguards to ensure requirements currently prescribed under regulations, or policies, unless they that the tomatoes are shipped for these the Florida tomato marketing order present an irreconcilable conflict with purposes. The safeguards are also (order). The order regulates the handling this rule. highlighted in § 966.323(c). Section of tomatoes grown in Florida and is The Act provides that administrative 966.323(g) specifies the definition of administered locally by the Florida proceedings must be exhausted before processing. Tomato Committee (Committee). This parties may file suit in court. Under This final rule adds § 966.124 to the rule requires those interested in section 608c(15)(A) of the Act, any order’s rules and regulations. This receiving Florida tomatoes shipped handler subject to an order may file section requires that handlers only ship under a COP to apply to the Committee with USDA a petition stating that the tomatoes under a COP to receivers to become an approved receiver. This order, any provision of the order, or any approved by the Committee and rule also clarifies the definitions for obligation imposed in connection with outlines the receiver application processing and pickling as used in the the order is not in accordance with law procedures. Section 966.323(c) is also rules and regulations under the order. and request a modification of the order modified to reflect the new COP These changes will assist the Committee or to be exempted therefrom. A handler requirements. in assuring that COP tomatoes are is afforded the opportunity for a hearing The COP provisions allow tomatoes disposed of into COP outlets. on the petition. After the hearing USDA for pickling, processing, charity, relief, EFFECTIVE DATE: This final rule becomes would rule on the petition. The Act export, or experimental purposes to be effective September 10, 2005. provides that the district court of the shipped free from certain order FOR FURTHER INFORMATION CONTACT: United States in any district in which requirements. Consequently, it is William G. Pimental, Southeast the handler is an inhabitant, or has his important that adequate safeguards exist Marketing Field Office, Marketing Order or her principal place of business, has to assure that such tomatoes are Administration Branch, Fruit and jurisdiction to review USDA’s ruling on disposed of properly. For example, the Vegetable Programs, AMS, USDA; the petition, provided an action is filed Committee noted that tomatoes shipped Telephone: (863) 324–3375; Fax: (863) not later than 20 days after the date of during the 2003–04 season under a COP 325–8793; or George Kelhart, Technical the entry of the ruling. for processing were being shipped into Advisor, Marketing Order This final rule revises the COP the domestic fresh market and not for Administration Branch, Fruit and requirements currently prescribed under the intended COP purpose. Vegetable Programs, AMS, USDA, 1400 the order. This rule requires all parties The volume of tomatoes shipped for Independence Avenue SW., STOP 0237, interested in receiving Florida tomatoes processing under COPs is significant Washington, DC 20250–0237; shipped under a COP to apply to the enough to negatively impact the market Telephone: (202) 720–2491; Fax: (202) Committee to become an approved for fresh tomatoes if these tomatoes are 720–8938. receiver. This change will assist the utilized in markets other than those Small businesses may request Committee in preventing tomatoes specified in the COP. Last season, nearly information on complying with this shipped under a COP from entering 500,000 25-pound equivalent units of

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Florida tomatoes were shipped under undergo random inspections by the necessary. The Committee also believes COPs. Consequently, the Committee Committee, and an agreement to submit enhancing the definitions for processed agreed that additional steps need to be reports as required. The Committee and pickled tomatoes helps further taken to ensure that tomatoes shipped believes that this additional information clarify the appropriate uses of tomatoes under a COP are only utilized for the will be valuable in helping to verify shipped under a COP. Therefore, the purposes specified. legitimate receivers. Committee voted unanimously to make Last season, when the issue with COP The Committee staff will use the these changes. tomatoes surfaced, the Committee staff information in the application to looked for ways to address the problem. investigate and approve receivers Final Regulatory Flexibility Analysis Using the current safeguard procedures, wanting to receive tomatoes under Pursuant to requirements set forth in those handlers who had shipped to COPs. The approved receivers and the the Regulatory Flexibility Act (RFA), the receivers that had used tomatoes tomatoes shipped under the COP Agricultural Marketing Service (AMS) shipped under a COP for purposes provisions will be monitored has considered the economic impact of different than specified had their COPs throughout the year. If during the season this action on small entities. canceled. Some handlers noted that they an approved receiver is found to be Accordingly, AMS has prepared this had shipped the tomatoes to their handling tomatoes in ways other than final regulatory flexibility analysis. receiver in good faith, and that the specified under the COP, that receiver’s The purpose of the RFA is to fit receiver was responsible for the approval will be rescinded. The regulatory actions to the scale of problem. Further, because the handlers Committee believes this change will business subject to such actions in order had used COPs to ship to more than one help better assure that COP tomatoes are that small businesses will not be unduly receiver, those handlers affected were shipped into the intended COP outlets. or disproportionately burdened. no longer able to take advantage of the Moreover, handlers who may have Marketing orders issued pursuant to the exemptions provided under the COP shipped to non-compliant receivers will Act, and rules issued thereunder, are provisions. still be able to ship to other approved unique in that they are brought about Considering this, the Committee COP receivers. through group action of essentially believes one way to help ensure that This rule also amends the definition small entities acting on their own tomatoes shipped under a COP are not for processing contained in § 966.323 behalf. Thus, both statutes have small being misused is to provide for and adds a definition for pickling. Over entity orientation and compatibility. safeguards on receivers. To address the the past few years, there have been an There are approximately 100 situation, the Committee recommended increasing number of questions producers of tomatoes in the production that all receivers interested in receiving surrounding what constitutes a fresh area and approximately 80 handlers tomatoes shipped under a COP be product and what constitutes subject to regulation under the required to apply to the Committee to processing. To help reduce any marketing order. Small agricultural become an approved receiver. In confusion and to ensure uniformity, the producers are defined by the Small addition, handlers are only able to ship Committee believes it is important to Business Administration (SBA) as those under a COP to those approved make the definitions for processing and having annual receipts less than receivers. pickling in the order’s rules and $750,000, and small agricultural service Should a receiver utilize the tomatoes regulations as clear as possible. firms are defined as those whose annual for purposes other than specified under Currently, processing is defined as the receipts are less than $6,000,000 (13 the COP, their status as an approved manufacture of any tomato product CFR 121.201). Currently, there are about receiver with the Committee will be which has been converted into juice, or 20 receivers who obtain tomatoes under rescinded. As a result, such a receiver preserved by any commercial process, COPs. will no longer be eligible to receive including canning, dehydrating, drying, Based on industry and Committee tomatoes from any handler under a and the addition of chemical data, the average annual price for fresh COP, but will only be able to receive substances. This rule amends this Florida tomatoes during the 2003–04 tomatoes meeting the existing grade and definition to specify further that all season was approximately $8.04 per 25- size requirements under the order. processing procedures must result in a pound container, and fresh shipments Under the provisions added by this product that does not require for the 2003–04 season totaled rule, anyone interested in receiving refrigeration until opened. 57,989,624 25-pound cartons of tomatoes under a COP will have to file In addition to the changes to the tomatoes. Committee data indicates an application with the Committee for definition for processing, a specific approximately 25 percent of the review and approval. This includes definition for pickling is also added. handlers handle 94 percent of the total persons acquiring tomatoes for Pickling is defined as tomatoes volume shipped outside the regulated processing or pickling, as well as preserved in a brine or vinegar solution. area. Based on the average price, about tomatoes acquired for relief or charity, These clarifications should lessen the 75 percent of handlers could be for export, for experimental purposes, or chance of confusion between handlers considered small businesses under for other purposes specified by the and purchasers regarding tomatoes SBA’s definition. Therefore, the Committee. This application includes covered under a COP. majority of Florida tomato handlers may the name, address, telephone number, The Committee believes this rule will be classified as small entities. It is and e-mail address of applicant strengthen the existing safeguard believed that the majority of Florida (receiver), the purpose for which the provisions and will help deter the use tomato receivers and producers may be COP tomatoes will be used, physical of Florida COP tomatoes for classified as small entities. address where the stated privilege unauthorized purposes. By requiring This final rule revises the COP purpose will be accomplished, an persons who wish to receive tomatoes requirements currently prescribed under indication of whether or not the receiver under COPs to apply to the Committee the order. This rule requires those packs, repacks, or sells fresh tomatoes, to become approved receivers, the interested in receiving Florida tomatoes a statement that the tomatoes obtained Committee has additional information shipped under a COP to apply to the will only be used for the purposes stated regarding receivers and the ability to Committee to become an approved in the COP, a statement agreeing to rescind their approved receiver status, if receiver. This change will assist the

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Committee in assuring that tomatoes considered was to further restrict rule were approved by the Office of shipped under COPs are used for the handlers when shipping tomatoes under Management and Budge (OMB), under intended COP purposes. This rule also a COP. The Committee recognized that OMB No. 0581–0231. The information clarifies the definitions for processing some industry members have developed collection has been merged into OMB and pickling as used in the rules and markets for these tomatoes, which No. 0581–0178, Vegetable and Specialty regulations under the order. These would otherwise be discarded. Crops Marketing Orders, which expires clarifications will help reduce confusion Therefore, the Committee voted to make October 31, 2007. between handlers and purchasers of the changes in this rule rather than In summary, this final rule establishes tomatoes covered under a COP. The further restricting this outlet. Another reporting requirements authorized Committee unanimously recommended alternative considered was to only under the Florida tomato order. these changes at a meeting held on require processors and picklers to apply Information would be reported on form September 9, 2004. This rule adds to the Committee. However, the number FTC–111. These additional § 966.124 to the rules and regulations, Committee believed that the application reporting requirements will enable the process should be applicable to all amends the safeguard provisions Committee to collect information from specified in § 966.323(c), and revises the parties receiving tomatoes under a COP. persons wishing to receive Florida definitions specified in § 966.323(g). Consequently, this alternative was tomatoes exempt from certain order Authority for these actions is provided rejected. requirements under a COP. The for in §§ 966.54 and 966.56 of the order. As noted in the initial regulatory These changes are not expected to flexibility analysis, USDA has not Committee will evaluate this result in any increased costs for identified any relevant Federal rules information and determine whether an growers, handlers, or receivers who that duplicate, overlap, or conflict with entity is qualified to receive COP comply with COP requirements. The this final rule. As with all Federal tomatoes. This form will help ensure Committee recommended these changes marketing order programs, reports and compliance with the regulations and to improve compliance with the forms are periodically reviewed to assist the Committee and USDA with provisions established under COPs. reduce information requirements and oversight and planning. The estimated Because nearly 99 percent of Florida duplication by industry and public burden due to this form required of each tomato shipments are utilized in the sector agencies. entity annually is 5 minutes per person, domestic fresh market, it is important to In addition, the Committee’s meeting with a total increased burden estimated assure that tomatoes shipped under was widely publicized throughout the at 1.67 hours. COPs are disposed of properly. tomato industry and all interested Government Paperwork Elimination Adequate safeguards are needed for this persons were invited to attend the Act Compliance purpose. meeting and participate in Committee This action will have a beneficial deliberations. Like all Committee The Agricultural Marketing Service impact on producers, handlers, and meetings, the September 9, 2004, (AMS) is committed to compliance with receivers in that it will continue to meeting was a public meeting and all the Government Paperwork Elimination allow approved receivers to obtain COP entities, both large and small, were able Act (GPEA), which requires Government tomatoes. Handlers shipping to to express their views on this issue. agencies in general to provide the public approved COP receivers also benefit A proposed rule concerning this the option of submitting information or because the non-compliant receivers action was published in the Federal transacting business electronically to will be removed from the Committee’s Register on May 27, 2005 (70 FR 30647). the maximum extent possible. approved receiver list and the handler Copies of the rule were mailed or sent After consideration of all relevant can continue to take advantage of the via facsimile to all Committee members matter presented, including the exemptions by shipping to other and tomato handlers. Finally, the rule information and recommendation approved COP receivers. Clarifying the was made available through the Internet submitted by the Committee and other definitions of processing and pickling by the Office of the Federal Register. A available information, it is hereby found also helps alleviate some of the 60-day comment period ending July 26, that this rule, as hereinafter set forth, questions and any confusion concerning 2005, was provided to allow interested will tend to effectuate the declared what constitutes these procedures. The persons to respond to the proposal. No policy of the Act. opportunities and benefits of this rule comments were received. are expected to be equally available to A small business guide on complying It is further found that good cause all tomato handlers and growers with fruit, vegetable, and specialty crop exists for not postponing the effective regardless of their size of operation. marketing agreements and orders may date of this rule until 30 days after However, requiring receivers to be viewed at: http://www.ams.usda.gov/ publication in the Federal Register (5 register with the Committee imposes an fv/moab.html. Any questions about the U.S.C. 553) because the final rule additional reporting burden on both compliance guide should be sent to Jay should be effective by the start of the small and large receivers. Requiring Guerber at the previously mentioned 2005–06 season, which begins October receivers to apply annually will increase address in the FOR FURTHER INFORMATION 10, 2005. Further, handlers are aware of the annual burden by five minutes per CONTACT section. this rule, which was recommended at a receiver, for a total burden of 1.67 hours As mentioned previously, this action public meeting. Also, a 60-day comment (5 minutes per response × 1 response requires an additional collection of period was provided for in the proposed per receiver × 20 receivers). Although information. These information rule. No comments were received. this action places an additional burden collection requirements are discussed in List of Subjects in 7 CFR Part 966 on receivers of Florida COP tomatoes, the following section. the benefits of having the additional Paperwork Reduction Act Marketing agreements, Reporting and information regarding receivers recordkeeping requirements, Tomatoes. outweigh the increase in reporting In accordance with the Paperwork burden. Reduction Act of 1995 (44 U.S.C. 3501 I For the reasons set forth in the The Committee discussed alternatives et seq.), the information collection preamble, 7 CFR part 966 is amended as to this action. One alternative requirements that are contained in this follows:

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PART 966—TOMATOES GROWN IN definition for Pickling to read as prohibit flight into known or forecasted FLORIDA follows: icing conditions. In lieu of the AFM revision and placard installation, that I 1. The authority citation for 7 CFR § 966.323 Handling regulations. AD allows identifying the part number part 966 continues to read as follows: * * * * * of each flexible hose in the wing (slat) Authority: 7 U.S.C. 601–674. (c) * * * anti-icing system, performing repetitive (5) Make shipments only to those who inspections of each hose for I 2. In part 966, a new § 966.124 is have qualified with the committee as delamination, and performing corrective added to read as follows: approved receivers. actions if necessary. This AD adds the § 966.124 Approved receiver. * * * * * following actions (also in lieu of the (g) * * *Processing as used in (a) Approved receiver. Any person AFM revision and placard installation): §§ 966.120 and 966.323 means the who desires to acquire, as an approved New repetitive inspections for manufacture of any tomato product receiver, tomatoes for purposes as set delamination at reduced intervals, which has been converted into juice, or forth in § 966.120(a), shall annually, corrective actions if necessary, and an preserved by any commercial process, prior thereto, file an application with additional AFM revision to include a including canning, dehydrating, drying, the committee on a form approved by it, statement to track flight cycles when the and the addition of chemical which shall contain, but not be limited slat anti-icing system is activated. This substances. Further, all processing to, the following information: AD also provides an option to (1) Name, address, contact person, procedures must result in a product that repetitively replace the existing flexible telephone number, and e-mail address does not require refrigeration until hoses with improved flexible hoses, of applicant; opened. Pickling as used in §§ 966.120 which terminates the repetitive (2) Purpose of shipment; and 966.323 means to preserve tomatoes inspection requirements. This AD (3) Physical address of where in a brine or vinegar solution. U.S. results from a report of in-service manufacturing or other specified tomato standards means the revised delamination of a flexible hose in the purpose is to occur; United States Standards for Fresh slat anti-icing system at a time earlier (4) Whether or not the receiver packs, Tomatoes (7 CFR 51.1855 through than previously reported. We are issuing repacks or sells fresh tomatoes; 51.1877), effective October 1, 1991, as this AD to prevent collapse of the (5) A statement that the tomatoes amended, or variations thereof specified flexible hoses in the slat anti-icing obtained exempt from the fresh tomato in this section. Other terms in this system, which could lead to insufficient regulations will not be resold or section shall have the same meaning as anti-icing capability and, if icing is transferred for resale, directly or when used in Marketing Agreement No. encountered in this situation, could indirectly, but will be used only for the 125, as amended, and this part, and the result in reduced controllability of the purpose specified in the corresponding U.S. tomato standards. airplane. certificate of privilege; Dated: September 2, 2005. DATES: This AD becomes effective (6) A statement agreeing to undergo Lloyd C. Day, September 26, 2005. random inspection by the committee; Administrator, Agricultural Marketing The Director of the Federal Register (7) A statement agreeing to submit Service. approved the incorporation by reference such reports as is required by the [FR Doc. 05–17860 Filed 9–8–05; 8:45 am] of certain publications listed in the AD committee. BILLING CODE 3410–02–P as of September 26, 2005. (b) The committee, or its duly On April 26, 2005 (70 FR 18282, April authorized agents, shall give prompt 11, 2005), the Director of the Federal consideration to each application for an DEPARTMENT OF TRANSPORTATION Register approved the incorporation by approved receiver and shall determine reference of Dassault Alert Service whether the application is approved or Federal Aviation Administration Bulletin F10–A312, dated February 25, disapproved and notify the applicant 2005, including the Service Bulletins accordingly. 14 CFR Part 39 (c) The committee, or its duly Compliance Card. authorized agents, may rescind a [Docket No. FAA–2005–22309; Directorate We must receive any comments on person’s approved receiver status upon Identifier 2005–NM–159–AD; Amendment this AD by November 8, 2005. 39–14254; AD 2005–18–14] proof satisfactory that such a receiver ADDRESSES: Use one of the following has handled tomatoes contrary to the RIN 2120–AA64 addresses to submit comments on this provisions established under the AD. Certificate of Privilege. Such action Airworthiness Directives; Avions • DOT Docket Web site: Go to rescinding approved receiver status Marcel Dassault-Breguet Model Falcon http://dms.dot.gov and follow the shall apply to and not exceed a 10 Airplanes instructions for sending your comments reasonable period of time as determined AGENCY: electronically. Federal Aviation • by the committee or its duly authorized Administration (FAA), Department of Government-wide rulemaking Web agents. Any person who has been Transportation (DOT). site: Go to http://www.regulations.gov denied as an approved receiver or who and follow the instructions for sending ACTION: Final rule; request for has had their approved receiver status your comments electronically. comments. rescinded, may appeal to the committee • Mail: Docket Management Facility, for reconsideration. Such an appeal SUMMARY: The FAA is superseding an U.S. Department of Transportation, 400 shall be made in writing. existing airworthiness directive (AD) Seventh Street, SW., Nassif Building, I 3. In § 966.323, a new paragraph (5) is that applies to all Dassault Model Room PL–401, Washington, DC 20590. added to paragraph (c), and paragraph Falcon 10 series airplanes. The existing • Fax: (202) 493–2251. (g) is amended by revising the AD currently requires revising the • Hand Delivery: Room PL–401 on definitions of Processing and U.S. airplane flight manual (AFM) and the plaza level of the Nassif Building, tomato Standards, and by adding a installing a placard in the flight deck to 400 Seventh Street, SW., Washington,

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DC, between 9 a.m. and 5 p.m., Monday rulemaking is indeed necessary, and, Therefore, we are issuing this AD to through Friday, except Federal holidays. although a final action has not yet been supersede AD 2005–07–23. This new Contact Dassault Falcon Jet, P.O. Box developed, this AD follows from that AD retains the requirements of the 2000, South Hackensack, New Jersey determination. existing AD. This AD also: 07606, for service information identified • Relevant Service Information Provides an improved inspection in this AD. method and reduces the intervals for the You may examine the contents of the Avions Marcel Dassault-Breguet has inspections; AD docket on the Internet at http:// issued Dassault Alert Service Bulletin • Provides an option to repetitively dms.dot.gov, or in person at the Docket F10–A312, Revision 1, dated June 27, replace the existing flexible hoses with Management Facility, U.S. Department 2005. The existing AD refers to Dassault improved flexible hoses, which of Transportation, 400 Seventh Street, Alert Service Bulletin F10–A312, dated terminates the repetitive inspection SW., Room PL–401, on the plaza level February 25, 2005, as the appropriate requirements; of the Nassif Building, Washington, DC. source of service information for • Requires revising the Limitations This docket number is FAA–2005– accomplishing the required actions of section of the AFM to provide a 22309; the directorate identifier for this that AD. Dassault Alert Service Bulletin mechanism for tracking flight cycles in docket is 2005–NM–159–AD. F10–A312, Revision 1, describes which the slat anti-icing system is FOR FURTHER INFORMATION CONTACT: Tom procedures for a visual check and an activated; and Rodriguez, Engineer, improved boroscope inspection of the • Requires sending the inspection International Branch, ANM–116, FAA, internal walls of each flexible hose in results to the manufacturer. Transport Airplane Directorate, 1601 the slat anti-icing system for blistering Differences Between the AD and the Lind Avenue, SW., Renton, Washington (delamination), and performing French Emergency Airworthiness 98055–4056; telephone (425) 227–1137; corrective actions if necessary. The Directive fax (425) 227–1149. corrective actions include replacing any SUPPLEMENTARY INFORMATION: hose that doesn’t have a certain part This AD differs from the French number with a hose having the part emergency airworthiness directive in Discussion number specified in the service bulletin, that it includes the option to install On March 31, 2005, the FAA issued and replacing any damaged hose with a improved flexible hoses. The airplane AD 2005–07–23, amendment 39–14048 new hose having the part number manufacturer is requesting that the (70 FR 18282, April 11, 2005). That AD specified in the service bulletin. The DGAC approve this option as an applies to all Dassault Model Falcon 10 DGAC mandated the service bulletin alternative method of complying with series airplanes. That AD requires and issued French emergency French emergency airworthiness revising the Limitations section of the airworthiness directive directive EASA.A.AD.01001. airplane flight manual (AFM) to include EASA.A.AD.01001, dated June 29, 2005, This AD also differs from the French a statement prohibiting flight into to ensure the continued airworthiness of emergency airworthiness directive by known or forecasted icing conditions, these airplanes in . requiring an AFM revision to enable the and installing a placard in the flight Avions Marcel Dassault-Breguet has tracking of flight cycles in which the deck. In lieu of the AFM revision and also issued Dassault Service Bulletin slat anti-icing system is activated. The placard installation, that AD allows F10–313, dated August 10, 2005. This French emergency airworthiness identifying the part number of each service bulletin describes procedures for directive contains instructions to the flexible hose in the wing (slat) anti-icing replacing the existing flexible hoses flightcrew to record in the flight log any system, performing repetitive detailed with improved flexible hoses, having a time the anti-icing system switch is on inspections of each hose for new part number. These new flexible during flight, but does not specify an delamination, and performing corrective hoses have a temporary life limit of 90 AFM revision. actions if necessary. That AD resulted flight cycles during which the slat anti- These differences have been from a report of delamination of the icing system is in use. coordinated with the DGAC. internal wall of a flexible hose in the Accomplishing the actions specified Interim Action slat anti-icing system. The actions in the service information is intended to specified in that AD are intended to adequately address the unsafe This AD is considered to be interim prevent collapse of the flexible hoses in condition. action. The inspection reports that are required by this AD will enable the the slat anti-icing system, which could FAA’s Determination and Requirements manufacturer to obtain better insight lead to insufficient anti-icing capability of This AD and, if icing is encountered in this into the nature, cause, and extent of the situation, could result in reduced This airplane model is manufactured delamination of the internal walls of a controllability of the airplane. in France and is type certificated for flexible hose, and eventually to develop operation in the United States under the final action to address the unsafe Actions Since AD Was Issued provisions of section 21.29 of the condition. Once final action has been Since we issued that AD the Direction Federal Aviation Regulations (14 CFR identified, we may consider further Ge´ne´rale de l’Aviation Civile (DGAC), 21.29) and the applicable bilateral rulemaking. which is the airworthiness authority for airworthiness agreement. Pursuant to FAA’s Determination of the Effective France, informed us of an in-service this bilateral airworthiness agreement, Date delamination of a flexible hose in the the DGAC has kept the FAA informed slat anti-icing system at a time earlier of the situation described above. We An unsafe condition exists that than previously reported. have examined the DGAC’s findings, requires the immediate adoption of this In addition, the preamble to AD 2005– evaluated all pertinent information, and AD; therefore, providing notice and 07–23 explains that we consider the determined that we need to issue an AD opportunity for public comment before requirements ‘‘interim action’’ and were for products of this type design that are the AD is issued is impracticable, and considering further rulemaking. We now certificated for operation in the United good cause exists to make this AD have determined that further States. effective in less than 30 days.

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Explanation of Change to Applicability rules on aviation safety. Subtitle I, § 39.13 [Amended] We have revised the applicability of Section 106, describes the authority of I 2. The Federal Aviation the AD to identify the model the FAA Administrator. Subtitle VII, Administration (FAA) amends § 39.13 designation as published in the most Aviation Programs, describes in more by removing amendment 39–14048 (70 recent type certificate data sheet for the detail the scope of the Agency’s FR 18282, April 11, 2005) and adding affected model. authority. the following new AD: We are issuing this rulemaking under Clarification of Inspection Terminology the authority described in subtitle VII, 2005–18–14 Avions Marcel Dassault- Breguet Aviation (AMD/BA): Docket No. In this AD, the ‘‘visual check’’ part A, subpart III, section 44701, FAA–2005–22309; Directorate Identifier specified in Dassault Alert Service ‘‘General requirements.’’ Under that 2005–NM–159–AD; Amendment 39– Bulletin F10–A312, Revision 1, is section, Congress charges the FAA with 14254. referred to as a ‘‘detailed inspection.’’ promoting safe flight of civil aircraft in We have included the definition for a air commerce by prescribing regulations Effective Date detailed inspection in a note in this AD. for practices, methods, and procedures (a) This AD becomes effective September the Administrator finds necessary for 26, 2005. Comments Invited safety in air commerce. This regulation Affected ADs This AD is a final rule that involves is within the scope of that authority (b) This AD supersedes AD 2005–07–23. requirements that affect flight safety and because it addresses an unsafe condition was not preceded by notice and an that is likely to exist or develop on Applicability opportunity for public comment; products identified in this rulemaking (c) This AD applies to all Avions Marcel however, we invite you to submit any action. Dassault-Breguet Model Falcon 10 airplanes, relevant written data, views, or certificated in any category. Regulatory Findings arguments regarding this AD. Send your Unsafe Condition comments to an address listed in the We have determined that this AD will (d) This AD results from a report of in- ADDRESSES section. Include ‘‘Docket No. not have federalism implications under service delamination of a flexible hose in the FAA–2005–22309; Directorate Identifier Executive Order 13132. This AD will slat anti-icing system at a time earlier than 2005–NM–159–AD’’ at the beginning of not have a substantial direct effect on previously reported. We are issuing this AD your comments. We specifically invite the States, on the relationship between to prevent collapse of the flexible hoses in comments on the overall regulatory, the national government and the States, the slat anti-icing system, which could lead economic, environmental, and energy or on the distribution of power and to insufficient anti-icing capability and, if aspects of the AD that might suggest a responsibilities among the various icing is encountered in this situation, could result in reduced controllability of the need to modify it. levels of government. We will post all comments we airplane. For the reasons discussed above, I receive, without change, to http:// certify that the regulation: Compliance dms.dot.gov, including any personal 1. Is not a ‘‘significant regulatory (e) You are responsible for having the information you provide. We will also action’’ under Executive Order 12866; actions required by this AD performed within post a report summarizing each 2. Is not a ‘‘significant rule’’ under the the compliance times specified, unless the substantive verbal contact with FAA actions have already been done. personnel concerning this AD. Using the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and Restatement of the Requirements of AD search function of that Web site, anyone 2005–07–23 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, Repetitive Inspections, or Airplane Flight the individual who sent the comment on a substantial number of small entities Manual (AFM) Revision and Placard (or signed the comment on behalf of an under the criteria of the Regulatory Installation association, business, labor union, etc.). Flexibility Act. (f) Within 14 days after April 26, 2005 (the You can review the DOT’s complete We prepared a regulatory evaluation effective date of AD 2005–07–23), perform Privacy Act Statement in the Federal of the estimated costs to comply with the actions specified in either paragraph (f)(1) this AD and placed it in the AD docket. or (f)(2) of this AD: Register published on April 11, 2000 (1) Revise the Limitations section of the (65 FR 19477–78), or you can visit See the ADDRESSES section for a location to examine the regulatory evaluation. Falcon 10 AFM, and install http://dms.dot.gov. a placard in the flight deck, to include the Examining the Docket List of Subjects in 14 CFR Part 39 following information. ‘‘Flights into known or forecasted icing You may examine the AD docket on Air transportation, Aircraft, Aviation conditions are prohibited.’’ safety, Incorporation by reference, the Internet at http://dms.dot.gov, or in The AFM revision may be done by person at the Docket Management Safety. inserting a copy of this AD into the AFM. Facility office between 9 a.m. and 5 Adoption of the Amendment Install the placard on the pedestal in clear p.m., Monday through Friday, except view of the pilot. Federal holidays. The Docket I Accordingly, under the authority (2) Determine the part number of each Management Facility office (telephone delegated to me by the Administrator, flexible hose installed in the slat anti-icing (800) 647–5227) is located on the plaza the FAA amends part 39 of the Federal system, perform a detailed inspection of the level of the Nassif Building at the DOT Aviation Regulations (14 CFR part 39) as internal walls of the hoses for delamination, and perform any applicable corrective action, street address stated in the ADDRESSES follows: by accomplishing all of the applicable section. Comments will be available in PART 39—AIRWORTHINESS actions specified in the Accomplishment the AD docket shortly after the Docket Instructions of Dassault Alert Service Management System receives them. DIRECTIVES Bulletin F10–A312, dated February 25, 2005. Authority for This Rulemaking I 1. The authority citation for part 39 If the part number for any hose cannot be determined, before further flight, replace that Title 49 of the United States Code continues to read as follows: hose with a hose having part number (P/N) specifies the FAA’s authority to issue Authority: 49 U.S.C. 106(g), 40113, 44701. FAL1005D. Any corrective action must be

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done before further flight. Repeat the detailed ‘‘After each flight in which the slat anti-ice Related Information inspection thereafter at intervals not to system is activated, inform maintenance.’’ (o) French emergency airworthiness exceed 60 flight cycles or 3 months, The AFM revision may be done by directive EASA.A.AD.01001, dated June 29, whichever is first, until the actions required inserting a copy of this AD into the AFM. 2005, also addresses the subject of this AD. by paragraph (i) of this AD are accomplished. Note 3: When a statement identical to that Material Incorporated by Reference Note 1: When a statement identical to that in paragraph (j)(1) of this AD has been (p) You must use Dassault Alert Service in paragraph (f)(1) of this AD has been included in the general revision of the AFM, included in the general revision of the AFM, Bulletin F10–A312, dated February 25, 2005, the general revision may be inserted into the the general revision may be inserted into the including the Service Bulletins Compliance AFM, and the copy of this AD may be AFM, and the copy of this AD may be Card; and Dassault Alert Service Bulletin removed from the AFM. removed from the AFM. F10–A312, Revision 1, dated June 27, 2005, including the Service Bulletins Compliance Note 2: For the purposes of this AD, a Optional Replacement Card; as applicable; to perform the actions detailed inspection is: ‘‘An intensive (k) For airplanes not operated under the that are required by this AD, unless the AD examination of a specific item, installation, limitation in paragraph (f)(1) of this AD: specifies otherwise. If accomplished, you or assembly to detect damage, failure, or Replacing the flexible hose installed in the must used Dassault Service Bulletin F10– irregularity. Available lighting is normally slat anti-icing system with a new hose having 313, dated August 10, 2005, to perform the supplemented with a direct source of good P/N FAL1007, in accordance with the optional replacement specified by this AD. lighting at an intensity deemed appropriate. Accomplishment Instructions of Dassault (1) The Director of the Federal Register Inspection aids such as mirror, magnifying approved the incorporation by reference of Service Bulletin F10–313, dated August 10, lenses, etc., may be necessary. Surface Dassault Alert Service Bulletin F10-A312, 2005, terminates the repetitive inspection cleaning and elaborate procedures may be Revision 1, dated June 27, 2005, including intervals of paragraph (h) and (f)(2) of this required.’’ the Service Bulletins Compliance Card; and AD. Repeat the replacement thereafter at Dassault Service Bulletin F10–313, dated (g) For airplanes on which the actions intervals not to exceed 90 flight cycles in described in paragraph (f)(1) of this AD are August 10, 2005; in accordance with 5 U.S.C. which the slat anti-icing system is activated. 552(a) and 1 CFR part 51. performed, doing the actions described in (2) On April 26, 2005 (70 FR 18282, April paragraph (f)(2) of this AD is terminating Reporting Requirement 11, 2005), the Director of the Federal Register action for the requirements of paragraph (f)(1) (l) At the applicable time specified in approved the incorporation by reference of of this AD. Once the initial detailed paragraph (l)(1) or (l)(2) of this AD: After Dassault Alert Service Bulletin F10–A312, inspection specified in paragraph (f)(2) of performing any inspection required by this dated February 25, 2005, including the this AD is performed, the AFM limitation AD, submit a report of the findings (positive Service Bulletins Compliance Card. and placard required by paragraph (f)(1) of and negative) of the inspection to: Dassault (3) Contact Dassault Falcon Jet, P.O. Box this AD may be removed. Falcon Jet, Attn: Service Engineering/Falcon 2000, South Hackensack, New Jersey 07606, New Requirements of This AD 10, fax: (201) 541–4700. The report must for a copy of this service information. You include the airplane serial number, the may review copies at the Docket Management New Inspections and Intervals location of the hose (inboard or outboard), Facility, U.S. Department of Transportation, (h) For airplanes not operated under the the number of flight hours since hose 400 Seventh Street, SW., Room PL–401, Nassif Building, Washington, DC; on the limitation in paragraph (f)(1) of this AD, installation, the number of cycles in icing before the next 10 flight cycles in which the Internet at http://dms.dot.gov; or at the conditions, and the manufacturing date and National Archives and Records slat anti-icing system is activated after the batch number of the hose. Submission of the effective date of this AD: Do a boroscope Administration (NARA). For information on Service Bulletins Compliance card, which is the availability of this material at the NARA, inspection of each flexible hose installed in attached to Dassault Alert Service Bulletin call (202) 741–6030, or go to http:// the slat anti-icing system. Do all the F10–A312, is an acceptable method of www.archives.gov/federal_register/ inspections and any applicable corrective complying with this requirement. Under the code_of_federal_regulations/ action (including replacing the hose with a provisions of the Paperwork Reduction Act of ibr_locations.html. new hose having P/N FAL1005D), by 1980 (44 U.S.C. 3501 et seq.), the Office of accomplishing all of the applicable actions Issued in Renton, Washington, on August Management and Budget (OMB) has 26, 2005. specified in the Accomplishment approved the information collection Instructions of Dassault Alert Service requirements contained in this AD and has Ali Bahrami, Bulletin F10–A312, Revision 1, dated June assigned OMB Control Number 2120–0056. Manager, Transport Airplane Directorate, 27, 2005. Any corrective action must be done (1) If the inspection is done after the Aircraft Certification Service. before further flight. Repeat the inspection effective date of this AD: Submit the report [FR Doc. 05–17598 Filed 9–8–05; 8:45 am] thereafter at intervals not to exceed 10 flight within 30 days after the inspection. BILLING CODE 4910–13–P cycles in which the slat anti-icing system is (2) If the inspection was done before the activated. Doing this inspection terminates the repetitive inspection requirements of effective date of this AD: Submit the report paragraph (f)(2) of this AD. within 30 days after the effective date of this DEPARTMENT OF TRANSPORTATION (i) For airplanes on which the actions AD. Federal Aviation Administration described in paragraph (f)(1) of this AD are Actions Accomplished in Accordance With performed, doing the actions described in Previous Issue of Service Bulletin paragraph (h) of this AD is terminating action 14 CFR Part 39 (m) Actions accomplished before the for the requirements of paragraph (f)(1) of [Docket No. FAA–2004–19955; Directorate this AD. Once the initial boroscope effective date of this AD in accordance with the Accomplishment Instructions of Dassault Identifier 2004–NE–17–AD; Amendment 39– inspection specified in paragraph (h) of this 14252; AD 2005–18–12] AD is performed, the AFM limitation and Alert Service Bulletin F10–A312, dated placard required by paragraph (f)(1) of this February 25, 2005, are acceptable for RIN 2120–AA64 AD may be removed. compliance with the corresponding action in this AD. Airworthiness Directives; Hartzell AFM Revision Alternative Methods of Compliance (AMOCs) Propeller Inc. Propellers (j) For airplanes not operated under the limitation in paragraph (f)(1) of this AD, (n) The Manager, International Branch, AGENCY: Federal Aviation before further flight after the effective date of ANM–116, Transport Airplane Directorate, Administration (FAA), Department of this AD: Revise the Limitations section of the FAA, has the authority to approve AMOCs Transportation (DOT). for this AD, if requested in accordance with Dassault Aviation Falcon 10 AFM, to include ACTION: Final rule. the following information. the procedures found in 14 CFR 39.19.

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SUMMARY: The FAA is adopting a new Comments to Table 3, paragraph (b), as noted airworthiness directive (AD) for certain We provided the public the earlier, achieve the proper inspection. Hartzell Propeller Inc. propellers. This opportunity to participate in the The same commenter suggests that the AD requires inspecting the propeller development of this AD. We have text to Table 3, under the ‘‘Then:’’ blades and other critical propeller parts considered the comments received. column, under (d) which reads ‘‘Repair for corrosion and mechanical damage. and replace with serviceable parts, as Recommendation To Modify the AD To This AD results from two events where necessary’’ be changed to ‘‘If any of Exclude Certain Propellers a ‘‘Z-shank’’ blade failed and separated these conditions are present, perform and the results of teardown inspections One commenter recommends that this additional inspections, including that detected corrosion in the blade AD be modified to exclude propellers magnetic particle or fluorescent- bore. We are issuing this AD to detect that have been examined in connection penetrant inspections as appropriate to corrosion and mechanical damage that with AD 95–11–08 within the last five determine the serviceability of the part’’. can cause failure of a propeller, which years. The commenter feels his The commenter states that these could result in loss of control of the propeller has been adequately inspected airplane. inspections be specifically required and he does not want to remove the when corrosion or other damage has DATES: This AD becomes effective propeller at this time. Doing so could been visually identified since cracks are October 14, 2005. The Director of the introduce potential oil leaks that are more likely to start from these Federal Register approved the difficult and expensive to seal. conditions, and the cracks are likely to incorporation by reference of certain We do not agree. AD 95–11–08 be small and only detectable by publications listed in the regulations as corrects an unsafe condition in blade magnetic particle or fluorescent- of October 14, 2005. clamp screws and on the outside surface penetrant inspection. of the blade shank. The requirements of ADDRESSES: You can get the service that AD are not equivalent to the actions We do not agree that (d) should be information identified in this AD from mandated by this AD. This AD changed. Appropriate clarifying changes Hartzell Propeller Inc. Technical mandates inspections of the entire to Table 3, paragraph (b), as noted Publications Department, One Propeller propeller assembly, especially the earlier, achieve the proper inspection. Place, Piqua, OH 45356; telephone (937) inside surface area of the blade balance Request for Repetitive Inspections 778–4200; fax (937) 778–4391. hole. You may examine the AD docket on Requests To Provide More Clarity in the One commenter, the National the Internet at http://dms.dot.gov or in Compliance Section Transportation Safety Board (NTSB), Room PL–401 on the plaza level of the states that it generally supports the Nassif Building, 400 Seventh Street, One commenter requests that we proposed AD. However, the NTSB notes SW., Washington, DC. clarify the compliance section. We that the proposed AD only proposes a agree, and reworded it. We changed the FOR FURTHER INFORMATION CONTACT: Tim onetime inspection rather than a title for Table 1 to ‘‘List of Applicable Smyth, Aerospace Engineer, Chicago repetitive inspection. The commenter Propeller Assemblies by Hub Model Aircraft Certification Office, FAA, Small further states that although the proposed Series’’. Airplane Directorate, 2300 East Devon AD also includes a requirement to The same commenter suggests we Avenue, Des Plaines, IL 60018–4696; report inspection findings and indicates should be more specific in detailing the telephone (847) 294–7132; fax (847) that we will use this information to inspection method in Table 3 if we 294–7834. determine whether repetitive intend a more thorough inspection. We inspections are in order, the NTSB SUPPLEMENTARY INFORMATION: The FAA agree. We have changed (b) in Table 3 continues to believe that repetitive proposed to amend 14 CFR part 39 with to state ‘‘Perform visual and inspections best reflect the a proposed airworthiness directive (AD). nondestructive inspections of propeller manufacturer’s inspection The proposed AD applies to certain components for cracks, corrosion or recommendations. These Hartzell Propeller Inc. propellers. We pits, nicks, scratches, wear, blade recommendations have been established published the proposed AD in the minimum dimensions, and damage in in consideration of product design and Federal Register on December 29, 2004 the blade balance hole.’’ service requirements. Therefore, the (69 FR 77961). That action proposed to The same commenter states that if the NTSB again urges us to require that require inspecting the propeller blades FAA intends to detect small or light these propellers be subject to repetitive and other critical propeller parts for cracks in the hub or blade clamps, we inspections. corrosion and mechanical damage. should consider adding the following We do not agree. Our review of the Examining the AD Docket text to Table 3, under the ‘‘Then:’’ column, under (c): ‘‘Perform a magnetic- service history for the specified You may examine the docket that particle-inspection of the hub and blade propellers supports the need for a contains the AD, any comments clamps for cracks’’. However, if the FAA onetime action, especially in light of the received, and any final disposition in intends to detect gross corrosion only, aging of the specified propeller fleet. As person at the Docket Management then the added wording in (c) is not stated in the proposed AD, we will System Docket Offices between 9 a.m. needed. The commenter further states review the need for a repetitive and 5 p.m., Monday through Friday, that although they support the need for inspection only if new reports except Federal holidays. The Docket a blade dimensional inspection, they submitted per the AD requirements, Office (telephone (800) 647–5227) is suggest the FAA review the justification document the need to mandate a located on the plaza level of the for this inspection. The commenter repetitive inspection. We encourage the Department of Transportation Nassif believes the FAA may find this public to comply with manufacturer’s Building at the street address stated in inspection requirement not supportable maintenance recommendations, but the ADDRESSES. Comments will be available by service events. public is only required to maintain their in the AD docket shortly after the DMS We do not agree that (c) should be aircraft in accordance with 14 CFR part receives them. changed. Appropriate clarifying changes 91 requirements.

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Conclusion safety in air commerce. This regulation PART 39—AIRWORTHINESS We have carefully reviewed the is within the scope of that authority DIRECTIVES available data, including the comments because it addresses an unsafe condition received, and determined that air safety that is likely to exist or develop on I 1. The authority citation for part 39 and the public interest require adopting products identified in this rulemaking continues to read as follows: the AD with the changes described action. Authority: 49 U.S.C. 106(g), 40113, 44701. previously. We have determined that Regulatory Findings these changes will neither increase the § 39.13 [Amended] economic burden on any operator nor We have determined that this AD will I 2. The FAA amends § 39.13 by adding increase the scope of the AD. not have federalism implications under Executive Order 13132. This AD will the following new airworthiness Costs of Compliance not have a substantial direct effect on directive: There are about 1,700 Hartzell the States, on the relationship between 2005–18–12 Hartzell Propeller Inc. propeller assemblies of the affected the national government and the States, Propellers: Amendment 39–14252. design in the worldwide fleet. We or on the distribution of power and Docket No. FAA–2004–19955; estimate that 1,200 propeller assemblies responsibilities among the various Directorate Identifier. 2004–NE–17–AD. installed on airplanes of U.S. registry levels of government. will be affected by this AD. We also For the reasons discussed above, I Effective Date estimate that it will take about 20 work certify that this AD: (a) This airworthiness directive (AD) hours per propeller assembly to perform (1) Is not a ‘‘significant regulatory becomes effective October 14, 2005. action’’ under Executive Order 12866; the actions, and that the average labor Affected ADs rate is $65 per work hour. Required (2) Is not a ‘‘significant rule’’ under parts will cost about $450 per propeller DOT Regulatory Policies and Procedures (b) None. assembly. Based on these figures, we (44 FR 11034, February 26, 1979); and Applicability (3) Will not have a significant estimate the total cost of the AD to U.S. (c) This AD applies to Hartzell propeller economic impact, positive or negative, operators to be $2,100,000. assemblies with hub model series specified on a substantial number of small entities Authority for This Rulemaking in Table 1 of this AD. These propellers are under the criteria of the Regulatory installed on, but not limited to, the aircraft Title 49 of the United States Code Flexibility Act. listed in Table 2 of this AD. specifies the FAA’s authority to issue We prepared a summary of the costs rules on aviation safety. Subtitle I, to comply with this AD and placed it in TABLE 1.—LIST OF APPLICABLE PRO- section 106, describes the authority of the AD Docket. You may get a copy of PELLER ASSEMBLIES BY HUB MODEL the FAA Administrator. Subtitle VII, this summary at the address listed ERIES Aviation Programs, describes in more under ADDRESSES. S detail the scope of the Agency’s List of Subjects in 14 CFR Part 39 authority. HC–92W Hub Model Series We are issuing this rulemaking under Air transportation, Aircraft, Aviation BHC–92W Hub Model Series the authority described in subtitle VII, safety, Incorporation by reference, HC–92Z Hub Model Series part A, subpart III, section 44701, Safety. BHC–92Z Hub Model Series ‘‘General requirements.’’ Under that HC–B3P Hub Model Series Adoption of the Amendment HC–B3R Hub Model Series section, Congress charges the FAA with HC–B3W Hub Model Series promoting safe flight of civil aircraft in I Accordingly, under the authority BHC–B3W Hub Model Series air commerce by prescribing regulations delegated to me by the Administrator, HA–B3Z Hub Model Series for practices, methods, and procedures the Federal Aviation Administration HC–B3Z Hub Model Series the Administrator finds necessary for amends 14 CFR part 39 as follows:

TABLE 2.—LIST OF AIRPLANES THAT MIGHT USE AN AFFECTED PROPELLER ASSEMBLY

Aircraft manufacturer Aircraft model

AERMACCHI (AERONAUTICA MACCHI) ...... AM–3C AERO COMMANDER ...... 560–F680, 680E, 680F, 680FL, 680FLP, 720 AEROSPATIALE (MORANE SAULNIER) ...... 733 AEROSTAR AIRCRAFT CORP...... 360 AEROTEK II, INC. (CALLAIR) ...... B1A (CALLAIR) AIR & SPACE ...... 18, 18A BEECH ...... 18 SERIES C45 35 SERIES A65, 65, 65–80, 65–A80, 65–B80, 65–88 95, B95, B95A, D95A, E95 70 C18S [(C–45(A, F), UC–45(B, F), AT–7 (A, B, C), JRB–(1, 2, 3, 4), SNB–2(C)] C18S, AT–11 C–45G,C–45H; TC–45G, H, J; RC–45J D18S,E18S, G18S, H18; 3N, 3NM, 3TM E50, F50, G50, H50, J50 BUSHMASTER AIRCRAFT CORP ...... BUSHMASTER 2000 CESSNA ...... 172 175, 175A

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TABLE 2.—LIST OF AIRPLANES THAT MIGHT USE AN AFFECTED PROPELLER ASSEMBLY—Continued

Aircraft manufacturer Aircraft model

190, 195, A, B 421, 421A A185E, A185F (SEAPLANES ONLY) CESSNA ...... T50 DE HAVILLAND CANADA ...... DHC–2 MKI DORNIER ...... DO28D, DO28D–1 FOUND BROTHERS ...... 100 FOUND BROTHERS ...... FBA–2C GOODYEAR (LOCKHEED MARTIN) ...... GZ20, GZ20A GRUMMAN (GULFSTREAM AERO.) ...... G44, G44A GRUMMAN (MCKINNON) ...... G21A HELIO ...... H–250 H–295, HT–295 (U–10D) H–395 (L–28A, U–10B) H–500 ICA (ROMANIA) ...... IAR–831 JOBMASTER ...... DGA–15P KWAD ...... SUPER–V LAKE (REVO) ...... LA–4 LOCKHEED ...... 12A MESSERSCHMITT ...... 207 MOONEY ...... M20A NAVY ...... N3N–3 NORD ...... 3400, 3402 PACIFIC AEROSPACE (FLETCHER) ...... FU–24, FU–24A PIAGGIO ...... P–166B, C PILATUS ...... PC–6/350; PC–6/350–H1, –H2 PIPER ...... PA–23 PA–24 PA–25 PROCAER ...... F15/B REVO (COLONIAL) ...... C–2 SAAB ...... 91D SAFIR SCHWEIZER (GRUMMAN) ...... G–164 SIMMERING GRAZ PAUKER A.G ...... SGP222 SPARTON ...... 7W UTVA ...... 66 WDL AVIATION (formerly WDL FLUGDIENST) ...... An Airship WEATHERLY ...... 201B, 201C, 620, 620A, 620C

Unsafe Condition Aircraft With Experimental Type Certificates November 15, 1991; no further action is (d) This AD results from two events where (f) We recommend that you comply with required. (i) If the TSO of the propeller assembly is a ‘‘Z-shank’’ blade failed and separated and the inspection requirements of this AD, if more than 10 years on the effective date of you have an aircraft with an experimental the results of teardown inspections that this AD, or if the TSO is unknown, or if the detected corrosion in the blade bore. We are type certificate, and you have a propeller hub propeller has not complied with Hartzell SB issuing this AD to detect corrosion and model listed in this AD installed on that No. HC–SB–61–136, Revision I, dated April mechanical damage that can cause failure of aircraft. 25, 2003; or SB No. 136, Revision H, dated a propeller, which could result in loss of Inspection of the Propeller March 12, 1993; or SB No. 136, Revision G, control of the airplane. dated November 15, 1991; perform the (g) If the time-since-overhaul (TSO) of the actions specified in Table 3 of this AD. Use Compliance propeller is 10 years or fewer on the effective the compliance times specified in Table 3 of (e) You are responsible for having the date of this AD, no further action is required. this AD. Information on inspecting the actions required by this AD performed within (h) If the propeller assembly was inspected propeller assembly for cracks, corrosion or the compliance times specified unless the using Hartzell Service Bulletin (SB) No. HC– pits, nicks, scratches, wear, blade minimum SB–61–136, Revision I, dated April 25, 2003; actions have already been done. dimensions, and damage in the blade balance SB No. 136, Revision H, dated March 12, bore can be found in the applicable Hartzell 1993; or SB No. 136, Revision G, dated maintenance manuals.

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TABLE 3.—COMPLIANCE TIMES FOR ONETIME INSPECTION

If the TSO of the propeller assem- bly on the effective date of this AD Then . . . Perform the the inspection . . . is . . .

(1) More 25 years or the TSO is (a) Disassemble and clean the propeller assembly ...... Within 12 months after the effec- not known. (b) Perform visual and nondestructive inspections of propeller compo- tive date of this AD. nents for cracks, corrosion or pits, nicks, scratches, wear, blade minimum dimensions, and damage in the blade balance hole. (c) Inspect and rework the propeller blade bore. Use 3.A. of the Ac- complishment instructions of Hartzell SB No. HC–SB–61–136, Re- vision I, dated April 26, 2003. (d) Repair and replace with serviceable parts, as necessary. (e) Reassemble and test. (2) Twenty-one to 25 years ...... (a) Disassemble and clean the propeller assembly ...... Within 18 months after the effec- (b) Perform visual and nondestructive inspections of propeller compo- tive date of this AD. nents for cracks, corrosion or pits, nicks, scratches, wear, blade minimum dimensions, and damage in the blade balance hole. (c) Inspect and rework the propeller blade bore. Use 3.A. of the Ac- complishment instructions of Hartzell SB No. HC–SB–61–136, Re- vision I, dated April 26, 2003. (d) Repair and replace with serviceable parts, as necessary. (e) Reassemble and test. (3) Sixteen to 20 years ...... (a) Disassemble and clean the propeller assembly ...... Within 24 months after the effec- (b) Perform visual and nondestructive inspections of propeller compo- tive date of this AD. nents for cracks, corrosion or pits, nicks, scratches, wear, blade minimum dimensions, and damage in the blade balance hole. (c) Inspect and rework the propeller blade bore. Use 3.A. of the Ac- complishment instructions of Hartzell SB No. HC–SB–61–136, Re- vision I, dated April 26, 2003. (d) Repair and replace with serviceable parts, as necessary. (e) Reassemble and test. (4) Eleven to 15 years ...... (a) Disassemble and clean the propeller assembly ...... Within 36 months after the effec- (b) Perform visual and nondestructive inspections of propeller compo- tive date of this AD. nents for cracks, corrosion or pits, nicks, scratches, wear, blade minimum dimensions, and damage in the blade balance hole. (c) Inspect and rework the propeller blade bore. Use 3.A. of the Ac- complishment instructions of Hartzell SB No. HC–SB–61–136, Re- vision I, dated April 26, 2003. (d) Repair and replace with serviceable parts, as necessary. (e) Reassemble and test.

Propeller Overhaul Related Information Issued in Burlington, Massachusetts, on (j) Performing an overhaul of the propeller (n) None. August 29, 2005. assembly after the effective date of this AD Peter A. White, Material Incorporated by Reference constitutes compliance with the Acting Manager, Engine and Propeller requirements specified in this AD. The latest (o) You must use Hartzell Service Bulletin Directorate, Aircraft Certification Service. applicable Maintenance Manuals issued by No. HC–SB–61–136, Revision I, dated April [FR Doc. 05–17667 Filed 9–8–05; 8:45 am] Hartzell Propeller Inc. contain information 25, 2003, to perform the inspections and BILLING CODE 4910–13–P on overhauling a propeller assembly. rework required by this AD. The Director of (k) The time-since-overhaul only changes if the Federal Register approved the you overhaul the propeller assembly while incorporation by reference of this service DEPARTMENT OF TRANSPORTATION performing the requirements specified in this bulletin in accordance with 5 U.S.C. 552(a) AD. and 1 CFR part 51. Contact Hartzell Propeller Federal Aviation Administration Inc. Technical Publications Department, One Reporting Requirements Propeller Place, Piqua, OH 45356; telephone 14 CFR Part 39 (l) Report inspection results to the (937) 778–4200; fax (937) 778–4391, for a Manager, Chicago Aircraft Certification copy of this service information. You may [Docket No. FAA–2005–22252; Directorate Office, FAA, Small Airplane Directorate, review copies at the Docket Management Identifier 2005–NM–182–AD; Amendment 39–14260; AD 2005–18–51] 2300 East Devon Ave, Des Plaines, IL 60018, Facility; U.S. Department of Transportation, within 15 working days of the inspection. 400 Seventh Street, SW., Nassif Building, RIN 2120–AA64 The Office of Management and Budget (OMB) Room PL–401, Washington, DC 20590–0001, approved the reporting requirements and on the internet at http://dms.dot.gov, or at the Airworthiness Directives; Boeing assigned OMB control number 2120–0056. National Archives and Records Model 777 Airplanes Alternative Methods of Compliance Administration (NARA). For information on the availability of this material at NARA, call AGENCY: Federal Aviation (m) The Manager, Chicago Aircraft 202–741–6030, or go to: http:// Administration (FAA), Department of Certification Office has the authority to www.archives.gov/federal-register/cfr/ibr- Transportation (DOT). approve alternative methods of compliance locations.html. ACTION: Final rule; request for for this AD if requested using the procedures comments. found in 14 CFR 39.19.

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SUMMARY: This document publishes in FOR FURTHER INFORMATION CONTACT: Paul flight path, and possible loss of control the Federal Register an amendment Feider, Aerospace Engineer, Systems of the airplane. adopting airworthiness directive (AD) and Equipment Branch, ANM–130S, Relevant Service Information 2005–18–51 that was sent previously to FAA, Seattle Aircraft Certification all known U.S. owners and operators of Office, 1601 Lind Avenue, SW., Renton, We have reviewed Boeing Alert Boeing Model 777 airplanes by Washington 98055–4056; telephone Service Bulletin 777–34A0137, dated individual notices. This AD supersedes (425) 917–6467; fax (425) 917–6590. August 26, 2005. The service bulletin an existing AD that applies to certain SUPPLEMENTARY INFORMATION: describes procedures for installing OPS, Boeing Model 777–200 and ‘‘300 series P/N 3470–HNC–100–03, in the ADIRU. airplanes. The existing AD currently Background We also have reviewed Boeing 777 requires modification of the operational On April 29, 2005, we issued AD Operations Manual Bulletin (OMB) program software (OPS) of the air data 2005–10–03, amendment 39–14080 (70 CS3–3093, dated August 26, 2005, inertial reference unit (ADIRU). This FR 24703, May 11, 2005), for certain which describes operating instructions new AD requires installing a certain Boeing Model 777–200 and ‘‘300 series to inform the flightcrew of possible OPS in the ADIRU, and revising the airplanes. That AD requires heading errors following on-ground airplane flight manual to provide the modification of the operational program automatic realignment of the ADIRU flightcrew with operating instructions software (OPS) of the air data inertial with the OPS, P/N 3470–HNC–100–03, for possible ADIRU heading errors and reference unit (ADIRU) from software installed. for potential incorrect display of drift version part number (P/N) 3470–HNC– In addition, we have reviewed Boeing angle. This AD results from a recent 100–03 to software version P/N 3475– 777 OMB CS3–3155, dated August 26, report of a significant nose-up pitch HNC–100–06 or 3474–HNC–100–07. 2005, which describes operating event. We are issuing this AD to prevent That AD resulted from a report of the instructions to inform the flightcrew of the OPS from using data from faulted display of erroneous heading potential drift angle discrepancies on (failed) sensors, which could result in information to the pilot due to a defect the primary flight display and the anomalies of the fly-by-wire primary in the OPS of the ADIRU. We issued navigation display with the OPS, P/N flight control, autopilot, auto-throttle, that AD to prevent the display of 3470–HNC–100–03, installed. erroneous heading information to the pilot display, and auto-brake systems. FAA’s Determination and Requirements These anomalies could result in high pilot, which could result in loss of the of This AD pilot workload, deviation from the main sources of attitude data, intended flight path, and possible loss consequent high pilot workload, and Since the unsafe conditions described of control of the airplane. subsequent deviation from the intended previously are likely to exist or develop DATES: This AD becomes effective flight path. on other airplanes of the same type design, we issued emergency AD 2005– September 14, 2005 to all persons Actions Since Issuance of Previous AD except those persons to whom it was 18–51 to supersede AD 2005–10–03. made immediately effective by On August 29, 2005, we issued This new AD requires accomplishing emergency AD 2005–18–51, issued emergency AD 2005–18–51, which the actions specified in Boeing Alert August 29, 2005, which contained the applies to all Boeing Model 777 Service Bulletin 777–34A0137, requirements of this amendment. airplanes. That AD resulted from a described previously. Because these The Director of the Federal Register recent report of a significant nose-up actions reintroduce the unsafe condition approved the incorporation by reference pitch event on a Boeing Model 777–200 identified in AD 2005–10–03, this new of certain publications listed in the AD series airplane while climbing through AD also requires revising the Limitation as of September 14, 2005. 36,000 feet altitude. The flightcrew section of the Airplane Flight Manual by We must receive comments on this disconnected the autopilot and inserting a copy of Boeing 777 OMBs AD by November 8, 2005. stabilized the airplane, during which CS3–3093 and CS3–3155, described ADDRESSES: Use one of the following time the airplane climbed above 41,000 previously. feet, decelerated to a minimum speed of addresses to submit comments on this Interim Action AD. 158 knots, and activated the stick • DOT Docket Web site: Go to shaker. A review of the flight data We consider this AD interim action. http://dms.dot.gov and follow the recorder shows there were abrupt and The manufacturer is currently instructions for sending your comments persistent errors in the outputs of the developing a modification that will electronically. ADIRU. These errors were caused by the address the unsafe condition identified • Government-wide rulemaking Web OPS using data from faulted (failed) in this AD and AD 2005–10–03. Once site: Go to http://www.regulations.gov sensors. This problem exists in all this modification is developed, and follow the instructions for sending software versions after P/N 3470–HNC– approved, and available, we may your comments electronically. 100–03, beginning with P/N 3477– consider additional rulemaking • Mail: Docket Management Facility; HNC–100–04 approved in 1998 and including the versions mandated by AD FAA’s Determination of the Effective U.S. Department of Transportation, 400 Date Seventh Street SW., Nassif Building, 2005–10–03. While these versions have room PL–401, Washington, DC 20590. been installed on many airplanes before We found that immediate corrective • Fax: (202) 493–2251. we issued AD 2005–10–03, they had not action was required; therefore, notice • Hand Delivery: Room PL–401 on caused an incident until recently, and and opportunity for prior public the plaza level of the Nassif Building, the problem was therefore unknown comment thereon were impracticable 400 Seventh Street, SW., Washington, until then. OPS using data from faulted and contrary to the public interest, and DC, between 9 a.m. and 5 p.m., Monday sensors, if not corrected, could result in good cause existed to make the AD through Friday, except Federal holidays. anomalies of the fly-by-wire primary effective immediately by individual Contact Boeing Commercial flight control, autopilot, auto-throttle, notices issued on August 29, 2005, to all Airplanes, P.O. Box 3707, Seattle, pilot display, and auto-brake systems, known U.S. owners and operators of Washington 98124–2207, for service which could result in high pilot Boeing Model 777 airplanes. These information identified in this AD. workload, deviation from the intended conditions still exist, and the AD is

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hereby published in the Federal We are issuing this rulemaking under following new airworthiness directive Register as an amendment to § 39.13 of the authority described in subtitle VII, (AD): the Federal Aviation Regulations (14 part A, subpart III, section 44701, AD 2005–18–51 Boeing: Amendment 39– CFR 39.13) to make it effective to all ‘‘General requirements.’’ Under that 14260. Docket No. FAA–2005–22252; persons. section, Congress charges the FAA with Directorate Identifier 2005–NM–182–AD. promoting safe flight of civil aircraft in Comments Invited air commerce by prescribing regulations Effective Date This AD is a final rule that involves for practices, methods, and procedures (a) This AD becomes effective September requirements that affect flight safety and the Administrator finds necessary for 14, 2005, to all persons except those persons was not preceded by notice and an safety in air commerce. This regulation to whom it was made immediately effective opportunity for public comment; is within the scope of that authority by emergency AD 2005–18–51, issued on however, we invite you to submit any because it addresses an unsafe condition August 29, 2005, which contained the relevant written data, views, or that is likely to exist or develop on requirements of this amendment. arguments regarding this AD. Send your products identified in this rulemaking Affected ADs comments to an address listed in the action. (b) This AD supersedes AD 2005–10–03. ADDRESSES section. Include ‘‘Docket No. Regulatory Findings FAA–2005–22252; Directorate Identifier Applicability 2005–NM–182–AD’’ at the beginning of We have determined that this AD will (c) This AD applies to all Boeing Model your comments. We specifically invite not have federalism implications under 777–200, –300, and –300ER series airplanes, comments on the overall regulatory, Executive Order 13132. This AD will certificated in any category. economic, environmental, and energy not have a substantial direct effect on Unsafe Condition aspects of the AD. We will consider all the States, on the relationship between comments received by the closing date the national government and the States, (d) This AD results from a recent report of and may amend the AD in light of those or on the distribution of power and a significant nose-up pitch event. We are comments. responsibilities among the various issuing this AD to prevent the operational levels of government. program software (OPS) from using data from We will post all comments we faulted (failed) sensors, which could result in receive, without change, to http:// The FAA has determined that this regulation is an emergency regulation anomalies of the fly-by-wire primary flight dms.dot.gov, including any personal control, autopilot, auto-throttle, pilot display, information you provide. We will also that must be issued immediately to correct an unsafe condition in aircraft, and auto-brake systems. These anomalies post a report summarizing each could result in high pilot workload, deviation substantive verbal contact with FAA and that it is not a ‘‘significant regulatory action’’ under Executive from the intended flight path, and possible personnel concerning this AD. Using the loss of control of the airplane. search function of our docket web site, Order 12866. It has been determined anyone can find and read the comments further that this action involves an Compliance in any of our dockets, including the emergency regulation under DOT (e) You are responsible for having the name of the individual who sent the Regulatory Policies and Procedures (44 actions required by this AD performed within comment (or signed the comment on FR 11034, February 26, 1979). If this the compliance times specified, unless the behalf of an association, business, labor emergency regulation is later deemed actions have already been done. significant under DOT Regulatory union, etc.). You can review the DOT’s Installation of OPS Policies and Procedures, we will complete Privacy Act Statement in the (f) Within 72 hours after the effective date Federal Register published on April 11, prepare a final regulatory evaluation and place it in the AD Docket. See the of this AD, do the actions specified in 2000 (65 FR 19477–78), or you can visit paragraphs (f)(1) and (f)(2) of this AD. http://dms.dot.gov. ADDRESSES section for a location to examine the regulatory evaluation, if (1) Install OPS, part number (P/N) 3470– Examining the Dockets filed. HNC–100–03, in the air data inertial reference unit (ADIRU), in accordance with You may examine the AD docket on List of Subjects in 14 CFR Part 39 the Accomplishment Instructions of Boeing the Internet at http://dms.dot.gov, or in Air transportation, Aircraft, Aviation Alert Service Bulletin 777–34A0137, dated person at the Docket Management safety, Incorporation by reference, August 26, 2005. (2) Revise the Limitations section of the Facility office between 9 a.m. and 5 Safety. p.m., Monday through Friday, except Airplane Flight Manual (AFM) by inserting a Federal holidays. The Docket Adoption of the Amendment copy of the Boeing operations manual bulletins in Table 1 of this AD. Management Facility office (telephone I Accordingly, under the authority (800) 647–5227) is located on the plaza delegated to me by the Administrator, TABLE 1.—OPERATIONS MANUAL level of the Nassif Building at the DOT the FAA amends 14 CFR part 39 as ADDRESSES BULLETINS street address stated in the follows: section. Comments will be available in the AD docket shortly after the Docket Boeing 777 operations PART 39—AIRWORTHINESS manual bulletin Date Management System receives them. DIRECTIVES Authority for This Rulemaking I 1. The authority citation for part 39 (i) CS3–3093 ...... August 26, 2005. (ii) CS3–3155 ...... August 26, 2005. Title 49 of the United States Code continues to read as follows: specifies the FAA’s authority to issue Authority: 49 U.S.C. 106(g), 40113, 44701. (g) When the information in the operations rules on aviation safety. Subtitle I, manual bulletins in Table 1 of this AD has § 39.13 [Amended] section 106, describes the authority of been incorporated into the general revisions the FAA Administrator. Subtitle VII, I 2. The Federal Aviation of the AFM, the general revisions may be Aviation Programs, describes in more Administration (FAA) amends § 39.13 incorporated into the AFM, and these detail the scope of the Agency’s by removing amendment 39–14080 (70 operations manual bulletins may be removed authority. FR 24703, May 11, 2005) and adding the from the AFM.

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Parts Installation Related Information Washington 98124–2207, for a copy of this (h) As of the effective date of this AD, only (j) None. service information. You may review copies at the Docket Management Facility, U.S. OPS, P/N 3470–HNC–100–03, may be loaded Material Incorporated by Reference Department of Transportation, 400 Seventh into the ADIRU. (k) You must use the service information Street SW., room PL–401, Nassif Building, Alternative Methods of Compliance in Table 2 of this AD to perform the actions Washington, DC; on the Internet at http:// (AMOCs) that are required by this AD, unless the AD dms.dot.gov; or at the National Archives and specifies otherwise. The Director of the Records Administration (NARA). For (i) The Manager, Seattle Aircraft Federal Register approved the incorporation information on the availability of this Certification Office, FAA, has the authority to by reference of these documents in material at the NARA, call (202) 741–6030, approve AMOCs for this AD, if requested in accordance with 5 U.S.C. 552(a) and 1 CFR or go to http://www.archives.gov/ accordance with the procedures found in 14 part 51. Contact Boeing Commercial federal_register/code_of_federal_regulations/ CFR 39.19. Airplanes, P.O. Box 3707, Seattle, ibr_locations.html.

TABLE 2.—MATERIAL INCORPORATED BY REFERENCE

Service information Date

Boeing Alert Service Bulletin 777–34A0137 ...... August 26, 2005. Boeing 777 Operations Manual Bulletin CS3–3093 ...... August 26, 2005. Boeing 777 Operations Manual Bulletin CS3–3155 ...... August 26, 2005.

Issued in Renton, Washington, on Federal Register approved the Friday, except Federal holidays. The September 1, 2005. incorporation by reference of certain Docket Office (telephone (800) 647– Ali Bahrami, publications listed in the regulations as 5227) is located on the plaza level of the Manager, Transport Airplane Directorate, of October 14, 2005. Department of Transportation Nassif Aircraft Certification Service. ADDRESSES: Contact Goodrich De-icing Building at the street address stated in [FR Doc. 05–17762 Filed 9–8–05; 8:45 am] and Specialty Systems, 1555 Corporate ADDRESSES. Comments will be available BILLING CODE 4910–13–P Woods Parkway, Uniontown, Ohio in the AD docket shortly after the DMS 44685, telephone (330) 374–3743, for receives them. the service information referenced in Comments DEPARTMENT OF TRANSPORTATION this AD. You may examine the AD docket on We provided the public the Federal Aviation Administration the Internet at http://dms.dot.gov or in opportunity to participate in the Room PL–401 on the plaza level of the development of this AD. We have 14 CFR Part 39 Nassif Building, 400 Seventh Street, considered the one comment received. [Docket No. FAA–2005–20847; Directorate SW., Washington, DC. The commenter states that we need to Identifier 2004–NE–35–AD; Amendment 39– FOR FURTHER INFORMATION CONTACT: clarify the compliance section, and 14261; AD 2005–18–20] Melissa T. Bradley, Aerospace Engineer, requests that any pilot be able to make RIN 2120–AA64 Chicago Aircraft Certification Office, required logbook entries after the visual FAA, 2300 East Devon Avenue, Des check of propeller de-icers regardless of Airworthiness Directives; Goodrich De- Plaines, IL 60018–4696; telephone (847) how the airplane is operated, whether icing and Specialty Systems 294–8110; fax (847) 294–7834. under 14 CFR part 91, part 135, or part ‘‘FASTprop’’ Propeller De-icers SUPPLEMENTARY INFORMATION: The FAA 121. The commenter interprets proposed to amend 14 CFR part 39 with Goodrich De-icing and Specialty AGENCY: Federal Aviation a proposed airworthiness directive (AD). Systems Alert Service Bulletin (ASB) Administration (FAA), Department of The proposed AD applies to Goodrich No. 30–60–00–1, dated November 15, Transportation (DOT). De-icing and Specialty Systems 2004, as only allowing private pilots ACTION: Final rule. ‘‘FASTprop’’ propeller de-icers, part operating under 14 CFR part 91 to make numbers P4E1188 series, P4E1601 the required logbook entries. SUMMARY: The FAA is adopting a new series, P4E2200 series, P4E2271–10, We agree that we need to clarify the airworthiness directive (AD) for P4E2575–7, P4E2575–10, P4E2598–10, compliance section. Accordingly, we Goodrich De-icing and Specialty P5855BSW, P6199SW, P6592SW, added the following statement to the Systems ‘‘FASTprop’’ propeller de-icers, P6662SW, and P6975–11. We published compliance section of this AD: part numbers P4E1188 series, P4E1601 the proposed AD in the Federal Register ‘‘Properly certificated maintenance series, P4E2200 series, P4E2271–10, on April 6, 2005 (70 FR 17361). That personnel must perform the initial P4E2575–7, P4E2575–10, P4E2598–10, action proposed to require inspection, inspection required in this AD. P5855BSW, P6199SW, P6592SW, repair, or replacement of those Thereafter, the pilot or properly P6662SW, and P6975–11, installed. This ‘‘FASTprop’’ propeller de-icers that fail certificated maintenance personnel may AD requires inspection, repair, or visual checks before the first flight each perform the repetitive visual check.’’ replacement of those ‘‘FASTprop’’ day. propeller de-icers that fail daily visual Conclusion checks. This AD results from reports of Examining the AD Docket We have carefully reviewed the Goodrich ‘‘FASTprop’’ propeller de- You may examine the docket that available data, including the comment icers becoming loose or debonded, and contains the AD, any comments received, and determined that air safety detaching from propeller blades during received, and any final disposition in and the public interest require adopting operation. person at the Docket Management the AD with the changes described DATES: This AD becomes effective System (DMS) Docket Office between 9 previously. We have determined that October 14, 2005. The Director of the a.m. and 5 p.m., Monday through these changes will neither increase the

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economic burden on any operator nor air commerce by prescribing regulations Adoption of the Amendment increase the scope of the AD. for practices, methods, and procedures the Administrator finds necessary for I Accordingly, under the authority Costs of Compliance safety in air commerce. This regulation delegated to me by the Administrator, We estimate that 3,400 Goodrich is within the scope of that authority the Federal Aviation Administration propeller de-icers are installed on because it addresses an unsafe condition amends 14 CFR part 39 as follows: airplanes of U.S. registry and will be that is likely to exist or develop on affected by this AD. We also estimate products identified in this rulemaking PART 39—AIRWORTHINESS that it will take about: action. DIRECTIVES • Two minutes per propeller blade to perform the preflight visual check; and Regulatory Findings I 1. The authority citation for part 39 • Five minutes per propeller blade to We have determined that this AD will continues to read as follows: perform the inspection of de-icers that not have federalism implications under Authority: 49 U.S.C. 106(g), 40113, 44701. fail the visual check; and Executive Order 13132. This AD will • One-half work hour to replace a not have a substantial direct effect on § 39.13 [Amended] propeller de-icer. the States, on the relationship between The average labor rate is $65 per work the national government and the States, I 2. The FAA amends § 39.13 by adding hour. Required parts will cost about or on the distribution of power and the following new airworthiness $110.00 per replacement propeller de- directive: icer. The manufacturer has advised us responsibilities among the various that replacement de-icers will be levels of government. 2005–18–20 Goodrich De-icing and provided at no cost to the operators. For the reasons discussed above, I Specialty Systems: Amendment 39– Based on these figures, not including certify that this AD: 14261. Docket No. FAA–2005–20847; free de-icer hardware supplied by the (1) Is not a ‘‘significant regulatory Directorate Identifier. 2004–NE–35–AD. action’’ under Executive Order 12866; manufacturer, we estimate the total cost Effective Date of the AD to U.S. operators to be (2) Is not a ‘‘significant rule’’ under $510,240. DOT Regulatory Policies and Procedures (a) This airworthiness directive (AD) (44 FR 11034, February 26, 1979); and becomes effective October 14, 2005. Authority for This Rulemaking (3) Will not have a significant Affected ADs Title 49 of the United States Code economic impact, positive or negative, (b) None. specifies the FAA’s authority to issue on a substantial number of small entities rules on aviation safety. Subtitle I, under the criteria of the Regulatory Applicability section 106, describes the authority of Flexibility Act. (c) This AD applies to Goodrich De-icing the FAA Administrator. Subtitle VII, We prepared a summary of the costs and Specialty Systems ‘‘FASTprop’’ Aviation Programs, describes in more to comply with this AD and placed it in propeller de-icers, part numbers (P/Ns) detail the scope of the Agency’s the AD Docket. You may get a copy of P4E1188 series, P4E1601 series, P4E2200 authority. this summary at the address listed series, P4E2271–10, P4E2575–7, P4E2575–10, We are issuing this rulemaking under under ADDRESSES. P4E2598–10, P5855BSW, P6199SW, the authority described in subtitle VII, List of Subjects in 14 CFR Part 39 P6592SW, P6662SW, and P6975–11, part A, subpart III, section 44701, installed. These propeller de-icers are ‘‘General requirements.’’ Under that Air transportation, Aircraft, Aviation installed on, but not limited to, the airplanes section, Congress charges the FAA with safety, Incorporation by reference, listed in Table 1 of this AD. promoting safe flight of civil aircraft in Safety.

TABLE 1.—GOODRICH ‘‘FASTPROP’’ PROPELLER DE-ICERS

De-icer P/N Installed on, but not limited to

P4E1188–2 ...... Metal propellers operated up to 2,900 rpm on: Cessna 210E, 210F, 210G, 210H, 210J, 210K, 210L, T210F, T210G, T210H, T210J, T210K, and T210L. With Supplemental Type Certificate (STC) SA1–502 on Raytheon (Beech) D18C, D18S, E18S, G18S, H18, C45G, C45H, TC45G, and TC45H. P4E1188–3 ...... Metal propellers operated up to 2,900 rpm on: Raytheon (Beech) D18C, D18S, E18S, E18S–9700, G18S, H18, C–45G, C–45H, C–45J, TC–45G. TC–45H, TC–45J (SNB–5), and JRB–6. With STC SA1–503 on Raytheon (Beech), E50, F50, G50, H50, J50, and 65. With STC SA15EA on Raytheon (Beech) E50, F50, G50, H50, J50, 65, and 65–80. Raytheon (Beech) 55, B55, D55, D55A, E55, 95–C55, 95–C55A, 58, 95–55, 95–A55, 95–B55, 56TC, 60, 65, 65–80, 65–90, 65–A90, B90, C90, 99, 99A, A99, A99A, 100, and A100. With STC SA1–506 on Cessna 310. With McCauley props on Cessna 310, 320, 340, 401, 402, 411, 414, and 421. With STC SA2424WE on Cessna 402. With STC SA132EA on Twin Commander (Gulfstream) 560A, 560E, 680, 680E, and 720. With STC SA179EA on Twin Commander (Gulfstream) 560F, 680FL, 680FL(P), and 680–F. With STC SA1–520 on Twin Commander (Gulfstream) 560A, 560E 680, 680E, and 720. On the following models equipped with 90-amp generator: Twin Commander (Gulfstream) 500B, 500S, and 500U. With STC SA1–607 on Twin Commander (Gulfstream) 500A. With STC SA2478SW on Twin Commander (Gulfstream) 500. With STC SA2891WE or STC SA2691WE on Twin Commander (Gulfstream) 680F, 680FP, and 680FL(P). Twin Commander (Gulfstream) 680V, 680T, 680W, and 681. Mitsubishi Heavy Industries MU–2 series. With STC SA195EA on Piper PA–23–250, E23–250 (serial number (SN) 27–2505 up).

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TABLE 1.—GOODRICH ‘‘FASTPROP’’ PROPELLER DE-ICERS—Continued

De-icer P/N Installed on, but not limited to

Piper PA–31 (SN 31–5 up), PA–31–300 (SN 31–5 up), PA–31–325 (SN31–5 up), and PA–31–350 (SN 31–5001 up). P4E1188–4 ...... Metal propellers operated up to 2,900 rpm on: B–N Group Ltd. (Britten Norman) BN–2, BN–2A, and BN–2A Mark III series, Vulcanair (Partenavia) P–68, Piper Aerostar 600, 601, and 601P. On the following models equipped with 3-blade props: Short Brothers SC7 series 3, M7 Aerospace (Fairchild) SA26–T, SA26–AT, SA226–T, SA226–AT, and SA226–TC. The following models equipped with 70-amp alternators and Hartzell HC–A3XK props: Twin Commander (Gulfstream) 500B, 500S, and 500U. The following models equipped with 70-amp alternator and Hartzell HC–C3YR–2 props: Twin Commander (Gulf- stream) 500S and 500U. The following model with 70- or 100-amp alternators and Hartzell HC–C3YR–R props: Twin Commander (Gulfstream) 500S (SN 3115 up). With STC SA2478SW on model Twin Commander (Gulfstream) 500. With STC SA2691WE or SA2891WE on the following models: Twin Commander (Gulfstream) 680F, 680FL, and 680FLP. P4E1188–5 ...... Metal propellers operated up to 2,900 rpm on: With Hartzell HC–B3TN–3 props on Raytheon (Beech) D18C, D18S, E18S, E18S–9700, G18S, H18, C45G, C45H, TC45G, TC45H, C45J, TC45J (SN B–5), JRB–6, 99, 99A, A99, A99A, 99B, B99, 100, A100, A100A, A100C, and B100. With Hartzell HC–B3TN–3 props on Raytheon (Beech) 65–90, 65–A90, 65–A90–1, 65–A90–2, 65–A90–3, 65–A90–4, B90, C90, E90, and H90. With Hartzell HC–B3TN–3 props on Bombardier (deHavilland) DHC–6–300, Aircraft Industries 101 Arava, Mitsubishi Heavy Industries MU–2B–10, –15, –20, –25, –26, –30, –35, –36, MU–2 Series, Pilatus PC–6, Piper PA– 31T (SN 31T–7400002 up), and PA31T1. With STC SA2293SW on British Aerospace (Scotland) Handley Page Jetstream 137 Mark I. AeroSpace Technologies of Australia (Government Aircraft Factories) N22B. Short Brothers SC7 series 3 equipped with 4-blade props. P4E1188–6 ...... Metal propellers operated up to 2,900 rpm on: With Hartzell HC–B3TN–5( ) props on Cessna 425 and 441. Embraer EMB–110P1 and 110P2. Short Brothers SC7 series 3 equipped with 3-blade props. M7 Aerospace (Fairchild) SA226–T, SA226–AT, and SA226–TC. P4E1188–7 ...... Metal propellers operated up to 2,900 rpm on: Mitsubishi Heavy Industries MU–2B, MU–2B–26A, MU–2B–36A, MU–2B–40, and MU–2B–60. P4E1601–3 ...... Metal propellers operated up to 2,900 rpm on: Piper PA31 (SN 5 up), PA31–300 (SN 5 up), PA31–325 (SN 5up), PA31P (SN 31P–3 up), and PA31–350 (SN 31– 5001 up). P4E1601–4 ...... Metal propellers operated up to 2,900 rpm on: Raytheon (Beech) 65–88. P4E1601–5 ...... Metal propellers operated up to 2,900 rpm on: Casa C212CB. Twin Commander (Gulfstream) 690 and 690A. P4E1601–7 ...... Metal propellers operated up to 2,900 rpm on: Raytheon (Beech) B55, E55, 56TC, 58P, and 60. With STC SA2369SW on Nord 262A. The following models equipped with 70- or 100-amp alternator and Hartzell HC–C3YR–2 props: Twin Commander (Gulfstream) 500S (SN 3115 up) and Twin Commander (Gulfstream) 685. Short Brothers SD3–30. P4E1601–10 ...... Metal propellers operated up to 2,900 rpm on: Raytheon (Beech) B55, E55, 56TC, 58P, and 60. Twin Commander (Gulfstream) 690C and 695. M7 Aerospace (Fairchild) SA–226–TB, SA227–AC, SA227–TT, and SA227–AT. P4E2200–2 ...... Metal propellers operated up to 2,900 rpm on: With STC SA00719LA on Raytheon (Beech) A36. With STC SA00718LA on Raytheon (Beech) B36TC. Raytheon (Beech) V35 equipped with 2- or 3-blade McCauley props. P4E2200–3 ...... Metal propellers operated up to 2,900 rpm on: Raytheon (Beech) E50, F50, G50, H50, and J50. Cessna E310J, T310P, 310, 310E, 310J, 310K, 310L, 310N, 320, 320D, 320F, 40, 402A, 402B, 411, 411A, 414, 421, 421A, and 421B. Piper PA23–250. P4E2200–4 ...... Metal propellers operated up to 2,900 rpm on: B–N Group Ltd. (Britten Norman) BN–2A Mark III, BN–2, BN–2A. Piper 600, 601, 601P. P4E2200–10 ...... Metal propellers operated up to 2,900 rpm on: With Volpar Turboliner conversion on the following models: Raytheon (Beech) D18C and D18S.

Raytheon (Beech) 56TC, A56TC, 65–90, 65–A90, B90, C90, E90, H90, 99, A99, 99A, B99, 99B, 100, A100, A100A, A100C, B100, and 200. Embraer EMB 110P1 and 110P2. Mitsubishi Heavy Industries MU–2B, MU–2B–10, MU–2B–15, MU–2B–20, MU–2B–25, MU–2B–30, and MU–2B–35. Pilatus PC–6.

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TABLE 1.—GOODRICH ‘‘FASTPROP’’ PROPELLER DE-ICERS—Continued

De-icer P/N Installed on, but not limited to

Piper PA31–350 (SN 5001 up) and PA31P (SN 31P–3 up). M7 Aerospace (Fairchild) SA26–T, SA26–AT, SA226–T, SA226TC, and SA226AT. Twin Commander (Gulfstream) 500B, 500U, 560F, 680F, 680FP, 680FL, and 680FLP. P4E2200–21 ...... Metal propellers operated up to 2,900 rpm with STC SA812NE on the following models: Raytheon (Beech) 65–90 series, B90, C90, E90, F90, H90, 99 A99 series, C99, 100, A100 series, B100, and 200. Embraer EMB110 series. M7 Aerospace (Fairchild) SA226–AT, SA226–T, and SA–226TC. Mitsubishi Heavy Industries MU–2B, MU–2B–10, MU–2B–15, MU–2B–20, MU–2B–25, MU–2B–26, MU–2B–30, MU– 2B–35, and MU–2B–36. Pilatus PC–6, PC–6B–H2, PC–6B1–H2, PC–6C–H2, PC–6C1–H2, and PC–7. Piper PA–31T, PA–31T1, PA–31T1A, PA–31T2A, PA–31T3, and PA–31T–1040. P4E2271–10 ...... Metal propellers operated up to 2,900 rpm on: B–N Group Ltd. (Britten-Norman) BN–2, BN–2A series, and BN–2A Mark III. With Volpar Turboliner conversion on the following models: Raytheon (Beech) D18C, and D18S. The following models equipped with 2- or 3-blade props: S35, V35, V35A, V35B, 35–C33A, F33A, F33C, and A36. Raytheon (Beech) E50, F50, G50, H50, J50, E55, E55A, 56TC, A56TC, 58, 58A, 60, A60, B60, 65–90, 65–A90, B90, C90, E90, H90, 95–B55, 95–B55A, 99, A99, A99A, 99A, 100, A100, A100A, A100C, B100, and 200. With STC SA00966CH on Raytheon (Beech) C90B With STC SA3593NM on Raytheon (Beech) E90. With STC SA4131NM on Raytheon (Beech) F90. With STC SA2698NM on the following models: Raytheon (Beech) 200 and B200. Cessna 310, 310J, 310K, 310L, 310N, E310J, T310P, 320D, 320E, 320F, 340, 401A, 401B, 402A, 402B, 411, 411A, 414A, 414B, 421A, and 421B. With STC SA3532NM on Bombardier (deHavilland) DHC–6. With STC SA2369SW on Nord 262A. Mitsubishi Heavy Industries MU–2B–10, MU–2B–15, MU–2B–20, MU–2B–25, MU–2B–26A, MU–2B–30, MU–2B–35, MU–2B–36A, MU–2B–40, and MU–2B–60. Piper PA23, PA23–160, PA23–250, PA–E23–250 (SN 27–2505 UP), PA31 (SN 31–5 up), PA31–300 (SN 31–5 up), PA31–325 (SN 31–5 up), PA31–350 (SN 5001 up) PA34–200, PA34–200T, PA600, PA601, and PA601P. Pilatus PC–6. Short Brothers SD–3–30. M7 Aerospace (Fairchild) SA26–T, SA26–AT, SA226–T, SA226–AT, SA226TB, and SA226–TC. Twin Commander (Gulfstream) 500B, and 500U. P4E2575–7 ...... Metal propellers operated up to 1,700 rpm on Raytheon (Beech) 300. P4E2575–10 ...... Metal propellers operated up to 1,700 rpm on Raytheon (Beech) 300. P4E2598–10 ...... Metal propellers operated up to 1,591 rpm on: AvCraft (Dornier) 228, M7 Aerospace (Fairchild) SA227–TT (SN 421–541), SA227–AT (SN 423–549), and SA227–AC (SN 420–545). P5855BSW ...... Metal propellers on: Cessna T310Q, T310R, 340, 340A, 402B, 402C, 414, 414A, 421A, and 421B. P6199SW ...... Metal propellers operated up to 2,900 rpm on: The following models equipped with McCauley D3A34C401 or D3A34C402 props: Cessna 210L, 210M, 210N, P210N, T210L, T210M, and T210N. P6592SW ...... Metal propellers operated up to 2,900 rpm on: Various aircraft models equipped with McCauley 3AF32C504, 3AF32C505, 3AF32C506, or 3AF32C507 props. P6662SW ...... Metal propellers operated up to 2,900 rpm on: Various aircraft models equipped with McCauley 3AF32C512/G–82NEA–5, 3AF32C511/G–82NEA–4, or 4HFR34C7 props. P6975–11 ...... Metal propellers operated up to 2,900 rpm on: With STC SA812EA and equipped with Hartzell HC–B3TN–3D, HC–B3TN–5C, or HC–B3TN–5M props: Air Tractor, AT–302 and AT–400. With STC SA812EA and equipped with Hartzell HC–B3TN–3C or HC–B3TN–3D props: Quality Aerospace (Ayres) S2R–T11. With STC SA2204WE and equipped with Hartzell HC–B3TN–5C props: Raytheon (Beech) D18C, D18S, E18S–9700, C45G, C45H, TC–45G, TC–45H, and TC–45J. Raytheon (Beech) T–34C equipped with Hartzell HC–B3TN–3H props. The following models equipped with Hartzell HC–B3TN–2B, HC–B3TN–3B, or HC–B3TN–3M props: Raytheon (Beech) 65–90, 65–A–90, 65–A90–1, 65–A90–2, 65–A90–3, and 65–A90–4. The following models equipped with Hartzell HC–B3TN–3B or HC–B3TN–3M props: Raytheon (Beech) B90, C90, E90, and H90. Raytheon (Beech) F90 equipped with Hartzell HC–B4TN–3A or HC–B4TN–3B props. The following models equipped with Hartzell HC–B3TN–3B props: Raytheon (Beech) 99, 99A, A99, and A99A. The following models equipped with Hartzell HC–B3TN–3B or HC–B3TN–3M props: Raytheon (Beech) C99, and 100. The following models equipped with Hartzell HC–B4TN–3 or HC–4TN–3A props: Raytheon (Beech) A100, A100A, and A100–1. Raytheon (Beech) B100 equipped with Hartzell HC–B4TN–5C or HC–B4TN–5F props. The following models equipped with Hartzell HC–B3TN–3G or HC–B3TN–3N props: Raytheon (Beech) 200, 200C, 200CT, 200T, A200, A200C, A200CT, B200, B200C, B200CT, and B200T. Raytheon (Beech) JRB–6 with STC SA1171WE equipped with Hartzell HC–B3TN–5C props. British Aerospace HP.137MK.1 with STC SA2293WE equipped with Hartzell HC–B3TN–3D props. CASA C212–100 Aviocar equipped with Hartzell HC–B4TN–5EL props. Cessna 441 equipped with Hartzell HC–B3TN–5E or HC–B3TN–5M props.

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TABLE 1.—GOODRICH ‘‘FASTPROP’’ PROPELLER DE-ICERS—Continued

De-icer P/N Installed on, but not limited to

Bombardier (deHavilland) DHC–2MK.III equipped with HC–B3TN–3, HC–B3TN–3B, or HC–B3TN–3BY props. Bombardier (deHavilland) DHC–6–300 equipped with Hartzell HC–B3TN–3(D)(Y) props. Embraer EMB–110P1/2 equipped with Hartzell HC–B3TN–3C or HC–B3TN–3D props. The following models equipped with Hartzell HC–B3TN–5( ) props: M7 Aerospace (Fairchild) SA226–AT, and SA226T. M7 Aerospace (Fairchild) SA226–TC equipped with Hartzell HC–B4TN–5( ) props. M7 Aerospace (Fairchild) SA226–TC with STC SA344GL equipped with Hartzell HC–B3TN–5( ) props. M7 Aerospace (Fairchild) SA226–TC with STC SA344Gl. The following models equipped with Hartzell HC–A3VF–7 or HC–3VH–7B props: AeroSpace Technologies of Australia (Government Aircraft Factories) N22B and N24A. The following models equipped with Hartzell HC–B3TN–3D props: IAI Arava 101 and 101B. The following models equipped with Hartzell HC–B3TN–3DY props: McKinnon (Grumman) G–21E and G–21G. The following models equipped with HC–B3TN–5( ) props: Mitsubishi Heavy Industries MU–2B, and MU–2B–10. The following models equipped with Hartzell HC–B3TN–5 props: Mitsubishi Heavy Industries MU–2B–15, MU–2B–20, MU–2B–25, MU–2B–26, MU–2B–30, MU–2B–35, and MU–2B–36. The following models equipped with Hartzell HC–B3TN–3C props: Pilatus PC–6, PC–6/B–H2, PC–6/B1–H2, PC–6/C– H2, PC–6/C1–H2. The following models equipped with Hartzell HC–B3TN–3B props: Piper PA–31T and PA31T1. The following models equipped with Hartzell HC–B3TN–3B or HC–B3TN–3K props: Piper PA42 and PA42–720. The following model equipped with Hartzell HC–B3TN–5( ) props: Short Brothers SC–7 series 3 Variant 200. With STC SA02059AK on the following model equipped with HC–B4TN–5 props: Short Brothers SC–7 series 3 Vari- ant 200. The following models equipped with Hartzell HC–B3TN–5( ) props: Twin Commander (Gulfstream) 690, 690A, and 690B.

Unsafe Condition repaired, or replaced as necessary before the telephone (330) 374–3743, for a copy of this (d) This AD results from reports of next flight. Terminating action is service information. You may review copies Goodrich ‘‘FASTprop’’ propeller de-icers accomplished when the ‘‘FASTprop’’ at the Docket Management Facility; U.S. becoming loose or debonded, and detaching propeller de-icer is removed and replaced Department of Transportation, 400 Seventh from propeller blades during operation. We with an approved propeller de-icer. Use Street, SW., Nassif Building, Room PL–401, are issuing this AD to prevent Goodrich paragraph 2.A(2) of the Accomplishment Washington, DC 20590–0001, on the Internet ‘‘FASTprop’’ propeller de-icers from Instructions of Goodrich De-icing and at http://dms.dot.gov, or at the National Specialty Systems Alert Service Bulletin detaching from the propeller blade, resulting Archives and Records Administration (ASB) No. 30–60–00–1, dated November 15, in damage to the airplane, and possible (NARA). For information on the availability 2004 to do these actions. injury to passengers and crewmembers. of this material at NARA, call (202) 741– 6030, or go to: http://www.archives.gov/ Alternative Methods of Compliance Compliance federal_register/code_of_federal_regulations/ (i) The Manager, Chicago Aircraft ibr_locations.html. (e) You are responsible for having the Certification Office, has the authority to actions required by this AD performed within approve alternative methods of compliance Issued in Burlington, Massachusetts, on the compliance times specified unless the for this AD if requested using the procedures September 1, 2005. actions have already been done. found in 14 CFR 39.19. Peter A. White, (f) Properly certificated maintenance personnel must perform the initial inspection Special Flight Permits Acting Manager, Engine and Propeller Directorate, Aircraft Certification Service. required in this AD. Thereafter, the pilot or (j) Under 14 CFR part 39.23, we are [FR Doc. 05–17773 Filed 9–8–05; 8:45 am] properly certificated maintenance personnel limiting the special flight permits for this AD may perform the repetitive visual check. by requiring that any propeller found with a BILLING CODE 4910–13–P Initial Visual Inspection of ‘‘FASTprop’’ loose or debonded ‘‘FASTprop’’ de-icer must Propeller De-Icers have all propeller blade de-icers removed before the flight, to maintain a balanced DEPARTMENT OF TRANSPORTATION (g) Within 10 hours after the effective date propeller. Information on removing de-icers of this AD, inspect the ‘‘FASTprop’’ propeller can be found in paragraph 1.K.(1) of Federal Aviation Administration de-icers. If any ‘‘FASTprop’’ propeller de-icer Goodrich De-icing and Specialty Systems fails the inspection, then the ‘‘FASTprop’’ ASB No. 30–60–00–1, dated November 15, 14 CFR Part 39 de-icer must be repaired or replaced as 2004. necessary before the next flight. Use [Docket No. FAA–2004–19540; Directorate paragraphs 2.A(3) through (5) of the Related Information Identifier 2004–NM–110–AD; Amendment Accomplishment Instructions of Goodrich (k) None. 39–14258; AD 2005–18–18] De-icing and Specialty Systems Alert Service Bulletin (ASB) No. 30–60–00–1, dated Material Incorporated by Reference RIN 2120–AA64 November 15, 2004 to do these actions. (l) You must use Goodrich De-icing and Specialty Systems Alert Service Bulletin No. Airworthiness Directives; Boeing Repetitive Visual Inspections of 30–60–00–1, dated November 15, 2004, to Model 757 Airplanes ‘‘FASTprop’’ Propeller De-Icers perform the inspections, repairs, and AGENCY: Federal Aviation (h) After the initial inspection, visually replacements required by this AD. The check the ‘‘FASTprop’’ propeller de-icer once Director of the Federal Register approved the Administration (FAA), Department of per day either during the pilot’s first preflight incorporation by reference of this service Transportation (DOT). inspection of the day or when maintenance bulletin in accordance with 5 U.S.C. 552(a) ACTION: Final rule. personnel are available. If any ‘‘FASTprop’’ and 1 CFR part 51. Contact Goodrich De-icing propeller de-icer fails the visual check, then and Specialty Systems, 1555 Corporate SUMMARY: The FAA is adopting a new the ‘‘FASTprop’’ de-icer must be inspected, Woods Parkway, Uniontown, Ohio 44685, airworthiness directive (AD) for certain

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Boeing Model 757 airplanes. This AD require inspections of certain wire not have a substantial direct effect on requires inspections of certain wire bundles in the left and right engine-to- the States, on the relationship between bundles in the left and right engine-to- wing aft fairings for discrepancies; the national government and the States, wing aft fairings for discrepancies; installation of back-to-back p-clamps or on the distribution of power and installation of back-to-back p-clamps between the wire and hydraulic supply responsibilities among the various between the wire and hydraulic supply tube at the aft end of the right-hand strut levels of government. tube at the aft end of the right-hand strut only; and associated re-routing of the For the reasons discussed above, I only; and associated re-routing of the wire bundles, if necessary. certify that this AD: wire bundles, if necessary. This AD (1) Is not a ‘‘significant regulatory Comments results from a report indicating that a action’’ under Executive Order 12866; circuit breaker for the fuel shutoff valve We provided the public the (2) Is not a ‘‘significant rule’’ under tripped due to a wire that chafed against opportunity to participate in the DOT Regulatory Policies and Procedures the structure in the flammable leakage development of this AD. We have (44 FR 11034, February 26, 1979); and zone of the aft fairing, causing a short considered the comments received. The (3) Will not have a significant circuit. We are issuing this AD to commenters support the supplemental economic impact, positive or negative, prevent chafing between the wire NPRM. on a substantial number of small entities bundle and the structure of the aft Conclusion under the criteria of the Regulatory fairing, which could result in electrical Flexibility Act. arcing and subsequent ignition of We have carefully reviewed the We prepared a regulatory evaluation flammable vapors and possible available data, including the comments of the estimated costs to comply with uncontrollable fire. received, and determined that air safety this AD and placed it in the AD docket. and the public interest require adopting DATES: This AD becomes effective See the ADDRESSES section for a location the AD as proposed in the supplemental October 14, 2005. to examine the regulatory evaluation. NPRM. The Director of the Federal Register List of Subjects in 14 CFR Part 39 approved the incorporation by reference Costs of Compliance Air transportation, Aircraft, Aviation of certain publications listed in the AD There are about 618 airplanes of the as of October 14, 2005. safety, Incorporation by reference, affected design in the worldwide fleet. Safety. ADDRESSES: You may examine the AD This AD will affect about 342 airplanes docket on the Internet at http:// of U.S. registry. The actions will take Adoption of the Amendment dms.dot.gov or in person at the Docket between 16 and 44 work hours per I Management Facility, U.S. Department Accordingly, under the authority airplane, depending on airplane delegated to me by the Administrator, of Transportation, 400 Seventh Street, configuration, at an average labor rate of SW., Nassif Building, Room PL–401, the FAA amends 14 CFR part 39 as $65 per work hour. Required parts will follows: Washington, DC. cost about $600 per airplane. Based on Contact Boeing Commercial these figures, the estimated cost of this PART 39—AIRWORTHINESS Airplanes, P.O. Box 3707, Seattle, AD on U.S. operators is between DIRECTIVES Washington 98124–2207, for service $560,880 and $1,183,320, or between information identified in this AD. $1,640 and $3,460 per airplane. I 1. The authority citation for part 39 FOR FURTHER INFORMATION CONTACT: continues to read as follows: Authority for This Rulemaking Thomas Thorson, Aerospace Engineer, Authority: 49 U.S.C. 106(g), 40113, 44701. Propulsion Branch, ANM–140S, FAA, Title 49 of the United States Code Seattle Aircraft Certification Office, specifies the FAA’s authority to issue § 39.13 [Amended] 1601 Lind Avenue, SW., Renton, rules on aviation safety. Subtitle I, I 2. The Federal Aviation Washington 98055–4056; telephone section 106, describes the authority of Administration (FAA) amends § 39.13 (425) 917–6508; fax (425) 917–6590. the FAA Administrator. Subtitle VII, by adding the following new SUPPLEMENTARY INFORMATION: Aviation Programs, describes in more airworthiness directive (AD): detail the scope of the Agency’s Examining the Docket 2005–18–18 Boeing: Amendment 39–14258. authority. Docket No. FAA–2004–19540; You may examine the AD docket on We are issuing this rulemaking under Directorate Identifier 2004–NM–110–AD. the Internet at http://dms.dot.gov or in the authority described in subtitle VII, person at the Docket Management part A, subpart III, section 44701, Effective Date Facility office between 9 a.m. and 5 ‘‘General requirements.’’ Under that (a) This AD becomes effective October 14, p.m., Monday through Friday, except section, Congress charges the FAA with 2005. Federal holidays. The Docket promoting safe flight of civil aircraft in Affected ADs Management Facility office (telephone air commerce by prescribing regulations (b) None. (800) 647–5227) is located on the plaza for practices, methods, and procedures level of the Nassif Building at the street the Administrator finds necessary for Applicability address stated in the ADDRESSES section. safety in air commerce. This regulation (c) This AD applies to Model 757–200, is within the scope of that authority –200PF, –200CB, and –300 series airplanes; Discussion because it addresses an unsafe condition certificated in any category; equipped with The FAA issued a supplemental that is likely to exist or develop on Rolls-Royce engines; as identified in Boeing notice of proposed rulemaking (NPRM) products identified in this rulemaking Alert Service Bulletins 757–28A0073 and to amend 14 CFR part 39 to include an action. 757–28A0074, both Revision 1, both dated AD that would apply to certain Boeing February 24, 2005. Model 757 airplanes. That supplemental Regulatory Findings Unsafe Condition NPRM was published in the Federal We have determined that this AD will (d) This AD was prompted by a report Register on July 6, 2005 (70 FR 38823). not have federalism implications under indicating that a circuit breaker for the fuel That supplemental NPRM proposed to Executive Order 13132. This AD will shutoff valve tripped due to a wire that

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chafed against the structure in the flammable the compliance times specified, unless the applicable and related investigative and leakage zone of the aft fairing, causing a short actions have already been done. corrective actions if necessary, as applicable, circuit. The FAA is issuing this AD to by doing all the actions specified in the One-Time Inspections/Related Investigative prevent chafing between the wire bundle and Accomplishment Instructions of the and Corrective Actions the structure of the aft fairing, which could applicable service bulletins listed in Table 1 result in electrical arcing and subsequent (f) Within 60 months after the effective of this AD. Accomplish any related ignition of flammable vapors and possible date of this AD, do the actions required by uncontrollable fire. investigative and corrective actions before paragraphs (f)(1) and (f)(2) of this AD. further flight in accordance with the Compliance (1) Accomplish the detailed inspections for applicable service bulletin. (e) You are responsible for having the discrepancies of the wire bundles in the left actions required by this AD performed within and right engine-to-wing aft fairings, and

TABLE 1.—AIRPLANE MODELS AND SERVICE BULLETINS

Boeing Alert Boeing airplanes Service Revision Date Bulletin level

Model 757–200, –200CB, 200PF series airplanes ...... 757–28A0073 Original ...... November 20, 2003. Model 757–200, –200CB, 200PF series airplanes ...... 757–28A0073 1 ...... February 24, 2005. Model 757–300 series airplanes ...... 757–28A0074 Original ...... November 20, 2003. Model 757–300 series airplanes ...... 757–28A0074 1 ...... February 24, 2005.

(2) Install back-to-back p-clamps between lenses, etc., may be necessary. Surface incorporation by reference of these the wire and hydraulic supply tube at the aft cleaning and elaborate procedures may be documents in accordance with 5 U.S.C. end of the right-hand strut only; and re-route required.’’ 552(a) and 1 CFR part 51. Contact Boeing the wire bundles, if necessary, by doing all Commercial Airplanes, P.O. Box 3707, Alternative Methods of Compliance the applicable actions specified in the Seattle, Washington 98124–2207, for a copy (AMOCs) Accomplishment Instructions of Boeing Alert of this service information. You may review Service Bulletin 757–28A0073 or 757– (g) The Manager, Seattle Aircraft copies at the Docket Management Facility, 28A0074, both Revision 1, both dated Certification Office, FAA, has the authority to U.S. Department of Transportation, 400 February 24, 2005; as applicable. approve AMOCs for this AD, if requested in Seventh Street, SW., room PL–401, Nassif accordance with the procedures found in 14 Building, Washington, DC; on the Internet at Note 1: For the purposes of this AD, a CFR 39.19. detailed inspection is: ‘‘An intensive http://dms.dot.gov; or at the National examination of a specific item, installation, Material Incorporated by Reference Archives and Records Administration or assembly to detect damage, failure, or (h) You must use the applicable service (NARA). For information on the availability irregularity. Available lighting is normally bulletin listed in Table 2 of this AD to of this material at the NARA, call (202) 741– supplemented with a direct source of good perform the actions that are required by this 6030, or go to http://www.archives.gov/ lighting at an intensity deemed appropriate. AD, unless the AD specifies otherwise. The federal_register/code_of_federal_regulations/ Inspection aids such as mirror, magnifying Director of the Federal Register approved the ibr_locations.html.

TABLE 2.—MATERIAL INCORPORATED BY REFERENCE

Revision Boeing Alert Service Bulletin level Date

757–28A0073 ...... Original ...... November 20, 2003. 757–28A0073 ...... 1 ...... February 24, 2005. 757–28A0074 ...... Original ...... November 20, 2003. 757–28A0074 ...... 1 ...... February 24, 2005.

Issued in Renton, Washington, on August DEPARTMENT OF TRANSPORTATION SUMMARY: The FAA is adopting a new 31, 2005. airworthiness directive (AD) for certain Kalene C. Yanamura, Federal Aviation Administration Fokker Model F27 Mark 200, 400, 500, Acting Manager, Transport Airplane and 600 airplanes. This AD requires a Directorate, Aircraft Certification Service. 14 CFR Part 39 general visual inspection of the rotary [FR Doc. 05–17772 Filed 9–8–05; 8:45 am] [Docket No. FAA–2005–21683; Directorate knobs for the isolation valves BILLING CODE 4910–13–P Identifier 2005–NM–021–AD; Amendment to determine if the seal wire has been 39–14259; AD 2005–18–19] installed correctly, and corrective RIN 2120–AA64 actions if necessary. This AD results from investigation of a recent accident, Airworthiness Directives; Fokker which found that the rotary knobs Model F27 Mark 200, 400, 500, and 600 controlling the fuel tank isolating valves Airplanes had been in the shut position. We are AGENCY: Federal Aviation issuing this AD to ensure that the rotary Administration (FAA), Department of knobs are not inadvertently moved to Transportation (DOT). the shut position, which could result in ACTION: Final rule. fuel starvation to both engines and

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consequent inability to maintain Conclusion this AD and placed it in the AD docket. controlled flight and landing. We have carefully reviewed the See the ADDRESSES section for a location DATES: This AD becomes effective available data, and determined that air to examine the regulatory evaluation. October 14, 2005. safety and the public interest require List of Subjects in 14 CFR Part 39 The Director of the Federal Register adopting the AD with the change Air transportation, Aircraft, Aviation approved the incorporation by reference described previously. We have safety, Incorporation by reference, of a certain publication listed in the AD determined that this change will neither Safety. as of October 14, 2005. increase the economic burden on any ADDRESSES: You may examine the AD operator nor increase the scope of the Adoption of the Amendment docket on the Internet at http:// AD. I Accordingly, under the authority dms.dot.gov or in person at the Docket Costs of Compliance delegated to me by the Administrator, Management Facility, U.S. Department the FAA amends 14 CFR part 39 as of Transportation, 400 Seventh Street, This AD will affect about 1 airplane follows: SW., Nassif Building, room PL–401, of U.S. registry. The required inspection will take about 2 work hours per Washington, DC. PART 39—AIRWORTHINESS airplane, at an average labor rate of $65 Contact Fokker Services B.V., P.O. DIRECTIVES Box 231, 2150 AE Nieuw-Vennep, the per work hour. Based on these figures, , for service information the estimated cost of the AD for the one I 1. The authority citation for part 39 identified in this AD. U.S. operator is $130. continues to read as follows: FOR FURTHER INFORMATION CONTACT: Tom Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. Rodriguez, Aerospace Engineer, Title 49 of the United States Code § 39.13 [Amended] International Branch, ANM–116, FAA, specifies the FAA’s authority to issue I 2. The Federal Aviation Transport Airplane Directorate, 1601 rules on aviation safety. Subtitle I, Administration (FAA) amends § 39.13 Lind Avenue, SW., Renton, Washington section 106, describes the authority of by adding the following new 98055–4056; telephone (425) 227–1137; the FAA Administrator. Subtitle VII, airworthiness directive (AD): fax (425) 227–1149. Aviation Programs, describes in more SUPPLEMENTARY INFORMATION: detail the scope of the Agency’s 2005–18–19 Fokker Services B.V.: Amendment 39–14259. Docket No. Examining the Docket authority. We are issuing this rulemaking under FAA–2005–21683; Directorate Identifier 2005–NM–021–AD. You may examine the airworthiness the authority described in subtitle VII, directive (AD) docket on the Internet at part A, subpart III, section 44701, Effective Date http://dms.dot.gov or in person at the ‘‘General requirements.’’ Under that (a) This AD becomes effective October 14, Docket Management Facility office section, Congress charges the FAA with 2005. between 9 a.m. and 5 p.m., Monday promoting safe flight of civil aircraft in Affected ADs through Friday, except Federal holidays. air commerce by prescribing regulations The Docket Management Facility office for practices, methods, and procedures (b) None. (telephone (800) 647–5227) is located on the Administrator finds necessary for Applicability the plaza level of the Nassif Building at safety in air commerce. This regulation (c) This AD applies to Fokker Model F27 the street address stated in the is within the scope of that authority Mark 200, 400, 500, and 600 airplanes, ADDRESSES section. because it addresses an unsafe condition certificated in any category; serial numbers Discussion that is likely to exist or develop on 10505 through 10591 inclusive; not equipped products identified in this rulemaking with inboard wing fuel tanks. The FAA issued a notice of proposed action. Unsafe Condition rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would Regulatory Findings (d) This AD was prompted by investigation of a recent accident, which found that the apply to certain Fokker Model F27 Mark We have determined that this AD will rotary knobs controlling the fuel tank 200, 400, 500, and 600 airplanes. That not have federalism implications under isolating valves had been in the shut NPRM was published in the Federal Executive Order 13132. This AD will position. We are issuing this AD to ensure Register on June 29, 2005 (70 FR 37291). not have a substantial direct effect on that the rotary knobs are not inadvertently That NPRM proposed to require a the States, on the relationship between moved to the shut position, which could general visual inspection of the rotary the national government and the States, result in fuel starvation to both engines and knobs for the fuel tank isolation valves or on the distribution of power and consequent inability to maintain controlled flight and landing. to determine if the seal wire has been responsibilities among the various installed correctly, and corrective levels of government. Compliance actions if necessary. For the reasons discussed above, I (e) You are responsible for having the Correction to Final Rule certify that this AD: actions required by this AD performed within (1) Is not a ‘‘significant regulatory the compliance times specified, unless the We have revised paragraph (h) of this action’’ under Executive Order 12866; actions have already been done. Final Rule to correct an incorrect part (2) Is not a ‘‘significant rule’’ under Inspection and Corrective Action if number. We have determined that the DOT Regulatory Policies and Procedures Applicable incorrect part number does not exist. (44 FR 11034, February 26, 1979); and (3) Will not have a significant (f) Within 3 months after the effective date Comments of this AD, do a general visual inspection of economic impact, positive or negative, the rotary knobs for the fuel tank isolation We provided the public the on a substantial number of small entities valves to determine if the seal wire is opportunity to participate in the under the criteria of the Regulatory installed correctly and do the corrective development of this AD. We received no Flexibility Act. action(s) as applicable, in accordance with comments on the NPRM or on the We prepared a regulatory evaluation the Accomplishment Instructions of Fokker determination of the cost to the public. of the estimated costs to comply with Service Bulletin F27/28–67, dated February

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23, 2004. Do the applicable corrective actions Issued in Renton, Washington, on August 11590; telephone (516) 256–7504; fax before further flight. 31, 2005. (516) 794–5531. Note 1: For the purposes of this AD, a Kalene C. Yanamura, SUPPLEMENTARY INFORMATION: general visual inspection is: ‘‘A visual Acting Manager, Transport Airplane examination of an interior or exterior area, Directorate, Aircraft Certification Service. Examining the Docket installation, or assembly to detect obvious [FR Doc. 05–17771 Filed 9–8–05; 8:45 am] damage, failure, or irregularity. This level of You may examine the airworthiness BILLING CODE 4910–13–P inspection is made from within touching directive (AD) docket on the Internet at distance unless otherwise specified. A mirror http://dms.dot.gov or in person at the may be necessary to ensure visual access to DEPARTMENT OF TRANSPORTATION Docket Management Facility office all surfaces in the inspection area. This level between 9 a.m. and 5 p.m., Monday of inspection is made under normally Federal Aviation Administration through Friday, except Federal holidays. available lighting conditions such as The Docket Management Facility office daylight, hangar lighting, flashlight, or droplight and may require removal or 14 CFR Part 39 (telephone (800) 647–5227) is located on opening of access panels or doors. Stands, the plaza level of the Nassif Building at [Docket No. FAA–2005–21435; Directorate the street address stated in the ladders, or platforms may be required to gain Identifier 2004–NM–163–AD; Amendment proximity to the area being checked.’’ 39–14257; AD 2005–18–17] ADDRESSES section. Credit for Alternative Method of Compliance RIN 2120–AA64 Discussion (g) Actions done before the effective date The FAA issued a notice of proposed Airworthiness Directives; Bombardier of this AD in accordance with Fokker Service rulemaking (NPRM) to amend 14 CFR Model DHC–8–400 Series Airplanes Bulletin F27/28–58, dated May 12, 1986, are part 39 to include an AD that would acceptable for compliance with the AGENCY: Federal Aviation apply to certain Bombardier Model requirements of paragraph (f) of this AD. Administration (FAA), Department of DHC–8–400 series airplanes. That Parts Installation Transportation (DOT). NPRM was published in the Federal (h) As of the effective date of this AD, no ACTION: Final rule. Register on June 14, 2005 (70 FR 34409). person may install a rotary knob having part That NPRM proposed to require a one- number E10632–3, 10632–10003, or P80–004 SUMMARY: The FAA is adopting a new time inspection of the fuel and on any airplane, unless the corrective actions airworthiness directive (AD) for certain hydraulic tubes, and corrective actions specified in paragraph (f) of this AD have Bombardier Model DHC–8–400 series if necessary. That NPRM also proposed been accomplished. airplanes. This AD requires a one-time to require modifying fairlead plate No Reporting Requirement inspection of the fuel and hydraulic assemblies. tubes, and corrective actions if (i) Although the service bulletin referenced Explanation of Change to Applicability in this AD specifies to submit certain necessary. This AD also requires information to the manufacturer, this AD modifying fairlead plate assemblies. We have revised the applicability of does not include that requirement. This AD results from reports of chafing the proposed AD to identify model between fuel and hydraulic tubes and Alternative Methods of Compliance designations as published in the most (AMOCs) the fairlead plate where the tubes pass recent type certificate data sheet for the through the firewall. We are issuing this affected models. (j) The Manager, International Branch, AD to prevent chafing of the fuel and ANM–116, Transport Airplane Directorate, hydraulic tubes, which could lead to Comments FAA, has the authority to approve AMOCs for this AD, if requested in accordance with fuel and/or hydraulic fluid leakage in We provided the public the the procedures found in 14 CFR 39.19. the engine nacelle area and consequent opportunity to participate in the fire or explosion. Related Information development of this AD. We received no DATES: This AD becomes effective comments on the NPRM or on the (k) Dutch airworthiness directive NL– October 14, 2005. determination of the cost to the public. 2004–037 R1, dated April 14, 2005, also The Director of the Federal Register addresses the subject of this AD. approved the incorporation by reference Conclusion Material Incorporated by Reference of a certain publication listed in the AD We have carefully reviewed the (l) You must use Fokker Service Bulletin as of October 14, 2005. available data and determined that air F27/28–67, dated February 23, 2004, to ADDRESSES: You may examine the AD safety and the public interest require perform the actions that are required by this docket on the Internet at http:// adopting the AD with the change AD, unless the AD specifies otherwise. The dms.dot.gov or in person at the Docket described previously. We have Director of the Federal Register approved the Management Facility, U.S. Department determined that this change will neither incorporation by reference of this document of Transportation, 400 Seventh Street in accordance with 5 U.S.C. 552(a) and 1 CFR increase the economic burden on any part 51. Contact Fokker Services B.V., P.O. SW., Nassif Building, room PL–401, operator nor increase the scope of the Box 231, 2150 AE Nieuw-Vennep, the Washington, DC. AD. Contact Bombardier, Inc., Bombardier Netherlands, for a copy of this service Costs of Compliance information. You may review copies at the Regional Aircraft Division, 123 Garratt Docket Management Facility, U.S. Boulevard, Downsview, Ontario M3K This AD will affect about 18 airplanes Department of Transportation, 400 Seventh 1Y5, Canada, for service information of U.S. registry. The actions will take Street, SW., room PL–401, Nassif Building, identified in this AD. about 4 work hours per airplane, at an Washington, DC; on the Internet at http:// FOR FURTHER INFORMATION CONTACT: average labor rate of $65 per work hour. dms.dot.gov; or at the National Archives and Records Administration (NARA). For Richard Fiesel, Aerospace Engineer, Required parts will cost about $200 per information on the availability of this Airframe and Propulsion Branch, ANE– airplane. Based on these figures, the material at the NARA, call (202) 741–6030, 171, FAA, New York Aircraft estimated cost of the AD for U.S. or go to http://www.archives.gov/federal- Certification Office, 1600 Stewart operators is $8,280, or $460 per register/cfr/ibr-locations.html. Avenue, suite 410, Westbury, New York airplane.

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Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. in accordance with the service bulletin at the applicable time specified in the service Title 49 of the United States Code § 39.13 [Amended] bulletin. specifies the FAA’s authority to issue I 2. The Federal Aviation Note 1: For the purposes of this AD, a rules on aviation safety. Subtitle I, Administration (FAA) amends § 39.13 general visual inspection is: ‘‘A visual Section 106, describes the authority of by adding the following new examination of an interior or exterior area, the FAA Administrator. Subtitle VII, airworthiness directive (AD): installation, or assembly to detect obvious Aviation Programs, describes in more damage, failure, or irregularity. This level of detail the scope of the Agency’s 2005–18–17 Bombardier, Inc. (Formerly de inspection is made from within touching authority. Havilland, Inc.): Amendment 39–14257. distance unless otherwise specified. A mirror We are issuing this rulemaking under Docket No. FAA–2005–21435; may be necessary to ensure visual access to Directorate Identifier 2004–NM–163–AD. the authority described in Subtitle VII, all surfaces in the inspection area. This level Effective Date of inspection is made under normally Part A, Subpart III, Section 44701, available lighting conditions such as ‘‘General requirements.’’ Under that (a) This AD becomes effective October 14, daylight, hangar lighting, flashlight, or section, Congress charges the FAA with 2005. droplight and may require removal or promoting safe flight of civil aircraft in Affected ADs opening of access panels or doors. Stands, air commerce by prescribing regulations ladders, or platforms may be required to gain (b) None. for practices, methods, and procedures proximity to the area being checked.’’ the Administrator finds necessary for Applicability (2) Modify the fairlead plate assemblies in safety in air commerce. This regulation (c) This AD applies to Bombardier Model accordance with the service bulletin. is within the scope of that authority DHC–8–400 series airplanes, serial numbers Note 2: Bombardier Service Bulletin 84– because it addresses an unsafe condition 4003 through 4089 inclusive, certificated in 54–09, Revision ‘‘B,’’ dated June 15, 2004, that is likely to exist or develop on any category. refers to GKN Aerospace Services Service products identified in this rulemaking Bulletin 1–71–20, dated April 7, 2004, as an Unsafe Condition additional source of service information for action. (d) This AD results from reports of chafing modifying the fairlead plate assemblies. The Regulatory Findings between fuel and hydraulic tubes and the GKN service bulletin is included in the fairlead plate where the tubes pass through Bombardier service bulletin. We have determined that this AD will the firewall. We are issuing this AD to not have federalism implications under prevent chafing of the fuel and hydraulic Actions Done According to Previous Issue of Executive Order 13132. This AD will tubes, which could lead to fuel and/or Service Bulletin not have a substantial direct effect on hydraulic fluid leakage in the engine nacelle (j) Actions done before the effective date of the States, on the relationship between area and consequent fire or explosion. this AD in accordance with Bombardier the national government and the States, Compliance Service Bulletin 84–54–09, dated January 23, or on the distribution of power and 2004; or Revision ‘‘A,’’ dated April 22, 2004; (e) You are responsible for having the are acceptable for compliance with the responsibilities among the various actions required by this AD performed within corresponding requirements of this AD. levels of government. the compliance times specified, unless the For the reasons discussed above, I actions have already been done. Parts Installation certify that this AD: Service Bulletin Reference (k) After the effective date of this AD, no (1) Is not a ‘‘significant regulatory person may install a plate, part number action’’ under Executive Order 12866; (f) The term ‘‘service bulletin,’’ as used in 85415048–107, 85415048–108, 85415087– (2) Is not a ‘‘significant rule’’ under this AD, means the Accomplishment 107, or 85415087–108, on any airplane. Instructions of Bombardier Service Bulletin DOT Regulatory Policies and Procedures 84–54–09, Revision ‘‘B,’’ dated June 15, 2004. Alternative Methods of Compliance (44 FR 11034, February 26, 1979); and (AMOCs) (3) Will not have a significant Inspection, Corrective Action, and Modification (l) The Manager, New York Aircraft economic impact, positive or negative, Certification Office, FAA, has the authority to on a substantial number of small entities (g) For airplanes on which Bombardier approve AMOCs for this AD, if requested in under the criteria of the Regulatory Systems Drawings (SYD) 84–28–002 and SYD accordance with the procedures found in 14 Flexibility Act. 84–29–006 have not been incorporated or on CFR 39.19. We prepared a regulatory evaluation which Modsum 4–184081 and Modsum 4– 184079 have not been incorporated: Within Related Information of the estimated costs to comply with 500 flight hours after the effective date of this (m) Canadian airworthiness directive CF– this AD and placed it in the AD docket. AD, do the actions specified in paragraph (i) 2004–07, dated April 14, 2004, also addresses See the ADDRESSES section for a location of this AD. the subject of this AD. to examine the regulatory evaluation. (h) For airplanes on which Bombardier SYD 84–28–002 and SYD 84–29–006 have Material Incorporated by Reference List of Subjects in 14 CFR Part 39 been incorporated or on which Modsum 4– (n) You must use Bombardier Service Air transportation, Aircraft, Aviation 184081 and Modsum 4–184079 have been Bulletin 84–54–09, Revision ‘‘B,’’ dated June safety, Incorporation by reference, incorporated: Within 4,000 flight hours after 15, 2004, to perform the actions that are Safety. the effective date of this AD, do the actions required by this AD, unless the AD specifies specified in paragraph (i) of this AD. otherwise. The Director of the Federal Adoption of the Amendment (i) For airplanes identified in paragraphs Register approved the incorporation by (g) and (h) of this AD at the times specified reference of this document in accordance I Accordingly, under the authority in paragraphs (g) and (h) of this AD, do the with 5 U.S.C. 552(a) and 1 CFR part 51. delegated to me by the Administrator, actions specified in paragraphs (i)(1) and Contact Bombardier, Inc., Bombardier the FAA amends 14 CFR part 39 as (i)(2) of this AD in accordance with the Regional Aircraft Division, 123 Garratt follows: service bulletin. Boulevard, Downsview, Ontario M3K 1Y5, (1) Do a general visual inspection of the Canada, for a copy of this service PART 39—AIRWORTHINESS fuel/hydraulic tubes for nicks, dents, chafing, information. You may review copies at the DIRECTIVES or damage. If any nick, dent, chafing, or Docket Management Facility, U.S. damage is found that is above the applicable Department of Transportation, 400 Seventh I 1. The authority citation for part 39 limit specified as ‘‘Acceptable’’ in the service Street SW., room PL–401, Nassif Building, continues to read as follows: bulletin: Do the applicable corrective action Washington, DC; on the Internet at http://

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dms.dot.gov; or at the National Archives and (1) Searching the Department of compliance date is the date that those Records Administration (NARA). For Transportation’s electronic Docket affected by a rule must begin to follow information on the availability of this Management System (DMS) Web page it. In the preamble to the amendments material at the NARA, call (202) 741–6030, (http://dms.dot.gov/search); adopted on August 4, 2005, the FAA or go to http://www.archives.gov/ (2) Visiting the FAA’s Regulations and found the amendments to be a federal_register/code_of_federal_regulations/ ibr_locations.html. Policy Web page at http://www.faa.gov/ reasonable and necessary exercise of our regulations_policy/; or rulemaking authority and obligations. Issued in Renton, Washington, on (3) Accessing the Government We now find that establishing a September 1, 2005. Printing Office’s Web page at http:// compliance date, by extension, also is a Ali Bahrami, www.gpoaccess.gov/fr/index.html. reasonable and necessary exercise of our Manager, Transport Airplane Directorate, You can also get a copy by sending a rulemaking authority and obligations. Aircraft Certification Service. request to the Federal Aviation [FR Doc. 05–17779 Filed 9–8–05; 8:45 am] Administration, Office of Rulemaking, Background BILLING CODE 4910–13–P ARM–1, 800 Independence Avenue On August 4, 2005, the FAA amended SW., Washington, DC 20591, or by its regulations to provide for issuance of calling (202) 267–9680. Make sure to a pilot type rating for SIC privileges DEPARTMENT OF TRANSPORTATION identify the amendment number or when a person completes the SIC pilot docket number of this rulemaking. familiarization training set forth under Federal Aviation Administration 14 CFR 61.55(b), an FAA-approved SIC Small Business Regulatory Enforcement training curriculum under 14 CFR parts Fairness Act 14 CFR Part 61 121 or 135, or a proficiency check under [Docket No. FAA–2004–19630; Amendment The Small Business Regulatory 14 CFR part 125. See 70 FR 45263. The No. 61–108] Enforcement Fairness Act (SBREFA) of amendments adopted on August 4, 1996 requires FAA to comply with 2005, are based on a notice of proposed RIN 2120–AI38 small entity requests for information or rulemaking (NPRM) published in the advice about compliance with statutes Second-in-Command Pilot Type Rating Federal Register on November 16, 2004. and regulations within its jurisdiction. See 69 FR 67258. AGENCY: Federal Aviation Therefore, any small entity that has a The amendments require pilots acting Administration (FAA), DOT. question regarding this document may as second in command and who plan to ACTION: Final rule; compliance date and contact their local FAA official, or the fly outside U.S. airspace and land in correction. person listed under FOR FURTHER foreign countries to obtain the SIC pilot INFORMATION CONTACT. You can find out type rating. The amendments also SUMMARY: The FAA is establishing a more about SBRFA on the Internet at establish two procedures for obtaining compliance date for the final rule our site, http://www.faa.gov/avr/arm/ the SIC pilot type rating. The effective published in the Federal Register on sbrefa.cfm. date of the amendments is September 6, August 4, 2005. The rule revised the Authority for This Action 2005. The effective date is the date the pilot certification regulations to amendments affect the current Code of establish a second-in-command (SIC) The Department of Transportation Federal Regulations (CFR). pilot type rating and associated (DOT) has the responsibility, under the Establishing a Compliance Date qualifying procedures. This action is laws of the United States, to develop necessary to give affected pilots time to transportation policies and programs Although we received two comments prepare and file the paperwork that contribute to providing fast, safe, on the November NPRM asking for 6 to necessary to obtain the SIC pilot type efficient, and convenient transportation 18 months for pilots to comply with the rating. We also are correcting the (49 U.S.C. 101). The Federal Aviation requirement to obtain a SIC pilot type amendment number of the final rule. Administration (FAA) is an agency of rating,1 the FAA believed that 30 days DOT. The Administrator of the FAA has DATES: Effective date: The final rule’s (by September 6, 2005) was sufficient effective date remains September 6, general authority to issue rules time. Additionally, the FAA has been 2005. regarding aviation safety (49 U.S.C. put on notice by several foreign civil Compliance date: Pilots acting as a 106(g) and 44701). When an individual aviation authorities that they intend to second in command and who will be is found to be qualified for, and begin enforcing the type-rating flying outside U.S. domestic airspace physically able to perform, certain requirement; thus we believe that the and landing in a foreign country must duties, including those associated with sooner the rule becomes effective and hold the appropriate SIC pilot type flying and navigating an aircraft, the U.S. pilots receive their SIC pilot type rating no later than June 6, 2006. FAA issues an airman certificate. The ratings, the sooner U.S. flight crews will airman certificate must specify the be able to operate internationally FOR FURTHER INFORMATION CONTACT: John capacity in which the holder of the unimpeded. D. Lynch, Certification Branch, AFS– certificate may serve with respect to an The Agency, however, has 840, General Aviation and Commercial aircraft (49 U.S.C. 44703). It is relevant reevaluated the time necessary for pilots Division, Flight Standards Service, to this rulemaking to also point out that, to comply with the amendments. Since Federal Aviation Administration, 800 in carrying out their duties, the Independence Avenue, SW., Secretary of Transportation and the 1 The National Air Carrier Association Washington, DC 20591; telephone (202) Administrator of the FAA must act recommended that the FAA provide a minimum of 267–3844 or via the Internet at: consistently with obligations of the six months from issuing the final rule to full [email protected]. implementation and revision of its ICAO difference United States Government under an because its member airlines need to provide time SUPPLEMENTARY INFORMATION: international agreement (49 U.S.C. for the initial processing of the several hundred 40105). thousand applications required for this SIC pilot Availability of Rulemaking Documents type rating. The representative of American Airlines This action establishes a compliance requested 18 months to complete the initial You can get an electronic copy of this date for the SIC pilot type rating and certification process for its initial 3,066 pilots that document using the Internet by: associated qualifying procedures. The are not currently type rated.

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the final rule was published, we have to do so. Under section 553(b)(3)(B), the Executive Order 12866 and DOT received information from the airlines requirements of notice and opportunity Regulatory Policies and Procedures and trade associations demonstrating for comment do not apply when the Executive Order 12866, Regulatory that it will not be possible to comply agency for good cause finds that those Planning and Review, directs the FAA with the rule by the effective date of procedures are ‘‘impracticable, to assess both the costs and benefits of September 6, 2005. The pilots who need unnecessary, or contrary to the public a regulatory change. We are not allowed the SIC pilot type rating have to prepare interest.’’ to propose or adopt a regulation unless and file the necessary paperwork, and In this case, the FAA finds that notice we make a reasoned determination that the FAA and its designees need time to and public comment are unnecessary the benefits of the intended regulation process the forms and issue the ratings. and contrary to the public interest. This justify its costs. Our assessment of this In spite of general agreement that the action establishes a compliance date for proposal indicates that its economic rule is needed, it simply is physically the amendments adopted on August 4, impact is minimal. Since its costs and impossible for everyone to comply by 2005. We adopted those amendments benefits do not make it a ‘‘significant September 6, 2005. This is particularly using the public notice and comment regulatory action’’ as defined in the true of the major airlines, which employ procedure. That the public had ample Order, we have not prepared a thousands of pilots. notice and opportunity to comment is The FAA, therefore, has reconsidered ‘‘regulatory impact analysis.’’ Similarly, the position we originally took in indisputable since we received we have not prepared a ‘‘regulatory responding to the comments on the comments on the issue of when affected evaluation,’’ which is the written cost/ November NPRM. We believe it will pilots would have to comply. As a benefit analysis ordinarily required for benefit no one to place a potentially result, we find that another round of all rulemaking proposals under the DOT large number of pilots in technical public notice and comment is Regulatory and Policies and Procedures. noncompliance with the regulations. unnecessary. Additional public notice We do not need to do the latter analysis The airlines have a duty to comply with and comment is also contrary to the where the economic impact of a the regulations. They could not, in good public interest since it would delay proposal is minimal. establishment of a compliance date, faith, assign a pilot to an international Regulatory Flexibility Act flight knowing that the pilot did not which could result in pilots not possess a required type rating. This obtaining the necessary pilot type rating The Regulatory Flexibility Act (RFA) situation could result in disruption of in a timely manner. This, in turn, could of 1980, 5 U.S.C. 601–612, directs the international freight and passenger disrupt international freight and FAA to fit regulatory requirements to service. passenger service. the scale of the business, organizations, and governmental jurisdictions subject For this reason, we are establishing a International Compatibility compliance date for the August to the regulation. We are required to amendments. The compliance date is In keeping with U.S. obligations determine whether a proposed or final June 6, 2006. A compliance date, in under the Convention on International action will have a ‘‘significant economic contrast to an effective date, is the date Civil Aviation, it is FAA policy to impact on a substantial number of small that those affected by the rule must comply with International Civil entities’’ as defined in the Act. If we begin to follow it. Thus, pilots acting as Aviation Organization (ICAO) Standards find that the action will have a a second in command and who will be and Recommended Practices to the significant impact, we must do a flying outside U.S. domestic airspace maximum extent practicable. The FAA ‘‘regulatory flexibility analysis.’’ and landing in a foreign country must has reviewed the corresponding ICAO This action establishes a compliance hold the appropriate SIC pilot type Standards and Recommended Practices date for the amendments adopted on rating no later than June 6, 2006. This and has identified no differences with August 4, 2005. Its economic impact, period of nine additional months should these proposed regulations. beyond that of the amendments adopted be sufficient to enable affected pilots to on August 4, 2005, is minimal. obtain the SIC pilot type rating. This is Paperwork Reduction Act Therefore, we certify that this action will not have a significant economic particularly true in light of the fact that As required by the Paperwork the August amendments incorporate impact on a substantial number of small Reduction Act of 1995, 44 U.S.C. entities. several changes to what was originally 3507(d), the FAA submitted a copy of proposed that streamline the processes. the amended information collection Trade Impact Assessment As we stated in our response to the requirements in the August 4, 2005, comments on this issue, it is important The Trade Agreement Act of 1979 final rule to the Office of Management for the August amendments to take prohibits Federal agencies from and Budget for its review. OMB effect as soon as possible. Those engaging in any standards or related approved the collection of this amendments put in place the procedure activities that create unnecessary information and assigned OMB Control that pilots will follow to obtain the SIC obstacles to the foreign commerce of the Number 2120–0693. pilot type rating. It would serve no United States. Legitimate domestic purpose to delay the effective date of the This action establishes a compliance objectives, such as safety, are not rule. For this reason, the effective date date for the amendments adopted on considered unnecessary obstacles. The of the rule is unaffected by this action August 4, 2005, which requires pilots statute also requires consideration of and remains September 6, 2005. who need to obtain an SIC rating to use international standards and where the existing Airman Certificate and/or appropriate, that they be the basis for Good Cause for Foregoing Public Notice Rating Application, FAA Form 8710–1. U.S. standards. In addition, consistent and Comment An agency may not collect or sponsor with the Administration’s belief in the Section 553(b)(3)(B) of the the collection of information, nor may it general superiority and desirability of Administrative Procedures Act, 5 U.S.C. impose an information collection free trade, it is the policy of the 553(b)(3)(B), authorizes agencies to requirement unless it displays a Administration to remove or diminish dispense with certain notice procedures currently valid Office of Management to the extent feasible, barriers to for rules when they find ‘‘good cause’’ and Budget (OMB) control number. international trade, including both

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barriers affecting the export of American Regulations That Significantly Affect History goods and services to foreign countries Energy Supply, Distribution, or Use Federal Register Document 2005– and barriers affecting the import of The FAA has analyzed this final rule 21873, published on Friday July 29, foreign goods and services into the under Executive Order 13211, Actions 2005 (70 FR 43742), modified Class D United States. Concerning Regulations that and Class E Airspace at Salina In accordance with the above statute Significantly Affect Energy Supply, Municipal Airport, KS. The phrase and policy, the FAA has assessed the Distribution, or Use (66 FR 28355, May ‘‘This Class D airspace area is effective potential effect of this final rule and has 18, 2001). We have determined that it is during the specific dates and times determined that it will impose the same not a ‘‘significant energy action’’ under established in advance by a Notice to costs on domestic and international the executive order because it is not a Airmen. The effective date and time will entities and, thus, has a neutral trade ‘‘significant regulatory action’’ under thereafter be continuously published in impact. Executive Order 12866, and it is not the Airport/Facility Directory,’’ was likely to have a significant adverse effect incorrectly deleted from the legal Unfunded Mandates Reform Act on the supply, distribution, or use of description of Class D airspace. This energy. action corrects that error. The Unfunded Mandates Reform Act Accordingly, pursuant to the of 1995 (the Act), enacted as Pub. L. Correction authority delegated to me, the error in 104–4 on March 22, 1995, is intended, the legal description of Class D among other things, to curb the practice Under the final rule, FR Doc. 05– 15376, published on August 4, 2005 (70 Airspace, Topeka, Forbes Field, KS as of imposing unfunded Federal mandates FR 45263), make the following published in the Federal Register on State, local, and tribal governments. correction: Friday July 29, 2005 (70 FR 43742), (FR Title II of the Act requires each Federal Doc. 2005–21873), is corrected as agency to prepare a written statement 1. On page 45264, in column 1 in the heading section, beginning on line 4, follows: assessing the effects of any Federal On page 43743, Column 1, under mandate in a proposed or final agency correct ‘‘Amendment No. 05–113’’ to read ‘‘Amendment No. 61–113’’. SUMMARY, delete the following rule that may result in a $100 million or sentences: ‘‘This action also removes more expenditure (adjusted annually for Issued in Washington, DC on September 2, references to effective dates and times inflation) in any one year by State, local, 2005. established in advance by a Notice to and tribal governments, in the aggregate, Marion C. Blakey, Airmen from the legal descriptions for or by the private sector; such a mandate Administrator. Class D airspace. The effective dates and is deemed to be a ‘‘significant regulatory [FR Doc. 05–17896 Filed 9–6–05; 11:26 am] times are now continuously published action.’’ The FAA currently uses an BILLING CODE 4910–13–P in the Airport/Facility Directory’’. inflation-adjusted value of $120.7 million in lieu of $100 million. PART 71—[CORRECTED] DEPARTMENT OF TRANSPORTATION This final rule does not contain such § 71.1 [Corrected] a mandate. Therefore, the requirements Federal Aviation Administration I On page 43744, Column 1, at the end of Title II of the Unfunded Mandates of the legal description of ACE KS D Reform Act of 1995 do not apply. 14 CFR Part 71 Salina KS, add the phrase ‘‘This Class Executive Order 13132, Federalism D airspace area is effective during the [Docket No. FAA–2005–21873; Airspace specific dates and times established in The FAA has analyzed this final rule Docket No. 05–ACE–27] advance by a Notice to Airmen.The under the principles and criteria of effective date and time will thereafter be Executive Order 13132, Federalism. We Modification of Class D and Class E continuously published in the Airport/ determined that this action will not Airspace; Salina Municipal Airport, KS Facility Directory.’’ have a substantial direct effect on the AGENCY: Federal Aviation Issued in Kansas City, MO, on August 24, States, or the relationship between the Administration (FAA), DOT. 2005. national Government and the States, or Elizabeth S. Wallis, ACTION: Direct final rule; request for on the distribution of power and Acting Area Director, Western Flight Services responsibilities among the various comments; correction. Operations. levels of government. Therefore, we [FR Doc. 05–17834 Filed 9–8–05; 8:45 am] SUMMARY: This action corrects an error have determined that this final rule does in the legal description of Class D BILLING CODE 4910–13–M not have federalism implications. airspace in a direct final rule, request for Environmental Analysis comments that was published in the Federal Register on Friday July 29, 2005 DEPARTMENT OF HOMELAND FAA Order 1050.1E identifies FAA (70 FR 43742). SECURITY actions that are categorically excluded DATES: This direct final rule is effective from preparation of an environmental Coast Guard on 0901 UTC, October 27, 2005. assessment or environmental impact statement under the National FOR FURTHER INFORMATION CONTACT: 33 CFR Part 165 Environmental Policy Act in the Brenda Mumper, Air Traffic Division, [CGD01–05–027] absence of extraordinary circumstances. Airspace Branch, ACE–520A, DOT The FAA has determined this proposed Regional Headquarters Building, Federal RIN 1625–AA00 rulemaking action qualifies for the Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone: Safety Zone; New York Super Boat categorical exclusion identified in Race, Hudson River, NY paragraph 307k and involves no (816) 329–2524. extraordinary circumstances. SUPPLEMENTARY INFORMATION: AGENCY: Coast Guard, DHS.

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ACTION: Temporary final rule. been made to the proposed rule as intending to transit or anchor in a published. portion of the Hudson River from 10 SUMMARY: The Coast Guard is a.m. to 4 p.m. on September 10, 2005. Regulatory Evaluation temporarily altering the effective period This rule does not have a significant of the safety zone defined in 33 CFR This rule is not a ‘‘significant economic impact on a substantial 165.162 for the annual New York Super regulatory action’’ under section 3(f) of number of small entities for the reasons Boat Race. This temporary rule changes Executive Order 12866, Regulatory stated in the Regulatory Evaluation the effective date for this safety zone Planning and Review, and does not section above. from Sunday, September 11, 2005 to require an assessment of potential costs Saturday, September 10, 2005. This and benefits under section 6(a)(3) of that Assistance for Small Entities action is required to protect life on Order. The Office of Management and Under section 213(a) of the Small navigable waters during the event. Budget has not reviewed it under that Business Regulatory Enforcement DATES: This rule is effective from 10 Order. It is not ‘‘significant’’ under the Fairness Act of 1996 (Pub. L. 104–121), a.m. to 4 p.m. on September 10, 2005. regulatory policies and procedures of we offered to assist small entities in the Department of Homeland Security ADDRESSES: Comments and material understanding the rule so that they received from the public, as well as (DHS). could better evaluate its effects on them The Coast Guard expects the documents indicated in this preamble as and participate in the rulemaking economic impact of this rule to be so being available in the docket, are part of process. minimal that a full Regulatory docket CGD01–05–027 and are available Small businesses may send comments evaluation under paragraph 10e of the for inspection or copying at the on the actions of Federal employees regulatory policies and procedures of Waterways Management Division, Coast who enforce, or otherwise determine DHS is unnecessary. Although this compliance with, Federal regulations to Guard Sector New York, 212 Coast regulation prevents traffic from Guard Drive, Staten Island, NY 10305 the Small Business and Agriculture transiting a portion of the Lower Regulatory Enforcement Ombudsman between 8 a.m. and 3 p.m., Monday Hudson River during the race, the effect through Friday, except Federal holidays. and the Regional Small Business of this regulation will not be significant Regulatory Fairness Boards. The FOR FURTHER INFORMATION CONTACT: for several reasons: It is an annual event Ombudsman evaluates these actions Commander B. Willis, Waterways with local support, the volume of annually and rates each agency’s Management Division, Coast Guard commercial vessel traffic transiting the responsiveness to small business. If you Sector New York at (718) 354–4220. Lower Hudson River on a Saturday is wish to comment on actions by SUPPLEMENTARY INFORMATION: similar to that on a Sunday and less employees of the Coast Guard, call 1– than half of the normal weekday traffic Regulatory Information 888–REG–FAIR (1–888–734–3247). volume; pleasure craft desiring to view On July 29, 2005, we published a the event will be directed to designated Collection of Information notice of proposed rulemaking (NPRM) spectator viewing areas outside the This rule calls for no new collection entitled Safety Zone; New York Super safety zone; pleasure craft can take an of information under the Paperwork Boat Race, Hudson River, New York in alternate route through the East River Reduction Act of 1995 (44 U.S.C. 3501– the Federal Register (70 FR 43815). We and the Harlem River; the duration of 3520). received no comments on the proposed the event is limited to six hours; rule. No public meeting was requested, extensive advisories will be made to the Federalism and none was held. affected maritime community by Local A rule has implications for federalism Under 5 U.S.C. 553(d)(3), the Coast Notice to Mariners, Safety Voice under Executive Order 13132, Guard finds that good cause exists for Broadcast, and facsimile notification. Federalism, if it has a substantial direct making this rule effective less than 30 Additionally, commercial ferry traffic effect on State or local governments and days after publication in the Federal will be authorized to transit around the would either preempt State law or Register. If this rule were made effective perimeter of the safety zone for their impose a substantial direct cost of 30 days after publication, then this rule scheduled operations at the direction of compliance on them. We have analyzed would be void because it would become the Patrol Commander. this rule under that Order and have effective after the date of the event. determined that it does not have Small Entities implications for federalism. Background and Purpose Under the Regulatory Flexibility Act The Coast Guard received the annual (5 U.S.C. 601–612), we have considered Unfunded Mandates Reform Act application to hold the New York Super whether this rule would have a The Unfunded Mandates Reform Act Boat Race on the waters of the Hudson significant economic impact on a of 1995 (2 U.S.C. 1531–1538) requires River. With this application, the event substantial number of small entities. Federal agencies to assess the effects of sponsor requested that the event be The term ‘‘small entities’’ comprises their discretionary regulatory actions. In permitted to take place on Saturday, small businesses, not-for-profit particular, the Act addresses actions September 10, 2005 rather than the organizations that are independently that may result in the expenditure by a usual Sunday following Labor Day, owned and operated and are not State, local, or tribal government, in the which falls on September 11, 2005. The dominant in their fields, and aggregate, or by the private sector of temporary deviation from the governmental jurisdictions with $100,000,000 or more in any one year. permanent regulation was requested to populations of less than 50,000. Though this rule will not result in such avoid interfering with the events The Coast Guard certifies under 5 an expenditure, we do discuss the scheduled in the area associated with U.S.C. 605(b) that this rule will not have effects of this rule elsewhere in this the observance of 9–11. a significant economic impact on a preamble. substantial number of small entities. Discussion of Comments and Changes This rule affects the following entities, Taking of Private Property We received no letters commenting on some of which might be small entities: This rule will not effect a taking of the proposed rule and no changes have the owners or operators of vessels private property or otherwise have

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taking implications under Executive procedures; and related management ENVIRONMENTAL PROTECTION Order 12630, Governmental Actions and systems practices) that are developed or AGENCY Interference with Constitutionally adopted by voluntary consensus Protected Property Rights. standards bodies. 40 CFR Part 52 Civil Justice Reform This rule does not use technical standards. Therefore, we did not [AS123–NBK; FRL–7955–6] This rule meets applicable standards consider the use of voluntary consensus in sections 3(a) and 3(b)(2) of Executive standards. Revisions to the Territory of American Order 12988, Civil Justice Reform, to Samoa State Implementation Plan, minimize litigation, eliminate Environment Update to Materials Incorporated by ambiguity, and reduce burden. Reference We have analyzed this rule under Protection of Children Commandant Instruction M16475.lD, AGENCY: Environmental Protection We have analyzed this rule under which guides the Coast Guard in Agency (EPA). Executive Order 13045, Protection of complying with the National ACTION: Final rule; notice of Children from Environmental Health Environmental Policy Act of 1969 administrative change. Risks and Safety Risks. This rule is not (NEPA) (42 U.S.C. 4321–4370f), and an economically significant rule and have concluded that there are no factors SUMMARY: EPA is updating the materials in this case that would limit the use of does not create an environmental risk to submitted by the Territory of American a categorical exclusion under section health or risk to safety that may Samoa that are incorporated by 2.B.2 of the Instruction. Therefore, this disproportionately affect children. reference (IBR) into the Territory of rule is categorically excluded, under American Samoa State Implementation Indian Tribal Governments figure 2–1, paragraph (34)(g), of the Plan (SIP). The regulations affected by This rule does not have tribal Instruction, from further environmental this update have been previously implications under Executive Order documentation. A final ‘‘Environmental submitted by the territorial agency and 13175, Consultation and Coordination Analysis Check List’’ and a final approved by EPA. This update affects with Indian Tribal Governments, ‘‘Categorical Exclusion Determination’’ the SIP materials that are available for because it does not have a substantial are available in the docket where public inspection at the Office of the direct effect on one or more Indian indicated under ADDRESSES. tribes, on the relationship between the Federal Register (OFR), Office of Air and Federal Government and Indian tribes, List of Subjects in 33 CFR Part 165 Radiation Docket and Information, and the Regional Office. or on the distribution of power and Harbors, Marine safety, Navigation responsibilities between the Federal (water), Reporting and recordkeeping DATES: Effective Date: This rule is Government and Indian tribes. requirements, Security measures, effective on September 9, 2005. Energy Effects Waterways. ADDRESSES: SIP materials that are incorporated by reference into 40 CFR We have analyzed this rule under I For the reasons discussed in the part 52 are available for inspection at Executive Order 13211, Actions preamble, the Coast Guard temporarily the following locations and online at Concerning Regulations That amends 33 CFR part 165 as follows: EPA Region IX’s Web site: Significantly Affect Energy Supply, Distribution, or Use. We have PART 165—REGULATED NAVIGATION Air Division, Environmental Protection determined that it is not a ‘‘significant AREAS AND LIMITED ACCESS AREAS Agency, Region IX, 75 Hawthorne energy action’’ under that order because Street, San Francisco, CA 94105– it is not a ‘‘significant regulatory action’’ I 1. The authority citation for part 165 3901. under Executive Order 12866 and is not continues to read as follows: Air and Radiation Docket and likely to have a significant adverse effect Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Information Center, U.S. on the supply, distribution, or use of Chapter 701; 50 U.S.C. 191; 195; 33 CFR Environmental Protection Agency, energy. The Administrator of the Office 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. Room B–102, 1301 Constitution of Information and Regulatory Affairs 107–295, 116 Stat 2064; Department of Avenue, NW., (Mail Code 6102T), has not designated it as a significant Homeland Security Delegation No. 0170.1. Washington, DC 20460. energy action. Therefore, it does not Office of the Federal Register, 800 North I require a Statement of Energy Effects 2. From 10 a.m. to 4 p.m. on Capitol Street, NW., Suite 700, under Executive Order 13211. September 10, 2005, suspend Washington, DC. § 165.162(c) and add § 165.162(d) to Technical Standards read as follows: FOR FURTHER INFORMATION CONTACT: Julie The National Technology Transfer A. Rose, EPA Region IX, (415) 947– and Advancement Act (NTTAA) (15 § 165.162 Safety Zone; New York Super 4126, [email protected]. Boat Race, Hudson River, New York. U.S.C. 272 note) directs agencies to use SUPPLEMENTARY INFORMATION: voluntary consensus standards in their * * * * * Table of Contents regulatory activities unless the agency (d) Effective Period. This section is in provides Congress, through the Office of effect from 10 a.m. until 4 p.m. on I. Background Management and Budget, with an Saturday, September 10, 2005. A. State Implementation Plan History and explanation of why using these Process standards would be inconsistent with Dated: August 29, 2005. B. Content of Revised IBR Document Glenn A. Wiltshire, C. Revised Format of the ‘‘Identification of applicable law or otherwise impractical. Plan’’ Section in Subpart DDD Captain, U.S. Coast Guard, Captain of the Voluntary consensus standards are D. Enforceability and Legal Effect Port, New York. technical standards (e.g., specifications E. Notice of Administrative Change of materials, performance, design, or [FR Doc. 05–17832 Filed 9–8–05; 8:45 am] II. Public Comments operation; test methods; sampling BILLING CODE 4910–15–P III. Statutory and Executive Order Reviews

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I. Background regulations submitted by each State occurred are accurately reflected in 40 agency. These regulations have all been CFR part 52. State SIP revisions are A. State Implementation Plan History approved by EPA through previous rule controlled by EPA regulations at 40 CFR and Process making actions in the Federal Register. part 51. When EPA receives a formal SIP Each State is required to have a SIP The compilations are stored in hard revision request, the Agency must that contains the control measures and covered folders and will be updated, publish the proposed revision in the strategies that will be used to attain and usually on an annual basis. Federal Register and provide for public maintain the national ambient air Each compilation contains two parts. comment before approval. quality standards (NAAQS). The control Part 1 contains the regulations and Part measures and strategies must be 2 contains nonregulatory provisions that II. Public Comments formally adopted by each State after the have been EPA-approved. Each part EPA has determined that today’s rule public has had an opportunity to consists of a table of identifying falls under the ‘‘good cause’’ exemption comment on them. They are then information for each regulation and in section 553(b)(3)(B) of the submitted to EPA as SIP revisions on each nonregulatory provision. The table Administrative Procedures Act (APA) which EPA must formally act. of identifying information corresponds that, upon finding ‘‘good cause,’’ Once these control measures are to the table of contents published in 40 authorizes agencies to dispense with approved by EPA after notice and CFR part 52 for each State and Territory. public participation; and section comment, they are incorporated into the The Regional EPA Offices have the 553(d)(3), which allows an agency to SIP and are identified in Part 52, primary responsibility for ensuring make a rule effective immediately Approval and Promulgation of accuracy and updating the (thereby avoiding the 30-day delayed Implementation Plans, Title 40 of the compilations. The Region IX EPA Office effective date otherwise provided for in Code of Federal Regulations (40 CFR developed and will maintain the the APA). Today’s rule simply codifies part 52). The actual State regulations compilation for the Territory of provisions that are already in effect as that are approved by EPA are not American Samoa. A copy of the full text a matter of law in Federal and approved reproduced in their entirety in 40 CFR of each State’s current compilation will State programs. Under section 553 of the part 52, but are ‘‘incorporated by also be maintained at the Office of the APA, an agency may find good cause reference,’’ which means that the Federal Register and EPA’s Air Docket where procedures are ‘‘impractical, citation of a given State regulation with and Information Center. unnecessary, or contrary to the public a specific effective date has been interest.’’ Public comment is C. Revised Format of the ‘‘Identification approved by EPA. This format allows ‘‘unnecessary’’ and ‘‘contrary to the of Plan’’ Section in Subpart DDD both EPA and the public to know which public interest’’ since the codification measures are contained in a given SIP In order to better serve the public, only reflects existing law. Immediate and ensures that the State is enforcing EPA is revising the organization of the notice in the CFR benefits the public by the regulations. It also allows EPA and ‘‘Identification of plan’’ section to removing outdated citations. the public to take enforcement action include additional information that will should a State not enforce its SIP- make it clearer as to what provisions III. Statutory and Executive Order approved regulations. constitute the enforceable elements of Reviews The SIP is a living document that the the SIP. A. General Requirements State can revise as necessary to address The revised ‘‘Identification of plan’’ the unique air pollution problems in the section will contain five subsections: (a) Under Executive Order 12866 (58 FR State. From time to time, therefore, EPA Purpose and scope, (b) Incorporation by 51735, October 4, 1993), this action is must take action on SIP revisions reference, (c) EPA approved regulations, not a ‘‘significant regulatory action’’ and containing new and/or revised (d) EPA approved source specific is therefore not subject to review by the regulations as being part of the SIP. On permits, and (e) EPA approved Office of Management and Budget. This May 22, 1997 (62 FR 27968), as a result nonregulatory provisions such as rule is not subject to Executive Order of consultations between EPA and OFR, transportation control measures, 13211, ‘‘Actions Concerning Regulations EPA revised the procedures for statutory provisions, control strategies, That Significantly Affect Energy Supply, incorporating by reference federally- monitoring networks, etc. Distribution, or Use’’ (66 FR 28355, May approved SIPs. EPA began the process 22, 2001) because it is not a significant of developing (1) a revised SIP D. Enforceability and Legal Effect regulatory action under Executive Order document for each State that would be All revisions to the applicable SIP 12866. Because the agency has made a incorporated by reference under the become federally enforceable as of the ‘‘good cause’’ finding that this action is provisions of 1 CFR part 51; (2) a effective date of the revisions to not subject to notice-and-comment revised mechanism for announcing EPA paragraph (c), (d), or (e) of the requirements under the Administrative approval of revisions to an applicable applicable ‘‘Identification of plan’’ Procedure Act or any other statute as SIP and updating both the IBR found in each subpart of 40 CFR part 52. indicated in the Supplementary document and the CFR, and (3) a To facilitate enforcement of previously Information section above, it is not revised format of the ‘‘Identification of approved SIP provisions and provide a subject to the regulatory flexibility plan’’ sections for each applicable smooth transition to the new SIP provisions of the Regulatory Flexibility subpart to reflect these revised IBR processing system, EPA is retaining the Act (5 U.S.C 601 et seq.), or to sections procedures. The description of the original ‘‘Identification of plan’’ section, 202 and 205 of the Unfunded Mandates revised SIP document, IBR procedures, previously appearing in the CFR as the Reform Act of 1995 (UMRA) (Pub. L. and ‘‘Identification of plan’’ format are first section of part 52 for subpart DDD, 104–4). In addition, this action does not discussed in further detail in the May American Samoa. significantly or uniquely affect small 22, 1997, Federal Register document. governments or impose a significant E. Notice of Administrative Change intergovernmental mandate, as B. Content of Revised IBR Document Today’s rule constitutes a described in sections 203 and 204 of The new SIP compilations contain the ‘‘housekeeping’’ exercise to ensure that UMRA. This rule also does not have a Federally-approved portion of all revisions to State programs that have substantial direct effect on one or more

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Indian tribes, on the relationship makes a good cause finding that notice paragraph (a) are revised to read as between the Federal Government and and public procedure is impracticable, follows: Indian tribes, or on the distribution of unnecessary or contrary to the public power and responsibilities between the interest. Today’s action simply codifies § 52.2823 Original identification of plan. Federal Government and Indian tribes, provisions which are already in effect as (a) This section identified the original as specified by Executive Order 13175 a matter of law in Federal and approved ‘‘Implementation Plan for Compliance (65 FR 67249, November 9, 2000), nor State programs. 5 U.S.C. 808(2). As With the Ambient Air Quality Standards will it have substantial direct effects on stated previously, EPA has made such a for the Territory of American Samoa’’ the States, on the relationship between good cause finding, including the and all revisions submitted by the the National Government and the States, reasons therefore, and established an Territory of American Samoa that were or on the distribution of power and effective September 9, 2005. EPA will federally approved prior to June 1, 2005. responsibilities among the various submit a report containing this rule and * * * * * levels of government, as specified in other required information to the U.S. I 3. A new § 52.2820 is added to read Executive Order 13132 (64 FR 43255, Senate, the U.S. House of as follows: August 10, 1999). This rule also is not Representatives, and the Comptroller subject to Executive Order 13045 (62 FR General of the United States prior to § 52.2820 Identification of plan. 19885, April 23, 1997), because it is not publication of the rule in the Federal (a) Purpose and scope. This section economically significant. This rule does Register. These corrections to the sets forth the applicable State not involve technical standards; thus ‘‘Identification of plan’’ for the Territory implementation plan for American the requirements of section 12(d) of the of American Samoa are not a ‘‘major Samoa under section 110 of the Clean National Technology Transfer and rule’’ as defined by 5 U.S.C. 804(2). Air Act, 42 U.S.C. 7401–7671q and 40 Advancement Act of 1995 (15 U.S.C. C. Petitions for Judicial Review CFR part 51 to meet national ambient air 272 note) do not apply. The rule also quality standards. does not involve special consideration EPA has also determined that the (b) Incorporation by reference. of environmental justice related issues provisions of section 307(b)(1) of the as required by Executive Order 12898 Clean Air Act pertaining to petitions for (1) Material listed in paragraphs (c) (59 FR 7629, February 16, 1994). In judicial review are not applicable to this and (d) of this section with an EPA issuing this rule, EPA has taken the action. Prior EPA rulemaking actions for approval date prior to June 1, 2005, was necessary steps to eliminate drafting each individual component of the approved for incorporation by reference errors and ambiguity, minimize Territory of American Samoa SIP by the Director of the Federal Register potential litigation, and provide a clear compilation had previously afforded in accordance with 5 U.S.C. 552(a) and legal standard for affected conduct, as interested parties the opportunity to file 1 CFR part 51. Material is incorporated required by section 3 of Executive Order a petition for judicial review in the as it exists on the date of the approval, 12988 (61 FR 4729, February 7, 1996). United States Court of Appeals for the and notice of any change in the material EPA has complied with Executive Order appropriate circuit within 60 days of will be published in the Federal 12630 (53 FR 8859, March 15, 1998) by such rulemaking action. Thus, EPA sees Register. Entries in paragraphs (c) and examining the takings implications of no need in this action to reopen the 60- (d) of this section with EPA approval the rule in accordance with the day period for filing such petitions for dates after June 1, 2005, will be ‘‘Attorney General’s Supplemental judicial review for these ‘‘Identification incorporated by reference in the next Guidelines for the Evaluation of Risk of plan’’ reorganization actions for the update to the SIP compilation. and Avoidance of Unanticipated Territory of American Samoa. (2) EPA Region IX certifies that the Takings’’ issued under the executive rules/regulations provided by EPA in List of Subjects in 40 CFR Part 52 order. This rule does not impose an the SIP compilation at the addresses in information collection burden under the Environmental protection, Air paragraph (b)(3) of this section are an Paperwork Reduction Act of 1995 (44 pollution control, Carbon monoxide, exact duplicate of the officially U.S.C. 3501 et seq.). EPA’s compliance Incorporation by reference, promulgated State rules/regulations with these statutes and Executive Intergovernmental relations, Particulate which have been approved as part of the Orders for the underlying rules are matter, Reporting and recordkeeping State implementation plan as of June 1, discussed in previous actions taken on requirements, Sulfur oxides. 2005. (3) Copies of the materials the State’s rules. Dated: August 2, 2005. incorporated by reference may be B. Submission to Congress and the Keith Takata, inspected at the Region IX EPA Office Comptroller General Acting Regional Administrator, Region IX. at 75 Hawthorne Street, San Francisco, The Congressional Review Act (5 I Part 52, chapter I, title 40 of the Code CA 94105; the Air and Radiation Docket U.S.C. 801 et seq.), as added by the of Federal Regulations is amended as and Information Center, U.S. Small Business Regulatory Enforcement follows: Environmental Protection Agency, 1301 Fairness Act of 1996, generally provides Constitution Avenue, NW., Room B108, that before a rule may take effect, the PART 52—[AMENDED] Washington, DC; or the National agency promulgating the rule must I 1. The authority citation for Part 52 Archives and Records Administration submit a rule report, which includes a continues to read as follows: (NARA). For information on the copy of the rule, to each House of the availability of this material at NARA, Authority: 42 U.S.C. 7401 et seq. Congress and to the Comptroller General call (202) 741–6030, or go to: http:// _ of the United States. Section 808 allows Subpart DDD—American Samoa www.archives.gov/federal register/ the issuing agency to make a rule code_of_federal_regulations/ effective sooner than otherwise I 2. Section 52.2820 is redesignated as ibr_locations.html. provided by the CRA if the agency § 52.2823 and the Section heading and (c) EPA approved regulations.

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TABLE 52.2820.—EPA APPROVED TERRITORY OF AMERICAN SAMOA REGULATIONS

Effective State citation Title/subject date EPA approval date Explanation

Air Pollution Control Rules and Regula- tions Section 1.0 ...... Definitions (1.0.1—1.0.18) ...... 06/08/1972 03/02/1976, 41 FR 8956 Section 1.1 ...... Approval of New Sources: Permit to Operate 06/08/1972 03/02/1976, 41 FR 8956 (1.1.1—1.1.14). Section 1.2 ...... Source Monitoring, Record Keeping, and Re- 06/08/1972 03/02/1976, 41 FR 8956 porting (1.2.1—1.2.2). Section 1.3 ...... Sampling and Testing Methods (1.3.1–1.3.2) ... 06/08/1972 03/02/1976, 41 FR 8956 Section 1.4...... Malfunction of Equipment; Reporting (1.4.1– 06/08/1972 03/02/1976, 41 FR 8956 1.4.2). Section 1.5 ...... Prohibition of Air Pollution ...... 06/08/1972 03/02/1976, 41 FR 8956 Section 1.6 ...... Compliance Schedule (1.6.1, Existing Sources) 06/08/1972 03/02/1976, 41 FR 8956 Section 1.7 ...... Circumvention ...... 06/08/1972 03/02/1976, 41 FR 8956 Section 1.8 ...... Severability ...... 06/08/1972 03/02/1976, 41 FR 8956 Section 1.9 ...... Ambient Air Quality Standards (1.9.1–1.9.2) ..... 06/08/1972 03/02/1976, 41 FR 8956 Section 2.1 ...... Control of Open Burning ...... 06/08/1972 03/02/1976, 41 FR 8956 Control of Particulate Emissions ...... Section 3.1 ...... Visible Emissions (3.1.1–3.1.2) ...... 06/08/1972 03/02/1976, 41 FR 8956 Section 3.2 ...... Fugitive Dust (3.2.1–3.2.3) ...... 06/08/1972 03/02/1976, 41 FR 8956 Section 3.3 ...... Incineration (3.3.1–3.3.4) ...... 06/08/1972 03/02/1976, 41 FR 8956 Section 3.4 ...... Fuel Burning Equipment (3.4.1–3.4.2) ...... 06/08/1972 03/02/1976, 41 FR 8956 Section 3.5 ...... Process Industries—General (3.5.1, 3.5.3– 06/08/1972 03/02/1976, 41 FR 8956 3.5.5). Table 1 ...... Particulate Emission Allowable Based on Proc- 06/08/1972 03/02/1976, 41 FR 8956 ess Weight. Section 3.6 ...... Sampling Methods (3.6.1) ...... 06/08/1972 03/02/1976, 41 FR 8956 Control of Sulfur Compound Emissions ...... Section 4.1 ...... Fuel Combustion (4.1.1) ...... 06/08/1972 03/02/1976, 41 FR 8956

(d) EPA approved State source specific requirements.

Effective Name of source Permit No. date EPA approval date Explanation

None

(e) [Reserved]. declaration certifies that existing CISWI EPA’s electronic public docket and [FR Doc. 05–17931 Filed 9–8–05; 8:45 am] units, subject to Clean Air Act (the Act) comment system, is EPA’s preferred requirements of sections 111(d) and 129 method for receiving comments. Follow BILLING CODE 6560–50–P and related emission guidelines (EG), the online instructions for submitting have been permanently shut down and comments. ENVIRONMENTAL PROTECTION have been dismantled in the State of C. E-mail: http://wilkie.walter@ AGENCY Maryland. epa.gov D. Mail: RO3–OAR–2005–MD–0008, DATES: This rule is effective November 40 CFR Part 62 Walter Wilkie, Chief, Air Quality 8, 2005 without further notice, unless Analysis, Mailcode 3AP22, U.S. [RO3–OAR–2005–MD–0008; FRL –7966–7] EPA receives adverse written comment Environmental Protection Agency, by October 11, 2005. If EPA receives Region III, 1650 Arch Street, Approval and Promulgation of State such comments, it will publish a timely Philadelphia, Pennsylvania 19103. Air Quality Plans for Designated withdrawal of the direct final rule in the E. Hand Delivery: At the previously- Facilities and Pollutants; Maryland; Federal Register and inform the public listed EPA Region III address. Such Control of Emissions From that the rule will not take effect. deliveries are only accepted during the Commercial and Industrial Solid Waste ADDRESSES: Submit your comments, Docket’s normal hours of operation, and Incineration (CISWI) Units identified by Regional Material in special arrangements should be made AGENCY: Environmental Protection EDocket (RME) ID Number RO3–OAR– for deliveries of boxed information. Agency (EPA). 2005–MD–0008 by one of the following Instructions: Direct your comments to ACTION: Direct final rule. methods: RME ID No. RO3–OAR–2005–MD–0008. A. Federal eRulemaking Portal: EPA’s policy is that all comments SUMMARY: EPA is taking direct final http://www.regulations.gov. Follow the received will be included in the public action to approve the May 12, 2005 on-line instructions for submitting docket without change, and may be negative declaration letter submitted by comments. made available online at http:// the Maryland Department of the B. Agency Web site: http:// www.docket.epa.gov/rmepub/, Environment (MDE). The negative www.docket.epa.gov/rmepub/ RME, including any personal information

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provided, unless the comment includes standards of performance have been comments. This action simply reflects information claimed to be Confidential established under section 111(b) for new an already existing Federal requirement Business Information (CBI) or other sources of the same type, and EPA has for state air pollution control agencies information whose disclosure is established EG for such existing sources. and existing CISWI units, if any, that are restricted by statute. Do not submit Unless part of a state or Federal plan, subject to the provisions of 40 CFR part information that you consider to be CBI EG requirements are not federally 60, and part 62. However, in the or otherwise protected through RME, enforceable. ‘‘Proposed Rules’’ section of today’s regulations.gov or e-mail. The EPA RME Designated pollutants are those Federal Register, EPA is publishing a and the Federal regulations.gov Web pollutants for which no air quality separate document that will serve as the sites are an ‘‘anonymous access’’ criteria have been issued, and which are proposal to approve the negative system, which means EPA will not not included on a list published under declaration should relevant adverse or know your identity or contact section 108(a) and 112(b) of the Act, but critical comments be filed. This rule information unless you provide it in the emissions of which are subject to a new will be effective November 8, 2005 body of your comment. If you send an source performance standard. Section without further notice unless the e-mail comment directly to EPA without 129 of the Act requires EPA to Agency receives relevant adverse going through RME or regulations.gov, promulgate EG for CISWI units that emit comments by October 11, 2005. If EPA your e-mail address will be a mixture of air pollutants. These receives adverse comments, EPA will automatically captured and included as pollutants include organics (dioxins/ publish a timely withdrawal in the part of the comment that is placed in the furans), carbon monoxide, metals Federal Register informing the public public docket and made available on the (cadmium, lead, and mercury), acid that the rule did not take effect. EPA Internet. If you submit an electronic gases (hydrogen chloride, sulfur will address all public comments in a comment, EPA recommends that you dioxide, and nitrogen oxides) and subsequent final rule based on the include your name and other contact particulate matter (including opacity). proposed rule. The EPA will not information in the body of your On December 1, 2000 EPA institute a second comment period on comment and with any disk or CD–ROM promulgated CISWI unit new source this action. Any parties interested in you submit. If EPA cannot read your performance standards and EG, 40 CFR commenting must do so at this time. comment due to technical difficulties part 60, subparts CCCC and DDDD, respectively. The designated facility to III. Statutory and Executive Order and cannot contact you for clarification, Reviews EPA may not be able to consider your which the EG apply is each CISWI unit, comment. Electronic files should avoid as defined in subpart DDDD, that A. General Requirements commenced construction on or before the use of special characters, any form Under Executive Order 12866 (58 FR of encryption, and be free of any defects November 30, 1999. Subpart B of 40 CFR part 60 51735, October 4, 1993), this action is or viruses. establishes procedures to be followed not a ‘‘significant regulatory action’’ and Docket: All documents in the therefore is not subject to review by the electronic docket are listed in the RME and requirements to be met in the development and submission of state Office of Management and Budget. For index at http://www.docket.epa.gov/ this reason, this action is also not rmepub/. Although listed in the index, plans for controlling designated pollutants. Also, part 62 provides the subject to Executive Order 13211, some information is not publicly ‘‘Actions Concerning Regulations That available, i.e., CBI or other information procedural framework for the submission of these plans. When Significantly Affect Energy Supply, whose disclosure is restricted by statute. Distribution, or Use’’ (66 FR 28355, May Certain other material, such as designated facilities are located in a state, the state must develop and submit 22, 2001). This action merely approves copyrighted material, is not placed on state law as meeting Federal the Internet and will be publicly a plan for the control of the designated pollutant. However, 40 CFR 60.23(b) requirements and imposes no additional available only in hard copy form. requirements beyond those imposed by Publicly available docket materials are and 62.06 provide that if there are no existing sources of the designated state law. Accordingly, the available either electronically in RME or Administrator certifies that this rule in hard copy during normal business pollutant in the state, the state may submit a letter of certification to that will not have a significant economic hours at the Air Protection Division, impact on a substantial number of small U.S. Environmental Protection Agency, effect (i.e., negative declaration) in lieu of a plan. The negative declaration entities under the Regulatory Flexibility Region III, 1650 Arch Street, Act (5 U.S.C. 601 et seq.). Because this Philadelphia, Pennsylvania 19103. exempts the state from the requirements of subpart B that require submittal of a rule approves pre-existing requirements Copies of the state submittal are under state law and does not impose available at the Maryland Department of section 111(d)/129 plan for the designated facility. any additional enforceable duty beyond the Environment, 1800 Washington that required by state law, it does not Boulevard, Baltimore, Maryland 21230 II. Final Action contain any unfunded mandate or FOR FURTHER INFORMATION CONTACT: The MDE has determined that existing significantly or uniquely affect small James B. Topsale, P.E., at (215) 814– CISWI units have been permanently governments, as described in the 2190, or by e-mail at shut down and have been dismantled in Unfunded Mandates Reform Act of 1995 [email protected]. the state of Maryland. Accordingly, the (Public Law 104–4). This rule also does SUPPLEMENTARY INFORMATION: MDE submitted a negative declaration not have tribal implications because it letter to EPA. The letter is dated May 12, will not have a substantial direct effect I. Background 2005. Therefore, EPA is amending part on one or more Indian tribes, on the Sections 111(d) and 129 of the Act 62, subpart V, to reflect the receipt of relationship between the Federal require states to submit for approval the negative declaration. Government and Indian tribes, or on the plans to control certain pollutants (i.e., EPA is publishing this rule without distribution of power and designated pollutants) at existing solid prior proposal because the Agency responsibilities between the Federal waste combustor facilities (i.e., views this as a noncontroversial Government and Indian tribes, as designated facilities) whenever amendment and anticipates no adverse specified by Executive Order 13175 (65

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FR 67249, November 9, 2000). This C. Petitions for Judicial Review DEPARTMENT OF TRANSPORTATION action also does not have federalism implications because it does not have Under section 307(b)(1) of the Clean National Highway Traffic Safety substantial direct effects on the states, Air Act, petitions for judicial review of Administration on the relationship between the national this action must be filed in the United government and the states, or on the States Court of Appeals for the 49 CFR Parts 571 and 588 appropriate circuit by November 8, distribution of power and [Docket No. NHTSA–2005–22324] responsibilities among the various 2005. Filing a petition for RIN 2127–AI95 levels of government, as specified in reconsideration by the Administrator of this final rule does not affect the finality Executive Order 13132 (64 FR 43255, Federal Motor Vehicle Safety of this rule for the purposes of judicial August 10, 1999). This action merely Standards; Child Restraint Systems; review nor does it extend the time approves a state negative declaration, Child Restraint Systems and does not alter the relationship or within which a petition for judicial Recordkeeping Requirements the distribution of power and review may be filed, and shall not responsibilities established in the Clean postpone the effectiveness of such rule AGENCY: National Highway Traffic Air Act. This rule also is not subject to or action. This action, approving the Safety Administration (NHTSA), Executive Order 13045 ‘‘Protection of MDE’s negative declaration for CISWI Department of Transportation. Children from Environmental Health units, may not be challenged later in ACTION: Final rule. Risks and Safety Risks’’ (62 FR 19885, proceedings to enforce its requirements. SUMMARY: This document amends April 23, 1997), because it is not (See section 307(b)(2).) Federal Motor Vehicle Safety Standard economically significant. List of Subjects in 40 CFR Part 62 No. 213, ‘‘Child restraint systems,’’ to In reviewing section 111(d)/129 permit information regarding online negative declaration submissions, EPA’s Environmental protection, product registration to be included on role is to approve state choices, Administrative practice and procedure, the owner registration form required provided that they meet the criteria of Air pollution control, Aluminum, under the standard. This amendment the Clean Air Act. In this context, in the Fertilizers, Fluoride, Intergovernmental enhances the opportunity of restraint absence of a prior existing requirement relations, Paper and paper products owners to register their restraints online, for the state to use voluntary consensus industry, Phosphate, Reporting and which may increase registration rates standards (VCS), EPA has no authority recordkeeping requirements, Sulfur and the effectiveness of recall to disapprove a section 111(d)/129 oxides, Sulfur acid plants, Waste campaigns. The final rule also better negative declaration related submission treatment and disposal. enables manufacturers to supplement for failure to use VCS. It would thus be Dated: September 1, 2005. (but not replace) recall notification via first-class mail with e-mail notification, inconsistent with applicable law for Richard J. Kampf, EPA, when it reviews a 111(d)/129 plan which increases the likelihood that Acting Regional Administrator, Region III. related submission, to use VCS in place owners learn of a recall. The agency is of a negative declaration that otherwise I 40 CFR part 62 is amended as follows: also requiring that the telephone satisfies the provisions of the Clean Air number required on child restraint Act. Thus, the requirements of section PART 62—[AMENDED] labels for the purpose of enabling 12(d) of the National Technology consumers to register by telephone be a Transfer and Advancement Act of 1995 I 1. The authority citation for part 62 U.S. number. (15 U.S.C. 272 note) do not apply. This continues to read as follows: DATES: This final rule is effective rule does not impose an information Authority: 42 U.S.C. 7401 et seq. November 8, 2005. collection burden under the provisions Petitions: Petitions for reconsideration of the Paperwork Reduction Act of 1995 Subpart V—Maryland must be received by October 24, 2005 (44 U.S.C. 3501 et seq.). and should refer to this docket and the I 2. A new center heading, after notice number of this document and be B. Submission to Congress and the § 62.5122, consisting of § 62.5127 is submitted to: Administrator, National Comptroller General added to read as follows: Highway Traffic Safety Administration, 400 Seventh St., SW., Washington, DC The Congressional Review Act, 5 Emissions From Existing Commercial 20590. U.S.C. 801 et seq., as added by the Small and Industrial Solid Waste Incinerator FOR FURTHER INFORMATION CONTACT: The Business Regulatory Enforcement (CISWI) Units—Negative Declaration following persons at the National Fairness Act of 1996, generally provides Highway Traffic Safety Administration: that before a rule may take effect, the § 62.5127 Identification of plan—Negative For non-legal issues: Mr. Tewabe agency promulgating the rule must Declaration Asebe of the NHTSA Office of submit a rule report, which includes a May 12, 2005 Maryland Department Rulemaking at (202) 366–2365. copy of the rule, to each House of the of the Environment letter certifying that For legal issues: Mr. Christopher Congress and to the Comptroller General existing CISWI units, subject to 40 CFR Calamita of the NHTSA Office of Chief of the United States. EPA will submit a part 60, subpart DDDD, have been Counsel at (202) 366–2992. report containing this rule and other You may send mail to both of these required information to the U.S. Senate, permanently shut down and have been dismantled in the state. officials at the National Highway Traffic the U.S. House of Representatives, and Safety Administration, 400 Seventh St., the Comptroller General of the United [FR Doc. 05–17929 Filed 9–8–05; 8:45 am] SW., Washington, DC 20590. States prior to publication of the rule in BILLING CODE 6560–50–P SUPPLEMENTARY INFORMATION: the Federal Register. This rule is not a ‘‘major rule’’ as defined by 5 U.S.C. Table of Contents 804(2). I. Background

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II. Final Rule years from the date of manufacture of any revision include a requirement for a. Changes to the Current Registration Card the child restraint system (49 CFR part child restraint manufacturers to 1. Providing Manufacturer’s Internet 588, Child restraint systems maintain the privacy of customer Address information. Commenters also provided 2. Collecting E-mail Addresses recordkeeping requirements). A. Space on the Card for Consumers’ E- In the event of a recall, manufacturers several alternative suggestions for the mail Addresses must send notification by first-class format of the paper registration card and B. Consequences of Having the Information mail to the registered child restraint the online registration form. C. Use of Consumer Information owners. (Public notice of the recall can II. Final Rule b. The Electronic Registration Form (e- be also required.) Prior to the form) registration requirement 1, an estimated This final rule adopts the proposals of c. Registration by Telephone 3 percent of consumers registered their the June 2004 notice, with minor d. Child Restraint Label and Printed child restraints. Currently, according to changes. We are amending FMVSS No. Instructions data from NHTSA’s Office of Defects 213 to permit child restraint III. New NHTSA Hotline Number manufacturers the option of including IV. Rulemaking Analyses and Notices Investigation, the registration rate is at 27 percent. specified wording in the child restraint I. Background paper registration card to provide for Notice of Proposed Rulemaking (NPRM) online registration of child restraints. FMVSS No. 213 In an effort to increase the registration The minor changes relate to where on Federal Motor Vehicle Safety rate and in response to the public’s the form certain information must be Standard (FMVSS) No. 213, Child increasing access to the Internet 2, the provided, and to the information restraint systems (49 CFR 571.213), agency proposed to permit child required to be in the child restraint establishes an owner registration restraint manufacturers to include owners manual. Today’s rule also program for child restraint systems. information regarding online requires that manufacturers provide a NHTSA implemented the program to registration of a child restraint on the U.S. phone number for purposes of improve the effectiveness of registration card required under S5.8 of facilitating registration by telephone. manufacturer campaigns to recall child FMVSS No. 213 (69 FR 32954; June 14, Today’s rule does not amend the restraint systems that contain a safety- 2004). NHTSA believed that the rapid notification requirements, i.e., related defect or that fail to conform to growth of the Internet and of Internet manufacturers must still provide recall FMVSS No. 213. By increasing the access provided an opportunity to notification via first-class mail. A number of identified child restraint improve the child restraint registration manufacturer may choose to owners, the program increases the rate, which in turn could improve the supplement this notification via an e- manufacturers’ ability to inform owners effectiveness of child restraint recall mail message, but it is not required to of restraints about defects or campaigns. To facilitate the registration do so. noncompliances in those restraints. of owners who seek to register by The purpose of the rulemaking is to Under the standard, child restraint telephone, the NPRM also proposed to facilitate registration of child restraints, manufacturers are required to provide a require that the telephone number that to increase registration rates. For those registration form attached to each child manufacturers must provide on child child restraint owners with access to the restraint (S5.8). The registration form restraint labels be a U.S. number. Internet, online registration may be a must conform in size, content and preferred method of registering a child format to forms depicted in the standard Comments restraint. Providing for another means of (figures 9a and 9b). Each form must In response to the NPRM, the agency registration may increase registration include a detachable postage-paid received comments from National Safe rates, which may increase the number of addressed postcard that provides a Kids Campaign (Safe Kids); American owners learning of a recall and space for the consumer to record his or Academy of Pediatrics; Advocates for responding to it. A related purpose of her name and address, and must be Highway and Auto Safety (Advocates), this rule is to improve how consumers preprinted with the restraint’s model child restraint manufacturers Evenflo currently register. As stated by Evenflo, name or number and its date of Company, Inc. (Evenflo) and Graco; Graco, and the JPMA in their comments manufacture. Except for information American Automobile Association to the NPRM, permitting manufacturers that distinguishes a particular restraint (AAA); and Locker Greenberg & Brainin, the option of including electronic from other systems, no other P.C., representing the Juvenile Products registration information on the paper information is permitted to appear on Manufacturers Association (JPMA). All registration card will help minimize the postcard. Child restraint of the commenters were generally errors and omissions in consumer manufacturers have not been prohibited supportive of the proposed amendments information that now occur as a result from using the internet in their owner to FMVSS No. 213. Commenters of transcribing information submitted registration programs. However, representing child restraint on paper cards, difficulty in reading wording about registering online was manufacturers generally requested that consumers’ handwriting, or cards not permitted on the card. additional flexibility be provided in the damaged in the mail. In addition, this Child restraint manufacturers are also method of recall notification, while final rule also enhances manufacturers’ required to supply a telephone number consumer groups stressed that the first abilities to notify owners of a safety on child restraint system labels to class mail requirement be maintained. recall. Manufacturers may supplement enable owners (particularly second- Consumer groups also commented that recall notification via first-class mail hand owners) to register over the with voluntary e-mail notification. telephone. 1 The final rule establishing the registration NHTSA is not mandating online NHTSA requires manufacturers to requirement was published September 10, 1992 and registration because such a requirement keep a record of registered owner became effective March 9, 1993. (57 FR 41428). would implicitly require manufacturers information along with the relevant 2 The September 2001 U.S. Census Bureau report, to have and maintain an Internet Home Computer and Internet Use in the United child restraint system information States: August 2000, revealed that forty-two percent registration system. While over forty (restraint model, serial number, and of all households had at least one household percent of U.S. households had Internet manufactured dates) for not less than six member who used the Internet at home in 2000. access in 2000, a majority did not.

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Further, it is uncertain how many required location for the Internet registration form, manufacturers would households in that forty percent had address is placed on the portion of the have the ability to provide e-mail consistent access to the Internet. At paper registration card maintained by notification of a recall in conjunction present, Internet access is not so the consumer. with the mandatory first-class mail prevalent as to justify mandating Graco recommended that language be notification. Providing an additional electronic registration. included on the paper registration card method of notifying child restraint to indicate that the customer should owners of a recall would increase the a. Changes to the Current Registration have the card available when he or she likelihood of a recalled child restraint Card registers online and that the card being remedied. Under today’s final rule, a includes information on the model manufacturer is permitted to add to the number, serial number, and the date of B. Consequences of Having the registration card attached to the child manufacture, i.e., information that Information restraint (referred to in this preamble as would be required to register the In the proposal, we requested the ‘‘the paper registration card’’): (a) restraint. comment on whether a manufacturer Specified statements informing child We do not agree to this request. The that has voluntarily collected a restraint owners that they may register information required to be provided on customer’s e-mail address should be online; (b) the Internet address for the paper registration card is required to provide a recall notification registering with the company; (c) intentionally very limited and via e-mail, as well as via first-class mail. specified statements reflecting use of the standardized to provide only the most We noted that use of customer e-mail Internet to register; and (d) a space for critical information necessary to the addresses could also make initial recall the consumer’s e-mail address. consumer. Providing the information notification faster. Conversely, first- This final rule provides suggested by Graco would potentially class mail notification can take up to manufacturers the option of including clutter the card and overload the reader. several days to reach the intended electronic registration information on Further, as explained later in this customer, and even longer if the letter the paper registration card. However, if preamble, we have made provisions to must be forwarded to a new address. a manufacturer does provide such include this information on the e-form. Further, a child restraint owner may information, the information must be If a consumer attempts to register online maintain the same e-mail address even provided as prescribed in today’s final and does not have the paper registration after moving to a new street address, rule. The reason for this requirement is card at hand, then he or she will be resulting in an e-mail notification to ensure that the paper registration card directed to locate the necessary reaching the owner even if mail continues to be standardized in size, information by either locating the card, forwarding has been discontinued. content, and format, so that it is easy to or by getting the information from the Commenters generally recognized the read and clutter-free. label on the child restraint. As such, we potential benefits of e-mail notification, are not requiring any additional but raised a variety of concerns. Safe 1. Providing Manufacturer’s Internet language for the paper registration card. Kids, Advocates and AAA Address recommended that manufacturers be To prevent the consumer from having 2. Collecting E-mail Addresses provided the option of supplementing to search for an electronic registration A. Space on the Card for Consumers’ E- first-class mail notification with an e- form (referred to in this document as the mail Addresses mail message. Advocates noted that ‘‘e-form’’) on a manufacturer’s Web site, The agency proposed to permit computer e-mail users may change we proposed that manufacturers that manufacturers to include a space on the services, and thus their e-mail choose to provide electronic registration paper registration card for a customer’s addresses, while remaining at the same information on the paper registration e-mail address. This was consistent with street address. Safe Kids noted that with card must provide an Internet address an agency October 2002 report on the the sizable amount of junk e-mails that that directly links to the e-form. We registration program, which stated that: most people receive, there is the stated that this would likely increase the ‘‘Adding a space for an e-mail address potential for electronic notifications to ease and convenience of registering. We on the registration form could make go unread or be deleted. Evenflo further also proposed that this Internet address initial recall notification faster. It could noted that mass corrective action e- should be placed on the mail-in portion also be helpful in locating seat owners mailings may be blocked by filtering of the paper registration card. that have changed residence but software as unsolicited e-mails. Evenflo In its comments, Safe Kids suggested retained their e-mail address.’’ 3 Under was also concerned that unassociated that the required location for a the proposal, if a manufacturer were to advertising e-mails, or ‘‘spoof’’ e-mails manufacturer’s Internet address should collect e-mail addresses, it would be may be formatted to appear as legitimate be the portion of the paper registration required to maintain a record of all consumer contacts from a child restraint card that is kept by the consumer. It collected e-mail addresses for a period manufacturer. stated that this would allow a child Both Evenflo and the JPMA expressed of 6 years, just as with the other restraint owner to register online even concern that the development of State or registration information. after the paper registration card was We are adopting this provision as Federal ‘‘anti-spam’’ legislation may mailed and may facilitate the proposed. Under today’s final rule, complicate mass consumer e-mail registration of subsequent owners, if this manufacturers are permitted to provide contacts, even for legitimate purposes portion of the card were transferred a space for a child restraint owner’s e- such as a recall notification. JPMA and with the child restraint. mail address. This space must specify Graco commented that customers We agree with Safe Kids that the that providing an e-mail address is not should be provided the option of Internet registration address should be required. By permitting the collection of choosing the method of contact, i.e., placed on the portion of the paper card e-mail addresses on the child restraint first-class mail or electronic notification. retained by the owner. This will provide The requirement for notification of a the consumer a quick reference for 3 ‘‘Evaluation of Child Safety Seat Registration,’’ defect or noncompliance via first class locating the electronic registration site. DOT HS 809 518, NHTSA Technical Report mail is prescribed by statute (49 U.S.C. Therefore, under today’s final rule, the (October 2002). 30119(d)). That requirement to provide

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notification by first class mail is As stated in the preamble of the Commenters were generally unchanged by today’s final rule. With proposed rulemaking, NHTSA expects supportive of the format of the e-form regard to e-mail notification, we that manufacturers will respect owners’ proposed by the agency. The recognize the potential difficulties preferences that this information, along manufacturers requested that a prompt raised by commenters. Therefore, we are with other registration information, will be permitted to notify an owner if the not generally requiring manufacturers to be kept separate from other customer e-form was not filled out completely. send electronic notification of a defect lists. To date, we have not received The prompt would be generated upon or noncompliance if manufacturers complaints from consumers that would clicking a ‘‘confirm’’ or ‘‘submit’’ field, collect consumer e-mail addresses. indicate manufacturers were doing which could be located next to the However, manufacturers are not otherwise. Accordingly, at this time we manufacturer’s logo or link to the prohibited from using electronic do not see the need to change the status manufacturer’s homepage. Graco and notification as a supplement to quo by instituting the safeguards Evenflo also recommended that the notification by first class mail. suggested by Safe Kids and Advocates. e-form inform consumers what child (Additionally, the agency could compel Nonetheless, while manufacturers restraint specific information is required electronic notification as a supplement may provide avenues for customers to to properly fill out the form and where if the traditional means of notifying the receive additional product information, that information can be located. public of a recall (first class mail, public manufacturers must provide this We are adopting the proposed e-form notices) are insufficient.4 This separate from the registration process. format requirements, with a few changes determination would be made on a case- That is, whether that process be via the suggested by the commenters and with by-case basis.) As e-mail services evolve paper registration card, telephone other minor additions. We are and develop, we may further assess at registration, or electronic registration, permitting manufacturers to use a a future date the merits of electronic those processes must be absent any prompt to indicate that a form has not notification. solicitation of the consumer for been fully completed. We note however, commercial purposes. As stated above, that as with the paper registration card, C. Use of Consumer Information the information required to be provided the e-form must indicate that inclusion In the notice of proposed rulemaking, to customers for purposes of registration of a consumer’s e-mail address may be we stated that we would expect that is intentionally very limited and provided at the consumer’s option. Further, manufacturers are prevented manufacturers would not use any standardized to provide only the most from having additional screens or registration information, including critical information necessary to the advertisement banners appear as a result e-mail addresses, for commercial consumer. This conveys the importance of registration in a clear manner. of a child restraint owner accessing the purposes. We noted that in developing Web page that contains the e-form (e.g., the original registration requirements, b. The Electronic Registration Form ‘‘pop-up advertisements’’ are focus groups reacted favorably to the (E-form) prohibited). By preventing additional idea of being assured by the information or advertising from manufacturer that information retained To increase the likelihood that owners will find electronic registration user- appearing on the registration page or as in these records would not be used for a result of accessing the e-form, the commercial mailing lists. We expected friendly, we proposed a standardized appearance of the online registration benefits of a standardized registration that the public would respond similarly form are maintained, helping to improve to assurances that a registered e-mail form (e-form) presented to the consumer. That is, similar to the the rate of registration. address would not result in unsolicited The JPMA requested that a statement standardized mail-in registration form,5 e-mails. be included on the electronic the only fields that would be permitted Safe Kids, Advocates, and AAA registration form informing readers that on an e-form would be those for: (a) The commented that safeguards against the registration is not applicable to owner’s name and address; (b) the commercial use of registration consumers outside the U.S. The JPMA restraint model and serial number; (c) information should be mandated. Safe expressed concerns with potential date of manufacture of the child Kids requested that the agency require conflicts with the laws of non-U.S. restraint; and (d) at the manufacturer’s registration materials to contain jurisdictions and child restraints option, the owner’s e-mail address. language stating that information would purchased outside of the U.S. not be used for commercial purposes. Under the proposal, the e-form would We concur with the suggested change. Advocates raised the possibility of be required to contain relevant portions Paper registration cards now instituting penalties for violations of of the standardized warnings and other accompanying child restraints do not such a requirement. information mandated for paper need such language because only child registration forms. The only additional restraints manufactured for sale in the Graco, Evenflo, and the JPMA all information permitted on the e-form supported restricted use of a consumer’s U.S. are required to have registration would be information identifying the cards. In contrast, an electronic e-mail address obtained through child manufacturer and a link to the restraint registration. Graco and Evenflo registration form available on a manufacturer’s Web site home page. We manufacturer’s Web site may be suggested that manufacturers be requested comment on whether some permitted to have a field on the e-form accessed anywhere in the world. additional information should be Persons purchasing a child restraint that would provide consumers the permitted or required on the form, e.g., option of receiving product information. outside of the U.S. may not know that instructions to the consumer as to where the FMVSS No. 213 registration program the restraint’s model name and number is limited to the U.S. Therefore, we have 4 Under 49 U.S.C. 30119(d)(2), the agency can can be found. require a manufacturer of equipment to provide included a statement on the electronic public notice to effectuate the recall of a defective registration form that clarifies its or noncompliant product. In the past, child restraint 5 In developing the mail-in registration form, the applicability to child restraints manufacturers have provided notice through a agency found that focus groups ‘‘widely and variety of means including, but not limited to, enthusiastically accepted the text and format of the purchased in the U.S. retailers, child safety centers, pediatricians, and the parts of the form that did not vary among the Advocates requested that the agency media. proposed options.’’ 57 FR 414321. require that the electronic registration

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information be encrypted. Advocates comments, Safe Kids suggested that is no longer needed, as the toll-free stated that encrypting the data would Internet registration information be number now functions for the entire protect the information from being include in the instruction manual. We U.S. Accordingly, child restraint labels accessed by third parties. agree with Safe Kids that including the and instructions only need refer to the We are not including an ‘‘encryption’’ Internet address in the printed toll-free number. Thus, on June 21, requirement for electronic registration. instructions may facilitate registration 2005, the agency published a technical The registration form does not entail the by owners’ who have misplaced the amendment that replaced the required submission of financial information or paper registration card, who have telephone number in FMVSS No. 213 other identifiers such as a Social changed address, or by subsequent with 1–888–327–4236 (70 FR 35556; Security number. The information owners. Therefore, under today’s final Docket No. NHTSA–2005–21564). The provided is the same information that rule, if a manufacturer opts to include technical amendment is effective June commonly can be obtained through a an Internet address on the paper 21, 2006. Early compliance is permitted. telephone directory. Further, because registration card, it must also include IV. Rulemaking Analyses and Notices technology changes at such a rapid the Internet address in the printed pace, any level of encryption required instructions. A. Executive Order 12866 and DOT by the agency would likely become In their comments, the JPMA and Regulatory Policies and Procedures obsolete in a short time frame. Evenflo recommended that the agency NHTSA has considered the impact of Manufacturers’ means of securing the include language on the child restraint this rule under Executive Order 12866 information they now receive from label and in the instruction manual and the Department of Transportation’s consumers should be adequate to directed specifically at second-hand regulatory policies and procedures. This protect the registration information they owners and owners who have moved rulemaking document was not reviewed will receive through the electronic since registering their child restraint. under E.O. 12866, ‘‘Regulatory Planning registration program. The suggested language stated: ‘‘If you and Review.’’ This action has been have moved or are not the original c. Registration by Telephone determined to be ‘‘nonsignificant’’ purchaser of this child restraint, please under the Department of When the agency established the contact (manufacturer) to register this current child restraint registration Transportation’s regulatory policies and restraint.’’ procedures. We do not anticipate this program (requiring the paper We are not adopting such a final rule to result in any costs for child registration card), we also established a requirement. Child restraint labels restraint system manufacturers. The requirement for child restraint already require general language on the final rule does not establish any new manufacturers to label each child importance of product registration requirements for manufacturers of child restraint with a telephone number that (‘‘Register your child restraint with the restraint systems unless a manufacturer consumers could use to register their manufacturer,’’ see e.g., S5.5.2(g)(iv)). voluntarily chooses to collect e-mail restraints as an alternative to the mail- Space on the labels is limited, and in addresses or provide an Internet address in form. A phone number was order to maintain the effectiveness of for electronic registration on the child particularly important for persons the information contained on the labels, restraint registration card. If a owning secondhand restraints, since the we need to limit the required manufacturer voluntarily collects original registration card would likely information. Also, the requested customer e-mail addresses and provides be missing from such restraints. information is already provided in for electronic registration of restraints, The NPRM proposed that the instruction manuals. The manuals are telephone number must be a U.S. the anticipated costs for the required to provide information on the recordkeeping requirements are number.6 No opposing comments were importance of registration (‘‘You must received on this issue. This final rule minimal. register this restraint to be reached in a Many child restraint system adopts the proposed restriction. While recall,’’ S5.6.1.7), and, under today’s we are unaware of any manufacturer manufacturers already provide an final rule, if a manufacturer opts to electronic product registration service currently providing a non-U.S. include an Internet address on the paper telephone number, this rule will ensure and by encouraging electronic registration card, it must also include registration, manufacturers could reduce that a non-U.S. number is not provided the Internet address in the printed in the future. A non-U.S. telephone the number of postage-paid registration instructions. Manufacturers are not cards returned, thereby reducing number would present a high cost to a prohibited from supplementing the 7 child restraint owner seeking to register postage fees for the manufacturer. information with a statement as Manufacturers that collect customer a child restraint and would be a suggested by the commenters. disincentive for consumers, particularly e-mail addresses could incorporate this second-hand owners, to register. III. New NHTSA Hotline Number information into the registration records currently maintained. Also, child Child restraint manufacturers are d. Child Restraint Label and Printed restraint system owner information required to provide the telephone Instructions submitted online would be in electronic number for the U.S. Government’s format, minimizing the data entry The NPRM would have permitted the (NHTSA’s) Auto Safety Hotline on both burden required to record owner printed instructions accompanying a child restraint labels and the information and reduce recordkeeping restraint to include a discussion on accompanying printed instructions. (See costs. registering via the Internet, but would FMVSS No. 213, S5.5.1(m), S5.5.5(k), not have required the Web site address While the use of online resources for S5.6.1.7, S5.6.2.2.) The Auto Safety child restraint system registration has be included in the instructions even if Hotline provides child restraint owners a manufacturer opted to include a Web the potential for increased child with information on product recalls. restraint registration and enhanced site on the paper registration card. In its Until recently, FMVSS No. 213 recall notification, we are not requiring required two phone numbers; a toll-free 6 This amendment arose out of a concern about number and a number for the District of the potential use of non-U.S. phone numbers for 7 A manufacturer is not charged a fee by the post registration purposes. http://www.nhtsa/dot.gov/ Columbia area. The separate phone office for a postage pre-paid postcard until the card cars/rules/interps/files/002775cmc_phoneno.html. number for the District of Columbia area is actually sent through the mail.

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manufacturers to have a means by requirements, a regulatory flexibility Description of the Likely Respondents which consumers can register their analysis was not prepared. (Including Estimated Number, and restraint via the Internet. We want to Proposed Frequency of Response to the C. Paperwork Reduction Act avoid imposing potentially prohibitive Collection of Information): NHTSA costs on manufacturers not currently Under the procedures established by estimates that twenty-three child equipped to incorporate Internet the Paperwork Reduction Act of 1995, a restraint manufacturers are subject to resources into child restraint system person is not required to respond to a the reconfigured collection registration. Manufacturers not collection of information by a Federal requirements. If a manufacturer currently situated for Internet agency unless the collection displays a voluntarily collects a child restraint registration would have the cost of valid OMB control number. The final system owner’s e-mail address as part of developing an Internet system to rule reconfigures the information the child restraint registration, then the process registrations as well as the costs collection and recordkeeping manufacturer is required to record and associated with revising the mandated requirements of FMVS No. 213 and 49 maintain that e-mail address along with registration forms and modifying CFR part 588, which have been the registration information currently recordkeeping procedures. If and when approved under OMB No. 2127–0576. recorded and maintained. If a child Internet and e-mail access becomes The agency does not anticipate this restraint manufacturer provides for more universal, the benefit of reconfiguration to increase the cost or electronic registration, the electronic mandatory Internet registration burden of the approved collection. registration form is required to be in a provisions can be evaluated. Agency: National Highway Traffic format similar to the format for the postage-paid form. B. Regulatory Flexibility Act Safety Administration (NHTSA). Title: Voluntary Child Safety Estimate of the Total Annual Pursuant to the Regulatory Flexibility Registration Form. Reporting and Recordkeeping Burden Act (5 U.S.C. 601 et seq., as amended by Type of Request: Reconfiguration of Resulting From the Collection of the Small Business Regulatory existing collection. Information: NHTSA does not anticipate Enforcement Fairness Act (SBREFA) of OMB Clearance Number: 2127–0576. a significant change to the hour burden 1996), whenever an agency is required Form Number: None. or costs associated with child restraint to publish a notice of rulemaking for registration. By allowing manufacturers Summary of the Collection of any proposed or final rule, it must the ability to promote online Information: Under the final rule in this prepare and make available for public registration, we anticipate a reduction in document, if a child restraint comment a regulatory flexibility the collection and recordkeeping manufacturer voluntarily collects an analysis that describes the effect of the burden. Internet registration reduces a e-mail address as part of the child rule on small entities (i.e., small manufacturer’s postage costs by restraint registration, then the businesses, small organizations, and reducing the number of postage-paid manufacturer is required to maintain a small governmental jurisdictions). The registration cards sent through the mail. record of that information. The Small Business Administration’s Registration information collected on recordkeeping format and retention regulations at 13 CFR part 121 define a the Internet is in an electronic form, requirements for child restraint owner small business, in part, as a business which can be transferred more easily e-mail addresses are identical to the entity ‘‘which operates primarily within and stored than paper registration cards. format and retention requirements the United States.’’ (13 CFR 121.105(a)). Registration information received in mandated for owner registration under No regulatory flexibility analysis is electronic form reduces the data entry 49 CFR part 588. The final rule also required if the head of an agency burden of child restraint system requires that if a manufacturer certifies the rule will not have a manufacturers. This reduction in voluntarily provides for electronic significant economic impact on a burden offsets any burden created by registration, then the manufacturer is substantial number of small entities. the e-mail recordkeeping requirement required to use a standardized format I certify that this final rule does not and the standardized Internet similar to the format currently required have a significant economic impact on registration form. for the postage-paid registration form. a substantial number of small entities. Manufacturers commented that by The following is the agency’s statement The final rule does not mandate the permitting electronic registration, data providing the factual basis for the collection of e-mail addresses or the use will be provided in a more usable certification (5 U.S.C. 605(b)). of electronic registration. format and as well as improve the The final rule directly affects child Description of the Need for the accuracy of the data. Manufacturers did restraint manufacturers. According to Information and Use of the Information: not provide additional comment the Small Business Administration’s Public access and use of the Internet has regarding the collection of information small business size standards (see 5 CFR increased exponentially since its requirements or the associated 121.201), a child restraint manufacturer inception. The proposed rule would recordkeeping burden. (NAICS code 336360, Motor Vehicle permit manufacturers to take advantage Seating and Interior Trim Manufacturer) of this growth in technology and use D. National Environmental Policy Act must have 500 or fewer employees to electronic registration as a supplement NHTSA has analyzed this rule for the qualify as a small business. Most if not to registration by mail. This provides purposes of the National Environmental all of the affected manufacturers are child restraint system owners with an Policy Act and determined that it will small businesses under this definition. additional option for registering a child not have any significant impact on the However, the final rule does not impose restraint system and potentially quality of the human environment. The any new requirements on manufacturers increases the number of child restraint subject of this rule is the labeling and that produce child restraint systems. systems registered. By increasing the registration information requirements of The final rule provides flexibility in number of identified child restraint child restraint systems. child restraint system registration by purchasers, the program increases the allowing manufacturers to promote manufacturers’ ability to inform owners E. Executive Order 13132 (Federalism) electronic registration. Given the final of restraints about defects or Executive Order 13132 requires rule does not impose any new noncompliances in those restraints. NHTSA to develop an accountable

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process to ensure ‘‘meaningful and G. National Technology Transfer and I. Regulation Identifier Number (RIN) timely input by State and local officials Advancement Act The Department of Transportation in the development of regulatory assigns a regulation identifier number policies that have federalism Section 12(d) of the National Technology Transfer and Advancement (RIN) to each regulatory action listed in implications.’’ ‘‘Policies that have the Unified Agenda of Federal federalism implications’’ is defined in Act of 1995 (NTTAA), Public Law 104– 113, section 12(d) (15 U.S.C. 272) Regulations. The Regulatory Information the Executive Order to include Service Center publishes the Unified directs us to use voluntary consensus regulations that have ‘‘substantial direct Agenda in April and October of each standards in regulatory activities unless effects on the States, on the relationship year. You may use the RIN contained in doing so would be inconsistent with between the national government and the heading at the beginning of this applicable law or otherwise impractical. the States, or on the distribution of document to find this action in the Voluntary consensus standards are power and responsibilities among the Unified Agenda. various levels of government.’’ Under technical standards (e.g., materials Executive Order 13132, the agency may specifications, test methods, sampling J. Privacy Act not issue a regulation with federalism procedures, and business practices) that Anyone is able to search the implications, that imposes substantial are developed or adopted by voluntary electronic form of all submissions direct costs, and that is not required by consensus standards bodies, such as the received into any of our dockets by the statute, unless the Federal government Society of Automotive Engineers (SAE). name of the individual submitting the provides the funds necessary to pay the The NTTAA directs us to provide comment (or signing the comment, if direct compliance costs incurred by Congress, through OMB, explanations submitted on behalf of an association, State and local governments, or the when we decide not to use available and business, labor union, etc.). You may agency consults with State and local applicable voluntary consensus review DOT’s complete Privacy Act officials early in the process of standards. Statement in the Federal Register developing the proposed regulation. The agency searched for, but did not published on April 11, 2000 (Volume NHTSA may also not issue a regulation find any voluntary consensus standards 65, Number 70; Pages 19477–78) or you with federalism implications and that relevant to this rule. may visit http://dms.dot.gov. preempts State law unless the agency consults with State and local officials H. Unfunded Mandates Reform Act List of Subjects early in the process of developing the 49 CFR Part 571 proposed regulation. Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) Motor vehicle safety, Reporting and The agency has analyzed this requires Federal agencies to prepare a recordkeeping requirements, Tires, rulemaking action in accordance with written assessment of the costs, benefits, Incorporation by Reference. the principles and criteria contained in and other effects of proposed or final Executive Order 13132 and has 49 CFR Part 588 rules that include a Federal mandate determined that it does not have likely to result in the expenditure by Motor vehicle safety, Reporting and sufficient federalism implications to State, local, or tribal governments, in the recordkeeping requirements. warrant consultation with State and I aggregate, or by the private sector, of In consideration of the foregoing, local officials or the preparation of a more than $100 million in any one year NHTSA is amending 49 CFR part 571 as federalism summary impact statement. (adjusted for inflation with base year of follows: The rule will have no substantial effects 1995). Before promulgating a rule for on the States, or on the current Federal- PART 571—FEDERAL MOTOR which a written statement is needed, State relationship, or on the current VEHICLE SAFTEY STANDARDS section 205 of the UMRA generally distribution of power and requires NHTSA to identify and I 1. The authority citation for part 571 responsibilities among the various local continues to read as follows: officials. consider a reasonable number of regulatory alternatives and adopt the Authority: 49 U.S.C. 322, 30111, 30115, F. Executive Order 12778 (Civil Justice least costly, most cost-effective, or least 30117, and 30166; delegation of authority at Reform) burdensome alternative that achieves 49 CFR 1.50. the objectives of the rule. The This rule will not have any retroactive I 2. Section 571.213 is amended to effect. Under section 49 U.S.C. 30103, provisions of section 205 do not apply revise paragraph (m) of S5.5.2, whenever a Federal motor vehicle safety when they are inconsistent with paragraph (k) of S5.5.5, S5.6.1.7, standard is in effect, a State may not applicable law. Moreover, section 205 S5.6.2.2, S5.8, and Figures 9(a) and 9(b), adopt or maintain a safety standard allows NHTSA to adopt an alternative and applicable to the same aspect of other than the least costly, most cost- I 3. Section 571.213 is amended by performance which is not identical to effective, or least burdensome adding S5.8.1 and S5.8.2, to read as the Federal standard, except to the alternative if the agency publishes with follows: extent that the State requirement the final rule an explanation why that imposes a higher level of performance alternative was not adopted. § 571.213 Standard No. 213; Child restraint and applies only to vehicles procured This final rule will not impose any systems. for the State’s use. Section 49 U.S.C. unfunded mandates under the * * * * * 30161 sets forth a procedure for judicial Unfunded Mandates Reform Act of S5.5.2 * * * review of final rules establishing, 1995. This rule will not result in costs (m) One of the following statements, amending or revoking Federal motor of $100 million or more to either State, inserting an address and a U.S. vehicle safety standards. That section local, or tribal governments, in the telephone number. If a manufacturer does not require submission of a aggregate, or to the private sector. Thus, opts to provide a Web site on the petition for reconsideration or other this rule is not subject to the registration card as permitted in Figure administrative proceedings before requirements of sections 202 and 205 of 9a of this section, the manufacturer parties may file suit in court. the UMRA. must include the statement in part (ii):

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(i) ‘‘Child restrains could be recalled (i) ‘‘Child restraints could be recalled that contacts the dummy when the for safety reasons. You must register this for safety reasons. You must register this dummy is positioned in the system in restraint to be reached in a recall. Send restraint to be reached in a recall. Send accordance with S6.1.2 of Standard 213. your name, address, e-mail address if your name, address, e-mail address if (b) Each attached form shall: available [preceding four words is available (optional), and the restraint’s (1) Consist of a postcard that is optional] and the restraint’s model model number and manufacturing date attached at a perforation to an number and manufacturing date to to (insert address) or call (insert a U.S. informational card; (insert address) or call (insert a U.S. telephone number). For recall (2) Conform in size, content and telephone number). For recall information, call the U.S. Government’s format to Figures 9a and 9b of this information, call the U.S. Government’s Auto Safety Hotline at 1–800–424– section; and Auto Safety Hotline at 1–800–424– 9393.’’ (3) Have a thickness of at least 0.007 9393.’’ (ii) ‘‘Child restraints could be recalled inches and not more than 0.0095 inches. (ii) ‘‘Child restraints could be recalled for safety reasons. You must register this (c) Each postcard shall provide the for safety reasons. You must register this restraint to be reached in a recall. Send model name or number and date of restraint to be reached in a recall. Send your name, address, e-mail address if manufacture (month, year) of the child your name, address, e-mail address if available (optional), and the restraint’s restraint system to which the form is available [preceding four words are model number and manufacturing date attached, shall contain space for the optional], and the restraint’s model to (insert address) or call (insert purchaser to record his or her name, number and manufacturing date to telephone number) or register online at mailing address, and at the (insert address) or call (insert a U.S. (insert Web site for electronic manufacturer’s option, e-mail address, telephone number) or register online registration form). For recall shall be addressed to the manufacturer, (insert Web site for electronic information, call the U.S. Government’s and shall be postage paid. No other registration form). For recall Auto Safety Hotline at 1–800–424– information shall appear on the information, call the U.S. Government’s 9393.’’ postcard, except identifying information that distinguishes a particular child Auto Safety Hotline at 1–800–424– * * * * * restraint system from other systems of 9393.’’ S5.6.2.2 The instructions for each that model name or number may be * * * * * built-in child restraint system other than preprinted in the shaded area of the S5.5.5 * * * a factory-installed restraint, shall postcard, as shown in figure 9a. (k) One of the following statements, include one of the following statements, (d) Manufacturers may voluntarily inserting an address and a U.S. inserting an address and a U.S. provide a web address on the telephone number. If manufacturer opts telephone number. If a manufacturer informational card enabling owners to to provide a Web site on the registration opts to provide a Web site on the register child restraints online, provided card as permitted in Figure 9a of this registration card as permitted in Figure that the Web address is a direct link to section, the manufacturer must include 9a of this section, the manufacturer the electronic registration form meeting the statement in part (ii): must include the statement in part (ii): the requirements of S5.8.2 of this (i) ‘‘Child restraints could be recalled (i) ‘‘Child restraints could be recalled for safety reasons. You must register this section. for safety reasons. You must register this S5.8.2 Electronic registration form. restraint to be reached in a recall. Send restraint to be reached in a recall. Send (a) Each electronic registration form your name, address, e-mail address if your name, address, e-mail address if must meet the requirements of this available (optional), and the restraint’s available (optional), and the restraint’s S5.8.2. Each form shall: model number and manufacturing date model number and manufacturing date (1) Contain the following statements to (insert address) or call (insert a U.S. to (insert address) or call (insert a U.S. at the top of the form: telephone number). For recall telephone number). For recall (i) ‘‘FOR YOUR CHILD’S information, call the U.S. Government’s information, call the U.S. Government’s CONTINUED SAFETY’’ (Displayed in Auto Safety Hotline an 1–800–424– Auto Safety Hotline at 1–800–424– bold type face, caps, and minimum 12 9393.’’ 9393.’’ point type.) (ii) ‘‘Child restraints could be recalled (ii) ‘‘Child restraints could be recalled (ii) ‘‘Although child restraint systems for safety reasons. You must register this for safety reasons. You must register this undergo testing and evaluation, it is restraint to be reached in a recall. Send restraint to be reached in a recall. Send possible that a child restraint could be your name, address, e-mail address if your name, address, e-mail address if recalled.’’ (Displayed in bold typeface, available (optional), and the restraint’s available (optional), and the restraint’s caps and lower case, and minimum 12 model number and manufacturing date model number and manufacturing date point type.) to (insert address) or call (insert to (insert address) or call (insert U.S. (iii) ‘‘In case of a recall, we can reach telephone number) or register online at telephone number) or register online at you only if we have your name and (insert Web site for electronic (insert Web site for electronic address, so please fill in the registration registration form). For recall registration form). For recall form to be on our recall list.’’ (Displayed information, call the U.S. Government’s information, call the U.S. Government’s in bold typeface, caps and lower case, Auto Safety Hotline at 1–800–424– Auto Safety Hotline at 1–800–424– and minimum 12 point type.) 9393.’’ 9393.’’ (iv) ‘‘In order to properly register your * * * * * * * * * * child restraint system, you will need to S5.6.1.7 One of the following S5.8 Information requirements— provide the model number, serial statements, inserting an address and a attached registration form and electronic number and date of manufacture. This U.S. telephone number. If a registration form. information is printed on the manufacturer opts to provide a Web site S5.8.1 Attached registration form. registration card and can also be found on the registration card as permitted in (a) Each child restraint system, except on a white label located on the back of Figure 9a of this section, the a factory-installed built-in restraint the child restraint system.’’ (Displayed manufacturer must include the system, shall have a registration form in bold typeface, caps and lower case, statement in part (ii): attached to any surface of the restraint and minimum 12 point type.)

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(v) ‘‘This registration is only option, a space is provided for the additional screens or electronic banners applicable to child restraint systems purchaser to record his or her e-mail to appear. purchased in the United States.’’ address. (c) The electronic registration form (Displayed in bold typeface, caps and (b) No other information shall appear shall be accessed directly by the web lower case, and minimum 12 point on the electronic registration form, address that the manufacturer printed type.) except for information identifying the on the attached registration form. The (2) Provide as required registration manufacturer or a link to the form must appear on screen when the fields, space for the purchaser to record manufacturer’s home page, a field to consumer has inputted the web address the model name or number and date of confirm submission, and a prompt to provided by the manufacturer, without manufacture (month, year) of the child indicate any incomplete or invalid any further keystrokes on the keyboard restraint system, and space for the fields prior to submission. Accessing the or clicks of the mouse. purchaser to record his or her name and web page that contains the electronic * * * * * mailing address. At the manufacturer’s registration form shall not cause BILLING CODE 4910–59–P

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BILLING CODE 4910–59–C § 588.5 Records. Issued on: August 31, 2005. * * * * * Each manufacturer, or manufacturer’s Jacqueline Glassman, PART 588—CHILD RESTRAINT designee, shall record and maintain Deputy Administrator. SYSTEMS RECORDKEEPING records of the owners of child restraint [FR Doc. 05–17844 Filed 9–8–05; 8:45 am] REQUIREMENTS systems who have submitted a BILLING CODE 4910–59–P registration form. The record shall be in I In consideration of the foregoing, a form suitable for inspection such as NHTSA is amending 49 CFR part 588 as computer information storage devices or follows: card files, and shall include the names, I 1. The authority citation for part 588 mailing addresses, and if collected, reads as follows: se-mail addresses of the owners, and the Authority: 49 U.S.C. 322, 30111, 30115, model name or number and date of 30117, and 30166; delegation of authority at manufacture (month, year) of the 49 CFR 1.50. owner’s child restraint systems. I 2. Section 588.5 is revised to read as follows:

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DEPARTMENT OF COMMERCE Kurkul, at the mailing address specified As a result of FDA’s findings NMFS above. is reopening to shellfish harvest those National Oceanic and Atmospheric FOR FURTHER INFORMATION CONTACT: E. waters south of 41°39′ N. lat., west of Administration Martin Jaffe, Fishery Policy Analyst, 69°00′ W. long., north of 40°00′ N. lat., phone: (978) 281–9272, fax: (978) 281– and east of 71°00′ W. long. Because 50 CFR Part 648 9135. scallop viscera and roe are capable of [Docket No. 050613158-5237-02; I.D. SUPPLEMENTARY INFORMATION: retaining PSP toxins longer than other 090105A] species of molluscan shellfish, NMFS is Background retaining the limitation that scallop RIN 0648–AT48 Toxic algal blooms are responsible for harvesting is only permitted in the area Magnuson-Stevens Fishery the marine toxin that causes PSP in for the purpose of shucking at sea of the Conservation and Management Act persons consuming affected shellfish. adductor muscle. Provisions; Fisheries of the People have become seriously ill and Classification Northeastern United States; some have died from consuming Modification of Emergency Fishery affected shellfish under similar This action is issued pursuant to Closure Due to the Presence of the circumstances. The scallop adductor section 305(c) of the Magnuson-Stevens Toxin That Causes Paralytic Shellfish muscle, or ‘‘meat,’’ is unaffected by the Fishery Conservation and Management Poisoning toxin. Act, 16 U.S.C. 1855(c). On June 10, 2005, the FDA requested This rule has been determined to be AGENCY: National Marine Fisheries NMFS issue an emergency rule to close not significant under Executive Order Service (NMFS), National Oceanic and an area of Federal waters to the 12866. Atmospheric Administration (NOAA), harvesting of bivalve molluscan Commerce. The Assistant Administrator for shellfish intended for human Fisheries, NOAA, finds good cause ACTION: Temporary rule; emergency consumption because of toxic algal pursuant to 5 U.S.C. 553(b)(B) to waive action; request for comments. blooms off the coasts of New Hampshire prior notice and the opportunity for SUMMARY: At the request of the U.S. and Massachusetts. This closure public comments for this action, as prior Food and Drug Administration (FDA), prohibited harvests of shellfish such as notice and comment would be NMFS closed portions of Federal waters Atlantic surfclams and ocean quahogs, impractical and contrary to the public of the Gulf of Maine, Georges Bank, and as well as scallop viscera. The interest. The original emergency closure southern New England from June 14, emergency rule for the action, in effect was in response to a public health 2005, through September 30, 2005, to from June 14 through September 30, emergency. With certain exceptions, the harvest for human consumption of 2005, was published in the Federal that emergency no longer exists. certain bivalve molluscan shellfish due Register on June 16, 2005 (70 FR 35047). Therefore to continue the closure to the to the presence in those waters of the The emergency rule was modified on harvest of shellfish through September toxin that causes Paralytic Shellfish July 7, 2005 (70 FR 39192) to allow for 30, 2005, would service no purpose and Poisoning (PSP). The FDA has the collection of biological samples by be contrary to the public interest. In determined that harvesting for human commercial fishing vessels issued a addition, because this rule relieves a consumption of bivalve molluscan Letter of Authorization signed by the restriction by reopening a previously shellfish other than whole and roe-on Regional Administrator. closed portion of the current closed scallops from a portion of the closed The action temporarily closed all area, it is not subject to the 30-day area is now safe and may be resumed. Federal waters of the Exclusive delayed effectiveness provision of the As a result, NMFS is modifying its Economic Zone of the northeastern APA pursuant to 5 U.S.C. 553(d)(1). previous closure to allow such fishing. United States to any bivalve molluscan Because a notice of proposed DATES: Effective September 9, 2005 shellfish harvesting, except for Atlantic rulemaking is not required for this rule through September 30, 2005. Comments sea scallops shucked at sea for their by 5 U.S.C. 553 or any other law, the must be received by October 11, 2005. adductor muscles, in the area bound by analytical requirements of the the following coordinates in the order ADDRESSES: Comments may be ° ′ ° ′ Regulatory Flexibility Act (5 U.S.C. 601 submitted by any of the following stated: (1) 43 00 N. lat., 71 00 W. long.; et seq.) are not applicable. (2) 43°00′ N. lat., 69°00′ W. long.; (3) methods: ° ′ ° ′ ° ′ List of Subjects in 50 CFR Part 648 • E-mail: [email protected]. 40 00 N. lat., 69 00 W. long.; (4) 40 00 ° ′ Include in the subject line the following: N. lat., 71 00 W. long., and then ending Fisheries, Fishing, Reporting and ‘‘Comments on Modification of the at the first point. Further details of the recordkeeping requirements. original closure may be found in the Emergency Rule for Area Closure Due to Dated: September 6, 2005. PSP.’’ June 16, 2005, and the July 7, 2005, • Federal e-Rulemaking Portal: http:// Federal Register rules and are not James W. Balsiger, www.regulations.gov. repeated here. Acting Deputy Assistant Administrator for • Mail: Paper, disk, or CD-ROM As a result of tests conducted by the Regulatory Programs, National Marine comments should be sent to Patricia A. FDA in cooperation with NMFS and the Fisheries Service. Kurkul, Regional Administrator, fishing industry, FDA has determined I For the reasons set out in the National Marine Fisheries Service, One that PSP toxin levels in a portion of the preamble, 50 CFR part 648 is amended Blackburn Drive, Gloucester, MA 01930. closed area (described below) are now as follows: Mark the outside of the envelope well below those known to cause illness ‘‘Comments on Modification of the in humans. With the exception of whole PART 648—FISHERIES OF THE Emergency Rule for Area Closure Due to and roe-on scallops, the FDA has NORTHEASTERN UNITED STATES determined that harvesting of bivalve PSP.’’ I • Fax: (978) 281–9135. molluscan shellfish for human 1. The authority citation for part 648 Copies of the modified emergency consumption from the area described is continues to read as follows: rule are available from Patricia A. once again safe. Authority: 16 U.S.C. 1801 et seq.

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I 2. In § 648.14, paragraph (a)(166) is mussels, with the exception of sea bound by the following coordinates in suspended and paragraph (a)(170) is scallops harvested only for adductor the order stated: (1) 43°00′ N. lat., 71°00′ added to read as follows: muscles and shucked at sea, or a vessel W. long.; (2) 43°00′ N. lat., 69°00′ W. issued and possessing on board a Letter long.; (3) 41°39′ N. lat., 69°00′ W. long.; § 648.14 Prohibitions. of Authorization (LOA) from the (4) 41°39′ N. lat., 71°00′ W. long., and (a) * * * Regional Administrator authorizing the then ending at the first point. (170) Fish for, harvest, catch, possess, collection of shellfish for biological * * * * * or attempt to fish for, harvest, catch, or sampling and operating under the terms possess any bivalve shellfish, including and conditions of said LOA, in the area [FR Doc. 05–17986 Filed 9–7–05; 10:44 am] Atlantic surfclams, ocean quahogs, and of the U.S. Exclusive Economic Zone BILLING CODE 3510–22–S

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Proposed Rules Federal Register Vol. 70, No. 174

Friday, September 9, 2005

This section of the FEDERAL REGISTER • Federal eRulemaking Portal: Go to Some turkey slaughter establishments contains notices to the public of the proposed http://www.regulations.gov. Follow the cut a J-type opening in the turkey issuance of rules and regulations. The online instructions at that site for carcass, which is a large abdominal purpose of these notices is to give interested submitting comments. Electronic mail: opening in the turkey that facilitates the persons an opportunity to participate in the [email protected]. removal of the viscera. These rule making prior to the adoption of the final rules. All submissions received must establishments use a metal or plastic include the Agency name and docket device that is inserted into the cavity of number 04–033P. the carcass to hold the hocks. Other DEPARTMENT OF AGRICULTURE All comments submitted in response establishments leave a section of skin to this proposal, as well as research and intact between the vent and body Food Safety and Inspection Service background information used by FSIS in opening to secure the hocks. This type developing this document, will be of opening is called a Bar-type cut 9 CFR Part 381 available for public inspection in the opening. FSIS Docket Room at the address listed When the final NTI System [Docket No. 04–033P] above between 8:30 a.m. and 4:30 p.m., regulations were published in 1985 (50 RIN 0583–AC60 Monday through Friday. The comments FR 37508), because of the shackles that also will be posted on the Agency’s Web were used, Bar-type cut turkeys Allowing Bar-Type Cut Turkey site at http://www.fsis.usda.gov/ presented for inspection on a three- Operations To Use J–Type Cut regulations_&_policies/ point suspension required an extra Maximum Line Speeds 2005_Proposed_Rules_Index/index.asp. inspection hand motion to raise the bar- FOR FURTHER INFORMATION CONTACT: Dr. cut skin flap to observe the under side AGENCY: Food Safety and Inspection of the bar-cut skin flap and the kidney Service, USDA. Shaukat Syed, Director, New Technology Staff, Office of Policy, area. This extra hand motion is not ACTION: Proposed rule. Program, and Employee Development, necessary to inspect J-type cut turkeys. SUMMARY: The Food Safety and Food Safety and Inspection Service, Therefore, the regulations require a Inspection Service (FSIS) is proposing U.S. Department of Agriculture, slower line speed for Bar-type cut to amend the Federal poultry products Washington, DC 20250; (202) 205–0675. operations than for J-type cut inspection regulations to provide that SUPPLEMENTARY INFORMATION: operations. The preamble to the final NTI system regulations explains that the turkey slaughter establishments that Background open turkey carcasses with Bar-type maximum inspection rates in these cuts may operate at the maximum line The Poultry Products Inspection Act regulations were established by work speeds established for J-type cuts, if the (PPIA) requires post-mortem inspection measurement calculations and were establishment uses the specific type of of all carcasses of slaughtered poultry based on the amount of time necessary shackle described in this proposed rule. subject to the Act and such reinspection for an inspector to properly perform the Under this proposed rule, as under as deemed necessary (21 U.S.C. 455(b)). correct inspection procedure (50 FR current regulations, the inspector in Under traditional post-mortem turkey 37511). charge will reduce line speeds when, in inspection, one inspector inspects the The NTI System regulations provide his or her judgment, the prescribed whole bird and is responsible for the that the line speeds are for lines using inspection procedure cannot be proper disposition of the bird, including standard 9-inch shackles on 12-inch adequately performed within the time any required trimming, before it leaves centers with birds hung on every available because of the health the inspection station. Under the New shackle and opened with J- or Bar-type conditions of a particular flock or Turkey Inspection (NTI) System openings cuts. The regulations also state because of other factors. Such factors regulations, one or two inspectors on that maximum rates for those include the manner in which birds are each eviscerating line examine the establishments having varying being presented to the inspector for whole carcass and viscera of each bird. configurations will be established by the inspection and the level of Establishments are responsible for Administrator but will not exceed those contamination among the birds on the independently performing the necessary in the table in 9 CFR 381.68(c). line. trimming of designated defects on Therefore, the regulations prohibit an passed carcasses. Establishments also establishment processing carcasses with DATES: Comments must be received on must meet certain facilities Bar-type cuts from using the J-type cut or before December 8, 2005. requirements to use the NTI System (9 line speeds (9 CFR 381.68(a)). ADDRESSES: FSIS invites interested CFR 381.36(e)). The NTI System allows As is explained in the preamble to the persons to submit comments on this establishments to run their eviscerating final NTI System regulations, the proposal. Comments may be submitted lines at a faster rate than they can under maximum line speeds in the NTI by any of the following methods: traditional inspection. System regulations will be achieved • Mail, including floppy disks or CD– The NTI System regulations (9 CFR only when all plant conditions are ROM’s, and hand- or courier-delivered 381.68) provide maximum line speeds optimal (50 FR 37510). The regulations items: Send to Docket Clerk, U.S. for: (1) One inspector and two inspector state that the inspector in charge may Department of Agriculture, Food Safety lines; (2) light (under 16 pounds) and reduce inspection line rates when, in and Inspection Service, 300 12th Street, heavy (over 16 pounds) turkeys; and (3) his or her judgment, the prescribed SW., Room 102 Cotton Annex, turkeys with J-type cut openings and inspection procedure cannot be Washington, DC 20250. turkeys with Bar-type cut openings. adequately performed within the time

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available because the health conditions (FPS) records for the week prior to establishments that process Bar-type cut of a particular flock dictate a need for testing and the days testing was turkey carcasses with modified a more extended inspection (9 CFR performed. The FPS for turkeys are not shackles, using the faster line speeds for 381.68(c)). included in the Federal poultry J-type cuts, submitted a petition to FSIS products inspection regulations. requesting that the Agency revise its Development of Modified Shackle FSIS evaluated the presentation regulations to allow turkey In 1988, a turkey slaughter records, prechill FPS data, and postchill establishments that use Bar-type cuts establishment developed a turkey FPS data from this study and concluded and modified shackles to operate under shackle that positioned the three-point that the data showed no differences in the inspection rates (line speeds) hung turkey carcasses on a shackle with processed turkeys attributable to the established for J-type cuts. The petition a 4 inch by 4 inch selector (or kickout), line speed changes during the period of stated that this revision to the a 45 degree bend of the lower 2 inches, the study or between the test period and regulations would not affect product an extended central loop portion of the the previous week. FSIS concluded that, quality or safety. The petition also shackle that lowered the abdominal in a Bar-type cut operation using the stated that this revision to the cavity opening of the carcasses to an modified shackle and regulatory regulations would promote fair angle of 30 degrees from the vertical in maximum J-type cut line speeds, regulatory competition in the direct alignment with the inspector’s establishment employees and FSIS marketplace by allowing establishments view, and a width of 10.5 inches. This inspectors are able to perform as well as operating under the faster line speeds to shackle allows light to illuminate the they did when using the slower, better manage their assets. total inside surfaces of the carcass and regulatory maximum Bar-type cut line allows FSIS inspectors to view and speeds. FSIS also concluded that, Proposed Changes properly inspect the inside surfaces of because the modified shackle allowed Based on the in-plant trial data the carcass with minimal manipulation. for modification of the inspection hand discussed above, FSIS agrees with Thus, with the modified shackles, the motions, use of the modified shackle ConAgra Foods that the change the Bar-type cut inspection hand motions also decreases the inspector’s work load company requested would not affect are similar to the J-type cut inspection for the Bar-type cut inspection product quality or safety. As is hand motions. procedure. discussed under the ‘‘Executive Order After the turkey slaughter Under 9 CFR 381.3(b), for limited 12866’’ heading below, this rule will establishment installed the modified periods, the Administrator may waive likely result in benefits to shackles, FSIS conducted a study on the provisions of the regulations to permit establishments and to FSIS. The Agency effectiveness of these shackles. From experimentation so that new has tentatively concluded that this rule April 12 to 14, 1988, on a two-inspector procedures, equipment, and processing would facilitate post-mortem inspection NTI Bar-type cut line, FSIS observed techniques may be tested to facilitate of turkey carcasses. Therefore, 2,000 light turkeys moving at 45 birds definite improvements. Therefore, consistent with the petitioner’s request, per minute and 3,000 heavy turkeys under this regulation, on July 21, 1989, FSIS is proposing to amend the NTI moving at 35 birds per minute. FSIS the Administrator waived the NTI System regulations to provide that observed line speeds for these turkey System regulations for the first turkey slaughter establishments that carcasses on the modified shackles at establishment that installed the open turkey carcasses with Bar-type the regulatory maximum line speeds for modified shackles, so that the Bar-type cuts may operate at the maximum line Bar-type cut turkeys. On a two-inspector cut establishment could run at the speeds established for J-type cuts, if the NTI Bar-type cut line, FSIS also maximum line speeds for J-type cut establishment uses a shackle with a 4 observed 2,000 light turkeys moving at turkeys. That establishment is no longer inch by 4 inch selector (or kickout), a 45 51 birds per minute and 3,000 heavy using the modified shackle. degree bend of the lower 2 inches, an turkeys moving at 41 birds per minute. Two other turkey slaughter extended central loop portion of the FSIS observed line speeds for Bar-type establishments that have Bar-type cut shackle that lowers the abdominal cut turkeys on the modified shackles at operations have also installed the cavity opening of the carcasses to an the regulatory maximum J-type cut line modified shackles described above. angle of 30 degrees from the vertical in speeds. Under 9 CFR 381.3(b), FSIS has allowed direct alignment with the inspector’s Three FSIS public health both of these establishments to run at view, and a width of 10.5 inches. veterinarians observed every third bird the maximum line speeds for J-type cut As is discussed above, FSIS has to get a representative sample from each turkeys. FSIS authorized one to begin already allowed establishments that use of the two inspector lines. The FSIS operating at the faster line speeds on the modified shackle for turkey public health veterinarians observed the June 15, 2001, and the other on March carcasses with Bar-type cut openings to whole birds to determine whether any 17, 2004. FSIS reviewed in-plant trial operate at J-type cut line speeds under obvious or borderline condemnable data from these establishments, 9 CFR 381.3(b). However, FSIS may birds passed inspection. Other data FSIS including: Disposition accuracy, exempt establishments from regulatory collected included (1) the number of contamination rate, microbiological requirements for a limited period of birds slaughtered on the three days that characteristics, and other product time only. For the two Bar-type cut FSIS conducted this study, (2) the total characteristics. The data show no turkey establishments that use the numbers of light and heavy turkeys statistical difference between turkeys modified shackle and run at the reprocessed on April 13 and 14 from processed using the modified Bar-type maximum J-type cut line speeds to be lines moving at the regulatory maximum cut shackle running at the faster J-type able to run at these line speeds on a speed for Bar-type cut turkeys and lines cut line speeds and turkeys processed at permanent basis, it is necessary that moving at the regulatory maximum the same establishment using the FSIS amend the regulations. speed for J-type cut turkeys, (3) the original Bar-type cut shackle (non- In addition, it is necessary that FSIS presentation records from the week modified) running at the slower Bar- amend the regulations to allow all prior to the study and the days the study type cut line speeds. turkey slaughter establishments that was conducted, and (4) the prechill and On February 19, 2004, ConAgra may use Bar-type cut openings to run at postchill Finished Product Standards Foods, the parent company of the the maximum J-type cut line speeds,

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provided that such establishments use Inspection system regulations were integrated framework of turkey the correct shackles, and provided that published in 1985, because of the contracting, establishments (integrators) the health conditions of the flock or shackles that were used, Bar-type cut accept much of the risk of turkey other factors do not cause the inspector turkeys presented for inspection on a growing in exchange for greater control in charge to reduce the line speed. three-point suspension required an extra over both the quality and quantity of Under this proposed rule, as under inspection hand motion to raise the bar- birds. Usually, the contract calls for current regulations, the inspector in cut skin flap to observe the under side establishments to provide growers with charge could reduce line speeds when, of the bar-cut skin flap and the kidney chicks or poult hatchlings and feed from in his or her judgment, the prescribed area. This extra hand motion is not their own hatcheries and feed mills, inspection procedure cannot be necessary for inspection of J-type cuts. veterinary services, medication, and adequately performed within the time Therefore, the regulations require a field supervisors to monitor operations. available because of the health slower line speed for Bar-type cut The contract growers provide housing, conditions of a particular flock. In operations than for J-type cut equipment, labor, water, and all or most addition, this proposed rule makes clear operations. With the modified shackle of the fuel and litter. Growers raise the that the inspector in charge could described in the proposed rule, Bar-type birds until ready for shipment to the reduce line speeds when the prescribed cut inspection hand motions are similar establishments. In their contractual inspection procedure cannot be to the J-type cut inspection hand arrangements with growers, adequately performed within the time motions. Based on in-plant trial data, establishments usually agree to pay a available because of factors other than establishments that use the modified pre-established fee per pound for live the health conditions of the flock. FSIS shackle to process Bar-type cut turkeys turkeys plus a bonus or penalty for is proposing to amend the regulations to can operate under inspection using the performance relative to other growers.3 state that factors that could cause the J-type cut line speeds as effectively as In 2003, the number of turkeys raised inspector in charge to reduce line they could operate under the Bar-type in the United States was 274 million speeds could include the manner in cut line speeds. heads, weighing an average of 27.5 which birds are being presented to the This rule is also necessary to make pounds. In 2003, the number of pounds inspector for inspection and the level of clear that the inspector in charge could of turkey produced was 7.5 billion contamination among the birds on the reduce line speeds when, in his or her pounds. At a rate of 36 cents per pound, line. judgment, the prescribed procedure the value of production equaled $2.7 This proposed change clarifies that cannot be adequately performed within billion. The top 10 turkey processing the inspector has discretion to slow the the time available because of factors in states in 2003 were Minnesota (1.2 line for reasons other than the health addition to the health conditions of a billion pounds), North Carolina (1.1 conditions of the flock, if the reasons are particular flock. Other factors that could billion pounds), Missouri (816 million consistent with other poultry inspection cause the inspector in charge to reduce pounds), South Carolina (494 million regulations. The regulations concerning line speeds include the manner in pounds), Virginia (492 million pounds), the young chicken and squab slaughter which birds are being presented to the Arkansas (477 million pounds), inspection rate maximums under inspector for inspection and the level of California (418 million pounds), Indiana traditional inspection procedure contamination among the birds on the (396 million pounds), Iowa (267 million provide that the inspector in charge may line. pounds), and Pennsylvania (215 million 4 reduce production line rates when the Industry Overview pounds). The 25 large producers prescribed inspection procedure cannot accounted for 91 percent, or 6.8 billion be adequately performed within the According to FSIS’ Animal pounds, of the 7.5 billion pounds of time available, either because the birds Disposition Reporting System (ADRS), turkey produced in 2003. are not presented in a manner that the U.S. turkey industry consists of U.S. consumption of turkey and makes the carcasses readily accessible approximately 80 slaughter and turkey products are estimated to be at 17 for inspection, or because the health processing establishments, of which 25 pounds per person for 2004. The most conditions of a particular flock dictate a are considered very small, 30 are popular turkey product continues to be need for a more extended inspection considered small, and 25 are considered the whole turkey, comprising 25 percent 1 procedure (9 CFR 381.67). Similarly, the large. The total industry employs of all turkey sales in 2003. Streamlined Inspection System (SIS) between 20,000 and 25,000 people in U.S. exports of turkey products in regulations provide that the inspector in the United States, with thousands more 2003 were 480 million pounds, charge determines the line speed based employed in related industries, such as comprising 9 percent of total turkey on a variety of conditions, including the contract growing, product distribution, production. In 2003, the top four export health of each flock and the manner in equipment manufacturing, and many markets for U.S. turkey products were 2 which birds are being presented to the other affiliated services. Mexico (241 million pounds), Hong inspector for inspection (9 CFR Turkey companies are vertically Kong (45 million pounds), Taiwan (30 381.76(b)(1)(ii)). integrated, meaning that they control or million pounds) and Russia (25 million contract for all phases of production and pounds).5 Executive Order 12866 processing—from breeding through Traditionally, turkey plants have This action has been reviewed for delivery to retail. In a vertically faced highly seasonal demand, with compliance with Executive Order (EO) most production occurring in the last 12866. This rule has been designated 1 In the preamble to the final rule entitled, quarter of the year to accommodate the ‘‘Pathogen Reduction; Hazard Analysis and Critical ‘‘non-significant’’ and therefore has not Control Point (HACCP) Systems,’’ establishments been reviewed by the Office of that employ between 1–9 persons and have less 3 USDA Structural Change in U.S. Chicken and Management and Budget. than $2.5 million in annual sales are considered Turkey Slaughter, Michael Ollinger, James very small; those that employ 10 to 499 persons are MacDonald, Milton Madison, September 2000, pp. Need for the Rule considered small; and those that employ 500 or 11–12 (ERS Agricultural Economic Report Number more persons are considered large. 787). This rule is necessary to provide more 2 National Turkey Federation Web site (http:// 4 USDA Poultry Slaughter 2003 Annual production options for turkey slaughter www.eatturkey.com/index.html). Turkey Facts and Summary, March 2004. establishments. When the New Turkey Trivia. 5 National Turkey Federation Statistics.

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increased consumption of turkeys establishments would install modified and are only likely to do so should they around Christmas and Thanksgiving. shackles. incur profits through the faster line Because of a shift in consumers’ taste for The use of the modified shackles for speed for the production of whole turkey and turkey products, consumers Bar-type cut turkeys, compared to the turkeys. Based on the ADRS data are consuming more turkey products traditional shackles for these turkeys, discussed above, there are about 30 such as turkey sausages, ground turkey, changes the presentation of the turkey, small turkey slaughter establishments luncheon meat, tray packs; pre-cooked so that the inspector need not that could potentially install modified turkey products such as deli breasts, manipulate the bar skin strip to observe shackles. Very small establishments are turkey ham, and turkey bacon; and other the underside of that flap and the not likely to install modified shackles, further processed turkey products on a kidney area. Therefore, FSIS may realize because they are seasonal turkey year-round basis. More consumers are benefits because the inspectors would processors. consuming turkey on a year-round basis not be required to perform this extra Executive Order 12988 because of health concerns and turkey’s hand motion. The elimination of this nutritional value that addresses those extra hand motion may reduce undue This proposed rule has been reviewed concerns.6 This trend in consumption fatigue among turkey inspectors. Also, under Executive Order 12988, Civil reduces the excess capacity that plants the elimination of the extra hand motion Justice Reform. This rule: (1) Preempts were experiencing during much of the decreases the inspection work load at all State and local laws and regulations year to a more balanced production the Bar-type cut establishments. that are inconsistent with this rule; (2) cycle year round. By supplying turkey Based on in-plant trial data from Bar- has no retroactive effect; and (3) does and turkey products year round, turkey type cut turkey slaughter establishments not require administrative proceedings plants were able to stabilize production that ran at the J-type cut maximum line before parties may file suit in court rates. Stabilized production rates lower speeds and that used the modified challenging this rule. shackle described in this proposed rule, production costs because plants are able Paperwork Reduction Act to avoid hiring, training, laying off this rule would not affect production employees, and starting up and shutting quality or safety. There are no paperwork or down of facilities on a seasonal basis. recordkeeping requirements associated Estimated Costs with this proposed rule under the Estimated Benefits The costs of this rule would be the Paperwork Reduction Act of 1995 (44 Establishments that process Bar-type costs establishments would incur for U.S.C. 3501–3520). purchasing and installing the modified cut turkeys and install the modified Public Notification and Request for shackles. Establishments would not shackles will likely realize benefits Data because these establishments will be likely incur these costs unless they able to process more turkeys by using would realize benefits. Industry sources Public awareness of all segments of the J-type cut line speeds than they can estimate that it would cost a typical rulemaking and policy development is process by using the Bar-type cut line plant $50,000 to install modified important. Consequently, in an effort to speeds. According to ConAgra Foods, shackles on two assembly lines. ensure that the public and in particular the company that petitioned FSIS to If this rule is adopted, in addition to minorities, women, and persons with amend the NTI System regulations, by the two turkey slaughter establishments disabilities, are aware of this proposed using the J-type cut line speeds, a turkey that use the modified shackles, other rule, FSIS will announce it on-line plant processing Bar-type cut turkeys turkey slaughter establishments that through the FSIS Web page located at can increase its production capacity by process whole birds may choose to http://www.fsis.usda.gov/ install modified shackles. Even if all 80 regulations_&_policies/ 13 percent. Also according to ConAgra _ _ _ Foods, under typical pricing and turkey slaughter establishments (based 2005 Proposed Rules Index/index.asp. The Regulations.gov Web site is the operation parameters, this increase will on the 2003 ADRS data) install the central online rulemaking portal of the result in increased revenue of $600,000 modified shackles, the total first-year United States Government. It is being to $3,000,000 annually per cost to establishments would only be offered as a public service to increase establishment. FSIS requests comments $4.0 million, based on the cost estimate participation in the Federal on typical pricing and operation of $50,000 per establishment. Government’s regulatory activities. FSIS parameters for turkey slaughter Regulatory Flexibility Act (RFA) participates in Regulations.gov and will establishments. An increase in capacity FSIS has examined the economic accept comments on documents to process turkeys will allow implications of the proposed rule as published on the site. The site allows establishments to receive a greater required by the Regulatory Flexibility visitors to search by keyword or return on their fixed assets. Consumers Act (5 U.S.C 601–612). If a rule has a Department or Agency for rulemakings may realize benefits as a result of this significant economic impact on a that allow for public comment. Each rule if establishments using the substantial number of small entities, the entry provides a quick link to a modified shackle pass some of their cost Regulatory Flexibility Act requires that comment form so that visitors can type savings along to consumers in the form the regulatory options that would lessen in their comments and submit them to of reduced prices. If all 80 turkey slaughter the economic effect of the rule on small FSIS. The Web site is located at establishments (based on the 2003 entities be analyzed. FSIS has http://www.regulations.gov/. FSIS also will make copies of this ADRS data) install the modified determined that the proposed rule Federal Register publication available shackles, annual undiscounted benefits would not have a significant impact on through the FSIS Constituent Update, could range from $48 million to $240 a substantial number of small entities which is used to provide information million. However, it is not realistic to for the reasons discussed below. One of the establishments using the regarding FSIS policies, procedures, assume that all 80 turkey slaughter modified shackle is small and one is regulations, Federal Register notices, 6 Consumers are recognizing the health benefits of large. Under the proposed rule, turkey FSIS public meetings, recalls, and other turkey as a low-fat, high-protein source. National slaughter establishments would not be types of information that could affect or Turkey Federation Web site. required to install modified shackles would be of interest to our constituents

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and stakeholders. The update is List of Subjects in 9 CFR Part 381 (NTI–1 and NTI–1 Modified) and two communicated via Listserv, a free e-mail Poultry products inspection, Post- inspectors New Turkey Inspection subscription service consisting of Mortem. (NTI–2 and NTI–2 Modified) are listed industry, trade, and farm groups, For the reasons discussed in the in the table below. The line speeds for consumer interest groups, allied health preamble, FSIS is proposing to amend 9 NTI–1 and NTI–2 are for lines using professionals, scientific professionals, CFR part 381 as follows: standard 9-inch shackles on 12-inch and other individuals who have centers with birds hung on every requested to be included. The update PART 381—POULTRY PRODUCTS shackle and opened with J-type or Bar- also is available on the FSIS Web page. INSPECTION REGULATIONS type opening cuts. The line speeds for Through Listserv and the Web page, NTI–1 Modified and NTI–2 Modified FSIS is able to provide information to a 1. The authority citation for part 381 continues to read as follows: are for Bar-type cut turkey lines using a much broader, more diverse audience. shackle with a 4-inch by 4-inch selector Authority: 21 U.S.C. 451 et seq. In addition, FSIS offers an e-mail (or kickout), a 45 degree bend of the subscription service which provides an 2. Section 381.68 would be amended lower 2 inches, an extended central loop automatic and customized notification as follows: portion of the shackle that lowers the when popular pages are updated, a. Paragraph (a) would be amended by abdominal cavity opening of the revising the first two sentences and by including Federal Register publications carcasses to an angle of 30 degrees from adding a new sentence after the second and related documents. This service is the vertical in direct alignment with the newly revised sentence; available at http://www.fsis.usda.gov/ inspector’s view, and a width of 10.5 _ _ _ b. Paragraph (c) would be amended by news and events/email subscription/ inches. * * * and allows FSIS customers to sign up text after the phrase ‘‘particular flock’’ ; * * * * * for subscription options across eight and by revising the table and footnotes. The revisions and additions would categories. Options range from recalls to (c) * * * or other factors, including read as follows: export information to regulations, the manner in which birds are being directives, and notices. Customers can § 381.68 Maximum inspection rates—New presented to the inspector for inspection add or delete subscriptions themselves turkey inspection system. and the level of contamination among and have the option to password protect (a) The maximum inspection rates for the birds on the line, * * * their account. one inspector New Turkey Inspection

Birds/minute Line con- Number of J-type Bar-type Inspection system figuration inspectors (>16#) 1 (>16#) 1 (<16#) light heavy (<16#) light heavy

NTI–1 ...... 12–1 1 32 30 25 21 NTI–2 ...... 2 24–2 2 51 41 45 35 NTI–1 Modified ...... 12–1 1 ...... 32 30 NTI–2 Modified ...... 2 24–2 2 ...... 51 41 1 This weight refers to the bird at the point of post-mortem inspection without blood or feet. 2 The turkeys are suspended on the slaughter line at 12-inch intervals with two inspectors each looking at alternating birds at 24-inch intervals.

* * * * * DEPARTMENT OF TRANSPORTATION Components Inc. (ECi) cylinder Done in Washington, DC, on: September 6, assemblies, part number (P/N) Federal Aviation Administration 2005. AEL65102 series ‘‘Classic Cast,’’ installed. This proposed AD would Barbara J. Masters, 14 CFR Part 39 require replacing these ECi cylinder Administrator. assemblies. This proposed AD results [FR Doc. 05–17887 Filed 9–8–05; 8:45 am] [Docket No. FAA–2005–22358; Directorate Identifier 2005–NE–20–AD] from reports of about 30 failures of the BILLING CODE 3410–DM–P subject cylinder assemblies marketed by RIN 2120–AA64 ECi. We are proposing this AD to prevent loss of engine power due to Airworthiness Directives; Engine cracks in the cylinder assemblies and Components Inc. (ECi) Reciprocating possible engine failure caused by Engine Cylinder Assemblies separation of a cylinder head. AGENCY: Federal Aviation DATES: We must receive any comments Administration (FAA), Department of on this proposed AD by November 8, Transportation (DOT). 2005. ACTION: Notice of proposed rulemaking ADDRESSES: Use one of the following (NPRM). addresses to comment on this proposed AD. SUMMARY: The FAA proposes to adopt a • DOT Docket Web site: Go to http:// new airworthiness directive (AD) for dms.dot.gov and follow the instructions (formerly Textron for sending your comments Lycoming) models 320, 360, and 540 electronically. series, ‘‘Parallel Valve’’ reciprocating • Government-wide rulemaking Web engines, with certain Engine site: Go to http://www.regulations.gov

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and follow the instructions for sending 5227) is located on the plaza level of the We are proposing this AD, which your comments electronically. Department of Transportation Nassif would require the following: • Mail: Docket Management Facility; Building at the street address stated in • Determine if ECi cylinder U.S. Department of Transportation, 400 ADDRESSES. Comments will be available assemblies, P/N AEL65102 series Seventh Street, SW., Nassif Building, in the AD docket shortly after the DMS ‘‘Classic Cast’’, with casting P/N Room PL–401, Washington, DC 20590– receives them. AEL65099 and SN 1 through 9879 are 0003. Discussion installed on your engine; and • Fax: (202) 493–2251. • If any cylinder assembly is an ECi • Hand Delivery: Room PL–401 on We received reports of about 30 P/N AEL65102 series ‘‘Classic Cast’’, the plaza level of the Nassif Building, failures of ECi cylinder assemblies, P/N with casting P/N AEL65099 and a SN 1 400 Seventh Street, SW., Washington, AEL65102 series, with casting P/N through 9879, and has fewer than 800 DC, between 9 a.m. and 5 p.m., Monday AEL65099, installed on Lycoming operating hours-in-service (HIS) on the through Friday, except Federal holidays. Engines models 320, 360, and 540 effective date of the proposed AD, You may examine the comments on series, parallel valve reciprocating replace the cylinder assembly at no later this proposed AD in the AD docket on engines. Parallel valve Lycoming than 800 operating HIS. No action is the Internet at http://dms.dot.gov. reciprocating engines are identified by the intake and exhaust valves in a required until the operating HIS reaches FOR FURTHER INFORMATION CONTACT: parallel configuration. We investigated 800 hours. Peter Hakala, Aerospace Engineer, the failures and discovered that cylinder • If any cylinder assembly is an ECi Special Certification Office, FAA, head fatigue cracks start in the thin wall Rotorcraft Directorate, 2601 Meacham P/N AEL65102 series ‘‘Classic Cast’’, located between the counter-bore of the with casting P/N AEL65099 and a SN 1 Blvd., Fort Worth, TX 76193; telephone exhaust valve seat and adjacent cooling (817) 222–5145; fax (817) 222–5785. through 9879, and has 800 operating fin root. Our investigation concluded HIS or more on the effective date of the SUPPLEMENTARY INFORMATION: that the wall thickness of the affected proposed AD, replace the cylinder Comments Invited area is too thin, making the wall assembly within 60 operating HIS after vulnerable to fatigue cracking. Our the effective date of the proposed AD. We invite you to send us any written investigation also concluded that the • After the effective date of the relevant data, views, or arguments fatigue origin is not associated with proposed AD, do not install any ECi regarding this proposal. Send your surface damage resulting from cylinder cylinder assembly, P/N AEL65102, with comments to an address listed under head over-temperature conditions. casting P/N AEL65099 that has a SN 1 ADDRESSES. Include ‘‘Docket No. FAA– Based on these findings, we issued through 9879, onto any engine. 2005–22358; Directorate Identifier Special Airworthiness Information 2005–NE–20–AD’’ in the subject line of Bulletin (SAIB) No. NE–01–32, dated Costs of Compliance your comments. We specifically invite July 18, 2001, to alert owners and comments on the overall regulatory, operators to visually inspect, and to There were 9,879 ECi cylinder economic, environmental, and energy report and replace ECi cylinder heads if assemblies produced of the affected aspects of the proposed AD. We will found cracked. design available to the worldwide fleet. consider all comments received by the As a result of our investigation and ECi reported that about fifteen percent closing date and may amend the issuing SAIB No. NE–01–32, ECi of their cylinder assemblies go to foreign proposed AD in light of those introduced an improved cylinder head countries. We estimate ten percent of comments. design for casting P/N AEL65099, the remaining cylinders were never We will post all comments we starting with serial number (SN) 9880. installed or are already removed from receive, without change, to http:// Their design change increased the service, leaving 7,557 cylinder dms.dot.gov, including any personal cylinder head exhaust port wall assemblies in service in the United information you provide. We will also thickness. Since the issuance of the States. We estimate that 1,574 Lycoming post a report summarizing each SAIB, we continue to receive reports of engines are in the United States with the substantive verbal contact with FAA cracking of ECi cylinder assemblies with subject cylinder assemblies installed. personnel concerning this proposed AD. casting P/N AEL65099, SNs 1 through We estimate that it would take about Using the search function of the Docket 9879. The most recent report, from two work hours per engine to perform Management System (DMS) Web site, , described three cylinders the proposed aircraft inspections of the anyone can find and read the comments showing cracks, with two of the cylinder assemblies for applicability, in any of our dockets, including the cylinders separating from the barrel. and that the average labor rate is $65 per name of the individual who sent the This condition, if not corrected, could work hour. From the Lycoming Engines comment (or signed the comment on result in loss of engine power due to ‘‘Removal and Installation Labor behalf of an association, business, labor cracks in the cylinder assembly and Allowance Guidebook’’, dated May union, etc.). You may review the DOT’s possible engine failure caused by 2000, the complete cylinder complete Privacy Act Statement in the separation of a cylinder head. This replacement for a four cylinder engine Federal Register published on April 11, proposed AD only applies to ECi takes 12 hours, while the complete 2000 (65 FR 19477–78) or you may visit ‘‘Classic Cast’’ cylinder assemblies cylinder replacement for a six cylinder http://dms.dot.gov. identified with casting P/N AEL65099 engine takes 16 hours. Required parts and SNs 1 through 9879. would cost about $1,000 per cylinder Examining the AD Docket assembly. Based on these figures, we You may examine the docket that FAA’s Determination and Requirements estimate the total cost of the proposed contains the proposal, any comments of the Proposed AD AD to U.S. operators to be $9,152,140. received and, any final disposition in We have evaluated all pertinent ECi indicated that they might give person at the DMS Docket Office information and identified an unsafe operators and repair stations credit for between 9 a.m. and 5 p.m., Monday condition that is likely to exist or returned cylinder assemblies toward the through Friday, except Federal holidays. develop on other products of this same purchase of new ECi cylinder The Docket Office (telephone (800) 647– type design. assemblies.

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Authority for This Rulemaking States, on the relationship between the PART 39—AIRWORTHINESS national Government and the States, or DIRECTIVES Title 49 of the United States Code on the distribution of power and specifies the FAA’s authority to issue responsibilities among the various 1. The authority citation for part 39 rules on aviation safety. Subtitle I, levels of government. continues to read as follows: section 106, describes the authority of For the reasons discussed above, I Authority: 49 U.S.C. 106(g), 40113, 44701. the FAA Administrator. Subtitle VII, certify that the proposed regulation: Aviation Programs, describes in more 1. Is not a ‘‘significant regulatory § 39.13 [Amended] detail the scope of the Agency’s action’’ under Executive Order 12866; 2. The FAA amends § 39.13 by adding authority. 2. Is not a ‘‘significant rule’’ under the the following new airworthiness We are issuing this rulemaking under DOT Regulatory Policies and Procedures directive: the authority described in subtitle VII, (44 FR 11034, February 26, 1979); and part A, subpart III, section 44701, Engine Components Incorporated (ECi): 3. Would not have a significant Docket No. FAA–2005–22358; ‘‘General requirements.’’ Under that economic impact, positive or negative, Directorate Identifier 2005–NE–20–AD. section, Congress charges the FAA with on a substantial number of small entities Comments Due Date promoting safe flight of civil aircraft in under the criteria of the Regulatory air commerce by prescribing regulations Flexibility Act. (a) The Federal Aviation Administration for practices, methods, and procedures We prepared a regulatory evaluation (FAA) must receive comments on this the Administrator finds necessary for airworthiness directive (AD) action by of the estimated costs to comply with November 8, 2005. safety in air commerce. This regulation this proposed AD. See the ADDRESSES is within the scope of that authority section for a location to examine the Affected ADs because it addresses an unsafe condition regulatory evaluation. (b) None. that is likely to exist or develop on products identified in this rulemaking List of Subjects in 14 CFR Part 39 Applicability action. Air transportation, Aircraft, Aviation (c) This AD applies to Lycoming Engines safety, Safety. (formerly Textron Lycoming) models 320, Regulatory Findings 360, and 540 series, parallel valve, The Proposed Amendment reciprocating engines specified in Table 1 of We have determined that this this AD, with Engine Components Inc. (ECi) proposed AD would not have federalism Under the authority delegated to me cylinder assemblies, part number (P/N) implications under Executive Order by the Administrator, the Federal AEL65102 series ‘‘Classic Cast’’, with casting 13132. This proposed AD would not Aviation Administration proposes to P/N AEL65099 and serial numbers (SNs) 1 have a substantial direct effect on the amend 14 CFR part 39 as follows: through 9879, installed.

TABLE 1.—ENGINE MODELS

Cylinder head part number Installed on engine models

AEL65102–NST04 ...... O–320—A1B, A2B, A2C, A2D, A3A, A3B, B2B, B2C, B3B, B3C, C2B, C2C, C3B, C3C, D1A, D1AD, D1B, D1C, D1D, D1F, D2A, D2B, D2C, D2F, D2G, D2H, D2J, D3G, E1A, E1B, E1C, F1F, E1J, E2A, E2B, E2C, E2D, E2E, E2F, E2G, E2H, E3D, E3H. IO–320—A1A, A2A, B1A, B1B, B1C, B1D, B1E, B2A, C1B, D1A, D1AD, D1B, D1C, E1A, E1B, E2A, E2B. AEIO–320—D1B, D2A, D2B, E1A, E1B, E2B. AIO–320—A1A, A1B, A2A, A2B, B1B, C1B. LIO–320—B1A. AEL65102–NST05 ...... O–320—C1A, C1F, F1A. LIO–320—C1A. AEL65102–NST06 ...... O–320—A1A, A2A, A2B, A2C, A3A, A3B, A3C, E1A, E1B, E2A, E2C. AEL65102–NST07 ...... O–320—A2A, B1A, B1B. AEL65102–NST08 ...... O–320—C1A, C1B, C2A, C2B, C3A, C2B, C3C. AEL65102–NST10 ...... O–360—A1A, A1C, A1D, A2A, A2E, A3A, A3D, A4A, C1A, C1C, C1G, C2A, C2B, C2C, C2D, B1A, B1B, B2A, B2B, D1A, D2A, D2B. IO–360—B1A, B1B, B1C. HO–360—A1A, B1A, B1B. HIO–360—B1A, B1B. AEIO–360—B1B. AEIO–540—A1A, A1A5, A1B5, A1C5, A1D, A1D5, A2B, A3D5, A4A5, A4B5, A4C5, A4D5, B1A5, B1B5, B1C5, B2C5D, B4A5, B4A5D, D1A5, E1A, E4A5, E4B5, E4C5, F1A5, F1B5, G1A5, G2A5. IO–540—C1B5, C1C5, C2C, C4B5, C4B5D, C4C5, D4A5, D4B5, N1A5, N1A5D. AEL65102–NST12 ...... O–360—A1A, A1AD, A1C, A1D, A1F, A1F6, A1F6D, A1G, A1G6, A1G6D, A1H, A1H6, A1J, A1LD, A2A, A2D, A2F, A2G, A2H, A3A, A3AD, A3D, A4A, A4AD, A4D, A4G, A4J, A4JD, A4K, A4M, A4N, A5AD, B1A, C1A, C1E, C1F, C1G, C2A, C2B, C2C, C2D, C2E, D2A, F1A6, G1A6. TIO–360—A1A6D. LTO–360—A1A6D. IO–360—A1G6D, A1H6, B1B, B1BD, B1D, B1E, B1F, B1F6, B2E, B2F, B2F6, B4A, E1A, E4A, F1A. IHO–360—B1A, B1B. AEIO–360—B1B, B1D, B1F, B1F6, B1G6, B2F, B2F6, B4A, H1A. O–540—A4D5, B2B5, B2C5, B2C5D, B4B5, B4B5D, E4A5, E4B5, E4B5D, E4C5, G1A5, G1A5D, G2A5, H1A5, H1A5D, H1B5, H1B5D, H2A5, H2A5D, H2B5D. IO–540—C4A5, C4B5, C4B5D, C4D5D, D4A5, D4B5, D4C5, N1A5, T4A5, T4A5D, T4B5D, T4C5D, V4A5D. AEIO–540—D4A5, D4B5, D4C5. AEL65102–NST26 ...... IO–540—J4A5, R1A5. TIO–540—C1A, E1A, G1A, H1A.

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TABLE 1.—ENGINE MODELS—Continued

Cylinder head part number Installed on engine models

AEL65102–NST38 ...... (T)IO–360—F1A. TIO–360—AA1AD, AB1AD, C1A, C1AD, AF1A, K1AD. LTIO–540—K1AD. AEL65102–NST38 ...... O–540—J1A5D, J1B5D, J1C5D, J1D5D, J2A5D, J2B5D, J2C5D, J3A5, J3A5D, J3C5D. IO–540—L3C5D, W1A5D, W3A5D. AEL65102–NST44 ...... O–540—L3C5D.

For information, the subject engines are installed on, but not limited to, the aircraft listed in the following Table 2:

TABLE 2.—ENGINES INSTALLED ON, BUT NOT LIMITED TO

O–320–A1A ...... Piper Aircraft: Tri-Pacer (PA–22 ‘‘150’’, PA–22S ‘‘150’’), Apache (PA–23), Pawnee (PA–25). Doyn Aircraft: Doyn-Cessna (170, 170A, 170B). Mooney Aircraft: Mark (20A). Dinfia: Ranquel (1A–46). Simmering-Graz Pauker: Flamingo (SGP–M–222). Aviamilano: Scricciolo (P–19). Vos Co.: Spring Bok. O–320–A1B ...... Piper Aircraft: Tri-Pacer (PA–22 ‘‘150’’, PA–22S ‘‘150’’), Apache (PA–23). Doyn Aircraft: Doyn-Cessna (170, 170A, 170B). S.O.C.A.T.A.: Horizon (Gardan). O–320–A2A ...... Piper Aircraft: Tri-Pacer (PA–22 ‘‘150’’, PA–22S ‘‘150’’), Agriculture (PA–18A ‘‘150’’) Super Cub (PA–18 ‘‘150’’), Caribbean (PA–22 ‘‘150’’), Pawnee (PA–25). Intermountain Mfg. Co.: Call Air Texas (A–5, A–5T). Lake Aircraft: Colonial (C–1). Rawdon Bros.: Rawdon (T–1, T–15, T–15D). Shinn Engineering: Shinn (2150–A). Dinfia: Ranquel (1A–46). Neiva: (1PD–5802). Sud: Gardan-Horizon (GY–80). LaVerda: Falco (F8L Series II, America). Malmo: Vipan (MF1–10). Kingsford Smith: Autocrat (SCRM–153). Aero Commander: 100. O–320–A2B ...... Piper Aircraft: Tri-Pacer (PA–22 ‘‘150’’, PA–22S ‘‘150’’), Cherokee (PA–28 ‘‘150’’), Super Cub (PA–18 ‘‘150’’). Champion Aircraft: Challenger (7GCA, 7GCB, 7KC), Citabria (7GCAA, 7GCRC), Agriculture (7GCBA). Beagle: Pup (150). Artic: Interstate S1B2. Robinson: R–22. Varga: Kachina 2150A. O–320–A2C ...... Robinson: R–22. Cicare: Cicare AG. Bellanca Aircraft: Citabria 150 (7GCAA), Citabria 150S (7GCBC). O–320–A2D ...... Piper Aircraft: Apache (PA–23). O–320–A3A ...... Doyn Aircraft: Doyn-Cessna (170, 170A, 170B). Corben-Fettes: Globe Special (Globe GC–1B). O–320–A3B ...... Piper Aircraft: Apache (PA–23). Doyn Aircraft: Doyn-Cessna (170, 170A, 170B). Teal II: TSC (1A2). O–320–B1A ...... Piper Aircraft: Apache (PA–23 ‘‘160’’). Doyn Aircraft: Doyn-Cessna (170, 170A, 170B). Malmo: Vipan (MF1–10). O–320–B1B ...... Piper Aircraft: Apache (PA–23 ‘‘160’’). Doyn Aircraft: Doyn-Cessna (170, 170A, 170B). O–320–B2A ...... Piper Aircraft: Tri-Pacer (PA–22 ‘‘160’’, PA–22S ‘‘160’’). O–320–B2B ...... Piper Aircraft: Tri-Pacer (PA–22 ‘‘160’’, PA–22S ‘‘160’’). Beagle: Airedale (D5–160). Fuji-Heavy Industries: Fuji (F–200). Uirapuru: Aerotec 122. O–320–B2C ...... Robinson: R–22. O–320–B2D ...... Maule: MX–7–160. O–320–B2E ...... Lycon. O–320–B3A ...... Piper Aircraft: Apache (PA–23 ‘‘160’’). Doyn Aircraft: Doyn–Cessna (170, 170A, 170B). O–320–B3B ...... Piper Aircraft: Apache (PA–23 ‘‘160’’). Doyn Aircraft: Doyn–Cessna (170, 170A, 170B). Sud: Gardan (GY80–160).

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TABLE 2.—ENGINES INSTALLED ON, BUT NOT LIMITED TO—Continued O–320–C1A ...... Piper Aircraft: Apache (PA–23 ‘‘160’’). Riley Aircraft: Rayjay (Apache). O–320–C1B ...... Piper Aircraft: Apache (PA–23 ‘‘160’’). O–320–C3A ...... Piper Aircraft: Apache (PA–23 ‘‘160’’). O–320–C3B ...... Piper Aircraft: Apache (PA–23 ‘‘160’’). O–320–D1A ...... Sud: Gardan (GY–80). Gyroflug: Speed Cancard. Grob: G115. O–320–D1F ...... Slingsby: T67 Firefly. O–320–D2A ...... Piper Aircraft: Cherokee (PA–28S ‘‘160’’). Robin: Major (DR400–140B), Chevalier (DR–360), (R–3140). S.O.C.A.T.A.: Tampico TB9. Slingsby: T67C Firefly. Daetwyler: MD–3–160. Nash Aircraft Ltd.: Petrel Aviolight: P66D Delta General Avia: Pinguino. O–320–D2B ...... Beech Aircraft: Musketeer (M–23). Piper Aircraft: Cherokee (PA–28 ‘‘160’’). O–320–D2J ...... Cessna Aircraft: Skyhawk 172 O–320–D3G ...... Piper Aircraft: Warrior II, Cadet (PA–28–161). O–320–E1A ...... Grob: G115 O–320–E1C ...... M.B.B. (Messerschmitt–Boelkow–Blohm): Monsun (BO–209–B). O–320–E1F ...... M.B.B.: Monsun (BO–209–B). O–320–E2A ...... Piper Aircraft: Cherokee (PA–28 ‘‘140’’, PA–28 ‘‘150’’). Robin: Major (DR–340), Sitar, Bagheera (GY–100–135). S.O.C.A.T.A.: Super Rallye (MS–886), Rallye Commodore (MS–892). Siai–Marchetti: (S–202). F.F.A.: Bravo (AS–202/15). Partenavia: Oscar (P66B), Bucker (131 APM). Aeromot: Paulistina P–56. Pezetel: Koliber 150. O–320–E2C ...... Beech Aircraft: Musketeer III (M–23III). M.B.B.: Monsun (B–209–B). O–320–E2D ...... Cessna Aircraft: Cardinal (172–I, 177). O–320–E2F ...... M.B.B.: Monsun (BO–209–B). O–320–E2G ...... American Aviation Corp.: Traveler O–320–E3D ...... Piper Aircraft: Cherokee (140). Beech Aircraft: Sport. O–320–H2AD ...... Cessna Aircraft: Skyhawk 172. Partenavia: P–66C. IO–320–B2A ...... Piper Aircraft: Twin Comanche (PA–30). IO–320–B1C ...... Hi. Shear: Wing. IO–320–B1D ...... Ted Smith Aircraft: Aerostar. IO–320–C1A ...... Piper Aircraft: Twin Comanche (PA–30 Turbo). IO–320–D1A ...... M.B.B.: Monsun (BO–209–C). IO–320–D1B ...... M.B.B.: Monsun (BO–209–C). IO–320–E1A ...... M.B.B.: Monsun (BO–209–C). IO–320–E1B ...... Bellanca Aircraft. IO–320–E2A ...... Champion Aircraft: Citabria. IO–320–E2B ...... Bellanca Aircraft. IO–320–F1A ...... CAAR Engineering: Carr Midget. LIO–320–B1A ...... Piper Aircraft: Twin Comanche (PA–39). LIO–320–C1A ...... Piper Aircraft: Twin Comanche (PA–39). AIO–320–B1B ...... M.B.B.: Monsun (BO–209–C). AEIO–320–D1B ...... Slingsby: T67M Firefly. AEIO–320–D2B ...... Hundustan Aeronautics Ltd.: HT–2 AEIO–320–E1A ...... Bellanca Aircraft. Champion Aircraft. AEIO–320–E1B ...... Bellanca Aircraft. Champion Aircraft: Decathalon (8KCAB–CS). AEIO–320–E2B ...... Bellanca Aircraft. Champion Aircraft: Decathalon (8KCAB). O–320–A1A ...... Riley Aircraft: Riley Twin. O–360–A1A ...... Beech Aircraft: Travel Air (95, B–95). Piper Aircraft: Comanche (PA–24). Intermountain Mfg. Co.: Call Air (A–6). Lake Aircraft: Colonial (C–2, LA –4, 4A or 4P). Doyn Aircraft: Doyn–Cessna (170B, 172, 172A, 172B). Mooney Aircraft: Mark ‘‘20B’’ (M–20B). Earl Horton: Pawnee (Piper PA–25). Dinfia: Ranquel (1A–51). Neiva: (1PD–5901).

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TABLE 2.—ENGINES INSTALLED ON, BUT NOT LIMITED TO—Continued Regente: (N–591). : Super 4 (WA–50A), Sancy (WA–40), Baladou (WA–40), Pariou (WA–40). Sud: Gardan (GY–180). Bolkow: (207). Partenavia: Oscar (P–66). Siai–Marchetti: (S–205). Procaer: Picchio (F–15–A). S.A.A.B.: Safir (91–D). Malmo: Vipan (MF–10B). Aero Boero: AB–180. Beagle: Airedale (A–109). DeHavilland: Drover (DHA–3MK3). Kingsford-Smith: Bushmaster (J5–6). Aero Engine Service Ltd.: Victa (R–2). O–360–A1AD ...... S.O.C.A.T.A.: Tabago TB–10. O–360–A1D ...... Piper Aircraft: Comanche (PA–24). Lake Aircraft: Colonial (LA–4, 4A or 4P). Doyn Aircraft: Doyn–Beech (Beech 95). Mooney Aircraft: Master ‘‘21’’ (M–20E), Mark ‘‘20B’’, ‘‘20D’’, (M20B, M20C), Mooney Statesman (M–20G). Dinfia: Querandi (1A–45). Wassmer: (WA–50). Malmo: Vipan (MF1–10). Cessna Aircraft: Skyhawk. Doyn Aircraft: Doyn-Piper (PA–23 ‘‘160’’). O–360–A1F6 ...... Cessna Aircraft: Cardinal. O–360–A1F6D ...... Cessna Aircraft: Cardinal 177. Teal III: TSC (1A3). O–360–A1G6 ...... Aero Commander. O–360–A1G6D ...... Beech Aircraft: Duchess 76. O–360–A1H6 ...... Piper Aircraft: Seminole (PA–44). O–360–A1LD ...... Wassmer: Europa WA–52. O–360–A1P ...... Aviat: Husky. O–360–A2A ...... Center Est Aeronautique: Regente (DR–253). S.O.C.A.T.A.: Rallye Commodore (MS–893). Societe Aeronautique Normande: Mousquetaire (D–140). Bolkow: Klemm (K1–107C). Partenavia: Oscar (P–66). Beagle: Husky (D5–180) (J1–U). O–360–A2D ...... Piper Aircraft: Comanche (PA–24), Cherokee ‘‘C’’ (PA–28 ‘‘180’’). Mooney Aircraft: Master ‘‘21’’ (M–20D), Mark ‘‘21’’ (M–20E). O–360–A2E ...... Std. Helicopter. O–360–A2F ...... Aero Commander: Lark (100). Cessna Aircraft: Cardinal. O–360–A2G ...... Beech Aircraft: Sport. O–360–A3A ...... C.A.A.R.P.S.A.N.: (M–23III). Societe Aeronautique Normande: Jodel (D–140C). Robin: Regent (DR400/180), Remorqueur (DR400/180R). R–3170. S.O.C.A.T.A.: Rallye 180GT, Sportavia Sportsman (RS–180). Norman Aeroplace Co.: NAC–1 Freelance. Nash Aircraft Ltd.: Petrel. O–360–A3AD ...... S.O.C.A.T.A.: TB–10. Robin: Aiglon (R–1180T) O–360–A4A ...... Piper Aircraft: Cherokee ‘‘D’’ (PA–28 ‘‘180’’). O–360–A4D ...... Varga: Kachina. O–360–A4G ...... Beech Aircraft: Musketeer Custom III. O–360–A4K ...... Grumman American: Tiger. Beech Aircraft: Sundowner 180. O–360–A4M ...... Piper Aircraft: Archer II (PA–28 ‘‘18’’). Valmet: PIK–23. O–360–A4N ...... Cessna Aircraft: 172 (Optional). O–360–A4P ...... Penn Yan: Super Cub Conversion. O–360–A5AD ...... C. Itoh and Co.: Fuji FA –200. O–360–B2C ...... Seabird Aviation: SB7L. O–360–C1A ...... Intermountain Mfg. Co.: Call Air (A–6). O–360–C1E ...... Bellanca Aircraft: Scout (8GCBC–CS). O–360–C1F ...... Maule: Star Rocket MX–7–180. O–360–C1G ...... Christen: Husky (A–1). O–360–C2B ...... Hughes Tool Co.: (269A). O–360–C2D ...... Hughes Tool Co.: (269A). O–360–C2E ...... Hughes Tool Co.: (YHO–2HU) Military. Bellanca Aircraft: Scout (8GCBC FP). O–360–C4F ...... Maule: MX–7–180A.

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TABLE 2.—ENGINES INSTALLED ON, BUT NOT LIMITED TO—Continued O–360–C4P ...... Penn Yan: Super Cub Conversion. O–360–E1A6D ...... Piper Aircraft: Seminole (PA–44 ‘‘180’’). O–360–F1A6 ...... Cessna Aircraft: Cutlass RG. O–360–J2A ...... Robinson: R22. IO–360–B1A ...... Beech Aircraft: Travel-Air (B–95A). Doyn Aircraft: Doyn-Piper (PA–23 ‘‘200’’). IO–360–B1B ...... Beech Aircraft: Travel-Air (B–95B). Doyn Aircraft: Doyn-Piper (PA–23 ‘‘200’’). Fuji: (FA–200). IO–360–B1D ...... United Consultants: See-Bee. IO–360–B1E ...... Piper Aircraft: Arrow (PA–28 ‘‘180R’’). IO–360–B1F ...... Utva: 75. IO–360–B2E ...... C.A.A.R.P. C.A.P. (10). IO–360–B1F6 ...... Great Lakes: Trainer. IO–360–B1G6 ...... American Blimp: Spector 42. IO–360–B2F6 ...... Great Lakes: Trainer. LO–360–A1G6D ...... Beech Aircraft: Duchess. LO–360–A1H6 ...... Piper Aircraft: Seminole (PA–44). IO–360–E1A ...... T.R. Smith Aircraft: Aerostar. IO–360–L2A ...... Cessna Aircraft: Skyhawk C–172. IO–360–M1A ...... Diamond Aircraft: DA–40. IO–360–M1B ...... Vans Aircraft: RV6, RV7, RV8. Lancair: 360. AIO–360–B1B ...... Moravan: Zlin (Z–526–L). AEIO–360–B1F ...... F.F.A.: Bravo (200). Grob: G115/Sport-Acro. AEIO–360–B1G6 ...... Great Lakes. AEIO–360–B2F ...... Mundry: CAP–10. AEIO–360–B4A ...... Pitts: S–1S. AEIO–360–H1A ...... Bellanca Aircraft: Super Decathalon (8KCAB–180). AEIO–360–H1B ...... American Champion: Super Decathalon. TO–360–C1A6D ...... Avions Pierre Robin. Partenavia. Rockwell: 112TC. TO–360–F1A6D ...... Maule: Star Rocket (M–5–210TC). TIO–360–C1A6D ...... Partenavia: P68C–TC. VO–360–A1A ...... Brantly Hynes Helicopter: (B–2). VO–360–A1B ...... Brantly Hynes Helicopter: (B–2, B2–A). Military (YHO–3BR). VO–360–B1A ...... Brantly Hynes Helicopter: (B–2, B2–A). IVO–360–A1A ...... Brantly Hynes Helicopter: (B2–B). HO–360–B1A ...... Hughes Tool Co.: (269A). HO–360–B1B ...... Hughes Tool Co.: (269A). HO–360–C1A ...... Schweizer: (300C). HIO–360–B1A ...... Hughes Tool Co.: Military (269–A–1). (TH–55A). HIO–360–B1B ...... Hughes Tool Co.: (269A). HIO–360–G1A ...... Schweizer: (CB). O–540–A1A ...... Rhein–Flugzeugbau: (RF–1). O–540–A1A5 ...... Piper Aircraft: Comanche (PA–24 ‘‘150’’). Helio: Military (H–250). Yoeman Aviation: (YA–1). O–540–A1B5 ...... Piper Aircraft: Aztec (PA–23 ‘‘250’’), Comanche (PA–24 ‘‘250’’). O–540–A1C5 ...... Piper Aircraft: Comanche (PA–24 ‘‘250’’). O–540–A1D ...... Found Bros.: (FBA–2C). Dornier: (DO–28–B1). O–540–A1D5 ...... Piper Aircraft: Aztec (PA–23 ‘‘250’’), Comanche (PA–24 ‘‘250’’), Military Aztec. (U–11A). Dornier: (DO–28). O–540–A2B ...... Aero Commander: (500). Mid-States Mfg. Co.: Twin Courier (H–500), (U–5). O–540–A3D5 ...... Piper Aircraft: Navy Aztec (PA–23 ‘‘250’’). O–540–B1A5 ...... Piper Aircraft: Apache (PA–23 ‘‘235’’). O–540–B1B5 ...... Piper Aircraft: Cherokee (PA–24 ‘‘250’’). Doyn Aircraft: Doyn-Piper (PA–24 ‘‘250’’). O–540–B1D5 ...... Wassmer: (WA–421). O–540–B2B5 ...... Piper Aircraft: Pawnee (PA–24 ‘‘235’’), Cherokee (PA–28 ‘‘235’’), Aztec (PA –23 ‘‘235’’). Intermountain Mfg. Co.: Call Air (A–9). Rawdon Bros.: Rawdon (T–1). S.O.C.A.T.A.: Rallye 235CA. O–540–B2C5 ...... Piper Aircraft: Pawnee (PA–24 ‘‘235’’). O–540–B4B5 ...... Piper Aircraft: Cherokee (PA–28 ‘‘235’’). Embraer: Corioca (EMB–710). S.O.C.A.T.A.: Rallye 235GT, Rallye 235C. Maule: Star Rocket (MX–7–235), Super Rocket (M–6–235), Super Std. Rocket (M–7–235).

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TABLE 2.—ENGINES INSTALLED ON, BUT NOT LIMITED TO—Continued O–540–E4A5 ...... Piper Aircraft: Comanche (PA–24 ‘‘260’’). Aviamilano: Flamingo (F–250). Siai-Marchetti: (SF–260), (SF–208). O–540–E4B5 ...... Britten-Norman: (BN–2). Piper Aircraft: Cherokee Six (PA–32 ‘‘260’’). O–540–E4C5 ...... Pilatus Britten-Norman: Islander (BN–2A–26), Islander (BN–2A–27), Islander II (BN–2B–26), Islander (BN– 2A–21), Trislander (BN–2A–Mark III–2). O–540–F1B5 ...... Omega Aircraft: (BS–12D1). Robinson: (R–44). O–540–G1A5 ...... Piper Aircraft: Pawnee (PA–25 ‘‘260’’). O–540–H1B5D ...... Aero Boero: 260. O–540–H2A5 ...... Embraer: Impanema ‘‘AG’’. Gippsland: GA–200. O–540–H2B5D ...... Aero Boero: 260. O–540–J1A5D ...... Maule: Star Rocket (MX–7–235), Super Rocket (M–6–235), Super Std. Rocket (M–7–235). O–540–J3A5 ...... Robin: R–3000/235. O–540–J3A5D ...... Piper Aircraft: Dakota (PA–28–236). O–540–J3C5D ...... Cessna Aircraft: Skylane RG. O–540–L3C5D ...... Cessna Aircraft: TR–182, Turbo Skylane RG. IO–540–C1B5 ...... Piper Aircraft: Aztec B (PA–23 ‘‘250’’), Comanche (PA–24 ‘‘250’’). IO–540–C1C5 ...... Riley Aircraft: Turbo-Rocket. IO–540–C4B5 ...... Piper Aircraft: Aztec C (PA–23 ‘‘250’’), Aztec F. Wassmer: (WA4–21). Avions Pierre Robin: (HR100/250). Bellanca Aircraft: Aries T–250. Aerofab: Renegade 250. IO–540–C4D5 ...... S.O.C.A.T.A.: TB–20. IO–540–C4D5D ...... S.O.C.A.T.A.: Trinidad TB–20. IO–540–D4A5 ...... Piper Aircraft: Comanche (PA–24 ‘‘260’’). Siai-Marchetti: (SF–260). IO–540–D4B5 ...... Cerva: (CE–43 Guepard). IO–540–J4A5 ...... Piper Aircraft: Aztec (PA–23 ‘‘250’’). IO–540–R1A5 ...... Piper Aircraft: Comanche (PA–24). IO–540–T4A5D ...... General Aviation: Model 114. IO–540–T4B5 ...... Commander: 114B. IO–540–T4B5D ...... Rockwell: 114. IO–540–T4C5D ...... Lake Aircraft: Seawolf. IO–540–V4A5 ...... Maule: MT–7–260, M–7–260. Aircraft Manufacturing Factory. IO–540–V4A5D ...... Brooklands: Scoutmaster. IO–540–W1A5 ...... Maule: MX–7–235, MT–7–235, M7–235. IO–540–W1A5D ...... Maule: Star Rocket (MX–7–235), Super Rocket (M–6–235), Super Std. Rocket (M–7–235). IO–540–W3A5D ...... Schweizer: Power Glider. AEIO–540–D4A5 ...... Christen: Pitts (S–2S), S–2B). Siai-Marchetti: SF–260. H.A.L.: HPT–32. Slingsby: Firefly T3A. AEIO–540–D4B5 ...... Moravan: Zlin–50L. H.A.L.: HPT–32. AEIO–540–D4D5 ...... Burkhart Grob: Grob G, 115T Aero. TIO–540–C1A ...... Piper Aircraft: Turbo Aztec (PA–23–250). TIO–540–K1AD ...... Piper Aircraft. TIO–540–AA1AD ...... Aerofab Inc.: Turbo Renegade (270). TIO–540–AB1AD ...... S.O.C.A.T.A.: Trinidad TC TB–21. TIO–540–AB1BD ...... Schweizer. TIO–540–AF1A ...... Mooney Aircraft: ‘‘TLS’’ M20M. TIO–540–AF1B ...... Mooney Aircraft: ‘‘TLS’’ M20M. TIO–540–AG1A ...... Commander Aircraft: 114TC. TIO–540–AK1A ...... Cessna Aircraft: Turbo Skylane T182T. LTIO–540–K1AD ...... Piper Aircraft.

Unsafe Condition Compliance Engines Overhauled or Repaired since New (d) This AD results from reports of (e) You are responsible for having the (g) If your engine was overhauled or approximately 30 failures of the subject actions required by this AD performed within repaired since new, do the following: cylinder assemblies marketed by ECi. We are the compliance times specified unless the (1) Determine if ECi cylinder assemblies, issuing this AD to prevent loss of engine actions have already been done. P/N AEL65102 series ‘‘Classic Cast,’’ with power due to cracks in the cylinder Engines Not Repaired or Overhauled since casting P/N AEL65099 and SNs 1 through assemblies and possible engine failure New 9879 are installed on your engine, as follows: caused by separation of a cylinder head. (f) If your engine has not been overhauled (i) Inspect the engine log books and or had any major repair since new, no further maintenance records for reference to the action is required. subject ECi cylinder assemblies.

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(ii) If the engine log books and DEPARTMENT OF TRANSPORTATION by submitting such written data, views, maintenance records did not record the P/N or argument as they may desire. and SN of the cylinder assemblies, visually Federal Aviation Administration Comments that provide the factual basis inspect the cylinder assemblies and verify supporting the views and suggestions the P/N and SN of the cylinder assemblies. 14 CFR Part 71 presented are particularly helpful in (2) If the cylinder assemblies are not ECi, [Docket No. FAA–2005–22021; Airspace developing reasoned regulatory P/N AEL65102 series ‘‘Classic Cast’’, with Docket No. 04–AAL–06] decisions on the proposal. Comments casting P/N AEL65099, no further action is are specifically invited on the overall required. Proposed Establishment of Class E regulatory, aeronautical, economic, (3) If any cylinder assembly is an ECi Airspace; Arctic Village, AK environmental, and energy-related P/N AEL65102 series ‘‘Classic Cast,’’ with casting P/N AEL65099 and a SN 1 through AGENCY: Federal Aviation aspects of the proposal. 9879, do the following: Administration (FAA), DOT. Communications should identify both (i) If the cylinder assembly has fewer than ACTION: Notice of proposed rulemaking. docket numbers and be submitted in 800 operating hours-in-service (HIS) on the triplicate to the address listed above. SUMMARY: effective date of this AD, replace the cylinder This action proposes to Commenters wishing the FAA to assembly at no later than 800 operating HIS. establish Class E airspace at Arctic acknowledge receipt of their comments No action is required until the operating HIS Village, AK to the size necessary to on this notice must submit with those reaches 800 hours. contain aircraft executing two new comments a self-addressed, stamped (ii) If the cylinder assembly has 800 Standard Instrument Approach postcard on which the following operating HIS or more on the effective date Procedures (SIAP) and an Instrument statement is made: ‘‘Comments to of this AD, replace the cylinder assembly Flight Rules (IFR) departure procedure. Docket No. FAA–2005–22021/Airspace within 60 operating HIS after the effective Adoption of this proposal would result Docket No. 04–AAL–06.’’ The postcard date of this AD. in establishing Class E airspace upward will be date/time stamped and returned from 700 feet (ft.) above the surface and to the commenter. Definition of a Replacement Cylinder from 1,200 ft. above the surface at Arctic Assembly Village, Alaska. All communications received on or (h) For the purpose of this AD, a DATES: Comments must be received on before the specified closing date for replacement cylinder assembly is defined as or before October 24, 2005. comments will be considered before taking action on the proposed rule. The follows: ADDRESSES: Send comments on the (1) A serviceable cylinder assembly made proposal to the Docket Management proposal contained in this notice may by Lycoming Engines. System, U.S. Department of be changed in light of comments (2) A serviceable FAA-approved, Parts Transportation, Room Plaza 401, 400 received. All comments submitted will Manufacturer Approval cylinder assembly Seventh Street, SW., Washington, DC be available for examination in the from another manufacturer. 20590–0001. You must identify the public docket both before and after the (3) A serviceable ECi cylinder assembly, docket number FAA–2005–22021/ closing date for comments. A report P/N AEL65102 series, ‘‘Titan,’’ with casting Airspace Docket No. 04–AAL–06, at the summarizing each substantive public P/N AEL85009. beginning of your comments. You may contact with FAA personnel concerned (4) A serviceable ECi cylinder assembly, also submit comments on the Internet at with this rulemaking will be filed in the P/N AEL65102 series, with casting, P/N http://dms.dot.gov. You may review the docket. AEL65099, that has a SN 9880 or higher. public docket containing the proposal, Availability of Notice of Proposed any comments received, and any final Prohibition of Cylinder Assemblies, P/N Rulemaking’s (NPRM’s) AEL65102 Series ‘‘Classic Cast,’’ With disposition in person in the Dockets Casting P/N AEL65099 and SNs 1 Through Office between 9 a.m. and 5 p.m., An electronic copy of this document 9879 Monday through Friday, except Federal may be downloaded through the (i) After the effective date of this AD, do holidays. The Docket Office (telephone Internet at http://dms.dot.gov. Recently not install any ECi cylinder assembly, P/N 1–800–647–5527) is on the plaza level published rulemaking documents can AEL65102, with casting P/N AEL65099 that of the Department of Transportation also be accessed through the FAA’s Web has a SN 1 through 9879, onto any engine. NASSIF Building at the above address. page at http://www.faa.gov or the An informal docket may also be Alternative Methods of Compliance Superintendent of Document’s Web examined during normal business hours page at http://www.access.gpo.gov/nara. (j) The Manager, Special Certification at the office of the Manager, Safety, Office, has the authority to approve Alaska Flight Services Operations, Additionally, any person may obtain alternative methods of compliance for this Federal Aviation Administration, 222 a copy of this notice by submitting a AD if requested using the procedures found West 7th Avenue, Box 14, Anchorage, request to the Federal Aviation in 14 CFR 39.19. AK 99513–7587. Administration, Office of Air Traffic Airspace Management, ATA–400, 800 Issued in Burlington, Massachusetts, on FOR FURTHER INFORMATION CONTACT: Gary Independence Avenue, SW., September 2, 2005. Rolf, Federal Aviation Administration, Washington, DC 20591 or by calling Ann C. Mollica, 222 West 7th Avenue, Box 14, Anchorage, AK 99513–7587; telephone (202) 267–8783. Communications must Acting Manager, Engine and Propeller number (907) 271–5898; fax: (907) 271– identify both docket numbers for this Directorate, Aircraft Certification Service. 2850; e-mail: [email protected]. notice. Persons interested in being [FR Doc. 05–17893 Filed 9–8–05; 8:45 am] Internet address: http:// placed on a mailing list for future BILLING CODE 4910–13–P www.alaska.faa.gov/at. NPRM’s should contact the FAA’s SUPPLEMENTARY INFORMATION: Office of Rulemaking, (202) 267–9677, to request a copy of Advisory Circular Comments Invited No. 11–2A, Notice of Proposed Interested parties are invited to Rulemaking Distribution System, which participate in this proposed rulemaking describes the application procedure.

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The Proposal navigation, it is certified that this rule, (Lat. 68°06′53″ N., long. 145°34′46″ W.) The FAA is considering an when promulgated, will not have a That airspace extending upward from 700 amendment to the Code of Federal significant economic impact on a ft. above the surface within a 6.4 nautical substantial number of small entities mile (NM) radius of the Arctic Village Regulations (14 CFR part 71), by Airport and within 3 NM each side of the establishing Class E airspace at Arctic under the criteria of the Regulatory ° Flexibility Act. 040 bearing from the Arctic Village airport Village, AK. The intended effect of this extending from the 6.4 NM radius to 14.8 NM proposal is to establish Class E airspace The FAA’s authority to issue rules North of the airport and that airspace upward from 700 feet (ft.) above the regarding aviation safety is found in extending upward from 1,200 ft. above the surface within a 6.4 nautical mile (NM) Title 49 of the United States Code. surface within a 65 NM radius of airport. radius of the Arctic Village Airport and Subtitle 1, section 106 describes the * * * * * ° authority of the FAA Administrator. within 3 NM each side of the 040 Issued in Anchorage, AK, on August 30, bearing from the Arctic Village airport Subtitle VII, Aviation Programs, describes in more detail the scope of the 2005. extending from the 6.4 NM radius to Joseph Rollins, 14.8 NM North of the airport and that agency’s authority. This rulemaking is promulgated Acting Director, Alaska Flight Services Area airspace extending upward from 1,200 Office. ft. above the surface within a 65 NM under the authority described in subtitle [FR Doc. 05–17836 Filed 9–8–05; 8:45 am] radius of the airport. VII, Part A, subpart 1, section 40103, The FAA Instrument Flight Sovereignty and use of airspace. Under BILLING CODE 4910–13–M Procedures Production and that section, the FAA is charged with prescribing regulations to ensure the Maintenance Branch has developed two DEPARTMENT OF TRANSPORTATION SIAPs for the Arctic Village Airport, safe and efficient use of the navigable airspace. This regulation is within the along with a departure procedure and Federal Aviation Administration has established takeoff weather minima. scope of that authority, because it proposes to establish Class E airspace The new approaches are: (1) Area 14 CFR Part 71 Navigation (Global Positioning System) sufficient to contain aircraft executing (RNAV (GPS)) Runway (RWY) 02, instrument procedures at Arctic Village [Docket No. FAA–2005–22023; Airspace original, and (2) RNAV (GPS) RWY 20, Airport and represents the FAA’s Docket No. 05–AAL–22] original. Establishment of Class E continuing effort to safely and efficiently manage the navigable Proposed Revision of Class E controlled airspace extending upward Airspace; Egegik, AK from 700 ft and 1,200 ft above the airspace. surface is needed to provide air traffic List of Subjects in 14 CFR Part 71 AGENCY: Federal Aviation control services and would be created Administration (FAA), DOT. Airspace, Incorporation by reference, by this action. The proposed airspace is ACTION: Notice of proposed rulemaking. Navigation (air). sufficient to contain aircraft executing the new instrument and departure The Proposed Amendment SUMMARY: This action proposes to revise procedures for the Arctic Village Class E airspace at Egegik, AK to the In consideration of the foregoing, the size necessary to contain aircraft Airport. Federal Aviation Administration The area would be depicted on executing Standard Instrument proposes to amend 14 CFR Part 71 as aeronautical charts for pilot reference. Approach Procedures (SIAP). Adoption follows: The coordinates for this airspace docket of this proposal would result in revising Class E airspace upward from 700 feet are based on North American Datum 83. PART 71—DESIGNATION OF CLASS A, (ft.) above the surface at Egegik, Alaska. The Class E airspace area designated as CLASS B, CLASS C, CLASS, D, AND 700/1200 foot transition areas are CLASS E AIRSPACE AREAS; DATES: Comments must be received on published in paragraph 6005 in FAA AIRWAYS; ROUTES; AND REPORTING or before October 24, 2005. Order 7400.9M, Airspace Designations POINTS ADDRESSES: Send comments on the and Reporting Points, dated August 30, proposal to the Docket Management 2004, and effective September 16, 2004, 1. The authority citation for 14 CFR System, U.S. Department of which is incorporated by reference in 14 part 71 continues to read as follows: Transportation, Room Plaza 401, 400 CFR 71.1. The Class E airspace Authority: 49 U.S.C. 106(g), 40103, 40113, Seventh Street, SW., Washington, DC designations listed in this document 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 20590–0001. You must identify the would be published subsequently in the 1963 Comp. p. 389. docket number FAA–2005–22023/ Order. Airspace Docket No. 05–AAL–22, at the § 71.1 [Amended] The FAA has determined that this beginning of your comments. You may proposed regulation only involves an 2. The incorporation by reference in also submit comments on the Internet at established body of technical 14 CFR 71.1 of Federal Aviation http://dms.dot.gov. You may review the regulations for which frequent and Administration Order 7400.9M, public docket containing the proposal, routine amendments are necessary to Airspace Designations and Reporting any comments received, and any final keep them operationally current. It, Points, dated August 30, 1004, and disposition in person in the Dockets therefore—(1) is not a ‘‘significant effective September 16, 2004, is to be Office between 9 a.m. and 5 p.m., regulatory action’’ under Executive amended as follows: Monday through Friday, except Federal Order 12866; (2) is not a ‘‘significant * * * * * holidays. The Docket Office (telephone rule’’ under DOT Regulatory Policies Paragraph 6005 Class E airspace extending 1–800–647–5527) is on the plaza level and Procedures (44 FR 11034; February upward from 700 or more above the surface of the Department of Transportation 26, 1979); and (3) does not warrant of the earth. NASSIF Building at the above address. preparation of a regulatory evaluation as * * * * * An informal docket may also be the anticipated impact is so minimal. examined during normal business hours Since this is a routine matter that will AAL AK E5 Artic Village, AK [New] at the office of the Manager, Safety, only affect air traffic procedures and air Artic Village Airport, AK Alaska Flight Services Operations,

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Federal Aviation Administration, 222 Administration, Office of Air Traffic the anticipated impact is so minimal. West 7th Avenue, Box 14, Anchorage, Airspace Management, ATA–400, 800 Since this is a routine matter that will AK 99513–7587. Independence Avenue, SW., only affect air traffic procedures and air FOR FURTHER INFORMATION CONTACT: Gary Washington, DC 20591 or by calling navigation, it is certified that this rule, Rolf, Federal Aviation Administration, (202) 267–8783. Communications must when promulgated, will not have a 222 West 7th Avenue, Box 14, identify both docket numbers for this significant economic impact on a Anchorage, AK 99513–7587; telephone notice. Persons interested in being substantial number of small entities number (907) 271–5898; fax: (907) 271– placed on a mailing list for future under the criteria of the Regulatory 2850; e-mail: [email protected]. NPRM’s should contact the FAA’s Flexibility Act. Internet address: http:// Office of Rulemaking, (202) 267–9677, The FAA’s authority to issue rules www.alaska.faa.gov/at. to request a copy of Advisory Circular regarding aviation safety is found in No. 11–2A, Notice of Proposed SUPPLEMENTARY INFORMATION: Title 49 of the United States Code. Rulemaking Distribution System, which Subtitle 1, Section 106 describes the Comments Invited describes the application procedure. authority of the FAA Administrator. Interested parties are invited to The Proposal Subtitle VII, Aviation Programs, participate in this proposed rulemaking describes in more detail the scope of the The FAA is considering an agency’s authority. by submitting such written data, views, amendment to the Code of Federal This rulemaking is promulgated or argument as they may desire. Regulations (14 CFR part 71), by under the authority described in subtitle Comments that provide the factual basis revising Class E airspace at Egegik, AK. VII, part A, subpart 1, section 40103, supporting the views and suggestions The intended effect of this proposal is presented are particularly helpful in to revise Class E airspace upward from Sovereignty and use of airspace. Under developing reasoned regulatory 700 feet (ft.) above the surface to a 6.5 that section, the FAA is charged with decisions on the proposal. Comments nautical mile (NM) radius of the Egegik prescribing regulations to ensure the are specifically invited on the overall Airport. safe and efficient use of the navigable regulatory, aeronautical, economic, The FAA Instrument Flight airspace. This regulation is within the environmental, and energy-related Procedures Production and scope of that authority, because it aspects of the proposal. Maintenance Branch has developed two proposes to revise Class E airspace Communications should identify both SIAPs for the Egegik Airport. The two sufficient to contain aircraft executing docket numbers and be submitted in approaches are: (1) Area Navigation instrument procedures at Egegik Airport triplicate to the address listed above. (Global Positioning System) (RNAV and represents the FAA’s continuing Commenters wishing the FAA to (GPS)) Runway (RWY) 12, Amendment effort to safely and efficiently manage acknowledge receipt of their comments (AMDT) 1, original, and (2) RNAV (GPS) the navigable airspace. on this notice must submit with those RWY 30, AMDT 1, original. Revision of List of Subjects in 14 CFR part 71 comments a self-addressed, stamped Class E controlled airspace extending postcard on which the following upward from 700 ft above the surface is Airspace, Incorporation by reference, statement is made: ‘‘Comments to needed to provide air traffic control Navigation (air). Docket No. FAA–2005–22023/Airspace services and would be created by this The Proposed Amendment Docket No. 05–AAL–22.’’ The postcard action. The proposed airspace is will be date/time stamped and returned sufficient to contain aircraft executing In consideration of the foregoing, the to the commenter. the SIAPs for the Egegik Airport. Federal Aviation Administration All communications received on or The area would be depicted on proposes to amend 14 CFR Part 71 as before the specified closing date for aeronautical charts for pilot reference. follows: comments will be considered before The coordinates for this airspace docket taking action on the proposed rule. The are based on North American Datum 83. PART 71—DESIGNATION OF CLASS A, proposal contained in this notice may The Class E airspace areas designated as CLASS B, CLASS C, CLASS D, AND be changed in light of comments 700/1200 foot transition areas are CLASS E AIRSPACE AREAS; received. All comments submitted will published in paragraph 6005 in FAA AIRWAYS; ROUTES; AND REPORTING be available for examination in the Order 7400.9M, Airspace Designations POINTS public docket both before and after the and Reporting Points, dated August 30, 1. The authority citation for 14 CFR closing date for comments. A report 2004, and effective September 16, 2004, part 71 continues to read as follows: summarizing each substantive public which is incorporated by reference in 14 contact with FAA personnel concerned CFR 71.1. The Class E airspace Authority: 49 U.S.C. 106(g), 40103, 40113, designations listed in this document 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– with this rulemaking will be filed in the 1963 Comp., p. 389. docket. would be published subsequently in the Order. § 71.1 [Amended] Availability of Notice of Proposed The FAA has determined that this Rulemaking’s (NPRM’s) 2. The incorporation by reference in proposed regulation only involves an 14 CFR 71.1 of Federal Aviation An electronic copy of this document established body of technical Administration Order 7400.9M, may be downloaded through the regulations for which frequent and Airspace Designations and Reporting Internet at http://dms.dot.gov. Recently routine amendments are necessary to Points, dated August 30, 2004, and published rulemaking documents can keep them operationally current. It, effective September 16, 2004, is to be also be accessed through the FAA’s Web therefore—(1) is not a ‘‘significant amended as follows: page at http://www.faa.gov or the regulatory action’’ under Executive Superintendent of Document’s Web Order 12866; (2) is not a ‘‘significant * * * * * page at http://www.access.gpo.gov/nara. rule’’ under DOT Regulatory Policies Paragraph 6005 Class E airspace extending Additionally, any person may obtain and Procedures (44 FR 11034; February upward from 700 or more above the surface a copy of this notice by submitting a 26, 1979); and (3) does not warrant of the earth. request to the Federal Aviation preparation of a regulatory evaluation as * * * * *

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AAL AK E5 Egegik, AK [Revised] at the office of the Manager, Safety, Additionally, any person may obtain Egegik Airport, AK Alaska Flight Services Operations, a copy of this notice by submitting a (Lat. 58°11′08″ N., long. 157°22′32″ W.) Federal Aviation Administration, 222 request to the Federal Aviation That airspace extending upward from 700 West 7th Avenue, Box 14, Anchorage, Administration, Office of Air Traffic feet (ft.) above the surface within a 6.5 AK 99513–7587. Airspace Management, ATA–400, 800 nautical mile (NM) radius of the Egegik Independence Avenue, SW., FOR FURTHER INFORMATION CONTACT: Gary Airport. Washington, DC 20591 or by calling * * * * * Rolf, Federal Aviation Administration, 222 West 7th Avenue, Box 14, (202) 267–8783. Communications must Issued in Anchorage, AK, on August 30, Anchorage, AK 99513–7587; telephone identify both docket numbers for this 2005. notice. Persons interested in being number (907) 271–5898; fax: (907) 271– Joseph Rollins, placed on a mailing list for future 2850; e-mail: [email protected]. NPRM’s should contact the FAA’s Acting Director, Alaska Flight Services Area Internet address: http:// Office. Office of Rulemaking, (202) 267–9677, www.alaska.faa.gov/at. [FR Doc. 05–17837 Filed 9–8–05; 8:45 am] to request a copy of Advisory Circular BILLING CODE 4910–13–P SUPPLEMENTARY INFORMATION: No. 11–2A, Notice of Proposed Rulemaking Distribution System, which Comments Invited describes the application procedure. DEPARTMENT OF TRANSPORTATION Interested parties are invited to The Proposal participate in this proposed rulemaking Federal Aviation Administration by submitting such written data, views, The FAA is considering an or argument as they may desire. amendment to the Code of Federal 14 CFR Part 71 Comments that provide the factual basis Regulations (14 CFR part 71), by [Docket No. FAA–2005–22022; Airspace supporting the views and suggestions revising Class E airspace at the Nenana Docket No. 05–AAL–21] presented are particularly helpful in Municipal Airport, AK. The intended developing reasoned regulatory effect of this proposal is to revise Class Proposed Revision of Class E decisions on the proposal. Comments E airspace upward from 700 feet (ft.) Airspace; Nenana, AK are specifically invited on the overall above the surface within a 6.5 nautical regulatory, aeronautical, economic, mile (NM) radius of the Nenana AGENCY: Federal Aviation Municipal Airport and within 3 NM Administration (FAA), DOT. environmental, and energy-related ° aspects of the proposal. each side of the 239 bearing of the Ice ACTION: Notice of proposed rulemaking. Pool NDB extending from the 6.5 NM Communications should identify both radius to 10.3 NM West of the airport. SUMMARY: This action proposes to revise docket numbers and be submitted in This action is proposed as a result of Class E airspace at Nenana Municipal triplicate to the address listed above. runway renumbering due to changes in Airport, AK to the size necessary to Commenters wishing the FAA to magnetic variation. Revision of Class E contain aircraft executing Standard acknowledge receipt of their comments controlled airspace extending upward Instrument Approach Procedures (SIAP) on this notice must submit with those from 700 ft above the surface is needed and a Departure Procedure (DP). This comments a self-addressed, stamped to provide air traffic control services. action is needed as a result of runway postcard on which the following The proposed airspace is sufficient to renumbering due to changes in magnetic statement is made: ‘‘Comments to contain aircraft executing the SIAPs and variation. Adoption of this proposal Docket No. FAA–2005–22022/Airspace DP for the Nenana Municipal Airport. would result in revising Class E airspace Docket No. 05–AAL–21.’’ The postcard The area would be depicted on upward from 700 feet (ft.) above the will be date/time stamped and returned aeronautical charts for pilot reference. surface at Nenana Municipal Airport, to the commenter. The coordinates for this airspace docket Alaska. All communications received on or are based on North American Datum 83. DATES: Comments must be received on before the specified closing date for The Class E airspace areas designated as or before October 24, 2005. comments will be considered before 700/1200 foot transition areas are ADDRESSES: Send comments on the taking action on the proposed rule. The published in paragraph 6005 in FAA proposal to the Docket Management proposal contained in this notice may Order 7400.9M, Airspace Designations System, U.S. Department of be changed in light of comments and Reporting Points, dated August 30, Transportation, Room Plaza 401, 400 received. All comments submitted will 2004, and effective September 16, 2004, Seventh Street, SW., Washington, DC be available for examination in the which is incorporated by reference in 14 20590–0001. You must identify the public docket both before and after the CFR 71.1. The Class E airspace docket number FAA–2005–22022/ closing date for comments. A report designations listed in this document Airspace Docket No. 05–AAL–21, at the summarizing each substantive public would be published subsequently in the beginning of your comments. You may contact with FAA personnel concerned Order. also submit comments on the Internet at with this rulemaking will be filed in the The FAA has determined that this http://dms.dot.gov. You may review the docket. proposed regulation only involves an public docket containing the proposal, Availability of Notice of Proposed established body of technical any comments received, and any final Rulemaking’s (NPRM’s) regulations for which frequent and disposition in person in the Dockets routine amendments are necessary to Office between 9 a.m. and 5 p.m., An electronic copy of this document keep them operationally current. It, Monday through Friday, except Federal may be downloaded through the therefore—(1) is not a ‘‘significant holidays. The Docket Office (telephone Internet at http://dms.dot.gov. Recently regulatory action’’ under Executive 1–800–647–5527) is on the plaza level published rulemaking documents can Order 12866; (2) is not a ‘‘significant of the Department of Transportation also be accessed through the FAA’s Web rule’’ under DOT Regulatory Policies NASSIF Building at the above address. page at http://www.faa.gov or the and Procedures (44 FR 11034; February An informal docket may also be Superintendent of Document’s Web 26, 1979); and (3) does not warrant examined during normal business hours page at http://www.access.gpo.gov/nara. preparation of a regulatory evaluation as

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the anticipated impact is so minimal. AAL AK E5 Nenana, AK [Revised] An informal docket may also be Since this is a routine matter that will Nenana Municipal Airport, AK examined during normal business hours only affect air traffic procedures and air (Lat. 64°32′50″ N., long. 149°04′26″ W.) at the office of the Manager, Safety, navigation, it is certified that this rule, That airspace extending upward from 700 Alaska Flight Services Operations, when promulgated, will not have a feet (ft.) above the surface within a 6.5 Federal Aviation Administration, 222 significant economic impact on a nautical mile (NM) radius of the Nenana West 7th Avenue, Box 14, Anchorage, substantial number of small entities Municipal Airport and within 3 NM each AK 99513–7587. ° under the criteria of the Regulatory side of the 239 bearing of the Ice Pool NDB FOR FURTHER INFORMATION CONTACT: Gary Flexibility Act. extending from the 6.5 NM radius to 10.3 NM Rolf, Federal Aviation Administration, West of the airport. The FAA’s authority to issue rules 222 West 7th Avenue, Box 14, regarding aviation safety is found in * * * * * Anchorage, AK 99513–7587; telephone Title 49 of the United States Code. Issued in Anchorage, AK, on August 30, number (907) 271–5898; fax: (907) 271– Subtitle 1, section 106 describes the 2005. 2850; e-mail: [email protected]. authority of the FAA Administrator. Joseph Rollins, Internet address: http:// Subtitle VII, Aviation Programs, Acting Director, Alaska Flight Services Area www.alaska.faa.gov/at. describes in more detail the scope of the Office. SUPPLEMENTARY INFORMATION: agency’s authority. [FR Doc. 05–17838 Filed 9–8–05; 8:45 am] This rulemaking is promulgated Comments Invited BILLING CODE 4910–13–P under the authority described in subtitle Interested parties are invited to VII, part A, subpart 1, section 40103, participate in this proposed rulemaking Sovereignty and use of airspace. Under DEPARTMENT OF TRANSPORTATION by submitting such written data, views, that section, the FAA is charged with or argument as they may desire. prescribing regulations to ensure the Federal Aviation Administration Comments that provide the factual basis safe and efficient use of the navigable supporting the views and suggestions airspace. This regulation is within the 14 CFR Part 71 presented are particularly helpful in scope of that authority, because it developing reasoned regulatory proposes to revise Class E airspace [Docket No. FAA–2005–22094; Airspace decisions on the proposal. Comments sufficient to contain aircraft executing Docket No. 05–AAL–28] are specifically invited on the overall instrument procedures at Nenana regulatory, aeronautical, economic, Municipal Airport and represents the Proposed Establishment of Class E Airspace; Nikolai, AK environmental, and energy-related FAA’s continuing effort to safely and aspects of the proposal. efficiently manage the navigable AGENCY: Federal Aviation Communications should identify both airspace. Administration (FAA), DOT. docket numbers and be submitted in List of Subjects in 14 CFR Part 71 ACTION: Notice of proposed rulemaking. triplicate to the address listed above. Commenters wishing the FAA to Airspace, Incorporation by reference, SUMMARY: This action proposes to acknowledge receipt of their comments Navigation (air). establish Class E airspace at Nikolai, AK on this notice must submit with those The Proposed Amendment to the size necessary to contain aircraft comments a self-addressed, stamped postcard on which the following In consideration of the foregoing, the executing Standard Instrument statement is made: ‘‘Comments to Federal Aviation Administration Approach Procedures (SIAP). This Docket No. FAA–2005–22094/Airspace proposes to amend 14 CFR part 71 as action is proposed as a result of the Docket No. 05–AAL–28.’’ The postcard follows: development of two new SIAPs. Adoption of this proposal would result will be date/time stamped and returned PART 71—DESIGNATION OF CLASS A, in establishing Class E airspace upward to the commenter. CLASS B, CLASS C, CLASS D, AND from 700 feet (ft.) above the surface at All communications received on or CLASS E AIRSPACE AREAS; Nikolai, Alaska. before the specified closing date for comments will be considered before AIRWAYS; ROUTES; AND REPORTING DATES: Comments must be received on POINTS or before October 24, 2005. taking action on the proposed rule. The proposal contained in this notice may 1. The authority citation for 14 CFR ADDRESSES: Send comments on the be changed in light of comments part 71 continues to read as follows: proposal to the Docket Management received. All comments submitted will System, U.S. Department of be available for examination in the Authority: 49 U.S.C. 106(g), 40103, 40113, Transportation, Room Plaza 401, 400 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– public docket both before and after the 1963 Comp., p. 389. Seventh Street, SW., Washington, DC closing date for comments. A report 20590–0001. You must identify the summarizing each substantive public § 71.1 [Amended] docket number FAA–2005–22094/ contact with FAA personnel concerned 2. The incorporation by reference in Airspace Docket No. 05–AAL–28, at the with this rulemaking will be filed in the 14 CFR 71.1 of Federal Aviation beginning of your comments. You may docket. Administration Order 7400.9M, also submit comments on the Internet at Airspace Designations and Reporting http://dms.dot.gov. You may review the Availability of Notice of Proposed Points, dated August 30, 2004, and public docket containing the proposal, Rulemaking’s (NPRM’s) effective September 16, 2004, is to be any comments received, and any final An electronic copy of this document amended as follows: disposition in person in the Dockets may be downloaded through the Office between 9 a.m. and 5 p.m., Internet at http://dms.dot.gov. Recently * * * * * Monday through Friday, except Federal published rulemaking documents can Paragraph 6005 Class E airspace extending holidays. The Docket Office (telephone also be accessed through the FAA’s Web upward from 700 or more above the surface 1–800–647–5527) is on the plaza level page at http://www.faa.gov or the of the earth. of the Department of Transportation Superintendent of Document’s Web * * * * * NASSIF Building at the above address. page at http://www.access.gpo.gov/nara.

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Additionally, any person may obtain and Procedures (44 FR 11034; February Paragraph 6005 Class E airspace extending a copy of this notice by submitting a 26, 1979); and (3) does not warrant upward from 700 or more feet above the request to the Federal Aviation preparation of a regulatory evaluation as surface of the earth. Administration, Office of Air Traffic the anticipated impact is so minimal. * * * * * Airspace Management, ATA–400, 800 Since this is a routine matter that will AAL AK E5 Nikolai, AK [New] Independence Avenue, SW., only affect air traffic procedures and air Washington, DC 20591 or by calling Nikolai Airport, AK navigation, it is certified that this rule, (Lat. 63°01′07″ N., long. 154°21′30″ W.) (202) 267–8783. Communications must when promulgated, will not have a identify both docket numbers for this That airspace extending upward from 700 significant economic impact on a feet (ft.) above the surface within a 6.4 notice. Persons interested in being substantial number of small entities nautical mile (NM) radius of the Nikolai placed on a mailing list for future under the criteria of the Regulatory Airport. NPRM’s should contact the FAA’s Flexibility Act. * * * * * Office of Rulemaking, (202) 267–9677, The FAA’s authority to issue rules to request a copy of Advisory Circular regarding aviation safety is found in Issued in Anchorage, AK, on August 30, 2005. No. 11–2A, Notice of Proposed Title 49 of the United States Code. Rulemaking Distribution System, which Subtitle 1, section 106 describes the Joseph Rollins, describes the application procedure. authority of the FAA Administrator. Acting Director, Alaska Flight Services Area Office. The Proposal Subtitle VII, Aviation Programs, describes in more detail the scope of the [FR Doc. 05–17839 Filed 9–8–05; 8:45 am] The FAA is considering an agency’s authority. BILLING CODE 4910–13–P amendment to the Code of Federal Regulations (14 CFR part 71), by This rulemaking is promulgated under the authority described in subtitle establishing Class E airspace at Nikolai, DEPARTMENT OF THE TREASURY AK. The intended effect of this proposal VII, part A, subpart 1, section 40103, Sovereignty and use of airspace. Under is to establish new Class E airspace Internal Revenue Service upward from 700 feet (ft.) above the that section, the FAA is charged with prescribing regulations to ensure the surface within a 6.4 nautical mile (NM) 26 CFR Parts 1 and 53 radius of the Nikolai Airport. safe and efficient use of the navigable The FAA Instrument Flight airspace. This regulation is within the [REG–111257–05] Procedures Production and scope of that authority, because it RIN 1545–BE37 Maintenance Branch has developed two proposes to establish Class E airspace SIAPs for the Nikolai Airport. The two sufficient to contain aircraft executing Standards for Recognition of Tax- approaches are: (1) Area Navigation instrument procedures at Nikolai Exempt Status if Private Benefit Exists (Global Positioning System) (RNAV Airport and represents the FAA’s or If an Applicable Tax-Exempt (GPS)) Runway (RWY) 04, original, and continuing effort to safely and Organization Has Engaged in Excess (2) RNAV (GPS) RWY 20, original. Class efficiently manage the navigable Benefit Transaction(s) E controlled airspace extending upward airspace. AGENCY: Internal Revenue Service (IRS), from 700 ft above the surface is needed List of Subjects in 14 CFR Part 71 to provide air traffic control services Treasury. and would be established by this action. Airspace, Incorporation by reference, ACTION: Notice of proposed rulemaking. Navigation (air). The proposed airspace is sufficient to SUMMARY: This document contains contain aircraft executing the The Proposed Amendment proposed regulations that clarify the instrument procedures for the Nikolai substantive requirements for tax Airport. In consideration of the foregoing, the exemption under section 501(c)(3) of the The area would be depicted on Federal Aviation Administration Internal Revenue Code (Code). This aeronautical charts for pilot reference. proposes to amend 14 CFR part 71 as document also contains provisions that The coordinates for this airspace docket follows: clarify the relationship between the are based on North American Datum 83. substantive requirements for tax The Class E airspace areas designated as PART 71—DESIGNATION OF CLASS A, exemption under section 501(c)(3) and 700/1200 foot transition areas are CLASS B, CLASS C, CLASS D, AND the imposition of section 4958 excise published in paragraph 6005 in FAA CLASS E AIRSPACE AREAS; taxes. Order 7400.9M, Airspace Designations AIRWAYS; ROUTES; AND REPORTING and Reporting Points, dated August 30, POINTS DATES: Written comments and requests 2004, and effective September 16, 2004, for a public hearing must be received by which is incorporated by reference in 14 1. The authority citation for 14 CFR December 8, 2005. CFR 71.1. The Class E airspace part 71 continues to read as follows: ADDRESSES: Send submissions to: designations listed in this document Authority: 49 U.S.C. 106(g), 40103, 40113, CC:PA:LPD:PR (REG–111257–05), room would be published subsequently in the 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 5203, Internal Revenue Service, POB Order. 1963 Comp., p. 389. 7604, Ben Franklin Station, Washington, The FAA has determined that this § 71.1 [Amended] DC 20044. Submissions may be hand proposed regulation only involves an delivered Monday through Friday established body of technical 2. The incorporation by reference in between the hours of 8 a.m. and 4 p.m. regulations for which frequent and 14 CFR 71.1 of Federal Aviation to: CC:PA:LPD:PR (REG–111257–05), routine amendments are necessary to Administration Order 7400.9M, Courier’s Desk, Internal Revenue keep them operationally current. It, Airspace Designations and Reporting Service, 1111 Constitution Avenue, therefore—(1) is not a ‘‘significant Points, dated August 30, 2004, and NW., Washington, DC. Alternatively, regulatory action’’ under Executive effective September 16, 2004, is to be taxpayers may submit comments Order 12866; (2) is not a ‘‘significant amended as follows: electronically via the IRS Internet site at rule’’ under DOT Regulatory Policies * * * * * http://www.irs.gov/regs or the Federal

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eRulemaking Portal at http:// payments made to private interests are instead imposes excise tax liability on www.regulations.gov (IRS–REG– reasonable or excessive. The examples disqualified persons and certain 111257–05). A public hearing may be reflect current law. organization managers. scheduled if requested. In the 1996 House Report on section B. Section 4958 and the Regulations 4958, Congress briefly addressed the FOR FURTHER INFORMATION CONTACT: Thereunder Concerning the regulations, Galina relationship between section 4958 and Kolomietz, (202) 622–4441; Concerning Section 4958 was added to the Code tax-exempt status. Specifically, the submission of comments and requests by the Taxpayer Bill of Rights 2, Public Report stated that these ‘‘intermediate for a public hearing, Richard Hurst, Law 104–168 (110 Stat. 1452, July 30, sanctions for excess benefit transactions (202) 622–7180 (not toll-free numbers). 1996). Section 4958 imposes certain may be imposed by the IRS in lieu of (or excise taxes on transactions that provide SUPPLEMENTARY INFORMATION: in addition to) revocation of the excess economic benefits to disqualified organization’s tax-exempt status.’’ H. Background persons with respect to public charities Rep. No. 104–506, 104th Cong., 2d A. Section 501(c)(3) and the Regulations and social welfare organizations Sess., at 59 (1996) (emphasis added). Thereunder described in sections 501(c)(3) and The Report also stated, in a footnote, 501(c)(4), respectively. These that, in general, revocation of tax- To be described in section 501(c)(3), organizations are collectively referred to exempt status, with or without the an organization must be organized and as applicable tax-exempt organizations. imposition of excise taxes, would occur operated exclusively for religious, Section 4958(e). An excess benefit is the only if an organization no longer charitable, scientific, or educational amount by which the value of an operates as a charitable organization. H. purposes. In addition, no part of the net economic benefit provided by an Rep. No. 104–506, 104th Cong., 2d earnings of the organization may inure applicable tax-exempt organization Sess., at 59, note 15. to the benefit of any private shareholder directly or indirectly to or for the use of In keeping with the differences or individual, no substantial part of the a disqualified person exceeds the value between section 501(c)(3) and section organization’s activities may include of the consideration (including the 4958, the Treasury Department and the attempts to influence legislation, and performance of services) received for IRS consistently have taken the position the organization may not intervene in providing such benefit. § 53.4958–1(b). that the imposition of excise taxes under political campaigns. A disqualified person is defined as a section 4958 does not foreclose Existing regulations under section person who is in a position to exercise revocation of tax-exempt status in 501(c)(3) were adopted in substantially substantial influence over the affairs of appropriate cases. The 1998 proposed their present form in 1959. In explaining an applicable tax-exempt organization. regulations under section 4958 stated and clarifying the statutory Section 4958(f)(1). Section 4958(a) that ‘‘[t]he excise taxes imposed by requirements, these regulations provide imposes the liability for excise taxes on section 4958 do not affect the that, to be described in section 501(c)(3), disqualified persons who receive an substantive statutory standards for tax an organization must be both organized excess benefit from, and on certain exemption under section 501(c)(3) or and operated for exempt purposes. An organization managers who knowingly (4).’’ Proposed § 53.4958–7(a), (63 FR organization is not operated exclusively participate in, an excess benefit 41,505). Both the 2001 temporary and for exempt purposes and, thus, is not transaction. Section 4958 imposes no the 2002 final regulations stated that— described in section 501(c)(3), if any of corresponding sanctions on exempt its net earnings inure to the benefit of organizations. The section 4958 excise Section 4958 does not affect the a private shareholder or individual. taxes generally apply to excess benefit substantive standards for tax exemption § 1.501(c)(3)–1(c)(2). The regulations under section 501(c)(3) or (4), including the transactions occurring on or after requirements that the organization be define private shareholder or individual September 14, 1995. organized and operated exclusively for as referring to persons having a personal On August 4, 1998, a notice of exempt purposes, and that no part of its net and private interest in the activities of proposed rulemaking (REG–246256–96) earnings inure to the benefit of any private the organization. § 1.501(a)–1(c). clarifying certain definitions and rules shareholder or individual. Thus, regardless of In addition, an organization is not contained in section 4958 was whether a particular transaction is subject to organized or operated for one or more of published in the Federal Register (63 excise taxes under section 4958, existing the exempt purposes enumerated in FR 41486). Those 1998 proposed principles and rules may be implicated, such § 1.501(c)(3)–1(d)(1)(i) and, thus, is not regulations were revised in response to as the limitation on private benefit. (26 CFR 53.4958–8(a)). described in section 501(c)(3), if it is written and oral comments and replaced organized or operated for the benefit of by temporary and proposed regulations The preamble to the 1998 proposed private interests such as designated on January 10, 2001 (TD 8920, 66 FR regulations under section 4958 stated individuals, the creator or his family, 2144, and REG–246256–96, 66 FR 2173). that the IRS will exercise its shareholders of the organization, or Final regulations under section 4958 administrative discretion in enforcing persons controlled, directly or were published on January 23, 2002 (TD the requirements of sections 4958, indirectly, by such interests. 8978, 67 FR 3076). 501(c)(3), and 501(c)(4). The preamble § 1.501(c)(3)–1(d)(1)(ii). to the 1998 proposed regulations listed These proposed regulations amend C. History of the Relationship Between the following four factors the IRS will the regulations under section 501(c)(3), Section 4958 Taxes and Tax-Exempt consider in determining whether an adding several examples to illustrate the Status applicable tax-exempt organization requirement in § 1.501(c)(3)–1(d)(1)(ii) Section 501(c)(3) and the described in section 501(c)(3) continues that an organization serve a public longstanding regulations thereunder to be described in section 501(c)(3) in rather than a private interest. The establish certain tests that an cases in which section 4958 excise taxes examples illustrate that prohibited organization must meet to qualify for are also imposed: (1) Whether the private benefits may involve non- tax-exempt status. § 1.501(c)(3)–1(a)(1). organization has been involved in economic benefits as well as economic Section 4958, by its terms, does not repeated excess benefit transactions; (2) benefits. In addition, prohibited private address the tax-exempt status of the size and the scope of the excess benefit may arise regardless of whether applicable tax-exempt organizations, but

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benefit transactions; (3) whether, after rulemaking does not impose a collection § 1.501(c)(3)–(1) Organizations organized concluding that it has been party to an of information on small entities, the and operated for religious, charitable, excess benefit transaction, the Regulatory Flexibility Act (5 U.S.C. scientific, testing for public safety, literary, organization has implemented chapter 6) does not apply. Pursuant to or educational purposes, or for the prevention of cruelty to children or animals. safeguards to prevent future section 7805(f) of the Code, this notice recurrences; and (4) whether there was of proposed rulemaking will be * * * * * compliance with other applicable laws. submitted to the Chief Counsel for (d) * * * (1) * * * (63 FR 41,488 through 41,489). Advocacy of the Small Business (iii) Examples. The following The preamble to the 2001 temporary Administration for comment on its examples illustrate the requirement of regulations stated that the IRS intends to impact on business. publish guidance regarding the factors it paragraph (d)(1)(ii) of this section that will consider as it gains more Comments and Requests for a Public an organization serve a public rather experience in administering section Hearing than a private interest: 4958. The preamble to the 2002 final Before these proposed regulations are Example 1. (i) O is an educational regulations stated that, until such adopted as final regulations, organization the purpose of which is to study guidance is published, the IRS will consideration will be given to any history and immigration. The focus of O’s consider all relevant facts and comments (a signed original and eight historical studies is the genealogy of one family, tracing the descent of its present circumstances in the administration of (8) copies) that are submitted timely to members. O actively solicits for membership section 4958 cases. These proposed the IRS. The IRS and the Treasury only individuals who are members of that regulations amend the regulations under Department specifically request one family. O’s research is directed toward section 501(c)(3) to provide guidance on comments on the clarity of the proposed publishing a history of that family that will certain factors that the IRS will consider rule and how it may be made easier to document the pedigrees of family members. in determining whether an applicable understand. All comments will be A major objective of O’s research is to tax-exempt organization described in available for public inspection and identify and locate living descendants of that section 501(c)(3) that engages in one or copying. family to enable those descendants to become A public hearing may be scheduled if acquainted with each other. more excess benefit transactions (ii) O’s educational activities primarily continues to be described in section requested in writing by a person who serve the private interests of members of a 501(c)(3). timely submits written comments. If a single family rather than a public interest. public hearing is scheduled, notice of D. Section 4958 and Application for Therefore, O is operated for the benefit of the date, time, and place will be private interests in violation of the restriction Recognition of Tax-Exempt Status published in the Federal Register. on private benefit in § 1.501(c)(3)–1(d)(1)(ii). Under Section 501(c)(3) Based on these facts and circumstances, O is Section 4958 and the regulations Drafting Information not operated exclusively for exempt purposes thereunder do not apply to The principal authors of these and, therefore, is not described in section organizations that are not applicable regulations are Galina Kolomietz and 501(c)(3). Phyllis Haney, Office of Division Example 2. (i) O is an art museum. O’s sole tax-exempt organizations as defined activity is exhibiting art created by a group therein. These proposed regulations Counsel/Associate Chief Counsel (Tax of unknown but promising local artists. O is amend the regulations under section Exempt and Government Entities). governed by a board of trustees unrelated to 4958 to clarify that the IRS has However, other personnel from the IRS the artists whose work O exhibits. All of the discretion to refuse to issue a ruling and the Treasury Department art exhibited is offered for sale at prices set recognizing exemption under section participated in their development. by the artist. Each artist whose work is 501(c)(3) to any applicant whose exhibited has a consignment arrangement List of Subjects purpose or activities violate any with O. Under this arrangement, when art is 26 CFR Part 1 sold, the museum retains 10 percent of the provision of section 501(c)(3), including selling price to cover the costs of operating the inurement prohibition and the Income taxes, Reporting and the museum and gives the artist 90 percent. limitation on private benefit, even recordkeeping requirements. (ii) The artists in this situation directly though such violation could serve as benefit from the exhibition and sale of their grounds for imposing section 4958 26 CFR Part 53 art. As a result, the sole activity of O serves excise taxes if the applicant’s tax- Excise taxes, Foundations, the private interests of these artists. Because exempt status were recognized. Investments, Lobbying, Reporting and O gives 90 percent of the proceeds from its sole activity to the individual artists, the E. Proposed Effective Date recordkeeping requirements. direct benefits to the artists are substantial These regulations are proposed to be Proposed Amendments to the and O’s provision of these benefits to the Regulations artists is more than incidental to its other applicable on the date of publication in purposes and activities. This arrangement the Federal Register of a Treasury Accordingly, 26 CFR parts 1 and 53 causes O to be operated for the benefit of Decision adopting them as final are proposed to be amended as follows: private interests in violation of the restriction regulations. on private benefit in § 1.501(c)(3)–1(d)(1)(ii). PART 1—INCOME TAXES Based on these facts and circumstances, O is Special Analyses not operated exclusively for exempt purposes It has been determined that this notice Paragraph 1. The authority citation and, therefore, is not described in section of proposed rulemaking is not a for part 1 continues to read, in part, as 501(c)(3). significant regulatory action as defined follows: Example 3. (i) O is an educational in Executive Order 12866. Therefore, a Authority: 26 U.S.C. 7805 * * *. organization the purpose of which is to train regulatory assessment is not required. It Par. 2. In § 1.501(c)(3)–1, paragraph individuals in a program developed by P, O’s president. All of the rights to the program are also has been determined that section (d)(1)(iii) is redesignated as paragraph owned by Company K, a for-profit 553(b) of the Administrative Procedure (d)(1)(iv). corporation owned by P. Prior to the Act (5 U.S.C. chapter 5) does not apply Par. 3. In § 1.501(c)(3)–1, paragraphs existence of O, the teaching of the program to this notice of proposed rulemaking, (d)(1)(iii) and (g) are added to read as was conducted by Company K. O licenses, and because this notice of proposed follows: from Company K, the right to use a reference

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to the program in O’s name and the right to determining whether to continue to relevant periods. The examples are as teach the program, in exchange for specified recognize the tax-exempt status of an follows: royalty payments. Under the license applicable tax-exempt organization (as agreement, Company K provides O with the Example 1. (i) O was created as a museum defined in section 4958(e) and for the purpose of exhibiting art to the services of trainers and with course materials § 53.4958–2 of this chapter) described in on the program. O may develop and general public. In Years 1 and 2, O engages copyright new course materials on the section 501(c)(3) that engages in one or in fundraising and in selecting, leasing, and program but all such materials must be more excess benefit transactions (as preparing an appropriate facility for a museum. In Year 3, a new board of trustees assigned to Company K without defined in section 4958(c) and is elected. All of the new trustees are local consideration if the license agreement is § 53.4958–4 of this chapter) that violate art dealers. Beginning in Year 3 and terminated. Company K sets the tuition for the prohibition on inurement under this continuing to the present, O uses almost all the seminars and lectures on the program section, the Commissioner will consider of its revenues to purchase art solely from its conducted by O. O has agreed not to become all relevant facts and circumstances, trustees at prices that exceed fair market involved in any activity resembling the including, but not limited to, the value. O exhibits and offers for sale all of the program or its implementation for 2 years following— art it purchases. O’s Form 1023, ‘‘Application after the termination of O’s license (A) The size and scope of the for Recognition of Exemption,’’ did not agreement. organization’s regular and ongoing disclose the possibility that O’s trustees (ii) O’s sole activity is conducting seminars would be selling art to O. and lectures on the program. This activities that further exempt purposes before and after the excess benefit (ii) O’s purchases of art from its trustees at arrangement causes O to be operated for the more than fair market value constitute excess benefit of P and Company K in violation of transaction or transactions occurred; (B) The size and scope of the excess benefit transactions between an applicable the restriction on private benefit in tax-exempt organization and disqualified § 1.501(c)(3)–1(d)(1)(ii), regardless of whether benefit transaction or transactions persons under section 4958. Therefore, these the royalty payments from O to Company K (collectively, if more than one) in transactions are subject to the appropriate for the right to teach the program are relation to the size and scope of the excise taxes provided in that section. In reasonable. Based on these facts and organization’s regular and ongoing addition, O’s purchases of art from its circumstances, O is not operated exclusively activities that further exempt purposes; trustees at more than fair market value for exempt purposes and, therefore, is not (C) Whether the organization has been violate the proscription against inurement described in section 501(c)(3). involved in repeated excess benefit under section 501(c)(3) and § 1.501(c)(3)– * * * * * transactions; 1(c)(2). (g) Interaction with section 4958—(1) (D) Whether the organization has (iii) The application of the factors in Application process. An organization implemented safeguards that are § 1.501(c)(3)–1(g)(2)(ii) to these facts is as follows. Beginning in Year 3, O does not that applies for recognition of reasonably calculated to prevent future exemption under section 501(a) as an engage in any regular and ongoing activities violations; and that further exempt purposes because almost organization described in section (E) Whether the excess benefit all of O’s activities consist of purchasing art 501(c)(3) must establish its eligibility transaction has been corrected (within from its trustees and exhibiting and offering under this section. The Commissioner the meaning of section 4958(f)(6) and for sale all of the art it purchases. The size may deny an application for exemption § 53.4958–7 of this chapter), or the and scope of the excess benefit transactions for failure to establish any of this organization has made good faith efforts collectively are significant in relation to the section’s requirements for exemption. to seek correction from the disqualified size and scope of any of O’s ongoing Section 4958 does not apply to persons who benefited from the excess activities that further exempt purposes. O has transactions with an organization that been involved in repeated excess benefit benefit transaction. transactions, namely, purchases of art from has failed to establish that it satisfies all (iii) All factors will be considered in its trustees at more than fair market value. O of the requirements for exemption under combination with each other. has not implemented safeguards that are section 501(c)(3). See § 53.4958–2 of this Depending on the particular situation, reasonably calculated to prevent such chapter. the Commissioner may assign greater or improper purchases in the future. The excess (2) Substantive requirements for lesser weight to some factors than to benefit transactions have not been corrected, exemption still apply to applicable tax- others. The factors listed in paragraphs nor has O made good faith efforts to seek exempt organizations described in (g)(2)(ii)(D) and (E) of this section will correction from the disqualified persons who section 501(c)(3)—(i) In general. weigh more strongly in favor of benefited from the excess benefit transactions (the trustees). The trustees continue to Regardless of whether a particular continuing to recognize exemption control O’s Board. Based on the application transaction is subject to excise taxes where the organization discovers the of the factors to these facts, O is no longer under section 4958, the substantive excess benefit transaction or described in section 501(c)(3) effective in requirements for tax exemption under transactions and takes action before the Year 3. section 501(c)(3) still apply to an Commissioner discovers the excess Example 2. (i) The facts are the same as in applicable tax-exempt organization (as benefit transaction or transactions. Example 1, except that in Year 4, O’s entire defined in section 4958(e) and Further, with respect to the factor listed board of trustees resigns, and O no longer § 53.4958–2 of this chapter) described in in paragraph (g)(2)(ii)(E) of this section, offers all exhibited art for sale. The former board is replaced with members of the section 501(c)(3) whose disqualified correction after the excess benefit community who are not in the business of persons or organization managers are transaction or transactions are buying or selling art and who have skills and subject to excise taxes under section discovered by the Commissioner, by experience running educational programs 4958. Accordingly, an organization may itself, is never a sufficient basis for and institutions. O promptly discontinues no longer meet the requirements for tax- continuing to recognize exemption. the practice of purchasing art from current or exempt status under section 501(c)(3) (iv) Examples. The following former trustees, adopts a written conflicts of because the organization fails to satisfy examples illustrate the principles of interest policy, adopts written art valuation the requirements of paragraph (b), (c) or paragraph (g)(2)(ii) of this section. For guidelines, hires legal counsel to recover the purposes of each example, assume that excess amounts O had paid its former (d) of this section. See § 53.4958–8(a) of trustees, and implements a new program of this chapter. O is an applicable tax-exempt educational activities. (ii) Determining whether revocation of organization (as defined in section (ii) O’s purchases of art from its former tax-exempt status is appropriate when 4958(e) and § 53.4958–2 of this chapter) trustees at more than fair market value section 4958 excise taxes also apply. In described in section 501(c)(3) for all constitute excess benefit transactions

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between an applicable tax-exempt transactions between an applicable tax- benefit transaction occurred. Although the organization and disqualified persons under exempt organization and a disqualified size and scope of the excess benefit section 4958. Therefore, these transactions person under section 4958. Therefore, these transaction were significant in relation to the are subject to the appropriate excise taxes transactions are subject to the appropriate size and scope of O’s activities that further provided in that section. In addition, O’s excise taxes provided in that section. In exempt purposes, the transaction with purchases of art from its trustees at more than addition, these transactions violate the Company K was a one-time occurrence. By fair market value violate the proscription proscription against inurement under section adopting a conflicts of interest policy and against inurement under section 501(c)(3) 501(c)(3) and § 1.501(c)(3)–1(c)(2). significant new contract review procedures and § 1.501(c)(3)–1(c)(2). (iii) The application of the factors in and by terminating C, O has implemented (iii) The application of the factors in § 1.501(c)(3)–1(g)(2)(ii) to these facts is as safeguards that are reasonably calculated to § 1.501(c)(3)–1(g)(2)(ii) to these facts is as follows. O has engaged in regular and prevent future violations. Moreover, O took follows. In Year 3, O does not engage in any ongoing activities that further exempt corrective actions before the IRS commenced regular and ongoing activities that further purposes both before and after the excess an examination of O. In addition, O has made exempt purposes. However, in Year 4, O benefit transactions occurred. However, the a good faith effort to seek correction from elects a new board of trustees comprised of size and scope of the excess benefit Company K, the disqualified person who individuals who have skills and experience transactions engaged in by O beginning in benefited from the excess benefit transaction. running educational programs and Year 5, collectively, are significant in relation Based on the application of the factors to implements a new program of educational to the size and scope of O’s activities that these facts, O continues to be described in activities. As a result of these actions, further exempt purposes. Moreover, O has section 501(c)(3). beginning in Year 4, O engages in regular and been involved in repeated excess benefit Example 5. (i) O is a large organization ongoing activities that further exempt transactions. O has not implemented any with substantial assets and revenues. O purposes. The size and scope of the excess safeguards that are reasonably calculated to conducts activities that further exempt benefit transactions that occurred in Year 3, prevent future diversions. The excess benefit purposes. O employs C as its Chief Financial taken collectively, are significant in relation transactions have not been corrected, nor has Officer. During Year 1, O pays $2,500 of C’s to the size and scope of O’s regular and O made good faith efforts to seek correction personal expenses. O does not make these ongoing exempt function activities that were from C, the disqualified person who payments under an accountable plan under conducted in Year 3. Beginning in Year 4, benefited from the excess benefit however, as O’s exempt function activities § 53.4958–4(a)(4) of this chapter. In addition, transactions. Based on the application of the O does not report any of these payments on are established and grow, the size and scope factors to these facts, O is no longer described of the excess benefit transactions that C’s Form W–2, ‘‘Wage and Tax Statement,’’ in section 501(c)(3) effective in Year 5. or on a Form 1099–MISC, ‘‘Miscellaneous occurred in Year 3 become less and less Example 4. (i) O conducts activities that significant as compared to the size and extent Income,’’ for C for Year 1, and O does not further exempt purposes. O employs C as its of O’s regular and ongoing exempt function report these payments as compensation on its Chief Executive Officer. C, on behalf of O, activities that began in Year 4 and continued Form 990, ‘‘Return of Organization Exempt entered into a contract with Company K to thereafter. O was involved in repeated excess From Income Tax,’’ for Year 1. Moreover, construct an addition to O’s existing benefit transactions in Year 3. However, by none of these payments can be disregarded building. The addition to O’s building is a discontinuing its practice of purchasing art under section 4958 as nontaxable fringe from its current and former trustees, by significant undertaking in relation to O’s benefits and none consisted of fixed replacing its former board with independent other activities. C owns all of the voting stock payments under an initial contract under members of the community, and by adopting of Company K. Under the contract, O paid § 53.4958–4(a)(3) of this chapter. C does not a conflicts of interest policy and art valuation Company K an amount that substantially report the $2,500 of payments as income on guidelines, O has implemented safeguards exceeded the fair market value of the services his individual federal income tax return for that are reasonably calculated to prevent Company K provided. When O’s board of Year 1. O does not repeat this reporting future violations. In addition, O has made a trustees approved the contract with Company omission in subsequent years and, instead, good faith effort to seek correction from the K, the board did not perform due diligence reports all payments of C’s personal expenses disqualified persons who benefited from the that could have made it aware that the not made under an accountable plan as excess benefit transactions (its former contract price for Company K’s services was income to C. trustees). Based on the application of the excessive. Subsequently, but before the IRS (ii) O’s payment in Year 1 of $2,500 of C’s factors to these facts, O continues to meet the commences an examination of O, O’s board personal expenses constitutes an excess requirements for tax exemption under section of trustees determines that the contract price benefit transaction between an applicable 501(c)(3). was excessive. Thus, O concludes that an tax-exempt organization and a disqualified Example 3. (i) O conducts educational excess benefit transaction has occurred. After person under section 4958. Therefore, this programs for the benefit of the general public. the board makes this determination, it transaction is subject to the appropriate Since its formation, O has employed its promptly removes C as Chief Executive excise taxes provided in that section. In founder, C, as its Chief Executive Officer. Officer, terminates C’s employment with O, addition, this transaction violates the Beginning in Year 5 of O’s operations and and hires legal counsel to recover the excess proscription against inurement in section continuing to the present, C caused O to payments to Company K. In addition, O 501(c)(3) and § 1.501(c)(3)–1(c)(2). divert significant portions of O’s funds to pay promptly adopts a conflicts of interest policy (iii) The application of the factors in C’s personal expenses. The diversions by C and significant new contract review § 1.501(c)(3)–1(g)(2)(ii) to these facts is as significantly reduced the funds available to procedures designed to prevent future follows. O engages in regular and ongoing conduct O’s ongoing educational programs. recurrences of this problem. activities that further exempt purposes. The The board of trustees never authorized C to (ii) The purchase of services by O from payment of $2,500 of C’s personal expenses cause O to pay C’s personal expenses from Company K at more than fair market value represented only a de minimis portion of O’s O’s funds. Certain members of the board were constitutes an excess benefit transaction assets and revenues; thus, the size and scope aware that O was paying C’s personal between an applicable tax-exempt of the excess benefit transaction were not expenses. However, the board did not organization and disqualified persons under significant in relation to the size and scope terminate C’s employment and did not take section 4958. Therefore, this transaction is of O’s activities that further exempt purposes. any action to seek repayment from C or to subject to the appropriate excise taxes The reporting omission that resulted in the prevent C from continuing to divert O’s funds provided in that section. In addition, this excess benefit transaction in Year 1 is not to pay C’s personal expenses. C claimed that transaction violates the proscription against repeated in subsequent years. Based on the O’s payments of C’s personal expenses inurement under section 501(c)(3) and application of the factors to these facts, O represented loans from O to C. However, no § 1.501(c)(3)–1(c)(2). continues to be described in section contemporaneous loan documentation exists, (iii) The application of the factors in 501(c)(3). and C never made any payments of principal § 1.501(c)(3)–1(g)(2)(ii) to these facts is as or interest. follows. O has engaged in regular and (3) Effective date. The rules in (ii) The diversions of O’s funds to pay C’s ongoing activities that further exempt paragraph (g) of this section will apply personal expenses constituted excess benefit purposes both before and after the excess with respect to excess benefit

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transactions occurring after the date of effective in Year 5, under the lookback rules (1) Web Site: http://dms.dot.gov. in § 53.4958–2(a)(1) and § 53.4958–3(a)(1) of publication in the Federal Register of a (2) Mail: Docket Management Facility, Treasury Decision adopting these rules this chapter, for a period of five years prior to the excess benefit transactions that U.S. Department of Transportation, 400 as final regulations. occurred in Year 5, O was an applicable tax- Seventh Street SW., Washington, DC PART 53—FOUNDATION AND SIMILAR exempt organization and O’s directors were 20590–0001. disqualified persons as to O. Therefore, the (3) Fax: 202–493–2251. EXCISE TAXES transactions between O and its directors Par. 3. The authority citation for part during Year 5 are subject to the appropriate (4) Delivery: Room PL–401 on the excise taxes provided in section 4958. 53 continues to read, in part, as follows: Plaza level of the Nassif Building, 400 * * * * * Seventh Street SW., Washington, DC, Authority: 26 U.S.C. 7805. between 9 a.m. and 5 p.m., Monday Par. 4. In § 53.4958–2, paragraph Mark E. Matthews, through Friday, except Federal holidays. (a)(6) is added to read as follows: Deputy Commissioner for Services and The telephone number is 202–366– Enforcement. 9329. § 53.4958–2 Definition of applicable tax- [FR Doc. 05–17858 Filed 9–8–05; 8:45 am] exempt organization. BILLING CODE 4830–01–P (5) Federal eRulemaking Portal: (a) * * * http://www.regulations.gov. (6) Examples. The following examples FOR FURTHER INFORMATION CONTACT: illustrate the principles of this section, DEPARTMENT OF HOMELAND Roger Wiebusch, Bridge Administration which defines an applicable tax-exempt SECURITY Branch, telephone 314 539–3900, ext. organization for purposes of section 2378. 4958: Coast Guard Example 1. O is a nonprofit corporation SUPPLEMENTARY INFORMATION: 33 CFR Part 117 formed under state law. O filed its Request for Comments application for recognition of exemption [USCG–2005–22362; Formerly CGD08–05– under section 501(c)(3) within the time 046] We encourage you to participate in prescribed under section 508(a). In its this rulemaking by submitting application, O described its plans for RIN 1625–AA09 purchasing property from some of its comments and related material. If you directors at prices that would exceed fair Drawbridge Operation Regulation; Gulf do so, please include your name and market value. After reviewing the Intracoastal Waterway, West Larose, address, identify the docket number for application, the IRS determined that because LA this rulemaking (USCG–2005–22362), of the proposed property purchase indicate the specific section of this transactions, O failed to establish that it met AGENCY: Coast Guard, DHS. document to which each comment the requirements for an organization ACTION: Notice of proposed rulemaking; applies, and give the reason for each described in section 501(c)(3). Accordingly, change of address and docket number comment. Please submit all comments the IRS denied O’s application. While O’s for comments. application was pending, O engaged in the and related material in an unbound format, no larger than 81⁄2 by 11 inches, purchase transactions described in its SUMMARY: On September 2, 2005, the suitable for copying. If you would like application at prices that exceeded the fair Coast Guard published a notice and to know they reached us, please enclose market value of the property. Although these requested comments on a proposed transactions would constitute excess benefit a stamped, self-addressed postcard or change to regulations governing the transactions under section 4958, because the envelope. We will consider all operation of the SR 1 (West Larose) IRS never recognized O as an organization comments and material received during vertical lift bridge across the Gulf described in section 501(c)(3), O was never the comment period. We may change Intracoastal Waterway, mile 35.6 west of an applicable tax-exempt organization under this proposed rule in view of them. section 4958. Therefore, these transactions Harvey Lock, at Larose, Louisiana. The are not subject to the excise taxes provided proposed rule would change the Change of Address and Docket in section 4958. bridge’s schedule so that it would Example 2. O is a nonprofit corporation remain closed to navigation at various The notice of proposed rulemaking formed under state law. O files its times on weekdays during the school published September 2, 2005 (70 FR application for recognition of exemption year to facilitate the safe, efficient 52343) entitled, ‘‘Drawbridge Operation under section 501(c)(3) within the time Regulation; Gulf Intracoastal Waterway, prescribed under section 508(a). The IRS movement of staff, students and other issues a favorable determination letter in residents within the parish. That notice West Larose, LA’’, listed an address in Year 1 that recognizes O as an organization was issued August 26, 2005, before New Orleans, LA, as the place to send described in section 501(c)(3). Subsequently, Hurricane Katrina struck New Orleans your comments on the proposed rule. in Year 5 of O’s operations, O engages in and caused that city to be flooded. We That rulemaking notice was issued certain transactions that constitute excess have changed the address and docket August 26, 2005, before Hurricane benefit transactions under section 4958 and number where comments on the Katrina struck New Orleans and flooded violate the proscription against inurement proposed rule should be sent because of that city. We have changed the location under section 501(c)(3) and § 1.501(c)(3)– for receiving comments because of flood 1(c)(2). The IRS examines the Form 990, flood conditions in New Orleans. ‘‘Return of Organization Exempt From DATES: Comments and related material conditions in New Orleans. If you wish Income Tax’’, that O filed for Year 5. After must reach the Coast Guard on or before to comment on the proposed rule, send considering all the relevant facts and November 1, 2005. your comment to the Docket circumstances in accordance with ADDRESSES: You may submit comments Management Facility in Washington, § 1.501(c)(3)–1(g), the IRS concludes that O is identified by Coast Guard docket DC, by one of the means indicated in the no longer described in section 501(c)(3) ADDRESSES section above in this notice. effective in Year 5. The IRS does not examine number USCG–2005–22362 to the the Forms 990 that O filed for its first four Docket Management Facility at the U.S. With this change of address, we have years of operations and, accordingly, does Department of Transportation. To avoid also changed the docket number to not revoke O’s exempt status for those years. duplication, please use only one of the USCG–2005–22362. Please use this new Although O’s tax-exempt status is revoked following methods: docket number.

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Dated: September 2, 2005. ADDRESSES: Submit comments, the body of your comment and with any Stefan G. Venckus, identified by Regional Material in disk or CD–ROM you submit. If EPA Chief, Office of Regulations and EDocket (RME) ID No. R05–OAR–2005– cannot read your comment due to Administrative Law, U.S. Coast Guard. IN–0006, by one of the following technical difficulties and cannot contact [FR Doc. 05–17831 Filed 9–8–05; 8:45 am] methods: you for clarification, EPA may not be BILLING CODE 4910–15–P Federal eRulemaking Portal: http:// able to consider your comment. www.regulations.gov. Follow the on-line Electronic files should avoid the use of instructions for submitting comments. special characters, any form of Agency Web site: http:// ENVIRONMENTAL PROTECTION encryption, and be free of any defects or docket.epa.gov/rmepub/. RME, EPA’s AGENCY viruses. electronic public docket and comments Docket: All documents in the 40 CFR Parts 52 and 81 system, is EPA’s preferred method for receiving comments. Once in the electronic docket are listed in the RME [R05–OAR–2005–IN–0006; FRL–7965–7] system, select quick search, then key in index at http://docket.epa.gov/rmepub/. the appropriate RME Docket Although listed in the index, some Determination of Attainment, Approval identification number. Follow the on- information is not publicly available, and Promulgation of Implementation line instructions for submitting i.e., CBI or other information whose Plans and Designation of Areas for Air comments. disclosure is restricted by statute. Quality Planning Purposes; Indiana; E-mail: [email protected]. Certain other material, such as Redesignation of the Evansville Area Fax: (312) 886–5824. copyrighted material, is not placed on to Attainment of the 8-Hour Ozone Mail: You may send written the Internet and will be publicly Standard comments to: John M. Mooney, Chief, available only in hard copy form. Criteria Pollutant Section, (AR–18J), Publicly available docket materials are AGENCY: Environmental Protection U.S. Environmental Protection Agency, available either electronically in RME or Agency (EPA). Region 5, 77 West Jackson Boulevard, in hard copy at Environmental ACTION: Proposed rule. Chicago, Illinois 60604. Protection Agency, Region 5, Air and Hand delivery: Deliver your Radiation Division, 77 West Jackson SUMMARY: On June 2, 2005, the State of comments to: John M. Mooney, Chief, Boulevard, Chicago, Illinois 60604. We Indiana, through the Indiana Criteria Pollutant Section, (AR–18J), recommend that you telephone Edward Department of Environmental U.S. Environmental Protection Agency, Doty, Environmental Scientist, at (312) Management (IDEM), submitted: A Region 5, 77 West Jackson Boulevard, 886–6057, before visiting the Region 5 request for the EPA to redesignate the 18th floor, Chicago, Illinois 60604. Such office. This Facility is open from 8:30 area of Evansville (Vanderburgh and deliveries are only accepted during the a.m. to 4:30 p.m., Monday through Warrick Counties) from nonattainment Regional Office’s normal hours of Friday, excluding legal holidays. to attainment of the 8-hour ozone operation. The Regional Office’s official National Ambient Air Quality Standard FOR FURTHER INFORMATION CONTACT: hours of business are Monday through (NAAQS); and a request for EPA Edward Doty, Environmental Scientist, Friday, 8:30 a.m. to 4:30 p.m. excluding approval of an Indiana State Criteria Pollutant Section, Air Programs Federal holidays. Implementation Plan (SIP) revision Instructions: Direct your comments to Branch (AR–18J), U.S. Environmental containing a 10-year maintenance plan RME ID No. R05–OAR–2005–IN–0006. Protection Agency, Region 5, 77 West for the Evansville area. EPA is EPA’s policy is that all comments Jackson Boulevard, Chicago, Illinois proposing to approve the State’s request received will be included in the public 60604, (312) 886–6057, to redesignate the Evansville area to docket without change, including any [email protected]. attainment of the 8-hour ozone NAAQS. personal information provided, and may EPA’s proposed approval of the SUPPLEMENTARY INFORMATION: be made available online at http:// redesignation request is based on the Throughout this document whenever docket.epa.gov/rmepub/, unless the determination that the Evansville area ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean comment includes information claimed and the State of Indiana have met the EPA. This supplementary information to be Confidential Business Information criteria for redesignation to attainment section is arranged as follows: (CBI) or other information whose specified in the Clean Air Act (CAA), disclosure is restricted by statute. I. EPA’s Proposed Actions including the determination that the Do not submit information that you A. What Actions Is EPA Proposing to Take? Evansville area has attained the 8-hour consider to be CBI or otherwise B. Do These Actions Apply to Me? ozone standard. In conjunction with the protected through RME, regulations.gov, C. What Is the Background for These proposed approval of the redesignation or e-mail. The EPA RME Web site and Proposed Actions? request for the Evansville area, EPA is the Federal regulations.gov Web site are II. What Are the Criteria for Redesignation to proposing to approve the State’s plan to ‘‘anonymous access’’ systems, which Attainment? III. What Is the Effect of EPA’s Actions? maintain the attainment of the 8-hour means EPA will not know your identity IV. What Is EPA’s Analysis of the State’s ozone NAAQS through 2015 in this area or contact information unless you as a revision to the Indiana SIP. EPA is Request? provide it in the body of your comment. V. Has Indiana Adopted Acceptable Motor also proposing to approve 2015 Volatile If you send an e-mail comment directly Organic Compounds (VOC) and Oxides Vehicle Emissions Budgets for the End of to EPA without going through RME or the 10-Year Maintenance Plan (for 2015) of Nitrogen (NOX) Motor Vehicle regulations.gov, your e-mail address Which Can Be Used to Support Emissions Budgets (MVEBs), which are will be automatically captured and supported by and consistent with the Conformity Determinations? included as part of the comment that is A. How Are the MVEBs Developed and 10-year maintenance plan for this area, placed in the public docket and made for purposes of transportation What Are the MVEBs for the Evansville available on the Internet. If you submit Area? conformity. an electronic comment, EPA B. What Is a Safety Margin? DATES: Comments must be received on recommends that you include your C. Are the MVEBs Approvable? or before October 11, 2005. name and other contact information in VI. Statutory and Executive Order Reviews

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I. EPA’s Proposed Actions presence of sunlight to form ground- (as ozone nonattainment areas required level ozone along with other secondary to meet the requirements of subpart 1 A. What Actions Is EPA Proposing to compounds. NOX and VOC are referred only). Take? to as ‘‘ozone precursors.’’ In the April 30, 2004 designation/ EPA is proposing to take two related The CAA required EPA to designate classification rulemaking, the Evansville actions. First, EPA is proposing to as nonattainment any area that violated area was designated as nonattainment determine that the Evansville, Indiana the 8-hour ozone NAAQS based on the for the 8-hour ozone standard, and was ozone nonattainment area (Vanderburgh three most recent years of air quality identified as a subpart 1 nonattainment and Warrick Counties) has attained the data (2001–2003 ozone data were area.3 This designation was based on 8-hour ozone NAAQS, and that it has considered for the initial 8-hour ozone ozone data collected in the Evansville met the requirements for redesignation designations). The Federal Register area during the 2001–2003 period. under section 107(d)(3)(E) of the CAA. notice making these designations was On June 2, 2005, the State of Indiana EPA is, therefore, proposing to approve signed on April 15, 2004, and was requested redesignation of the a request from the State of Indiana to published on April 30, 2004 (69 FR Evansville area to attainment for the change the designation of the Evansville 23857). 8-hour ozone NAAQS based on ozone area from nonattainment to attainment The CAA contains two sets of data collected during the 2002–2004 for the 8-hour ozone NAAQS. provisions—subpart 1 and subpart 2— period. Today’s proposed rule addresses Second, EPA is proposing to approve that address planning and emission this redesignation request. Indiana’s ozone maintenance plan, as a control requirements for nonattainment requested SIP revision, for this area. The areas. (Both are found in title I, part D II. What Are the Criteria for maintenance plan is designed to keep of the CAA.) Subpart 1 contains general, Redesignation to Attainment? the Evansville area in attainment of the less prescriptive requirements for The CAA provides the requirements 8-hour ozone NAAQS for the next 10 nonattainment areas for any pollutant, for redesignating a nonattainment area years, through 2015. As supported by including ozone, governed by any to attainment. Specifically, section and consistent with the ozone NAAQS, and applies to all 107(d)(3)(E) allows for redesignation maintenance plan, EPA is proposing to nonattainment areas. Subpart 2 contains provided that: (1) The Administrator approve the 2015 VOC and NOX MVEBs more specific requirements for certain determines that the area has attained the for the Evansville area for conformity ozone nonattainment areas, and applies applicable NAAQS; (2) the purposes. to ozone nonattainment areas classified Administrator has fully approved an under section 181 of the CAA. Subpart applicable SIP for the area under section B. Do These Actions Apply to Me? 1 nonattainment areas, those areas not 110(k) of the CAA; (3) the Administrator These proposed actions pertain to the classified under section 181 of the CAA, determines that the improvement in air designation of the Evansville area for are subject only to the provisions of quality is due to permanent and the 8-hour ozone NAAQS and to the subpart 1. Subpart 2 nonattainment enforceable emissions reductions emission controls in this area and in its areas, however, are subject to the resulting from implementation of the upwind environs related to attainment provisions of subpart 2, as well as to applicable SIP, applicable Federal air and maintenance of the 8-hour ozone provisions of subpart 1 (many of the pollution control regulations, and other NAAQS. The emissions of concern are requirements in subpart 1 are permanent and enforceable emissions VOC and NOX. If you own or operate a superseded by the more stringent reductions; (4) the Administrator has VOC or NOX emissions source in the requirements of subpart 2). fully approved a maintenance plan for Evansville area or live in this area, this In the April 30, 2004 designation the area as meeting the requirements of proposed rule may impact or apply to rulemaking, EPA divided 8-hour ozone section 175A of the CAA; and, (5) the you. It may also impact you if you are nonattainment areas into the categories state containing the area has met all involved in transportation planning or of subpart 1 nonattainment and subpart requirements applicable to the area implementation of emission controls in 2 nonattainment based on their 8-hour under section 110 and part D of the the Evansville area. ozone design values (i.e., the three-year CAA. average annual fourth-highest daily EPA provided guidance on C. What Is the Background for These maximum 8-hour ozone concentrations Proposed Actions? redesignation in the General Preamble at the worst-case monitoring sites in the for the Implementation of Title I of the EPA has determined that ground-level designated areas) and their 1-hour ozone CAA Amendments of 1990 on April 16, ozone is detrimental to human health. design values (i.e., the fourth-highest 1992 (57 FR 13498), and supplemented On July 18, 1997, the EPA promulgated daily maximum 1-hour ozone this guidance on April 28, 1992 (57 FR concentrations over the three-year an 8-hour ozone NAAQS (62 FR 38856) 18070). EPA provided further guidance period at the worst-case monitoring sites of 0.08 parts per million parts of air on processing redesignation requests in 1 in the designated areas).2 8-hour ozone (0.08 ppm) (80 parts per billion (ppb)). the following documents: nonattainment areas with 1-hour ozone This 8-hour ozone standard replaces a ‘‘Ozone and Carbon Monoxide Design prior 1-hour ozone NAAQS, which had design values equaling or exceeding 121 ppb were designated as classified Value Calculations,’’ Memorandum been promulgated on February 8, 1979 from Bill Laxton, June 18, 1990; (44 FR 8202), and which was revoked nonattainment areas (as nonattainment areas required to meet the requirements ‘‘Maintenance Plans for Redesignation on June 15, 2005. Ground-level ozone is of Ozone and Carbon Monoxide not emitted directly by sources. Rather, of subpart 2 of the CAA). All other 8- hour nonattainment areas were emitted NOX and VOC react in the 3 Because this area was not violating the 1-hour designated as basic nonattainment areas ozone NAAQS, with a 1-hour ozone design value 1 This standard is violated in an area when any below the 121 ppb cutoff, at the time of the ozone monitor in the area (or in its impacted 2 The 8-hour ozone design value and 1-hour promulgation of the 8-hour ozone designations and downwind environs) records 8-hour ozone ozone design value for each area were not classifications, EPA determined that this area concentrations with an average of the annual necessarily recorded at the same monitoring site. should be addressed through the less prescriptive fourth-highest daily maximum 8-hour ozone The worst-case monitoring site for each requirements of subpart 1 of the Clean Air Act concentrations over a three-year period equaling or concentration averaging time was considered for rather than through the more prescriptive exceeding 85 ppb. each area. requirements of subpart 2 of the Clean Air Act.

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Nonattainment Areas,’’ Memorandum ‘‘Part D New Soure Review (part D NSR) hour ozone NAAQS. For ozone, an area from G.T. Helms, Chief, Ozone/ Requirements for Areas Requesting may be considered to be attaining the 8- Carbon Monoxide Programs Branch, Redesignation to Attainment,’’ hour ozone NAAQS if there are no April 30, 1992; Memorandum from Mary D. Nichols, violations of the NAAQS, as determined ‘‘Contingency Measures for Ozone and Assistant Administrator for Air and in accordance with 40 CFR 50.10 and Carbon Monoxide (CO) Radiation, October 14, 1994; and, Appendix I, based on the most recent Redesignations,’’ Memorandum from ‘‘Reasonable Further Progress, three complete, consecutive calendar G.T. Helms, Chief, Ozone/Carbon Attainment Demonstration, and years of quality-assured air quality Monoxide Programs Branch, June 1, Related Requirements for Ozone monitoring data at any monitoring site 1992; Nonattainment Areas Meeting the in the area. To attain this standard, the ‘‘Procedures for Processing Requests to Ozone National Ambient Air Quality average of the annual fourth-high daily Redesignate Areas to Attainment,’’ Standard,’’ Memorandum from John maximum 8-hour average ozone Memorandum from John Calcagni, S. Seitz, Director, Office of Air concentrations measured at each Director, Air Quality Management Quality Planning and Standards, May monitor (the monitoring site’s ozone Division, September 4, 1992; 10, 1995. design value) within the area (or in its ‘‘State Implementation Plan (SIP) III. What Is the Effect of EPA’s Actions? downwind environs) over the 3-year Actions Submitted in Response to period must not exceed the ozone Approval of this redesignation request Clean Air Act (Act) Deadlines,’’ standard. Based on the rounding would change the official designation of Memorandum from John Calcagni, convention described in 40 CFR part 50, the Evansville area for the 8-hour ozone Director, Air Quality Management appendix I, the 8-hour ozone standard is NAAQS found at 40 CFR part 81. It Division, October 28, 1992; attained if the area’s ozone design value would also incorporate into the Indiana ‘‘Technical Support Documents (TSD’s) is 0.084 ppm or lower. The data must SIP a plan for maintaining the 8-hour for Redesignation of Ozone and be collected and quality-assured in ozone NAAQS in the area through 2015. Carbon Monoxide Nonattainment accordance with 40 CFR part 58, and The maintenance plan includes Areas,’’ Memorandum from G.T. recorded in EPA’s Aerometric contingency measures to remedy Helms, Chief, Ozone/Carbon Information Retrieval System (AIRS). possible future violations of the 8-hour Monoxide Programs Branch, August The ozone monitors generally should ozone NAAQS, and establishes MVEB’s 17, 1993; have remained at the same locations for of 4.20 tons per day (tpd) for VOC, and the duration of the monitoring period ‘‘State Implementation Plan (SIP) 5.40 tpd for NO . Requirements for Areas Submitting X required for demonstrating attainment Requests for Redesignation to IV. What Is EPA’s Analysis of the (for three years or more). Attainment of the Ozone and Carbon State’s Request? As part of the June 2, 2005 ozone Monoxide (CO) National Ambient Air EPA is proposing to: (1) Determine redesignation request, IDEM submitted Quality Standards (NAAQS) On or that the Evansville area has attained the summarized ozone monitoring data After November 15, 1992,’’ 8-hour ozone standard and approve the indicating the top four daily maximum Memorandum from Michael H. redesignation of the Evansville area to 8-hour ozone concentrations for each Shapiro, Acting Assistant attainment of the 8-hour ozone NAAQS; monitoring site for each year during the Administrator for Air and Radiation, and, (2) approve the ozone maintenance 2002–2004 period. These summarized September 17, 1993; plan for this area. The bases for our worst-case ozone concentrations are part ‘‘Use of Actual Emissions in proposed determination and approvals of the quality-assured ozone data Maintenance Demonstrations for are as follows: collected in the Evansville area. These Ozone and CO Nonattainment Areas,’’ data have been entered into EPA’s AIRS. Memorandum from D. Kent Berry, 1. The Evansville Area Has Attained the The fourth high 8-hour daily maximum Acting Director, Air Quality 8-Hour Ozone NAAQS concentrations, along with their three- Management Division, November 30, EPA is proposing to determine that year averages are summarized in Table 1993; the Evansville area has attained the 8- 1.

TABLE 1.—FOURTH-HIGH 8-HOUR OZONE CONCENTRATIONS IN PARTS PER BILLION (PPB)

Average County Monitoring site 2002 2003 2004 fourth-high concentration

Vanderburgh ...... Evansville ...... 95 81 72 82 Vanderburgh ...... Inglefield ...... 86 75 57 73 Warrick ...... Yankeetown ...... 94 82 74 83 Warrick ...... Boonville ...... 91 76 72 79 Warrick ...... Lynville ...... 90 78 64 77

These data show that the ozone Preliminary data through July of the any changes to the existing monitoring design values (averaged fourth-high 2005 ozone season show that the area network. daily maximum 8-hour concentrations) continues to attain the 8-hour ozone EPA believes that the data submitted for the monitoring sites are all below the standard. by Indiana provide an adequate 84 ppb ozone standard violation cut-off. As discussed below with respect to demonstration that the Evansville area These data support the conclusion that the ozone maintenance plan, Indiana has attained the 8-hour ozone NAAQS. the Evansville area did not experience a has committed to continue ozone Therefore, we propose to find that the monitored violation of the 8-hour ozone monitoring in this area. IDEM commits Evansville area has attained the 8-hour standard during the 2002–2004 period. to consult with the EPA prior to making ozone standard.

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2. The Evansville Area Has Met All general requirements for a SIP, which (70 FR 21147, April 25, 2005). However, Applicable Requirements Under Section include: enforceable emission the section 110(a)(2)(D) requirements for 110 and Part D of the CAA and the Area limitations and other control measures, a state are not linked with a particular Has a Fully Approved SIP Under means, or techniques; provisions for the nonattainment area’s designation and Section 110(k) of the CAA establishment and operation of classification in that state. EPA believes EPA has determined that Indiana has appropriate devices necessary to collect that the requirements linked with a met all currently applicable SIP data on ambient air quality; and particular nonattainment area’s requirements for the Evansville area programs to enforce the emission designation and classification are the under section 110 of the CAA (general limitations. General SIP elements and relevant measures to evaluate in SIP requirements). EPA has also requirements are delineated in section reviewing a redesignation request. The determined that the Indiana SIP meets 110(a)(2) of title I, part A of the CAA. transport SIP submittal requirements, currently applicable SIP requirements These requirements and SIP elements where applicable, continue to apply to include, but are not limited to, the under part D of title I of the CAA a state regardless of the designation of following: (a) Submittal of a SIP that has any one particular area in the state. (requirements specific to subpart 1 been adopted by the state after We believe that these requirements nonattainment areas). See section reasonable public notice and a hearing; should not be construed to be applicable 107(d)(3)(E)(v) of the CAA. In addition, (b) provisions for establishment and requirements for purposes of EPA has determined that the SIP is fully operation of appropriate procedures redesignation. Further, we believe that approved with respect to all applicable needed to monitor ambient air quality; the other section 110 elements requirements. See section (c) implementation of a source permit described above that are not connected 107(d)(3)(E)(ii) of the CAA. In making program; (d) provisions for the with nonattainment plan submissions these determinations, EPA ascertained implementation of part C requirements and not linked with an area’s attainment what requirements are applicable to the (Prevention of Significant Deterioration status are also not applicable area, and determined that the applicable (PSD)) and part D requirements (New requirements for purposes of portions of the SIP meeting these Source Review (NSR)) for new sources redesignation. A state remains subject to requirements are fully approved under or major source modifications; (e) these requirements after an area is section 110(k) of the CAA. We note that criteria for stationary source emission redesignated to attainment. We SIPs must be fully approved only with control measures, monitoring, and conclude that only the section 110 and respect to currently applicable reporting; (f) provisions for air quality part D requirements which are linked requirements of the CAA. modeling; and (g) provisions for public with a particular area’s designation and a. The Evansville area has met all and local agency participation. classification are the relevant measures applicable requirements under section SIP requirements and SIP elements in evaluating a redesignation request. 110 and part D of the CAA. The are discussed in the following EPA This approach is consistent with EPA’s September 4, 1992 Calcagni documents: ‘‘Procedures for Processing existing policy on applicability of memorandum (see ‘‘Procedures for Requests to Redesignate Areas to conformity and oxygenated fuels Procedures for Processing Requests to Attainment,’’ Memorandum from John requirements for redesignation Redesignate Areas to Attainment,’’ Calcagni, Director, Air Quality purposes, as well as with section 184 Memorandum from John Calcagni, Management Division, September 4, ozone transport requirements. See Director, Air Quality Management 1992; ‘‘State Implementation Plan (SIP) Reading, Pennsylvania, proposed and Division, September 4, 1992) describes Actions Submitted in Response to Clean final rulemakings (61 FR 53174–53176, EPA’s interpretation of section Air Act (CAA) Deadlines,’’ October 10, 1996), (62 FR 24826, May 7, 107(d)(3)(E) of the CAA. Under this Memorandum from John Calcagni, 1997); Cleveland-Akron-Loraine, Ohio, interpretation, to qualify for Director, Air Quality Management final rulemaking (61 FR 20458, May 7, redesignation of an area to attainment, Division, October 28, 1992; and ‘‘State 1996); and Tampa, Florida, final the state and the area must meet the Implementation Plan (SIP) rulemaking (60 FR 62748, December 7, relevant CAA requirements that come Requirements for Areas Submitting 1995). See also the discussion on this due prior to the state’s submittal of a Requests for Redesignation to issue in the Cincinnati ozone complete redesignation request for the Attainment of the Ozone and Carbon redesignation (65 FR 37890, June 19, area. See also the September 17, 1993 Monoxide (CO) National Ambient Air 2000), and the Pittsburgh ozone Shapiro memorandum and 66 FR 12459, Quality Standards (NAAQS) on or After redesignation (66 FR 50399, October 19, 12465–12466 (March 7, 1995) November 15, 1992,’’ Memorandum 2001). Finally, Indiana’s submission (redesignation of Detroit-Ann Arbor, from Michael H. Shapiro, Acting under the CAIR rule is not due until Michigan to attainment of the 1-hour Assistant Administrator, September 17, September 2006. ozone NAAQS). Applicable 1993. See also other guidance We believe that section 110 elements requirements of the CAA that come due documents listed above. not linked to the area’s nonattainment subsequent to the state’s submittal of a Section 110(a)(2)(D) of the CAA status are not applicable for purposes of complete redesignation request remain requires that SIPs contain certain redesignation. Nonetheless, we also note applicable until a redesignation to measures to prevent sources in a state that EPA has previously approved attainment is approved, but are not from significantly contributing to air provisions in the Indiana SIP addressing required as a prerequisite to quality problems in another state. To section 110 elements under the 1-hour redesignation. See section 175A(c) of implement this provision, EPA has standard. See 40 CFR part 52, subpart P. the CAA. Sierra Club v. EPA, 375 F.3d required certain states to establish We believe that the section 110 SIP 537 (7th Cir. 2004). See also 68 FR programs to address transport of air approved for the 1-hour standard may 25424, 25427 (May 12, 2003) pollutants (NOX SIP call, Clean Air likely be sufficient to meet requirements (redesignation of the St. Louis/East St. Interstate Rule (CAIR)). EPA has also under the 8-hour ozone standard, as Louis area to attainment of the 1-hour found, generally, that states have not well. EPA is in the process of further ozone NAAQS). submitted SIPs under section 110(a)(1) evaluating this question, and will, in the General SIP requirements: Section to meet the interstate transport future if necessary, announce whether 110(a) of title I of the CAA contains the requirements of section 110(a)(2)(D)(i) any additional section 110 SIP

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provisions are needed for the Evansville regulations that the CAA required the measures it may approve in conjunction area under the 8-hour ozone standard. EPA to promulgate. with a redesignation action. See 68 FR Part D SIP requirements. EPA has In addition to the fact that part D 25426 (May 12, 2003). Since the passage determined that the Indiana SIP meets requirements did not become due prior of the CAA of 1970, Indiana has adopted applicable SIP requirements under part to Indiana’s submission of the and submitted, and EPA has fully D of the CAA since no such redesignation request and, therefore, are approved, provisions addressing the requirements became due for the 8-hour not applicable, EPA believes that it is various required SIP elements ozone standard prior to submission of reasonable to interpret the conformity applicable to the Evansville area for the area’s redesignation request. Subpart requirements as not applying for purposes of redesignation. No 1 of part D, found in sections 172–176 purposes of evaluating the ozone Evansville area SIP provisions are of the CAA, sets forth the basic redesignation request under section currently disapproved, conditionally nonattainment area plan requirements 107(d) of the CAA because state approved, or partially approved. As applicable to all nonattainment areas. conformity rules are still required after indicated above, EPA believes that the Because the Evansville area is a subpart redesignation of an area to attainment of section 110 elements not connected 1 8-hour ozone nonattainment area and a NAAQS and Federal conformity rules with nonattainment plan submissions is not classified under subpart 2 of part apply where state rules have not been and not linked to the area’s D of the CAA for the 8-hour ozone approved. See Wall v. EPA, 265 F.3d nonattainment status are not applicable standard, subpart 2 of part D of the CAA 426 (6th Cir. 2001). See also 60 FR requirements for purposes of does not apply to this area. 62748 (December 7, 1995) (Tampa, redesignation. EPA has also noted that Section 172(c) requirements. For Florida). it may well conclude that the section purposes of evaluating this ozone EPA has also determined that areas 110 SIP submission approved under the redesignation request, the applicable being redesignated need not comply 1-hour standard will be adequate for part D, subpart 1 SIP requirements for with the requirement that a NSR purposes of the 8-hour standard. EPA the Evansville area are contained in program be approved prior to also believes that since the part D section 172 of the CAA. A thorough redesignation, provided that the area requirements did not become due prior discussion of the requirements of demonstrates maintenance of the to submission of the redesignation section 172 can be found in the General standard without part D NSR, since PSD request, they also are, therefore, not Preamble for Implementation of Title I requirements will apply after applicable requirements for purposes of (57 FR 13498, April 16, 1992). redesignation. A more detailed rationale redesignation. No requirements under part D became for this view is described in a due prior to submission of the memorandum from Mary Nichols, 3. The Air Quality Improvement in the redesignation request, and, therefore, Assistant Administrator for Air and Evansville Area Is Due to Permanent none is applicable to the area for Radiation, dated October 14, 1994, and Enforceable Reductions in purposes of redesignation. For example, entitled, ‘‘Part D New Source Review Emissions From Implementation of the the requirement for an ozone attainment Requirements for Areas Requesting SIP and Applicable Federal Air demonstration to meet the requirement Redesignation to Attainment.’’ Indiana Pollution Control Regulations and Other of section 172(c)(1) is not yet applicable, has demonstrated that the area will be Permanent and Enforceable Emission nor are the requirements for Reasonably able to maintain the standard without Reductions Available Control Measures (RACM) part D NSR in effect, and therefore, EPA EPA believes that the State of Indiana and Reasonably Available Control concludes that the State need not have has demonstrated that the observed air Technology (RACT) (section 172(c)(1)), a fully approved part D NSR program quality improvement in the Evansville Reasonable Further Progress (RFP) prior to approval of the redesignation area is due to permanent and (section 172(c)(2)), and contingency request. The State’s PSD program will enforceable reductions in emissions measures (section 172(c)(9)). become effective in the Evansville area resulting from implementation of the Since the State of Indiana has upon redesignation to attainment. See SIP, Federal measures, and other state- submitted a complete ozone rulemakings for Detroit, Michigan (60 adopted measures. redesignation request for the Evansville FR 12467–12468, March 7, 1995); In making this demonstration, the area prior to the deadline for any Cleveland-Akron-Lorain, Ohio (61 FR State has documented the changes in submissions, we are proposing to 20458, 20469–20470, May 7, 1996); VOC and NOX emissions for both the determine that the part D requirements Louisville, Kentucky (66 FR 53665, Evansville ozone nonattainment area do not apply to the Evansville area for October 23, 2001); Grand Rapids, and for five additional counties 4 purposes of redesignation. Michigan (61 FR 31834–31837, June 21, (Dubois, Gibson, Pike, Posey, and Section 176 conformity requirements. 1996). Thus, the area has satisfied all Spencer) in the Southwestern Indiana Section 176(c) of the CAA requires applicable requirements under section

states to establish criteria and 4 110 and part D of the CAA. IDEM documented the VOC and NOX emissions procedures to ensure that Federally- b. The Evansville area has a fully in these five counties at the request of the EPA. supported or funded activities, approved applicable SIP under section Although no analyses or modeling exist including highway projects, conform to 110(k) of the CAA. EPA has fully demonstrating that these specific emissions significantly contributed to the peak ozone levels in the air planning goals in the applicable approved the Indiana SIP for the the Evansville area, it is recognized, based on SIP. The requirement to determine Evansville area under section 110(k) of available ozone analyses and modeling for the conformity applies to transportation the CAA for all applicable requirements. Midwest, that regional emissions outside of the plans, programs and projects developed, EPA may rely on prior SIP approvals in Evansville area are likely to have significantly contributed to the peak ozone concentrations in the funded or approved under Title 23 approving a redesignation request (See Evansville area. The documentation of the VOC and U.S.C. and the Federal Transit Act the September 4, 1992 John Calcagni NOX emissions for these neighboring counties (transportation conformity) as well as to memorandum, page 3, Southwestern characterizes the relative magnitude of regional all other Federally-supported or funded Pennsylvania Growth v. versus local emissions, and, through emission projections (documented in subsequent tables in projects (general conformity). State Browner, 144 F.3d 984, 989–990 (6th this proposed rule), the directionality of regional conformity SIP revisions must be Cir. 1998), Wall v. EPA, 265 F.3d 426 emissions that may also impact future ozone consistent with Federal conformity (6th Cir. 2001)) plus any additional concentrations.

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area between 1996, when the Evansville emissions for the Evansville ozone Southwestern Indiana area. Therefore, area was monitored with a violation of nonattainment area and for the the national emission control the 8-hour ozone NAAQS, and 2002, remainder of the Southwestern Indiana requirements for the EGUs have likely one of the years during the three-year area have shown significant downward had a significant impact on the NOX period when the Evansville area trends between 1996 and 2002. IDEM emissions in this area and on the ozone monitored attainment of the 8-hour notes that the emissions in this area are concentrations monitored in the ozone NAAQS. The VOC emissions and decreasing substantially in response to Evansville area. To some extent, these NOX emissions for the Southwestern national emission reduction programs emission controls have also resulted in Indiana area (with the Evansville area affecting all Electric Generating Units reductions in VOC emissions from these emissions given as a sub-portion of the (EGUs), including the acid rain control sources. summarized emissions) are given in program and the NOX SIP Call. A Tables 2 and 3. The VOC and NOX significant number of EGUs exist in the

TABLE 2.—VOC EMISSIONS IN THE EVANSVILLE AND SOUTHWESTERN INDIANA AREAS—1996–2002 IN TONS PER SUMMER DAY 5

County 1996 1999 2002

Vanderburgh/Warrick ...... 55.54 58.28 41.13 Dubois ...... 24.84 23.23 18.83 Gibson ...... 11.49 11.57 13.29 Pike ...... 4.36 4.22 4.66 Posey ...... 14.87 13.80 10.57 Spencer ...... 7.38 8.68 7.39 Southwest Indiana Total ...... 118.48 119.77 95.87

TABLE 3.—NOX EMISSIONS IN THE EVANSVILLE AND SOUTHWESTERN INDIANA AREAS—1996–2002 IN TONS PER SUMMER DAY

County 1996 1999 2002

Vanderburgh/Warrick ...... 119.72 130.40 95.42 Dubois ...... 19.21 17.02 8.32 Gibson ...... 143.52 163.00 140.12 Pike ...... 81.73 66.08 64.65 Posey ...... 36.84 48.77 38.43 Spencer ...... 102.75 116.44 99.27

Southwest Indiana Total ...... 503.78 541.71 446.21

Other emission controls have also standard, and was not required to and light duty trucks, including sport been implemented in Southwestern demonstrate attainment of the 1-hour utility vehicles. The Federal rules are Indiana. IDEM notes that statewide VOC ozone standard, no ozone precursor being phased in between 2004 and 2009. RACT rules were adopted for a limited emission controls were specifically Mobile source NOX emissions are set of existing sources in the mid-1990s, required for the Evansville area. expected to be decreased by 65 to 90 and have been implemented by new Therefore, the statewide and national percent, depending on vehicle type. sources located in Indiana since that emission control requirements have Mobile source VOC emissions are time. The following Indiana VOC RACT provided the majority of the emission expected to be decreased by 12 to 18 rules have been adopted and reductions in this area. percent depending on vehicle type. implemented on a statewide basis: 326 Besides the statewide VOC RACT Heavy-Duty Diesel Engines. The Indiana Administrative Code (IAC) 8–2 rules and national NOX emission control Heavy-Duty Diesel Engine rule applies (Surface Coating Emission Limitations); requirements, other Federal emission to new heavy-duty gasoline and diesel 326 IAC 8–3 (Organic Solvent reduction requirements have resulted in trucks and buses, and is expected to Degreasing Operations); 326 IAC 8–4 decreased ozone precursor emissions in reduce NOX emissions from new (Petroleum Sources); 326 IAC 8–5 the Southwestern Indiana area and/or vehicles by up to 40 percent. The rule (Miscellaneous Operations); 326 IAC will produce future emission reductions is being phased in from 2004 through 8–6 (Organic Solvent Emission leading to maintenance of the ozone 2007. Limitations); and, 326 IAC 8–10 (Auto standard in the Evansville area. These Non-Road Diesel Rule. This rule Body Refinishing). Compliance with emission reduction requirements generally applies to new stationary these rules have reduced VOC emissions include the following: diesel engines used in certain in the Southwestern Indiana area. Tier 2 Emission Standards for industries, including construction, Since the Evansville area was Vehicles and Gasoline Sulfur Standards. agriculture, and mining. In addition to previously classified as a marginal These emission control requirements affecting engine design, this rule nonattainment area for the 1-hour ozone result in lower emissions from new cars includes requirements for cleaner fuels.

5 See Footnote 4 above. The most relevant in the remaining counties serve only to demonstrate emissions, impact the Evansville area’s peak ozone emissions in this table and in subsequent emissions the relative magnitude of regional versus local levels. tables are the VOC and NOX emissions in emissions and the directionality over time of Vanderburgh and Warrick Counties. The emissions regional emissions in general that, along with local

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It is expected to reduce NOX emissions at least ten years after the Administrator Mobile On-Road Sources—Mobile from these engines by up to 90 percent, approves the redesignation to source emissions were calculated using and to significantly reduce particulate attainment. Eight years after the MOBILE6 emission factors. Traffic data matter and sulfur emissions from these redesignation, the State must submit a (vehicle miles traveled, vehicle speeds, engines. This rule will limit emissions revised maintenance plan which and vehicle type and age distributions) from new engines beginning in 2008. demonstrates that attainment will for 2002 were calculated using the travel The rule has not impacted current continue to be maintained for the ten demand model and post-processor emissions from these engines, but is years following the initial ten-year provided by the Evansville Urban expected to have a significant impact maintenance period. To address the Transportation Study (EUTS). IDEM has during the maintenance period for the possibility of future NAAQS violations, provided detailed data summaries to Evansville area. the 8-hour ozone maintenance plan document the calculation of mobile on- IDEM notes that some emission must contain such contingency road VOC and NOX emissions for 2002, reductions have resulted from measures, with a schedule for as well as for the projection years of permanent source closures in the implementation, as EPA deems 2010 and 2015 (further discussed Evansville area, and that these emission necessary, to assure prompt correction below). reductions have contributed to the of any future 8-hour ozone standard downward trend in emissions in the violations. The September 4, 1992 John Point Source Emissions—2002 point Evansville area and toward attainment Calcagni memorandum provides source emissions were compiled from of the 8-hour ozone standard. In its June additional guidance on the content of IDEM’s 2002 annual emissions 2, 2005 submittal, IDEM has listed the maintenance plans. An ozone statement database and the 2002 EPA source closures that have occurred maintenance plan should, at minimum, Air Markets acid rain emissions between 1996 and 2002. IDEM confirms address the following items: The inventory database. that the emissions reductions resulting attainment VOC and NOX emissions Mobile Non-Road Emissions—Non- from the source closures are permanent inventories; a maintenance road mobile source emissions were and will be maintained in the future. To demonstration showing maintenance for generated by the EPA and documented prevent these emission reductions from the first ten years of the maintenance in the 2002 National Emissions being totally consumed by period; a commitment to maintain the Inventory (NEI). In addition to the data unconstrained source growth, IDEM existing monitoring network; factors and taken from the NEI, IDEM also states that any reopening of the closed procedures to be used for verification of considered emissions for commercial facilities will require review under continued attainment; and, a marine vessels and railroads, obtained Indiana’s new source review program contingency plan to prevent and/or from the Lake Michigan Air Directors after the redesignation of the Evansville correct any future violation of the Consortium (LADCO). The NEI area to attainment of the 8-hour ozone NAAQS. emissions data for recreational NAAQS and the implementation of b. Attainment Emissions Inventories motorboats and construction equipment appropriate emission controls for new IDEM prepared comprehensive VOC were significantly revised based on local sources. data. The NEI emissions from Indiana commits to maintain all and NOX emissions inventories for recreational motorboats were revised to existing emission control measures that Vanderburgh and Warrick Counties, account for local motorboat population affect the Evansville area after this area including point (significant stationary data and local spatial surrogates. The is redesignated to attainment. All sources), area (smaller stationary NEI construction equipment emissions changes in existing rules affecting the sources and widely-distributed sources), Evansville area and new rules mobile on-road, and mobile non-road were reviewed and updated based on subsequently needed for continued sources for a base year/attainment year surveys completed in the Midwest. maintenance of the 8-hour ozone of 2002. IDEM has documented the VOC IDEM also updated the temporal allocation of agricultural emissions. NAAQS in the Evansville area will be and NOX emissions by major source submitted to the EPA for approval as categories for Vanderburgh and Warrick The 2002 attainment year VOC and SIP revisions. Counties, along with the VOC and NOX NOX emissions for Vanderburgh and emissions for other counties in the Warrick Counties are summarized along 4. The Evansville Area Has a Fully Southwestern Indiana area for 1996, with the 2010 and 2015 projected Approvable Ozone Maintenance Plan 1999, and 2002, which were years EPA emissions for these Counties in Tables Pursuant to Section 175A of the CAA required states to prepare and submit 4 below, which covers the In conjunction with its request to periodic emission inventory updates. demonstration of maintenance for this redesignate the Evansville area to To develop the base year emissions area. It is our conclusion that the State attainment of the ozone NAAQS, inventories, IDEM used the following has adequately derived and documented approaches and sources of data: Indiana submitted a SIP revision to the attainment year VOC and NOX provide for maintenance of the 8-hour Area Sources—Area source VOC and emissions for this area. ozone NAAQS in the Evansville area for NOX emissions were taken from the at least 10 years after the redesignation Indiana 2002 periodic emissions c. Demonstration of Maintenance of this area to attainment of the NAAQS. inventory, which was previously submitted to the EPA. The area source As part of its June 2, 2005 ozone a. What Is Required in an Ozone emission estimates were derived using redesignation request submittal, IDEM Maintenance Plan? United States Department of Commerce included a requested revision of the SIP Section 175A of the CAA sets forth Bureau of Economic Analysis (BEA) to include a 10-year ozone maintenance the required elements of maintenance growth factors to project emissions plan as required by section 175A of the plans for areas seeking redesignation derived for 1996 and 1999. The area CAA. This demonstration shows from nonattainment to attainment. source estimates also involved the use maintenance of the 8-hour ozone Under section 175A, a maintenance of current local source surrogate data, NAAQS by assuring that current and plan must demonstrate continued including area populations and future emissions of VOC and NOX attainment of the applicable NAAQS for employment data by source type. remain at or below the attainment year

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emission levels.6 Note that a (October 19, 2001) and 68 FR 25430– year in the 10-year maintenance maintenance demonstration need not be 25432 (May 12, 2003). demonstration period to demonstrate based on modeling. See Wall v. EPA, Table 4 specifies the VOC and NOX that the VOC and NOX emissions are not 265 F.3d 426 (6th Cir. 2001), Sierra Club emissions for Venderburgh and Warrick projected to increase above the v. EPA, 375 F.3d 537 (7th Cir. 2004). See Counties combined for 2002, 2010, and attainment levels in the middle of the also 66 FR 53094, 53099–53100 2015. IDEM chose 2010 as an interim 10-year period.

TABLE 4.—ATTAINMENT YEAR (2002) AND PROJECTED VOC AND NOX EMISSIONS IN VANDERBURGH AND WARRICK COUNTIES (TPSD)

VOC NOX Source sector 2002 2010 2015 2002 2010 2015

Point ...... 5.16 6.77 8.09 70.19 30.18 31.43 Area ...... 18.60 21.36 23.46 2.95 3.20 3.27 On-Road ...... 11.21 6.02 4.12 16.40 9.30 5.01 Non-Road ...... 6.16 4.42 3.80 5.88 4.52 3.23

Total ...... 41.13 38.56 39.47 95.42 47.19 42.94

IDEM also considered regional outside of the nonattainment area were for these counties by major source emissions from other counties in the less of a concern. IDEM determined the sector. It can be seen that the NOX Southwestern Indiana area. IDEM attainment year and projected year NOX emissions totals in these counties are concluded, based on analyses by emissions for Dubois, Gibson, Pike, projected to decrease after 2002, which 7 LADCO, that regional NOX emissions Posey, and Spencer Counties, which are indicates that the transport of NOX into changes may significantly impact the the other counties in the Southwestern the Evansville area will also decrease ozone levels in the Evansville area, Indiana area as noted above. Table 5 during the 10-year maintenance period. whereas regional VOC emissions summarizes the NOX emissions totals

TABLE 5.—ATTAINMENT YEAR AND PROJECTED NOX EMISSIONS IN COUNTIES IN THE VICINITY OF THE EVANSVILLE AREA (TPSD)

NOX Source sector 2002 2010 2015

Point ...... 318.03 134.22 134.71 Area ...... 2.37 2.53 2.61 On-Road Mobile ...... 18.63 10.68 6.70 Non-Road Mobile ...... 11.76 9.72 7.73

Total ...... 350.79 157.15 151.76

The emission projections show that model and projected traffic data planning analyses being conducted to the ozone precursor emissions in the obtained from the Evansville Urban attain the 8-hour ozone and PM2.5 Evansville area in addition to the NOX Transportation Study’s Travel Demand standards in the upper Midwest urban emissions in other counties in its Model, the same procedure used to areas and region. It should also be noted vicinity are not expected to exceed the determine the attainment year on-road that the NOX emission estimates are also levels of the 2002 attainment year mobile source emissions. Emissions for consistent with the Indiana state-wide during the 10-year maintenance period. the other major source sectors were NOX emission budget established in The decreases in local and regional NOX determined using source activity/growth Indiana’s EGU NOX rule. emissions indicate that peak ozone data provided by LADCO. LADCO has Based on the comparison of the levels in the Evansville area may developed source growth and emission projected emissions and the attainment actually be expected to further decline control data for sources in the upper year emissions, we conclude that IDEM during the 10-year maintenance period. Midwest for use in 8-hour ozone and has successfully demonstrated that the IDEM has documented the procedures fine particulate (PM2.5) modeling 8-hour ozone standard should be used to project emissions. On-road analyses. Therefore, IDEM’s emission maintained in the Evansville area. We mobile source emissions were projected projections for the Evansville area and believe that this is especially likely using the MOBILE6 emission factor its vicinity are consistent with the given the projected decrease in the

6 The attainment year can be any of the three Strategies and Standards Division. As noted here, were sensitive to changes in local VOC emissions consecutive years where the area has clean air Indiana chose to use 2002 as the attainment year and to changes in regional NOX emissions outside quality data (2002, 2003, or 2004 for the Evansville because the State was already preparing emissions of the urban areas. Changes in regional VOC area). 2002 is the recommended base year for ozone for this year to prepare the base year emissions emissions upwind of these urban areas produced attainment and rate-of-progress demonstrations, as inventory. minimal changes in the peak ozone concentrations discussed in a November 18, 2002 memorandum, 7 Analyses conducted by LADCO to support the in these urban areas. Modeling for the 8-hour ozone ‘‘2002 Base Year Emission Inventory SIP Planning: development of 1-hour ozone attainment standard being conducted by LADCO and its 8-hr Ozone, PM2.5 and Regional Haze Programs,’’ demonstrations showed that peak ozone member states suggests that the same principle also from Lydia N. Wegman, Director, Air Quality concentrations in the Chicago and Milwaukee areas applies in other major urban areas in the region.

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8 region’s NOX emissions. As noted by f. Contingency Plan An Action Level response will occur IDEM, this conclusion is further when a two-year average annual fourth- supported by the fact that other states in The contingency plan provisions are high monitored daily peak 8-hour ozone the eastern portion of the United States designed to promptly correct or prevent concentration of 85 ppb occurs at any are expected to further reduce regional a violation of the NAAQS that might monitor in the ozone maintenance area. NO emissions through the occur after redesignation of an area to In this situation, IDEM will determine X attainment of the NAAQS. Section 175A implementation of their NO rules for the additional emission control X of the CAA requires that a maintenance EGUs and other major NO emission measures needed to assure future X plan include such contingency sources. In addition, further regional attainment of the 8-hour ozone NAAQS. measures as EPA deems necessary to emission reductions are expected to IDEM will focus on emission control assure that the State will promptly occur as the result of the measures that can be implemented in a correct a violation of the NAAQS that short time, and selected emission implementation of EPA rules for Tier 2 might occur after redesignation. The motor vehicle standards, gasoline sulfur control measures will be adopted and maintenance plan should identify the implemented within 18 months from content restrictions, highway heavy- contingency measures to be adopted, a duty diesel engines, and non-road diesel the close of the ozone season with ozone schedule and procedure for adoption monitoring data that prompted the engines, all of which will be and implementation of the contingency Action Level Response. Adoption of any implemented during the next few years. measures, and a time limit for action by additional emission control measures The implementation of CAIR should the state. The state should also identify will be subject to the necessary also provide additional reductions in specific indicators to be used to administrative and legal procedures, regional NOX emissions. determine when the contingency including publication of notices and the d. Monitoring Network measures need to be adopted and opportunity for public comment and implemented. The maintenance plan response. If a new emission control As noted elsewhere in this proposed must include a requirement that the measure is adopted by the State rule, IDEM commits to continue state will implement all measures with (independent of the ozone contingency operating and maintaining an approved respect to control of the pollutant(s) that needs) or is adopted at a Federal level ozone monitoring network in the were contained in the SIP before and is scheduled for implementation in Evansville area in accordance with 40 redesignation of an area to attainment. a time frame that will mitigate an ozone CFR part 58 through the 10-year See section 175A(d) of the CAA. air quality problem, IDEM will maintenance period. This will allow the As required by section 175A of the determine whether this emission control confirmation of the maintenance of the CAA, Indiana has adopted a measure is sufficient to address the 8-hour ozone standard in this area. contingency plan to address a possible ozone air quality problem. If IDEM future ozone air quality problem. The determines that existing or soon-to-be- e. Verification of Continued Attainment contingency plan adopted by Indiana implemented emissions control Continued attainment of the 8-hour has two levels of responses, depending measures should be adequate to correct ozone NAAQS in the Evansville area on whether a violation of the 8-hour the ozone standard violation problem, depends, in part, on the State’s efforts ozone standard is only threatened IDEM may determine that additional toward tracking applicable indicators (Warning Level) or is imminent (Action emission control measures at the State level may be unnecessary. Regardless, during the maintenance period. The Level). IDEM will submit to the EPA an State’s plan for verifying continued A Warning Level response will occur analysis to demonstrate that proposed attainment of the 8-hour standard in the when an annual (1-year) fourth-high emission control measures are adequate Evansville area consists of plans to monitored daily peak 8-hour ozone to provide for future attainment of the continue ambient ozone monitoring in concentration of 88 ppb or higher is 8-hour ozone NAAQS in a timely accordance with the requirements of 40 monitored in a single ozone season at any monitor within the ozone manner. CFR part 58. In addition, IDEM will Contingency measures contained in maintenance area. A Warning Level periodically revise and review the VOC the maintenance plan are those response will consist of Indiana and NOX emissions inventories for the emission controls or other measures that performing a study to determine Evansville area to assure that emissions Indiana may choose to adopt and whether the high ozone concentration growth is not threatening the continued implement to correct possible air quality indicates a trend toward high ozone attainment of the 8-hour ozone standard problems. These include, but are not levels or whether emissions are in the Evansville area. Emissions limited to, the following: inventories will be revised for 2005, increasing. If a trend toward higher i. Lower Reid vapor pressure gasoline 2008, and 2011, as necessary to comply ozone concentrations exists and is likely requirements; with the emissions inventory reporting to continue, the emissions control ii. Broader geographic applicability of requirements of the CAA. The updated measures necessary to reverse the trend existing emission control measures; emissions inventories will be compared will be determined taking into iii. Tightened RACT requirements on to the 2002 emissions inventories to consideration ease and timing of existing sources covered by EPA Control assess emission trends and assure implementation, as well as economic Technique Guidelines (CTGs) issued in continued attainment of the 8-hour and social considerations. The study, response to the 1990 CAA amendments; ozone standard. including applicable recommended next iv. Application of RACT to smaller steps, will be completed within 12 existing sources; 8 As noted above, the emissions from the months from the close of the ozone v. Vehicle Inspection and ‘‘neighboring counties’’ (those counties outside of season with the recorded high ozone Maintenance (I/M); the Evansville area) are indicative of the emission concentration. If emission controls are vi. One or more Transportation changes expected in the region as a whole. needed to reverse the adverse ozone Control Measure (TCM) sufficient to Therefore, since emissions are projected to decline in the neighboring counties, we can assume that trend, the procedures for emission achieve at least a 0.5 percent reduction emissions upwind of the Evansville area will also control selection under the Action Level in actual area wide VOC emissions, to decline over the subject period. response will be followed. be selected from the following:

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A. Trip reduction programs, attainment is established for the last published on July 1, 2004 (69 FR including, but not limited to, employer- year of the maintenance plan. The 40004). EPA follows this guidance and based transportation management plans, MVEB serves as a ceiling on emissions rulemaking in making its adequacy area wide rideshare programs, work from an area’s planned transportation determinations. schedule changes, and telecommuting; system. The MVEB concept is further The Evansville area’s 10-year B. Transit improvements; explained in the preamble to the maintenance plan contains VOC and C. Traffic flow improvements; and November 24, 1993 transportation NOX MVEBs for 2015. The availability D. Other new or innovative conformity rule (58 FR 62188). The of the SIP submission with these 2015 transportation measures not yet in preamble also describes how to MVEBs was announced for public widespread use that affect State and establish the MVEB in the SIP and how comment on EPA’s adequacy Web page local governments as deemed to revise the MVEB if needed. on April 12, 2005, at: http:// appropriate; Under section 176(c) of the CAA, new www.epa.gov/otaq/transp/conform/ vii. Alternative fuel and diesel retrofit transportation projects, such as the currsips.htm. The EPA public comment programs for fleet vehicle operations; construction of new highways, must period on the adequacy of the 2015 viii. Controls on consumer products ‘‘conform’’ to (i.e., be consistent with) MVEBs for the Evansville area closed on consistent with those adopted elsewhere the part of the SIP that addresses May 12, 2005. EPA did not receive any in the United States; emissions from cars and trucks. adverse comments. On June 30, 2005 (70 ix. VOC or NOX emission offsets for Conformity to the SIP means that FR 37856), EPA published a notice of new or modified major sources; transportation activities will not cause adequacy to notify the public that we x. VOC or NOX emission offsets for new air quality violations, worsen had found the 2015 MVEBs to be new or modified minor sources; existing air quality violations, or delay adequate for use in transportation xi. Increased ratio of emission offset timely attainment of the NAAQS. If a conformity analyses. required for new sources; and, transportation plan does not conform, EPA, through this rulemaking, is xii. VOC or NO emission controls on X most new transportation projects that proposing to approve the MVEBs for use new minor sources (with VOC or NO X would expand the capacity of roadways to determine transportation conformity emissions less than 100 tons per year). cannot go forward. Regulations at 40 in the Evansville area because EPA has g. Provisions for Future Updates of the CFR part 93 set forth EPA’s policy, determined that the budgets are Ozone Maintenance Plan criteria, and procedures for consistent with the control measures in As required by section 175A(b) of the demonstrating and assuring conformity the SIP and that the Evansville area can CAA, Indiana commits to submit to the of transportation activities to a SIP. maintain attainment of the 8-hour ozone EPA an update of the ozone When reviewing SIP revisions NAAQS for the relevant 10-year period containing MVEBs, including maintenance plan eight years after with mobile source emissions at the attainment strategies, rate-of-progress levels of the MVEBs. IDEM has redesignation of the Evansville area to plans, and maintenance plans, EPA determined the 2015 MVEBs for the cover an additional 10-year period must affirmatively find that the MVEBs Evansville area (for Vanderburgh and beyond the initial 10-year maintenance are ‘‘adequate’’ for use in determining Warrick Counties combined) to be 4.20 period. transportation conformity. Once EPA tpd for VOC and 5.40 tpd day for NOX. V. Has Indiana Adopted Acceptable affirmatively finds the submitted It should be noted that these MVEBs Motor Vehicle Emissions Budgets for MVEBs to be adequate for transportation exceed the on-road mobile source VOC the End of the 10-Year Maintenance conformity purposes, the MVEBs are and NOX emissions projected by IDEM Plan (for 2015) Which Can Be Used To used by state and federal agencies in for 2015, as summarized in Table 4, Support Conformity Determinations? determining whether proposed above (‘‘On-Road’’ source sector). transportation projects conform to the Through discussions with all A. How Are the MVEBs Developed and SIPs as required by section 176(c) of the organizations involved in transportation What Are the MVEBs for the Evansville CAA. EPA’s substantive criteria for planning for the Evansville area, IDEM Area? determining the adequacy of MVEBs are decided to include safety margins of Under the CAA, states are required to set out in 40 CFR 93.118(e)(4). 0.08 tpd of VOC and 0.39 tpd of NOX submit, at various times, control strategy EPA’s process for determining in the MVEBs to provide for mobile SIP revisions and ozone maintenance adequacy of a MVEB consists of three source growth. Indiana has plans for applicable areas (for ozone basic steps: (1) Providing public demonstrated that the Evansville area nonattainment areas and for areas notification of a SIP submissions; (2) can maintain the 8-hour ozone NAAQS seeking redesignations to attainment of providing the public the opportunity to with mobile source emissions of 4.20 the ozone standard). These emission comment on the MVEB during a public tpd of VOC and 5.40 tpd of NOX in control strategy SIP revisions (e.g., comment period; and (3) EPA’s finding 2015, since emissions will still remain reasonable further progress and of adequacy. The process of determining under the attainment year levels. attainment demonstration SIP revisions) the adequacy of submitted SIP MVEBs and ozone maintenance plans must was initially outlined in EPA’s May 14, B. What Is a Safety Margin? create MVEBs based on on-road mobile 1999 guidance, ‘‘Conformity Guidance A ‘‘safety margin’’ is the difference source emissions for criteria pollutants on Implementation of March 2, 199, between the attainment level of and/or their precursors to address Conformity Court Decision.’’ This emissions (from all sources) and the pollution from cars and trucks. The guidance was finalized in the projected level of emissions (from all MVEBs are the portions of the total Transportation Conformity Rule sources) in the maintenance plan. As allowable emissions that are allocated to Amendments for the ‘‘New 8-Hour noted in Table 4, the Evansville area highway and transit vehicle use that, Ozone and PM2.5 National Ambient Air VOC and NOX emissions are projected together with emissions from other Quality Standards and Miscellaneous to have safety margins of 1.66 tons per sources in the area, will provide for Revisions for Existing Areas: day for VOC and 52.48 tons per day for attainment or maintenance. Transportation Conformity Rule NOX in 2015 (the difference between the Under 40 CFR part 93, a MVEB for an Amendments—Response to Court attainment year, 2002, emissions and area seeking a redesignation to Decision and Additional Rule Change’’ the 2015 emissions for all sources in

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Vanderburgh and Warrick Counties law and does not impose any additional Advancement Act of 1995 (15 U.S.C. combined). enforceable duty beyond that required 272 note) do not apply. The MVEBs requested by IDEM by state law, it does not contain any Paperwork Reduction Act contain safety margins (selected by the unfunded mandate or significantly or State) significantly smaller than the uniquely affect small governments, as This proposed rule does not impose safety margins reflected in the total described in the Unfunded Mandates an information collection burden under emissions for the Evansville area. The Reform Act of 1995 (Pub. L. 104–4). the provisions of the Paperwork State is not requesting allocation of the Reduction Act of 1995 (44 U.S.C. 3501 entire available safety margins reflected Executive Order 13175 Consultation et seq.). in the demonstration of maintenance. and Coordination With Indian Tribal List of Subjects Therefore, even though the State is Governments requesting MVEBs that exceed the on- This proposed rule also does not have 40 CFR Part 52 road mobile source emissions for 2015 tribal implications because it will not Environmental protection, Air contained in the demonstration of have a substantial direct effect on one or pollution control, Intergovernmental maintenance, the increase in on-road more Indian tribes, on the relationship relations, Nitrogen oxides, Ozone, mobile source emissions that can be between the Federal Government and Particulate matter, Reporting and considered for transportation Indian tribes, or on the distribution of recordkeeping requirements, conformity purposes is well within the power and responsibilities between the Transportation conformity, Volatile safety margins of the ozone maintenance Federal Government and Indian tribes, organic compounds. demonstration. as specified by Executive Order 13175 40 CFR Part 81 C. Are the MVEBs Approvable? (65 FR 67249, November 9, 2000). Environmental protection, Air The VOC and NOX MVEBs for the Executive Order 13132 Federalism Evansville area are approvable because pollution control, National parks, they maintain the total emissions for This action also does not have Wilderness areas. Vanderburgh and Warrick Counties at or federalism implications because it does Dated: August 29, 2005. not have substantial direct effects on the below the attainment year inventory Bharat Mathur, States, on the relationship between the levels, as required by the transportation Acting Regional Administrator, Region 5. conformity regulations. National Government and the States, or on the distribution of power and [FR Doc. 05–17819 Filed 9–8–05; 8:45 am] VI. Statutory and Executive Order responsibilities among the various BILLING CODE 6560–50–P Reviews levels of government, as specified in Executive Order 13132 (64 FR 43255, Executive Order 12866; Regulatory ENVIRONMENTAL PROTECTION August 10, 1999). This action merely Planning and Review AGENCY proposes to approve a state rule Under Executive Order 12866 (58 FR implementing a federal standard, and 40 CFR Part 62 51735, October 4, 1993), this action is does not alter the relationship or the not a ‘‘significant regulatory action’’ and distribution of power and [RO3–OAR–2005–MD–0008; FRL–7996–8] therefore is not subject to review by the responsibilities established in the Clean Office of Management and Budget. Air Act. Approval and Promulgation of State Air Quality Plans for Designated Executive Order 13211: Actions That Executive Order 13045 Protection of Facilities and Pollutants; Maryland; Significantly Affect Energy Supply, Children From Environmental Health Control of Emissions From Distribution, or Use and Safety Risks Commercial and Industrial Solid Waste Because it is not a ‘‘significant Incineration (CISWI) Units This proposed rule also is not subject regulatory action’’ under Executive to Executive Order 13045 ‘‘Protection of Order 12866 or a ‘‘significant energy AGENCY: Environmental Protection Children from Environmental Health action,’’ this action is also not subject to Agency (EPA). Risks and Safety Risks’’ (62 FR 19885, Executive Order 13211, ‘‘Actions ACTION: Proposed rule. April 23, 1997), because it is not Concerning Regulations That economically significant. SUMMARY Significantly Affect Energy Supply, : EPA is proposing to approve Distribution, or Use’’ (66 FR 28355, May National Technology Transfer the May 12, 2005 negative declaration 22, 2001). Advancement Act letter submitted by the Maryland Department of the Environment (MDE). Regulatory Flexibility Act In reviewing SIP submissions, EPA’s The negative declaration certifies that This proposed action merely proposes role is to approve state choices, existing CISWI units, subject to Clean to approve state law as meeting Federal provided that they meet the criteria of Air Act (the Act) requirements of requirements and imposes no additional the Clean Air Act. In this context, in the sections 111(d) and 129 and the related requirements beyond those imposed by absence of a prior existing requirement emissions guidelines (EG), have been state law. Accordingly, the for the state to use voluntary consensus permanently shut down and have been Administrator certifies that this standards (VCS), EPA has no authority dismantled in the State of Maryland. proposed rule will not have a significant to disapprove a SIP submission for In the Final Rules section of this economic impact on a substantial failure to use VCS. It would thus be Federal Register, EPA is approving the number of small entities under the inconsistent with applicable law for MDE certification as a direct final rule Regulatory Flexibility Act (5 U.S.C. 601 EPA, when it reviews a SIP submission, without prior proposal because the et seq.). to use VCS in place of a SIP submission Agency views this as a noncontroversial that otherwise satisfies the provisions of action and anticipates no adverse Unfunded Mandates Reform Act the Clean Air Act. Thus, the comments. If no adverse comments are Because this rule proposes to approve requirements of section 12(d) of the received in response to this action, no pre-existing requirements under state National Technology Transfer and further activity is contemplated. If EPA

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receives adverse comments, the direct Instructions: Direct your comments to Docket: All documents in the final rule will be withdrawn and all RME ID No. R03–OAR–2005–MD–0008. electronic docket are listed in the RME public comments received will be EPA’s policy is that all comments index at http://www.docket.epa.gov/ addressed in a subsequent final rule received will be included in the public rmepub/. Although listed in the index, based on this proposed rule. EPA will docket without change, and may be some information is not publicly not institute a second comment period. made available online at http:// available, i.e., CBI or other information Any parties interested in commenting www.docket.epa.gov/rmepub/, whose disclosure is restricted by statute. on this action should do so at this time. including any personal information Certain other material, such as DATES: Comments must be received in provided, unless the comment includes copyrighted material, is not placed on writing by October 11, 2005. information claimed to be Confidential the Internet and will be publicly Business Information (CBI) or other available only in hard copy form. ADDRESSES: Submit your comments, information whose disclosure is Publicly available docket materials are identified by Regional Material in restricted by statute. Do not submit available either electronically in RME or EDocket (RME) ID Number R03–OAR– information that you consider to be CBI in hard copy during normal business 2005–MD–0008 by one of the following or otherwise protected through RME, hours at the Air Protection Division, methods: regulations.gov or e-mail. The EPA RME U.S. Environmental Protection Agency, A. Federal eRulemaking Portal: and the Federal regulations.gov Web Region III, 1650 Arch Street, http://www.regulations.gov. Follow the sites are an ‘‘anonymous access’’ Philadelphia, Pennsylvania 19103. on-line instructions for submitting system, which means EPA will not Copies of the State submittal are comments. know your identity or contact available at the Maryland Department of B. Agency Web site: http:// information unless you provide it in the the Environment, 1800 Washington www.docket.epa.gov/rmepub/ RME, body of your comment. If you send an Boulevard, Baltimore, Maryland 21230. EPA’s electronic public docket and e-mail comment directly to EPA without comment system, is EPA’s preferred going through RME or regulations.gov, FOR FURTHER INFORMATION CONTACT: method for receiving comments. Follow your e-mail address will be James B. Topsale, P.E., at (215) 814– the on-line instructions for submitting automatically captured and included as 2190, or by e-mail at comments. part of the comment that is placed in the [email protected]. C. E-mail: http:// public docket and made available on the SUPPLEMENTARY INFORMATION: For [email protected]. Internet. If you submit an electronic further information, please see the D. Mail: R03–OAR–2005–MD–0008, comment, EPA recommends that you information provided in the direct final Walter Wilkie, Chief, Air Quality include your name and other contact action, with the same title, that is Analysis, Mailcode 3AP22, U.S. information in the body of your located in the ‘‘Rules and Regulations’’ Environmental Protection Agency, comment and with any disk or CD–ROM section of this Federal Register Region III, 1650 Arch Street, you submit. If EPA cannot read your publication. Philadelphia, Pennsylvania 19103. comment due to technical difficulties E. Hand Delivery: At the previously and cannot contact you for clarification, Dated: September 1, 2005. listed EPA Region III address. Such EPA may not be able to consider your Richard J. Kampf, deliveries are only accepted during the comment. Electronic files should avoid Acting Regional Administrator, EPA Region Docket’s normal hours of operation, and the use of special characters, any form III. special arrangements should be made of encryption, and be free of any defects [FR Doc. 05–17930 Filed 9–8–05; 8:45 am] for deliveries of boxed information. or viruses. BILLING CODE 6560–50–M

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Notices Federal Register Vol. 70, No. 174

Friday, September 9, 2005

This section of the FEDERAL REGISTER organizations for a list of names and produced by the certified operation; and contains documents other than rules or addresses of production and handling (4) Name, address, and telephone proposed rules that are applicable to the operations certified in compliance with number of the certifying agent. These public. Notices of hearings and investigations, the NOP regulations. The OFPA requires certificates enjoy wide public committee meetings, agency decisions and public access to ‘‘certification circulation throughout the supply chain rulings, delegations of authority, filing of petitions and applications and agency documents’’ and laboratory analyses due to their use as prima facie evidence statements of organization and functions are pertaining to certification (7 U.S.C. of compliance with NOP regulations. examples of documents appearing in this 6506(a)(9)). The OFPA’s implementing Therefore, AMS intends to release the section. regulations at 7 CFR 205.504(b)(5) names and addresses of certified requires the release of those documents producers and handlers to the general cited in section 6506(a)(9) of the OFPA. public in response to requests for such DEPARTMENT OF AGRICULTURE AMS collects the names and information. addresses of certified organic producers Agricultural Marketing Service Dated: September 2, 2005. and handlers through requirements Lloyd C. Day, outlined at 7 CFR 205.501(a)(15)(ii). [Docket Number TM–05–10] Administrator, Agricultural Marketing This information is collected pursuant Service. National Organic Program (NOP) to information collection requirements [FR Doc. 05–17859 Filed 9–8–05; 8:45 am] overseen by the Office of Management AGENCY: Agricultural Marketing Service, and Budget (OMB) in accordance with BILLING CODE 3410–02–P USDA. the Paperwork Reduction Act of 1995, ACTION: Notice. 44 U.S.C. 3501 et seq. The collection DEPARTMENT OF AGRICULTURE number assigned to the NOP is OMB SUMMARY: The U.S. Department of number 0581–0191. Agriculture’s (USDA) Agricultural Food Safety and Inspection Service Marketing Service (AMS) is publishing III. Action [Docket No. 05–028N] this notice to inform certified organic The OFPA authorizes the release of producers and handlers of AMS’ the names and addresses of certified intention to release the names and Public Meeting on the Food Safety organic producers and handlers under Institute of the Americas addresses of certified operations to the the broad category of information general public. AMS has determined characterized by the OFPA as AGENCY: Food Safety and Inspection that the Organic Foods Production Act ‘‘certification documents.’’ The OFPA (7 Service, USDA. of 1990, as amended, 7 U.S.C. 6501 et U.S.C. 6506(a)(9)) requires public access ACTION: Notice. seq. (OFPA), authorizes the release of to certification documents and the names and addresses of certified laboratory analyses pertaining to SUMMARY: The Food Safety and organic producers and handlers under certification. Names and addresses of Inspection Service (FSIS) is announcing the broad category of information certified organic producers and handlers that it will hold a public meeting on characterized by the OFPA as are collected by AMS under the September 29–30, 2005, in Miami, ‘‘certification documents.’’ Therefore, requirements of 7 CFR Florida, to review and discuss the AMS intends to release the names and 205.501(a)(15)(ii). These names and progress made by the Food Safety addresses of certified producers and addresses are part of a larger Institute of the Americas (FSIA). The handlers to the general public in information submission and can be FSIA was created as an innovative response to requests for such reasonably viewed as ‘‘certification approach for integrating scientific food information. documents.’’ safety education, information, FOR FURTHER INFORMATION CONTACT: The release of the names and communication, and outreach in the Keith Jones, Director, Program addresses of certified organic producers Americas. During the public meeting, Development, National Organic and handlers is compatible with the the following issues relating to the FSIA Program, 1400 Independence Ave., SW., notions of transparency and public will be discussed: (1) Presentation of Room 4008–S, Ag Stop 0268, access embodied in the OFPA. Further, assessment and analysis of educational Washington, DC 20250–0268; the names and addresses of certified and informational needs identified Telephone: (202) 720–3252; Fax: (202) organic producers and handlers through a survey administered by 205–7808; e-mail: [email protected]. intended to be released are identical to FSIA’s partners, the University of SUPPLEMENTARY INFORMATION: those already contained on the Florida and Miami Dade College; (2) certificate of compliance required under presentation of FSIA’s 3–5 year Strategic I. Statutory Authority 7 CFR 205.404(b). Under 7 CFR Plan; (3) establishing strategies and best This notice is issued under the 205.404(b), an accredited certifying practices for developing and delivering authority of the OFPA of 1990, as agent must issue a certificate of organic programs identified through the needs amended, 7 U.S.C. 6501 et seq. operations which specifies the: (1) survey; and (4) planning next steps for Name and address of the certified the FSIA in fostering collaboration and II. Background operation; (2) Effective date of partnership development of the Over the past few months, AMS has certification; (3) Categories of organic proposed FSIA colleges. received a number of requests from operation, including crops, wild crops, The public meeting will be an private citizens and non-profit livestock, or processed products interactive session. Discussions will be

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conducted in plenary sessions for each All comments on this notice and the region. The nations of the Americas of the above four issues. comments on the topics to be discussed make up a community committed to DATES: The public meeting is scheduled at the public meeting will be available meeting the many challenges of for Thursday, September 29, 2005, from for public inspection in the FSIS Docket ensuring food safety and security. One 9 a.m. to 6 p.m. and Friday, September Room at the address listed above approach to these complex problems is 30, 2005, from 9 a.m. to 3 p.m. between 8:30 a.m. and 4:30 p.m., for our countries to develop and Comments on this notice must be Monday through Friday. The comments effectively exchange scientific received on or before September 19, also will be posted on the Agency’s Web information and education on food 2005. site at http://www.fsis.usda.gov/ safety and defense risks and on how to regulations_&_policies/ manage them. ADDRESSES: All FSIA meetings will take 2005_Notices_Index/index.asp. The FSIA was formally established at place at the Renaissance Eden Roc Limited shared exhibit space will be an organizational meeting in October Hotel, 4525 Collins Avenue, Miami available for participants to display 2004, and is an innovative approach for Beach, Florida 33140. Telephone applicable food safety, food security and harmonizing, developing, and number (305) 531–0000. In addition, a defense-related educational and training distributing food safety and security block of rooms has been held for material. Exhibitors are encouraged to information and education throughout participants at the Renaissance Eden notify FSIA, as early as possible, by the Americas; coordinating programs so Roc Hotel, 4525 Collins Avenue, Miami calling the toll-free registration number that we concentrate on areas where our Beach, Florida 33140. Telephone listed below. needs are the greatest; sharing resources number 1–800–327–8337. Participants FOR FURTHER INFORMATION CONTACT: on programs that already exist within in the FSIA meeting will receive a our community; promoting the special rate of $99.00 (plus tax) per Linda Swacina, The Food Safety Institute of the Americas office at (305) development of international food safety night. Reservations must be confirmed standards; and protecting ourselves as a 347–5552, [email protected] with the necessary credit card or region from food security threats. To or Stephen Hawkins, The Food Safety payment information no later than accomplish these missions, the FSIA is Institute of the Americas office at (305) September 14, 2005. Please reference in the process of developing and 347–5552, the USDA-FSIA meeting when making enlisting the support of existing [email protected] or reservations. networks among researchers, public Richard Van Blargan, The Food Safety A meeting agenda is available on the health officials, regulatory officials, and Institute of the Americas office at (305) Internet at http://www.fsis.usda.gov/ food and animal producers and 347–5552, News_&_Events/Meetings_&_Events distributors. There are many academic, [email protected] for which is a sub-Web site of the FSIS governmental and nongovernmental technical information. home page, at http:// organizations with wide-ranging All meeting participants will be www.fsis.usda.gov/. The official expertise that would make them required to register before entering the transcript of the meeting, when it potential partners in FSIA’s endeavors. becomes available, will be available in meeting. A pre-registration form is located at: http://www.fsis.usda.gov/ FSIA Subject Areas or Colleges FSIS Docket Room, Room 102, Cotton _ _ _ _ Annex, 300 12th Street, SW., News & Events/Meetings & Events. In one scenario, the FSIA would Washington, DC 20250–3700. You may also call in your registration establish the following nine colleges FSIS welcomes comments on the using a special toll free number that has and include development and topics to be discussed at the public been established for the public meeting. implementation of training, education, meeting. Comments on these topics may To phone in registration, please call and information materials in these be submitted by any of the following (Domestically (202) 205–0329 and TOLL areas: (1) Codex Alimentarius; (2) methods: FREE 1–877–239–2455). Regulatory Foundation Studies; (3) • Mail, including floppy disks or CD– Limited participant registration will Public Health Studies; (4) Food ROM’s, and hand- or courier-delivered be available the morning of September Security; (5) Manufactured Foods; (6) items: Send to Food Safety Institute of 29, 2005. Persons requiring a sign Animal and Food Production Studies; the Americas, U.S. Department of language interpreter or other special (7) Retail Programs; (8) Laboratory Agriculture, Food Safety and Inspection accommodations should notify the FSIA Studies; and (9) Consumer Education Service, Claude Pepper Federal office no later than September 23, 2005, and Information Programs. Building, 51 SW First Avenue, Suite at the (305) 347–5552 or by e-mail 1321, Miami, Florida 33130. [email protected]. FSIA Benefits • Electronic mail: English and Spanish translation services The major goal of the FSIA is to [email protected]. will be provided during meeting hours. improve and harmonize food safety Comments on the meeting notice may SUPPLEMENTARY INFORMATION: education, information, and be submitted by any of the following communication throughout the Background methods: Americas in order to improve public • Mail, including floppy disks or CD– The explosive growth of the health within each and among the ROM’s, and hand- or courier-delivered international food market has brought a countries of the region. It will provide items: Send to Docket Clerk, U.S. variety of foods never before available to major outreach activities to identify, Department of Agriculture, Food Safety the consumer’s table throughout the develop, and coordinate educational and Inspection Service, 300 12th Street, Americas. People can consume new programs and to promote the SW., Room 102 Cotton Annex, products from different regions and development of international food safety Washington, DC 20250. enjoy traditional seasonal favorites standards and common food protection • Electronic mail: throughout the year. Countries are now and defense. [email protected]. more dependent on each other’s FSIA will provide the regions of the All submissions received must safeguards to guarantee their citizens a Americas with greater access to food include the Agency name and docket wholesome food supply and to protect safety information and the technical number 05–028N. the public health of their country and assistance necessary to ensure the safety

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of food products. In addition, FSIA will to regulations, directives and notices. The meeting will be held at the Sweet promote the activities of the Codex Customers can add or delete Home Ranger Station; 3225 Highway 20; Alimentarius Commission to bring subscriptions themselves and have the Sweet Home, Oregon; (541) 367–5168. about standardization of food safety option to password protect their The tentative agenda includes: (1) requirements and become a forum for accounts. Finalizing Recommendations on 2006 scientific discussion relevant to food Done at Washington, DC, on September 7, Projects: (2) Public Forum; and (3) Field safety standards in the Americas. In this 2005. Trip to Title II Projects. way, it will encourage and support Barbara J. Masters, The Public Forum is tentatively development of science-based Administrator. scheduled to begin at 9:15 p.m. Time agreements that strengthen national and allotted for individual presentations [FR Doc. 05–18030 Filed 9–7–05; 2:19 pm] local economies. will be limited to 3–4 minutes. Written BILLING CODE 3410–DM–P Conclusion comments are encouraged, particularly if the material cannot be presented The FSIA will help establish working DEPARTMENT OF AGRICULTURE within the time limits for the Public relationships among collaborating Forum. Written comments may be countries through regular interaction of Forest Service submitted prior to the September 29th academic researchers and educators, meeting by sending them to Designated government regulators, and food safety Siskiyou County Resource Advisory Federal Official Donna Short at the professionals. Enhancing and fostering Committee address given below. these contacts are critically important in FOR FURTHER INFORMATION CONTACT: For addressing regional food safety concerns AGENCY: Forest Service, USDA. more information regarding this and improving understanding about ACTION: Notice of meeting. requirements for imported and exported meeting, contact Designated Federal products. SUMMARY: The Siskiyou County Official Donna Short; Sweet Home Resource Advisory Committee will meet Ranger District; 3225 Highway 20; Additional Public Notification in Yreka, California, September 19, Sweet Home, Oregon 97386; (541) 367– Public awareness of all segments of 2005. The meeting will include routine 9220. rulemaking and policy development is business and the review, discussion, Dated: September 1, 2005. important. Consequently, in an effort to and possible recommendation of Dallas J. Emch, ensure that the public and in particular submitted large projects. Forest Supervisor. minorities, women, and persons with DATES: The meeting will be held [FR Doc. 05–17898 Filed 9–8–05; 8:45 am] disabilities, are aware of this notice, September 19, 2005, from 4 p.m. until BILLING CODE 3410–11–M FSIS will announce it on-line through 7 p.m. the FSIS Web page located at http:// ADDRESSES: The meeting will be held at www.fsis.usda.gov/regulations/ the Yreka High School Library, Preece _ _ DEPARTMENT OF AGRICULTURE 2005 Notices Index/Index.asp. FSIS Way, Yreka, California. also will make copies of this Federal FOR FURTHER INFORMATION CONTACT: Don Forest Service Register publication available through Hall, RAC Coordinator, Klamath the FSIS Constituent Update, which is National Forest, (530) 841–4468 or Notice of Resource Advisory used to provide information regarding electronically at [email protected]. Committee Meeting FSIS policies, procedures, regulations, SUPPLEMENTARY INFORMATION: The Federal Register notices, FSIS public AGENCY: North Central Idaho Resource meeting is open to the public. Public meetings, recalls, and other types of Advisory Committee, Kamiah, Idaho, comment opportunity will be provided information that could affect or would USDA, Forest Service. and individuals will have the be of interest to constituents and ACTION: Notice of meeting. opportunity to address the Committee at stakeholders. The update is that time. SUMMARY: Pursuant to the authorities in communicated via Listserv, a free e-mail the Federal Advisory Committee Act subscription service consisting of Dated: September 2, 2005. (Pub. L. 92–463) and under the Secure industry, trade, and farm groups, Margaret J. Boland, Rural Schools and Community Self- consumer interest groups, allied health Designated Federal official. Determination Act of 2000 (Pub. L. 106– professionals, scientific professionals, [FR Doc. 05–17895 Filed 9–8–05; 8:45 am] 393) the Nez Perce and Clearwater and other individuals who have BILLING CODE 3410–11–M National Forests’ North Central Idaho requested to be included. The update Resource Advisory Committee will meet also is available on the FSIS web page. Friday, September 30, 2005 in Potlatch, Through Listserv and the web page, DEPARTMENT OF AGRICULTURE Idaho for a business meeting. The FSIS is able to provide information to a meeting is open to the public. much broader, more diverse audience. Forest Service In addition, FSIS offers an electronic SUPPLEMENTARY INFORMATION: The mail subscription service that provides Hood/Willamette Resource Advisory business meeting on September 30, at an automatic and customized Committee (RAC) the Potlatch Ranger Station, 1700 Highway 6, Potlatch, Idaho, beginning at notification when popular pages are AGENCY: Forest Service, USDA. 10 a.m. (PST). agenda topics will updated, including Federal Register ACTION: Notice of meeting. publications and related documents. include discussion of potential projects. This service is available at http:// SUMMARY: The Hood/Willamette A public forum will begin at 2:30 p.m. www.fsis.usda.gov/news_and_events/ Resource Advisory Committee (RAC) (PST). email_subscription/ and allows FSIS will meet on Thursday, September 29, FOR FURTHER INFORMATION CONTACT: Ihor customers to sign up for subscription 2005. The meeting and field trip is Mereszczak, Staff Officer and options in eight categories. Options scheduled to begin at 9 a.m. and will Designated Federal Officer, at (208) range from recalls to export information conclude at approximately 4:30 p.m. 935–2513.

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Dated: September 1, 2005. COMMITTEE FOR PURCHASE FROM End of Certification Ihor Mereszczak, PEOPLE WHO ARE BLIND OR Accordingly, the following products Acting Forest Supervisor. SEVERELY DISABLED and services are added to the [FR Doc. 05–17904 Filed 9–8–05; 8:45 am] Procurement List; Additions Procurement List: BILLING CODE 3410–11–M Products AGENCY: Committee for Purchase From People Who Are Blind or Severely Bag, Urine Collection Disabled. NSN: 6530–00–NSH–0028—Large, Enhanced ARCHITECTURAL AND Bag, No options ACTION: TRANSPORTATION BARRIERS Additions to Procurement List. NSN: 6530–00–NSH–0029—Medium, Enhanced Bag, No options COMPLIANCE BOARD SUMMARY: This action adds to the NSN: 6530–00–NSH–0030—Large, w/ Procurement List products and services Performance Review Board moleskin backing option to be furnished by nonprofit agencies Membership NSN: 6530–00–NSH–0031—Large, w/inlet employing persons who are blind or extension option AGENCY: Architectural and have other severe disabilities. NSN: 6530–00–NSH–0032—Large, w/drain Transportation Barriers Compliance EFFECTIVE DATE: October 9, 2005. extension Board. NSN: 6530–00–NSH–0033—Large, w/ ADDRESSES: Committee for Purchase moleskin & inlet extension ACTION: Notice. From People Who Are Blind or Severely NSN: 6530–00–NSH–0034—Large, w/ Disabled, Jefferson Plaza 2, Suite 10800, moleskin & drain extension SUMMARY: Notice is given of the 1421 Jefferson Davis Highway, NSN: 6530–00–NSH–0035—Large, w/inlet & appointment of members to a Arlington Virginia, 22202–3259. drain extension Performance Review Board for FOR FURTHER INFORMATION CONTACT: NSN: 6530–00–NSH–0036—Large, w/inlet, Architectural and Transportation drain extension & moleskin Sheryl D. Kennerly, Telephone: (703) NSN: 6530–00–NSH–0037—Medium, w/ Barriers Compliance Board. 603–7740, Fax: (703) 603–0655, or moleskin option FOR FURTHER INFORMATION CONTACT: e-mail [email protected]. NSN: 6530–00–NSH–0038—Medium, w/inlet Lawrence W. Roffee, Executive Director, SUPPLEMENTARY INFORMATION: On July 8, extension Architectural and Transportation and July 15, 2005, the Committee for NSN: 6530–00–NSH–0039—Medium, w/ Barriers Compliance Board, 1331 F Purchase From People Who Are Blind drain extension or Severely Disabled published notice NSN: 6530–00–NSH–0040—Medium, w/ Street, NW., Suite 1000, Washington, moleskin & inlet extension DC 20004–1111. Telephone (202) 272– (70 FR 39484, and 40978) of proposed NSN: 6530–00–NSH–0041—Medium, w/ 0001. additions to the Procurement List. moleskin & drain extension After consideration of the material NSN: 6530–00–NSH–0042—Medium, w/inlet SUPPLEMENTARY INFORMATION: Section presented to it concerning capability of & drain extension 4314(c) of Title 5, U.S.C., requires each qualified nonprofit agencies to provide NSN: 6530–00–NSH–0043—Medium, w/ agency to establish, in accordance with the products and services and impact of inlet, drain extension & moleskin regulations, one or more Senior the additions on the current or most NPA: Work, Incorporated, North Quincy, Executive Service (SES) performance recent contractors, the Committee has Massachusetts Contracting Activity: review boards. The function of the determined that the products and Veterans Affairs National Acquisition boards is to review and evaluate the services listed below are suitable for Center, Hines, Illinois initial appraisal of senior executives’ procurement by the Federal Government Services performance and make under 41 U.S.C. 46–48c and 41 CFR 51– recommendations to the appointing Service Type/Location: Custodial Services, 2.4. Alderson Plant Materials Center, 24910 authority relative to the performance of Regulatory Flexibility Act Certification Old Prison Farm Road, Alderson, West these executives. Because of its small Virginia. size, the Architectural and I certify that the following action will NPA: Gateway Industries, Inc., Ronceverte, Transportation Barriers Compliance not have a significant impact on a West Virginia. Board has appointed SES career substantial number of small entities. Contracting Activity: U.S. Department of appointees from other Federal boards to The major factors considered for this Agriculture, Natural Resources serve on its performance review board. certification were: Conversation Service, Morgantown, West Virginia. The members of the Performance 1. The action will not result in any Review Board for the Architectural and additional reporting, recordkeeping or Service Type/Location: Document Transportation Barriers Compliance Destruction, NARA, Denver Federal other compliance requirements for small Record Center, Rocky Mountain Region, Board are: entities other than the small • Building 48, 6th and Kipling, Denver, Kenneth M. Pusateri, General organizations that will furnish the Colorado. Manager, Defense Nuclear Facilities products and services to the NPA: Bayaud Industries, Inc., Denver, Safety Board. Government. Colorado. • Mary L. Johnson, General Counsel, 2. The action will result in Contracting Activity: National Archives & National Mediation Board. authorizing small entities to furnish the Records Administration, College Park, Maryland. • Elizabeth S. Woodruff, General products and services to the Government. Service Type/Location: Document Counsel, Federal Retirement Thrift Destruction, NARA, Laguna Niguel Investment Board. 3. There are no known regulatory alternatives which would accomplish Federal Record Center, 24000 Avila Lawrence W. Roffee, Road, Laguna Niguel, California. the objectives of the Javits-Wagner- NPA: Landmark Services, Inc., Santa Ana, Executive Director, Architectural and O’Day Act (41 U.S.C. 46–48c) in California. Transportation Barriers Compliance Board. connection with the products and Contracting Activity: National Archives & [FR Doc. 05–17857 Filed 9–8–05; 8:45 am] services proposed for addition to the Records Administration, College Park, BILLING CODE 8150–01–P Procurement List. Maryland.

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This action does not affect current DEPARTMENT OF COMMERCE Determinations of Sales at Less Than contracts awarded prior to the effective date Fair Value and Antidumping Orders: of this addition or options that may be International Trade Administration Certain Corrosion–Resistant Carbon exercised under those contracts. [A–122–822] Steel Flat Products and Certain Cut–to- G. John Heyer, Length Carbon Steel Plate From Canada, 60 FR 49582 (September 26, 1995) General Counsel. Certain Corrosion–Resistant Carbon Steel Flat Products from Canada: (Amended Final and Order). On August [FR Doc. E5–4900 Filed 9–8–05; 8:45 am] Preliminary Results of Antidumping 3, 2004, the Department published in BILLING CODE 6353–01–P Duty Administrative Review the Federal Register a notice of ‘‘Opportunity to Request Administrative AGENCY: Import Administration, Review’’ of the antidumping duty order International Trade Administration, on CORE from Canada for the period COMMISSION ON CIVIL RIGHTS U.S. Department of Commerce. August 1, 2003, through July 31, 2004. SUMMARY: In response to timely See Antidumping or Countervailing Sunshine Act Notice requests, the U.S. Department of Duty Order, Finding, or Suspended Commerce (the Department) is Investigation; Opportunity to Request AGENCY: U.S. Commission on Civil conducting an administrative review of Administrative Review, 69 FR 46496. Rights. the antidumping duty order on certain Based on timely requests, in accordance DATE AND TIME: Friday, September 16, corrosion–resistant carbon steel flat with section 751(a) of the Tariff Act of 2005, 9:30 a.m., Commission Meeting. products (CORE) from Canada for the 1930, as amended (the Act), the period August 1, 2003, through July 31, Department initiated an administrative PLACE: U.S. Commission on Civil Rights, 2004. The review covers two review of the antidumping duty order 624 9th Street, NW., Room 540, respondents, Dofasco Inc. and Sorevco on CORE from Canada, covering the Washington, DC 20425. and Company, Ltd. (collectively period August 1, 2003, through July 31, STATUS: Dofasco), and Stelco Inc. (Stelco). 2004. See Initiation of Antidumping and The Department preliminarily Countervailing Duty Administrative Agenda determines that Dofasco made sales to Reviews and Request for Revocation in the United States at less than normal Part, 69 FR 56745 (September 22, 2004). I. Approval of Agenda value (NV). If these preliminary results This administrative review covers the II. Approval of Minutes of Meeting Held are adopted in our final results of this following exporters: Dofasco, Impact Friday, July 22 and Continued on administrative review, we will instruct Steel Canada, Ltd. (Impact Steel), and Friday, August 26, 2005 U.S. Customs and Border Protection Stelco. On April 1, 2005, the III. Commission Briefing: The PATRIOT (CBP) to assess antidumping duties on Department rescinded the Act as it Relates to Anti-Arab and entries of Dofasco’s merchandise during administrative review of Impact Steel Anti-Muslim Intolerance the period of review. The Department because Impact Steel timely withdrew • also preliminarily determines that its request, and no other party requested Introductory Remarks by Chairman Stelco did not make sales to the United an administrative review of Impact • Speakers’ Presentations States at less than NV. If these Steel. See Notice of Rescission, in Part, • Questions by Commissioners and preliminary results are adopted in our of Antidumping Duty Administrative Staff Director to Speakers final results of this administrative Review: Corrosion–Resistant Carbon review, we will instruct CBP to Steel Flat Products From Canada, 70 FR IV. Announcements liquidate without regard to antidumping 17648 (April 7, 2005). V. Staff Director’s Report duties entries of Stelco’s merchandise On April 15, 2005, the Department VI. State Advisory Committee Issues during the period of review. The extended the deadline for the • preliminary results are listed below in preliminary results of this antidumping State Advisory Committee Reports the section titled ‘‘Preliminary Results duty administrative review from May 3, • Other State Advisory Committee of Review.’’ 2005, to August 31, 2005. Notice of Issues EFFECTIVE DATE: September 9, 2005. Extension of Time Limit for Preliminary VII. Program Planning FOR FURTHER INFORMATION CONTACT: Kyle Results of Antidumping Duty Administrative Review: Corrosion– • Elementary and Secondary School Lamborn or Douglas Kirby, AD/CVD Resistant Carbon Steel Flat Products Desegregation Operations, Office 6, Import Administration, International Trade From Canada, 70 FR 20863 (April 22, VIII. Discussion of Commission Administration, U.S. Department of 2005). Briefings Commerce, 14th & Constitution Avenue, Period of Review • Stagnation of the Black Middle NW, Washington, DC 20230; telephone: Class Briefing Report The period of review (POR) is August 202–482–3586 and 202–482–3782, 1, 2003, through July 31, 2004. • Future Briefing respectively. Scope of the Order SUPPLEMENTARY INFORMATION: The product covered by the order is IX. Future Agenda Items Background certain corrosion–resistant steel, and FOR FURTHER INFORMATION CONTACT: The Department published the includes flat–rolled carbon steel Terri Dickerson, Press and antidumping duty order on CORE from products, of rectangular shape, either Communications (202) 376–8582. Canada on August 19, 1993. See clad, plated, or coated with corrosion– Antidumping Duty Orders: Certain resistant metals such as zinc, aluminum, Kenneth L. Marcus, Corrosion–Resistant Carbon Steel Flat or zinc-, aluminum-, nickel- or iron– Staff Director, Acting General Counsel. Products and Certain Cut–to-Length based alloys, whether or not corrugated [FR Doc. 05–17968 Filed 9–7–05; 8:49 am] Carbon Steel Plate From Canada, 58 FR or painted, varnished or coated with BILLING CODE 6335–01–M 44162, as amended by Amended Final plastics or other nonmetallic substances

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in addition to the metallic coating, in ANALYSIS (formerly DNN Galvanizing Ltd. coils (whether or not in successively Affiliation and Collapsing Partnership (DNN)). Therefore, for superimposed layers) and of a width of CORE that is processed by DJG before it 0.5 inch or greater, or in straight lengths For purposes of this review, we have is exported to the United States, we which, if of a thickness less than 4.75 collapsed Dofasco, Sorevco, and Do Sol will, for assessment and cash deposit Galva Ltd. (DSG) and treated them as a millimeters, are of a width of 0.5 inch purposes, instruct CBP to: (1) Apply single respondent, as we have done in or greater and which measures at least Dofasco’s rate on merchandise supplied prior segments of the proceeding. There 10 times the thickness or if of a by Dofasco or DSG; (2) apply the have been no changes to the pertinent company specific rate on merchandise thickness of 4.75 millimeters or more facts such as, for example, ownership are of a width which exceeds 150 supplied by other previously reviewed structure, that warrant reconsideration companies; and, (3) apply the ‘‘all millimeters and measures at least twice of our decisions to collapse these the thickness, as currently classifiable in others’’ rate for merchandise supplied companies. As noted on page A–8 of by companies which have not been the U.S. Harmonized Tariff Schedule Dofasco’s Section A questionnaire reviewed in the past. (HTSUS) under item numbers response dated December 22, 2004, 7210.30.0030, 7210.30.0060, Sorevco still operates as a 50–50 joint Model–Match Criteria 7210.41.0000, 7210.49.0030, venture between Dofasco and Ispat In its questionnaire response, Dofasco 7210.49.0090, 7210.61.0000, Sidbec. See Final Determinations of reported ‘‘surface type’’ as a physical 7210.69.0000, 7210.70.6030, Sales at Less Than Fair Value: Certain characteristic, and argued that it should 7210.70.6060, 7210.70.6090, Hot–Rolled Carbon Steel Flat Products, be incorporated as a model–match 7210.90.1000, 7210.90.6000, Certain Cold–Rolled Carbon Steel Flat criterion in order to capture the 7210.90.9000, 7212.20.0000, Products, Certain Corrosion–Resistant different applications and uses of the 7212.30.1030, 7212.30.1090, Carbon Steel Flat Products, and Certain products based on that criterion. See 7212.30.3000, 7212.30.5000, Cut–to-Length Carbon Steel Plate From Dofasco’s section B questionnaire 7212.40.1000, 7212.40.5000, Canada, 58 FR 37099, 37107 (July 9, response dated January 12, 2005, at 7212.50.0000, 7212.60.0000, 1993), for our analysis regarding pages B–7 to B–9. Dofasco claims that 7215.90.1000, 7215.90.3000, collapsing Sorevco. the higher cost of CORE for exposed, as 7215.90.5000, 7217.20.1500, Do Sol Galva Ltd. (DSG) is a opposed to unexposed, applications also 7217.30.1530, 7217.30.1560, galvanizing line operated as a limited justifies the inclusion of a new model– partnership between Dofasco and 7217.90.1000, 7217.90.5030, match criterion. Arcelor. As in the prior review; 1) DSG 7217.90.5060, and 7217.90.5090. For purposes of the preliminary remains a partnership between Dofasco results, we have not changed the Although the HTSUS subheadings are (80% ownership interest), and the model–match criteria to account for provided for convenience and customs’ European steel producer Arcelor (20% ‘‘surface type.’’ We excluded this field purposes, the Department’s written ownership interest); 2) Dofasco in the prior administrative review description of the merchandise under continues to operate DSG, which is because: (1) Dofasco has not defined its the order is dispositive. located at the Dofasco Hamilton plant, proposed new product characteristic in Included in the order are corrosion– and to treat this line as its number five sufficiently precise terms for the resistant flat–rolled products of non– galvanizing line; and 3) all of the DSG Department to consider integrating this rectangular cross-section where such production workers are still employed characteristic into its model match cross-section is achieved subsequent to by Dofasco. See pages A–5 and A–8 of hierarchy; (2) Dofasco has not the rolling process (i.e., products which Dofasco’s Section A questionnaire demonstrated that any industry–wide, have been ‘‘worked after rolling’’) for response dated December 22, 2004. For commercially accepted standards exist example, products which have been all intents and purposes, DSG is still that recognize the material beveled or rounded at the edges. considered another production line run characteristics of exposed products Excluded from the order are flat–rolled on Dofasco’s property. See Certain made only from the hot–dipped steel products either plated or coated Certain Corrosion–Resistant Carbon galvanized process; (3) we do not find with tin, lead, chromium, chromium Steel Flat Products from Canada: significant cost differences between oxides, both tin and lead (‘‘terne plate’’), Preliminary Results of Antidumping exposed and unexposed galvanized or both chromium and chromium oxides Duty Administrative Review, 69 FR steels; (4) we continue to find a degree 55138, 55139 (September 13, 2004), of interchangeability of use for Dofasco’s (‘‘tin–free steel’’), whether or not unchanged in Certain Corrosion– Extragal products that can reasonably be painted, varnished or coated with Resistant Carbon Steel Flat Products attributed to the subjective preferences plastics or other nonmetallic substances From Canada: Final Results of of the customer rather than in addition to the metallic coating. Also Antidumping Duty Administrative commercially significant differences in excluded from the order are clad Review, 70 FR 13458 (March 21, 2005) the physical characteristics of the products in straight lengths of 0.1875 (Final Results of 10th Review), for our product; and, (5) the record evidence inch or more in composite thickness analysis regarding collapsing DSG. As demonstrates that there have been no and of a width which exceeds 150 we are collapsing Dofasco, Sorevco, and new technological advancements in this millimeters and measures at least twice DSG for purposes of the preliminary field since the original investigation. the thickness. Also excluded from the results, we will instruct CBP to apply See Final Results of 10th Review, and order are certain clad stainless flat– Dofasco’s rate to merchandise produced, accompanying Issues and Decision rolled products, which are three– exported, or processed by Sorevco or Memorandum at Comment 1. Dofasco layered corrosion–resistant carbon steel DSG. has provided the same information on flat–rolled products less than 4.75 Consistent with our determination in the record of this administrative review. millimeters in composite thickness that past segments of this proceeding, in Therefore, because no new information consist of a carbon steel flat–rolled these preliminary results, we have not has been provided to warrant our product clad on both sides with collapsed Dofasco and its toll producer reconsideration in the instant review, stainless steel in a 20%-60%-20% ratio. DJ Galvanizing Ltd. Partnership (DJG) we continue to find that it is

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inappropriate to incorporate ‘‘surface customer) sales. We find that for these determined the date of sale based on the type’’ as a physical characteristic into sales, both parties to the transaction date on which the exporter or producer our model match hierarchy. (DUSA and the unaffiliated customer) established the material terms of sale. were located in the United States, and See Allied Tube and Conduit Corp. v. Product Comparisons that the transfer of ownership was United States, 127 F. Supp. 2d 207, 219 In accordance with section 771(16) of executed in the United States. See (CIT 2000). Dofasco reported, as in the the Act, we considered all products Dofasco’s section A questionnaire prior review, that except for long–term produced by the respondents that are response at A–26. Therefore, consistent contracts and sales of secondary covered by the description in the with our determination in prior reviews, products, the date on which all material ‘‘Scope of the Order’’ section, above, we are classifying Dofasco’s Channels 2 terms of sale are established is the final and sold in the home market during the and 3 sales as CEP sales. See Certain order acknowledgment or re– POR, to be foreign like products for Corrosion–Resistant Carbon Steel Flat acknowledgment date, where prices and purposes of determining appropriate Products From Canada: Final Results of quantity are binding upon buyer and product comparisons to U.S. sales. Antidumping Duty Administrative seller. See page A–23 of Dofasco’s Where there were no sales of identical Review, 69 FR 2566 (January 16, 2004), Section A questionnaire response dated merchandise in the home market to and accompanying Issues and Decision December 22, 2004. Therefore, for these compare to U.S. sales, we compared Memorandum (Final Results of 9th sales, we used this reported date as the U.S. sales to the most similar foreign Review) at Comment 1, and Final date of sale. For Dofasco’s sales made like product on the basis of the Results of 10th Review at Comment 5. pursuant to long–term contracts, we characteristics listed in Appendix V of We have classified Dofasco’s Channel used the date of the contract as date of the Department’s November 9, 2004, 1 (direct shipments) and 4 (direct sale, which is when prices are fixed and antidumping questionnaires. through commission agents) sales, and the customer agrees to purchase one all of Stelco’s U.S. sales, as EP sales. As hundred percent of its requirements for Normal Value Comparisons in prior reviews, we find these to be a particular part from Dofasco. Id. page To determine whether sales of subject direct sales made in Canada without the A–24. For Dofasco’s sales of secondary merchandise to the United States were involvement of any affiliated party in products for which there is no order made at less than NV, we compared the the United States. Id. Accordingly, we acknowledgment date, we preliminarily export price (EP) or the constructed are treating these respective sales as EP determine that date of shipment best export price (CEP) to NV, as described sales for both Dofasco and Stelco. reflects the date on which the material in the ‘‘Export Price and Constructed The Department calculated EP or CEP terms of sale are established since date Export Price,’’ and ‘‘Normal Value’’ based on packed prices to customers in of shipment is almost always the day sections of this notice. In accordance the United States. We made deductions before the invoice is produced. Id. page with section 777A(d)(2) of the Act, we from the starting price (net of discounts A–23. Accordingly, for these sales, we calculated monthly weighted–average and rebates) for movement expenses have relied on the date of shipment as prices for NV and compared these to (foreign and U.S. movement, U.S. the date of sale. See, e.g., Notice of Final individual U.S. transaction prices. customs duty and brokerage, and post– Determination of Sales at Less Than sale warehousing) in accordance with Fair Value: Certain Durum Wheat and Export Price and Constructed Export section 772(c)(2) of the Act and section Hard Red Spring Wheat from Canada, Price 351.401(e) of the Department’s 68 FR 52741 (Sept. 5, 2003) and A. Classification of U.S. Sales regulations. In addition, for CEP sales, accompanying Issues and Decision in accordance with sections 772(d)(1) Memorandum at Comment 3 (Wheat In accordance with section 772(a) of and (2) of the Act, we deducted from the from Canada). Dofasco did not have the Act, we used EP when the subject starting price credit expenses, indirect sales of secondary products to the merchandise was sold, directly or selling expenses, including inventory United States during the POR. indirectly, to the first unaffiliated carrying costs, commissions, royalties, Stelco reported that, generally, the purchaser in the United States prior to and warranty expenses incurred in the quantity and product specifications are importation, and CEP was not otherwise United States and Canada associated not set until the date of shipment, warranted by facts on the record. In with economic activities in the United which is the date on which the invoice accordance with section 772(b) of the States. As in prior reviews, certain is issued. Therefore, for Stelco’s sales, Act, CEP is the price at which subject Dofasco sales have undergone minor we determined that the date of invoice merchandise is first sold (or agreed to be further processing in the United States reflects the date of sale since this is sold) in the United States before or after as a condition of sale. The Department when the material terms of the sale are the date of importation by or for the has deducted the price charged to fixed. In those instances when the date account of the producer or exporter of Dofasco by the unaffiliated contractor of shipment occurred prior to the date such merchandise, or by a seller for this minor further processing from of invoice (when Stelco ships directly affiliated with the producer or exporter. gross unit price to determine U.S. price, from a processor to a customer and the As discussed below, based on evidence consistent with section 772(d)(2) of the paperwork necessary to invoice the on the record, we conclude that certain Act. See Certain Corrosion Resistant customer is delayed), Stelco reported, sales are made by Dofasco’s U.S. Carbon Steel Flat Products From and we used, the date of shipment as affiliate, Dofasco U.S.A. (DUSA), and Canada: Preliminary Results of the date of sale. See Stelco Section B should thus be classified as CEP sales. Antidumping Duty Administrative questionnaire response, dated December Also, as discussed below, we conclude Review, 68 FR 53105, 53106 (September, 23, 2004, at B–2; see, e.g., Wheat from that Dofasco’s other sales are EP, and 9, 2003), for a discussion of this Canada at Comment 3. that all Stelco’s sales are EP. adjustment, finalized in Final Results of B. Universe of Sales in Margin Dofasco’s sales in the United States 9th Review at 69 FR 2566, 2567. through its affiliate, DUSA, were Calculation reported as channel 2 (shipped directly Date of Sale Section 751(a)(2)(A) of the Act states to the U.S. customer) or channel 3 As provided in section 351.401(i) of that a dumping calculation should be (shipped indirectly to the U.S. the Department’s regulations, we performed for each entry during the

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POR. Our standard practice for EP sales occurred prior to the dates of entry. See merchandise identical or most similar to is to use entry date to determine the Dofasco’s December 22, 2004, section A that sold to the affiliated party, we universe of U.S. sales in the margin questionnaire response at page A–28. consider the sales to be at arm’s–length calculation. See Circular Welded Non– Therefore, for these reasons, we have prices. See section 351.403(c) of the Alloy Steel Pipe From the Republic of performed a margin calculation on each Department’s regulations. Where the Korea; Final Results of Antidumping Channel 2 and 3 CEP sale, entered affiliated party transactions did not pass Duty Administrative Review, 63 FR during the POR. The date of sale for the arm’s–length test, all sales to that 32833, 32836 (June 6, 1998), and these entries is primarily the date of affiliated party have been excluded from accompanying Issues and Decision contract. Also included is a limited the NV calculation. Because the Memorandum at Comment 2. number of entries of ‘‘spot’’ sales for aggregate volume of sales to these Accordingly, we have included in our which the date of sale is based on date affiliates is less than 5 percent of total analysis for these final results all entries of order acknowledgment. See page A– home market sales, we did not request of EP sales made during the POR. 26 of Dofasco’s section A questionnaire downstream sales. See section The Department’s normal practice for response dated December 22, 2004. This 351.403(d) of the Department’s CEP sales is to review each transaction is consistent with our finding in the regulations; see also Antidumping that has a date of sale within the POR. Final Results of 10th Review at Proceedings: Affiliated Party Sales in See section 351.212 of the Department’s Comment 5. the Ordinary Course of Trade, 67 FR regulations and the preamble to that 69186 (November 15, 2002). section in Antidumping Duties; Normal Value C. Cost of Production Analysis Countervailing Duties; Final Rule, 62 FR A. Home Market Viability 27296, 27314–15 (May 19, 1997). The Department disregarded certain However, in Notice of Final Results of In order to determine whether there is Dofasco and Stelco sales that failed the Antidumping Duty Administrative a sufficient volume of sales in the home cost test in the prior review. We, Review of Circular Welded Non–alloy market to serve as a viable basis for therefore, have reasonable grounds to Steel Pipe from the Republic of Korea, calculating NV (i.e., the aggregate believe or suspect, pursuant to section 66 FR 18747 (April 11, 2001), at volume of home market sales of the 773(b)(2)(A)(ii) of the Act, that sales of Comment 2, the Department recognized foreign like product is five percent or the foreign like product under unique circumstances that could lead us more of the aggregate volume of U.S. consideration for the determination of to base the margin for CEP sales on the sales), we compared the volume of each NV in this review may have been made sales of merchandise entered, rather respondent’s home market sales of the at prices below the cost of production than sold during the POR. In that case, foreign like product to the volume of (COP). Thus, pursuant to section there was no dispute that the U.S. sales of subject merchandise. Based 773(b)(1) of the Act, we examined respondents could tie their sales to on this comparison, we determined for whether Dofasco’s and Stelco’s sales in specific entries during the POR because both Dofasco and Stelco, that the the home market were made at prices their U.S. sales were made to order, the quantity of sales in their home market below the COP. date of sale occurred prior to the date exceeded five percent of their sales of We compared sales of the foreign like of entry, the merchandise was shipped CORE to the United States. See section product in the home market with directly from the factory to the final 351.404(b) of the Department’s model–specific COP figures in the POR. customer, and the respondents were regulations. Therefore, in accordance In accordance with section 773(b)(3) of generally the importer of record. with section 773(a)(1)(B)(i) of the Act, the Act, we calculated COP based on the We find that Dofasco’s Channel 2 and we have based NV on the price at which sum of the costs of materials and 3 CEP sales follow a similar fact pattern the foreign like product was first sold fabrication employed in producing the and therefore, we consider the date of for consumption in the home market, in foreign like product, plus selling, entry to be the appropriate date for the usual commercial quantities, in the general and administrative (SG&A) establishing the universe of sales for ordinary course of trade, and, to the expenses, and all costs and expenses purposes of calculating a margin. First, extent practicable, at the same level of incidental to placing the foreign like we are able to tie almost all these sales trade (LOT) as the EP or CEP. See ‘‘Level product in a packed condition and to entries since Dofasco, in the instant of Trade’’ section below. ready for shipment. In our sales–below- review, provided exact entry dates for cost analysis, we used home market B. Affiliated Party Transactions and the vast majority of its U.S. sales. As sales and COP information provided by Arm’s–Length Test was done in the previous review, for the Dofasco and Stelco in their few CEP transactions where the entry We used sales to affiliated customers questionnaire responses. date was not obtained from its customs in the home market only where we We compared the weighted–average broker, Dofasco reasonably reported determined such sales were made at COPs to home market sales of the shipment date as the entry date because arm’s–length prices (i.e., at prices foreign like product, as required under entry into the United States normally comparable to the prices at which the section 773(b) of the Act, in order to occurs the same day as shipment from respondent sold identical merchandise determine whether these sales had been its factory. See Dofasco’s January 12, to unaffiliated customers). To test made at prices below the COP. In 2005, section C questionnaire response whether the sales to affiliates were made determining whether to disregard home at page C–71. Second, the merchandise at arm’s–length prices, we compared the market sales made at prices below the was shipped directly from the factory to unit prices of sales to affiliated and COP, we examined whether such sales the location specified by the customer. unaffiliated customers net of all were made (1) within an extended See Dofasco’s December 22, 2004, movement charges, direct selling period of time in substantial quantities, section A questionnaire response at expenses, discounts and packing. In and (2) at prices which permitted the page A–14 and A–15. Third, since the accordance with the Department’s recovery of all costs within a reasonable vast majority of these sales were made practice, if the prices charged to an period of time in the normal course of pursuant to long–term contracts, and the affiliated party were, on average, trade, in accordance with section date of the long–term contract was used between 98 and 102 percent of the 773(b)(1)(A) and (B) of the Act. On a as the date of sale, the dates of sale prices charged to unaffiliated parties for product–specific basis, we compared

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the COP to home market prices, less any no sales of identical merchandise in the category), and the level of selling movement charges, discounts, and home market to compare to U.S. sales, expenses for each type of sale. direct and indirect selling expenses. we compared U.S. sales to the next most Pursuant to section 773(a)(1)(B)(i) of Pursuant to section 773(b)(2)(C) of the similar foreign like product on the basis the Act, in identifying levels of trade for Act, where less than 20 percent of a of the characteristics and reporting EP and comparison market sales (i.e., respondent’s sales of a given model instructions listed in the Department’s NV based on either home market or were at prices less than the COP, we did questionnaire. third country prices3), we consider the not disregard any below–cost sales of Home market starting prices were starting prices before any adjustments. that model because the below–cost sales based on packed prices net of discounts For CEP sales, we consider only the were not made in substantial quantities and rebates. We made adjustments, selling activities reflected in the price within an extended period of time. where applicable, for packing and after the deduction of expenses and Where 20 percent or more of a movement expenses, in accordance with profit under section 772(d) of the Act. respondent’s sales of a given model sections 773(a)(6)(A) and (B) of the Act. See Micron Technology, Inc. v. United were at prices less than the COP, we For comparisons to EP, we made COS States, 243 F. 3d 1301, 1314–1315 (Fed. disregarded the below–cost sales adjustments to NV by deducting home Cir. 2001). because they were made in substantial market packing, movement, and direct When the Department is unable to quantities within an extended period of selling expenses (e.g., credit, warranties, match U.S. sales to sales of the foreign time, in accordance with sections and royalties), and adding U.S. packing, like product in the comparison market 773(b)(2)(B) and (C) of the Act. Because movement, and direct selling expenses. at the same LOT as the EP or CEP, the we compared prices to average costs in For comparison to CEP, we made COS Department may compare the U.S. sale the POR, we also determined that the adjustments by deducting home market to sales at a different LOT in the below–cost prices did not permit the direct selling expenses pursuant to comparison market. In comparing EP or recovery of costs within a reasonable section 773(a)(6)(C)(iii) of the Act and CEP sales at a different LOT in the period of time, in accordance with section 351.410 of the Department’s comparison market, where available section 773(b)(1)(B) of the Act. regulations. We offset commissions paid data make it practicable, we make a LOT D. Constructed Value on sales to the United States by the adjustment under section 773(a)(7)(A) of lesser of U.S. commissions or the Act. Finally, for CEP sales only, if In accordance with section 773(a)(4) comparison (home) market indirect a NV LOT is more remote from the of the Act, we used constructed value selling expenses. factory than the CEP LOT and we are (CV) as the basis for NV when there unable to make a level of trade were no above–cost contemporaneous Level of Trade adjustment, the Department shall grant sales of identical or similar merchandise Section 773(a)(1)(B)(i) of the Act a CEP offset, as provided in section in the comparison market. We states that, to the extent practicable, the 773(a)(7)(B) of the Act. See South calculated CV in accordance with Department will calculate NV based on African Plate Final at 62 FR 61731, section 773(e) of the Act. We included sales at the same LOT as the EP or CEP. 61732–33 (November 19, 1997). the cost of materials and fabrication, Sales are made at different LOTs if they A. Dofasco LOT Analysis SG&A, and profit. In accordance with are made at different marketing stages section 773(e)(2)(A) of the Act, we based (or their equivalent). See section We obtained information from SG&A expenses and profit on the 351.412(c)(2) of the Department’s Dofasco regarding the marketing stages amounts incurred and realized by the regulations. Substantial differences in involved in making the reported home respondent in connection with the selling activities are a necessary, but not market and U.S. sales, including a production and sale of the foreign like sufficient, condition for determining description of the selling activities product in the ordinary course of trade that there is a difference in the stages of performed by the respondents for each for consumption in the foreign country. marketing. Id.; see also Notice of Final channel of distribution. In the current For selling expenses, we used the Determination of Sales at Less Than review, as in the previous review, weighted–average home market selling Fair Value: Certain Cut–to-Length Dofasco claimed that sales in both the expenses. Carbon Steel Plate From South Africa, home market and the United States For those product comparisons for market were made at different LOTs. In which there were sales at prices above 62 FR 61731, 61732 (November 19, 1997) (South African Plate Final). In the previous review, we concluded that the COP, we based NV on home market Dofasco did sell at different LOTs. See prices to affiliated (when made at prices order to determine whether the comparison sales were at different Final Results of 10th Review. determined to be arms–length) or We examined the chain of unaffiliated parties, in accordance with stages in the marketing process than the U.S. sales, we reviewed the distribution distribution and the selling activities section 773(a)(1)(A) and (B) of the Act. associated with sales reported by We made adjustments for differences in system in each market (i.e., the chain of 1 Dofasco to three distinct customer cost attributable to differences in distribution), including selling functions,2 class of customer (customer categories (automotive, construction, physical characteristics of the and service centers) in its single channel merchandise, pursuant to section 1 The marketing process in the United States and of distribution in the home market. See 773(a)(6)(C)(ii) of the Act, and for in the comparison markets begins with the producer Memorandum from Kyle Lamborn (AD/ circumstance–of-sales (COS) and extends to the sale to the final user or CVD Financial Analyst) through Sean differences, in accordance with consumer. The chain of distribution between the Carey (Acting Program Manager) to the 773(a)(6)(C)(iii) of the Act and section two may have many or few links, and the respondents’ sales occur somewhere along this 351.410 of the Department’s regulations. chain. In performing this evaluation, we considered common selling functions into four major We relied on our model match criteria the narrative responses of each respondent to categories: sales process and marketing support, in order to match U.S. sales of subject properly determine where in the chain of technical service, freight and delivery, and merchandise to comparison sales of the distribution the sale occurs. inventory maintenance. 2 Selling functions associated with a particular 3 Where NV is based on CV, we determine the NV foreign like product based on the chain of distribution help us to evaluate the level(s) LOT based on the LOT of the sales from which we reported physical characteristics of the of trade in a particular market. For purposes of this derive selling expenses, G&A and profit for CV, subject merchandise. Where there were preliminary determination, we have organized the where possible.

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File; Certain Corrosion–Resistant considerably from LOTH2 with respect distinct selling functions in both home Carbon Steel Flat Products from to sales process, technical services, and market channels of distribution, Canada: Analysis of Dofasco Inc. freight services. However, LOTU1 was including research and development, (Dofasco) and Sorevco for the similar to LOTH1 with respect to sales engineering services, personnel training, Preliminary Results, (August 31, 2005) process, technical service, and and technical advice. All of Stelco’s (Dofasco Analysis Memo, on file in the warehouse/inventory maintenance. U.S. sales are EP sales to end–users. Central Record Unit (CRU), room B–099 Consequently, we matched LOTU2 sales We examined Stelco’s chain of of the main Commerce building. We to sales at the same level of trade in the distribution and the selling activities in found that sales to the construction and home market (LOTH2), and LOTU1 the home market, and categorized its service center customer categories, were sales to sales at the same level of trade channel of sales under two customer similar with respect to technical service, in the home market (LOTH1). Where we categories, sales to end–users and freight services, and warehouse/ did not match products at the same service centers. See Memorandum to the inventory maintenance, and that they LOT, and there was a pattern of File, From Douglas Kirby Through Sean differed only slightly with respect to consistent prices differences between Carey, re: Analysis of Stelco for the sales process. Therefore, we found that different LOTs, we made a LOT Preliminary Results, dated August 31, these customer categories constituted a adjustment. See section 773(a)(7)(A) of 2004 (Stelco Preliminary Analysis distinct level of trade (LOTH2). We the Act; see, also Dofasco Analysis Memorandum), on file in the CRU. We found that sales to automotive customer Memo at page 2. found that sales to end–users (LOTH1) category differed significantly from Dofasco had two channels of differed significantly from sales to LOTH2 with respect to sales process distribution related to its CEP sales to service centers (LOTH2) with respect to and technical service and therefore, automotive customers through Dofasco sales process and technical service, and constitute a distinct level of trade USA. These channels of distribution slightly with regard to freight services. (LOTH1). Thus, based upon our analysis had the same selling functions and thus Therefore, we found that these customer of the home market, we found that constitute a single level of trade categories in the home market constitute LOTH1 and LOTH2 constitute two (LOTU3). We compared LOTU3 to our two distinct levels of trade in the home different levels of trade. two home market LOTs. We found that market. Dofasco reported EP sales through two LOTU3 differed considerably from Stelco reported only EP sales through channels of distribution: Channel 1 LOTH2 with respect to sales process, one channel of distribution to just one including sales to automotive, service technical services and freight services. customer category in the United States, centers, and construction, and Channel However, the LOTU3 was similar to end–users (LOTU3). Therefore, Stelco 4 sales to construction. We examined LOTH1 with respect to sales process, has only a single LOT in the United the chain of distribution and the selling technical service, and warehouse/ States. We compared the EP LOT to the activities associated with sales to inventory maintenance. Consequently, two home market LOTs. We found that construction and service center we matched LOTU3 sales to sales at the LOTU3 differed significantly from categories through these channels and same LOT in the home market (LOTH1) LOTH1 with respect to sales process found them to be similar with respect to and, where possible, we matched CEP and slightly with regard to technical technical service, freight services, and sales to NV based on home market sales services. Even though both LOTU3 and warehouse/inventory maintenance; they in LOTH1 and made no CEP offset LOTH1 comprise end–users, Stelco differed only slight with respect to the adjustment. Where we did not match noted in its response that its selling sales process. Therefore, we found that products at the same LOT, and there activities for its U.S. sales were made at these two channels of distribution to was a pattern of consistent prices a lesser intensity than for its home these customer categories constituted a differences between different LOTs, we market sales, and that they included distinct level of trade (LOTU2). We made a LOT adjustment. See section sales of samples at ‘‘small quantities of found that sales to the automotive 773(a)(7)(A) of the Act. Where we are non–repeat business that is directed to customer category differed significantly unable to make a LOT adjustment, we a die developer rather than to the from LOTU2 with respect to sales considered granting a CEP offset as customer’s stamping facility.’’ See process and technical service, but were provided for in section 773(a)(7)(B) of Stelco’s Sections A, B and C similar with respect to freight service the Act. After comparing the CEP LOT supplemental questionnaire response, and warehouse/inventory maintenance. (LOTU3) with the LOTH1, we have dated May 20, 2005 at 4. We then Since the sales process and technical preliminarily determined that the compared LOTU3 to LOTH2 and found service functions comprise significant LOTH1 is not more remote from the that they differed with respect to selling activities, we find that these factory than the LOTU3. As indicated by technical support and freight services. factors are determinative in finding that Exhibit I.A.8 of Dofasco’s Section A Our comparisons of the EP LOT to the sales to this automotive customer response, dated December 22, 2004, as two NV LOTs noted above, taken in category constitute a separate level of well as elsewhere in Dofasco’s response, conjunction with the narrative trade (LOTU1). Thus, based upon our the vast majority of selling functions for description that characterizes some analysis of Dofasco’s EP sales, we find both U.S. and home market sales are types of U.S. customers as being distinct that LOTU1 and LOTU2 constitute two performed by Dofasco in Canada. from typical end–users or service different levels of trade. Therefore, a CEP offset is not warranted centers, leads us to conclude that the EP We then compared the two EP levels under section 773(a)(7)(B) of the Act. LOT is significantly different from those of trade to the two home market LOTs. found in the home market. Therefore, B. Stelco LOT Analysis We found that LOTU2 differed we disregarded level of trade and we considerably from LOTH1 with respect Stelco stated in its response that it compared LOTU3 EP sales to all home to sales process, technical services and was not claiming a LOT adjustment. market LOTs. freight services. However, LOTU2 was However, Stelco did provide a chart of similar to LOTH2 with respect to sales its selling functions, which we Currency Conversion process, technical service, and analyzed. In the home market, Stelco For purposes of the preliminary warehouse/inventory maintenance. We sold directly to end–users and service results, in accordance with section also found that LOTU1 differed centers. Stelco performed a variety of 773(a) of the Act, we made currency

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conversions based on the official remain in effect until publication of the argument, and (3) a table of authorities. exchange rates in effect on the dates of final results of the next administrative Further, the Department requests that the U.S. sales as certified by the Federal review. parties submitting briefs provide the Reserve Bank of New York. Department with an additional copy of Duty Assessment the public version of any such Preliminary Results of Review Upon publication of the final results comments on a computer diskette. Case As a result of this review, we of review, the Department shall and rebuttal briefs must be served on preliminarily find that the following determine, and CBP shall assess, interested parties in accordance with weighted–average dumping margins antidumping duties on all appropriate section 351.303(f) of the Department’s exist: entries. The Department will issue regulations. Any interested party may appraisement instructions directly to request a hearing within 30 days of Weighted– CBP on the 41st day after the date of publication of this notice. Any hearing, Producer/Manufacturer/Exporter Average publication of the final results of Margin if requested, will normally be held two review. The final results of this review days after the date for submission of Dofasco Inc., Sorevco Inc., Do shall be the basis for the assessment of rebuttal briefs. The Department will Sol Galva Ltd...... 11.08 % antidumping duties on entries of issue the final results of this Stelco Inc...... De minimis merchandise covered by this review and administrative review, which will for future deposits of estimated duties. include the results of its analysis of Cash Deposit Requirements For duty assessment purposes, we issues raised in any such written calculate an importer–specific If the preliminary results are adopted comments or at a hearing, within 120 assessment rate by dividing the total in the final results of review, the days after the publication of this notice, dumping margins calculated for the U.S. following deposit requirements will be unless extended. See section 351.213(h) sales of each importer by the respective of the Department’s regulations. effective upon completion of the final total entered value of these sales. If the results of this administrative review for preliminary results are adopted in the Notification to Importers all shipments of the subject final results of review, this rate will be This notice serves as a preliminary merchandise entered, or withdrawn used for the assessment of antidumping reminder to importers of their from warehouse, for consumption on or duties on all entries of the subject responsibility under section 351.402(f) after the publication of the final results merchandise by that importer during the of the Department’s regulations to file a of this administrative review, as POR. certificate regarding the reimbursement provided in section 751(a)(1) of the Act: The Department clarified its of antidumping duties prior to (1) The cash deposit rate for Dofasco, ‘‘automatic assessment’’ regulation on liquidation of the relevant entries Sorevco, and DSG will be that April 30, 2003. See Notice of Policy during this review period. Failure to established in the final results of this Concerning Assessment of Antidumping comply with this requirement could review for Dofasco (and entities Duties, 68 FR 23954 (May 6, 2003). This result in the Secretary’s presumption collapsed with Dofasco); (2) the cash clarification will apply to entries of that reimbursement of antidumping deposit rate for Stelco will be that subject merchandise during the POR duties occurred and the subsequent established in the final results of this produced by companies included in assessment of double antidumping review (currently de minimis); (3) for these final results of review for which duties. previously reviewed or investigated the reviewed companies did not know These preliminary results of this companies not covered in this review, their merchandise was destined for the administrative review and notice are the cash deposit rate will continue to be United States. In such instances, we will issued and published in accordance the company–specific rate published for instruct CBP to liquidate unreviewed with sections 751(a)(1) and 777(i)(1) of the most recent period; (4) if the entries at the ‘‘all others’’ rate if there is the Act. exporter is not a firm covered in this no rate for the intermediate review, a prior review, or the less–than- Dated: August 31, 2005. company(ies) involved in the Barbara E. Tillman, fair–value (LTFV) investigation, but the transaction. manufacturer is, the cash deposit rate Acting Assistant Secretary for Import will be the rate established for the most Public Comment Administration. recent period for the manufacturer of Pursuant to section 351.224(b) of the [FR Doc. E5–4947 Filed 9–8–05; 8:45 am] the subject merchandise; and (5) if Department’s regulations, the BILLING CODE 3510–DS–S neither the exporter nor the Department will disclose to any party to manufacturer is a firm covered in this or the proceeding the calculations DEPARTMENT OF COMMERCE any previous proceeding conducted by performed in connection with these the Department, the cash deposit rate preliminary results, within five days International Trade Administration will continue to be the ‘‘all others’’ rate after the date of publication of this established in the LTFV investigation, notice. Pursuant to section 351.309 of [A–580–807] which is 18.71 percent. See Amended the Department’s regulations, interested Polyethylene Terephthalate Film from Final and Order. For shipments parties may submit case briefs in Korea; Five-year (Sunset) Reviews of processed by DJG we will, (1) apply response to these preliminary results no Antidumping Duty Order; Final Results Dofasco’s rate on merchandise supplied later than 30 days after the date of by Dofasco or DSG; (2) apply the publication of this notice. Rebuttal AGENCY: Import Administration, company specific rate on merchandise briefs, limited to issues raised in case International Trade Administration, supplied by other previously reviewed briefs, may be filed no later than 5 days Department of Commerce. companies; and, (3) apply the ‘‘all after the time limit for filing case briefs. SUMMARY: On February 2, 2005, the others’’ rate for merchandise supplied Parties who submit arguments in this Department of Commerce (the by companies which have not been proceeding are requested to submit with Department) initiated a sunset review of reviewed in the past. These cash deposit the argument: (1) A statement of the the antidumping duty order on requirements, when imposed, shall issue, (2) a brief summary of the polyethylene terephthalate (PET) film

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from Korea, pursuant to section 751(c) Scope of the Order and the corresponding recommendation of the Tariff Act of 1930, as amended The antidumping duty order on PET in this public memorandum, which is (the Act). On the basis of the notice of film from Korea covers shipments of all on file in room B–099 of the main intent to participate and an adequate gauges of raw, pre–treated, or primed Department building. substantive response filed on behalf of polyethylene terephthalate film, sheet, In addition, a complete version of the domestic interested parties and no and strip, whether extruded or co– Decision Memorandum can be accessed response from respondent interested extruded. The films excluded from this directly on the Web at http:// parties, the Department conducted an order are metallized films and other ia.ita.doc.gov, under the heading expedited sunset review. As a result of finished films that have had at least one ‘‘September 2005.’’ The paper copy and this sunset review, the Department finds of their surfaces modified by the electronic version of the Decision that revocation of the antidumping duty application of a performance–enhancing Memorandum are identical in content. order on PET film from Korea would resinous or inorganic layer of more than Final Results of Review likely lead to continuation or recurrence 0.00001 inches (0.254 micrometers) of dumping at the levels listed below in thick. Roller transport cleaning film We determine that revocation of the the section entitled ‘‘Final Results of which has at least one of its surfaces antidumping duty order on PET Film Review.’’ modified by the application of 0.5 from Korea would likely lead to micrometers of SBR latex has also been continuation or recurrence of dumping EFFECTIVE DATE: September 9, 2005. ruled as not within the scope of the at the following percentage weighted– FOR INFORMATION CONTACT: Dana order. PET film is currently classifiable average margins: Mermelstein or Robert James, AD/CVD under Harmonized Tariff Schedule 1 Manufacturers/Export- Weighted–Average Operations, Office 7, Import (HTS) subheading 3920.62.00.00. ers/Producers Margin (Percent) Administration, International Trade While the HTS subheading is provided Administration, U.S. Department of for convenience and for customs SKC Limited and SKC Commerce, 14th Street and Constitution purposes, the written description America, Inc...... 13.92 Avenue, NW, Washington, DC, 20230; remains dispositive as to the scope of All Others ...... 21.50 telephone: (202) 482–1391 or (202) 482– the product coverage. 0649, respectively. This sunset review covers imports This notice also serves as the only from all producers and exporters of PET reminder to parties subject to SUPPLEMENTARY INFORMATION: film from Korea, other than imports by administrative protective orders (APO) Background Toray Saehan, Inc.2 and Kolon of their responsibility concerning the Industries, for which the order was return or destruction of proprietary On February 2, 2005, the Department revoked. information disclosed under APO in initiated a sunset review of the Analysis of Comments Received accordance with 19 C.F.R. § 351.305 of antidumping duty order on PET film the Department’s regulations. Timely from Korea pursuant to section 751(c) of All issues raised in this case are notification of the return or destruction the Act. See Initiation of Five-year addressed in the ‘‘Issues and Decision of APO materials or conversion to (‘‘Sunset’’) Reviews, 70 FR 5415 Memorandum’’ from Barbara E. Tillman, judicial protective order is hereby (February 2, 2005). The Department Acting Deputy Assistant Secretary for requested. Failure to comply with the received a notice of intent to participate Import Administration, to Joseph A. regulations and terms of an APO is a from two domestic interested parties, Spetrini, Acting Assistant Secretary for violation which is subject to sanction. DuPont Teijin Films (DTF) and Import Administration, dated August We are issuing and publishing these Mitsubishi Polyester Film LLC 30, 2005 (Decision Memorandum), results and notice in accordance with (Mitsubishi), within the deadline which is hereby adopted by this notice. sections 751(c), 752, and 777(i)(1) of the specified in 19 C.F.R. § 351.218(d)(1)(i) The issues discussed in the Decision Act. of the Department’s regulations. Memorandum include the likelihood of Dated: August 30, 2005. Domestic interested parties claimed continuation or recurrence of dumping interested party status under section and the magnitude of the margin likely Joseph A. Spetrini, 771(9)(C) of the Act as a U.S. producer to prevail if the order were revoked. Acting Assistant Secretary for Import of a domestic like product. We received Parties can find a complete discussion Administration. a complete substantive response from of all issues raised in this sunset review [FR Doc. E5–4942 Filed 9–8–05; 8:45 am] domestic interested parties within the BILLING CODE 3510–DS–S 30-day deadline specified in 19 C.F.R. 1 Effective July 1, 2003, the HTS subheading 3920.62.00.00 was divided into 3920.62.00.10 § 351.218(d)(3)(i). However, we did not (metallized PET film) and 3920.62.00.90 (non- DEPARTMENT OF COMMERCE receive any response from respondent metallized PET film). 2 In a changed circumstances review, the interested parties. As a result, pursuant International Trade Administration to section 751(c)(3)(B) of the Act and 19 Department determined that Toray Saehan, Inc. was the successor-in-interest to Saehan Industries, Inc. [A–351–824] C.F.R. § 351.218(e)(1)(ii)(C)(2), the (Saehan). See Polyethylene Terephthalate Film, Department conducted an expedited Sheet and Strip from Korea, Final Results of sunset review of the order. Changed Circumstances Antidumping Duty Silicomanganese From Brazil: Administrative Review, 65 FR 34661 (May 31, Preliminary Results of Antidumping On May 26, 2005, the Department 2000). Prior to that, in another changed Duty Administrative Review extended the time limit for the final circumstances review, the Department determined results of this sunset review to not later that Saehan was the successor-in-interest to Cheil AGENCY: Import Administration, Synthetics, Inc. (Cheil). See Polyethylene than August 31, 2005. See Polyethylene Terephthalate Film, Sheet and Strip From the International Trade Administration, Terephthalate Film from South Korea; Republic of Korea, Final Results of Changed Department of Commerce. Extension of Time Limit for Final Circumstances Antidumping Duty Administrative SUMMARY: The Department of Commerce Results of Sunset Review of Review, 63 FR 3703 (January 26, 1998). The is conducting an administrative review Department calculated margins for Cheil in the Antidumping Duty Order, 70 FR 30416 investigation of PET film from Korea and in of the antidumping duty order on (May 26, 2005). subsequent reviews. silicomanganese from Brazil

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manufactured and exported by Rio Doce manganese, silicon and iron, and in the position legally and/or Manganeˆs S.A. (RDM), Companhia normally contains much smaller operationally to exercise direction or Paulista de Ferro–Ligas (CPFL), and proportions of minor elements, such as restraint over RDM, CPFL, and Urucum Urucum Minerac¸a˜o S.A. (Urucum) carbon, phosphorus, and sulfur. and, thus, has direct or indirect control (collectively RDM/CPFL) in response to Silicomanganese generally contains by within the meaning of section a request from Eramet Marietta Inc., a weight not less than 4 percent iron, 771(33)(F) of the Act. As such, we domestic manufacturer of more than 30 percent manganese, more determine that RDM, CPFL, and silicomanganese. This review covers the than 8 percent silicon, and not more Urucum are affiliated pursuant to period December 1, 2003, through than 3 percent phosphorous. All section 771(33)(F) of the Act. November 30, 2004. compositions, forms, and sizes of With respect to the first criterion of 19 We have preliminarily determined silicomanganese are included within the CFR 351.401(f), the information that RDM/CPFL did not make sales of scope of the order, including currently on the record indicates that the subject merchandise to the United silicomanganese slag, fines, and RDM, CPFL, and Urucum use similar States at prices below normal value briquettes. Silicomanganese is used production facilities, in terms of during the period of review. We invite primarily in steel production as a source production capacities and type of interested parties to comment on these of both silicon and manganese. machinery, and employ virtually preliminary results. Silicomanganese is currently identical production processes to EFFECTIVE DATE: September 9, 2005. classifiable under subheading produce identical or similar 7202.30.0000 of the Harmonized Tariff silicomanganese products. See RDM/ FOR FURTHER INFORMATION CONTACT: Schedule of the United States (HTSUS). CPFL’s April 11, 2005, questionnaire Yang Jin Chun at (202) 482–5760 or Some silicomanganese may also response at pages D–3 through D–5. Richard Rimlinger at (202) 482–4477, currently be classifiable under HTSUS Based on this information, we find that AD/CVD Operations, Office 5, Import subheading 7202.99.5040. This order the companies could shift the Administration, International Trade covers all silicomanganese, regardless of production requirements from one Administration, U.S. Department of its tariff classification. Although the facility to the other without requiring Commerce, 14th Street and Constitution HTSUS subheadings are provided for substantial retooling in order to Avenue, NW, Washington, DC 20230. convenience and customs purposes, the restructure manufacturing priorities. SUPPLEMENTARY INFORMATION: written description of the order remains We also find that a significant Background dispositive. potential for manipulation of prices, production costs, and production On December 22, 1994, the Collapsing priorities exists pursuant to 19 CFR Department of Commerce (the The Department’s regulations outline 351.401(f)(2). Specifically, the Department) published in the Federal the criteria for collapsing (i.e., treating information on the record indicates the Register the antidumping duty order on as a single entity) affiliated producers following: CVRD has a direct silicomanganese from Brazil. See Notice for purposes of calculating a dumping involvement in RDM’s, CPFL’s, and of Antidumping Duty Order: margin. The regulations state that we Urucum’s activities associated with the Silicomanganese from Brazil, 59 FR will treat two or more affiliated production and sales, as well as the 66003 (December 22, 1994). On producers as a single entity where those transportation of raw materials; all three December 1, 2004, we published in the producers have production facilities for companies share the expertise of an Federal Register a notice of opportunity identical or similar products that would executive officer; all three companies to request an administrative review of not require substantial retooling of have heavily intertwined operations this order covering the period December either facility in order to restructure with respect to their purchases of 1, 2003, through November 30, 2004. manufacturing priorities and we manganese ore from each other’s mines. See Antidumping or Countervailing conclude that there is a significant Therefore, for the purposes of this Duty Order, Finding, or Suspended potential for manipulation of price or administrative review, we find that Investigation; Opportunity to Request production. In identifying a significant RDM, CPFL, and Urucum are affiliated Administrative Review, 69 FR 69889 potential for the manipulation of price and have collapsed them into one entity (December 1, 2004). On December 30, or production, the Department may pursuant to section 771(33) of the Act 2004, Eramet Marietta Inc. requested consider the following factors: (i) the and 19 CFR 351.401(f). For a more that the Department conduct an level of common ownership; (ii) the complete discussion of this issue, see administrative review of RDM/CPFL’s extent to which managerial employees the September 2, 2005, Memorandum sales. On January 31, 2005, the or board members of one firm sit on the from Yang Jin Chun to Laurie Parkhill, Department published in the Federal board of directors of an affiliated firm; ‘‘Administrative Review of the Register a notice of initiation of this and (iii) whether operations are Antidumping Duty Order on administrative review. See Initiation of intertwined, such as through the sharing Silicomanganese from Brazil: Collapsing Antidumping and Countervailing Duty of sales information, involvement in of Affiliated Producers Rio Doce Administrative Reviews and Request for production and pricing decisions, the Manganeˆs S.A., Companhia Paulista de Revocation in Part, 70 FR 4818 (January sharing of facilities or employees, or Ferro–Ligas, and Urucum Minerac¸a˜ S.A. 31, 2005). The Department is significant transactions between the for Purposes of Calculating a Dumping conducting this review in accordance affiliated producers. See 19 CFR Margin,’’ which is on file in the Central with section 751 of the Tariff Act of 351.401(f). Records Unit (CRU) at the main 1930, as amended (the Act). Because RDM and Urucum are Department building. entities wholly owned by Companhia Scope of Order Vale de Rio Doce (CVRD) and CPFL is Affiliation of Parties The merchandise covered by this a subsidiary of RDM, CVRD is affiliated Pursuant to sections 771(33)(E) and order is silicomanganese. with RDM and Urucum, and RDM is (F) of the Act, the Department has Silicomanganese, which is sometimes affiliated with CPFL. Furthermore, preliminarily determined that certain called ferrosilicon manganese, is a based on CVRD’s investment interest in customers to which RDM/CPFL sold ferroalloy composed principally of both companies, we find that CVRD is silicomanganese during the period of

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review and whom RDM/CPFL identified percent of its sales to the U.S. market. Based on the respondent’s request, we as unaffiliated parties are, in fact, Therefore, in accordance with section allowed the cost–reporting period to affiliated with RDM/CPFL. Specifically, 773(a)(1)(B)(i) of the Act, we based correspond with RDM/CPFL’s 2004 the Department has determined that normal value on the prices at which the fiscal year. Before making any price RDM/CPFL and some of its home– foreign like product was first sold for comparisons, we conducted the COP market customers are under the consumption in the exporting country analysis. We calculated COP, in common control of CVRD, RDM/CPFL’s in the usual commercial quantities and accordance with section 773(b)(3) of the parent company. According to section in the ordinary course of trade. Act, based on the sum of the costs of 771(33)(F) of the Act, two or more materials and fabrication employed in B. Arm’s–Length Sales persons under common control with producing the foreign like product plus any other person shall be considered RDM/CPFL made sales in the home amounts for home–market selling, affiliated. Thus, we have preliminarily market to affiliated and unaffiliated general, and administrative expenses, found these companies to be affiliated customers. The Department may financial expenses, and packing with RDM/CPFL. For a complete calculate normal value based on a sale expenses. For the preliminary results of discussion of this issue, see the to an affiliated party only if it is review, we relied on the COP September 2, 2005, Memorandum to the satisfied that the price to the affiliated information submitted by RDM/CPFL in File, ‘‘Analysis Memorandum for the party is comparable to the price at its questionnaire responses. Preliminary Results of the which sales are made to parties not In accordance with section 773(b)(1) Administrative Review of the affiliated with the exporter or producer, of the Act, we tested whether home– Antidumping Duty Order on i.e., sales at arm’s–length prices. See 19 market sales of the foreign like product Silicomanganese from Brazil: Rio Doce CFR 351.403(c). We excluded sales to were made at prices below the COP Manganeˆs S.A. (RDM), Companhia affiliated customers for consumption in within an extended period of time in Paulista de Ferro–Ligas (CPFL), and the home market that we determined substantial quantities and whether any Urucum Minerac¸a˜ S.A. (Urucum) were not at arm’s–length prices from our such prices permitted the recovery of all (collectively, RDM/CPFL),’’ which is on analysis. To test whether these sales costs within a reasonable period of time. file in the CRU. were made at arm’s–length prices, we We compared model–specific COPs to the reported home–market prices less Comparisons to Normal Value compared the prices of sales of comparable merchandise to affiliated any applicable movement charges. Pursuant to section 773(b)(2)(C) of the To determine whether sales of and unaffiliated customers, net of Act, when less than 20 percent of the silicomanganese from Brazil were made movement charges, direct selling respondent’s sales of the foreign like in the United States at less than normal expenses, and packing. Pursuant to 19 value, we compared the export price to product were at prices less than the CFR 351.403(c) and in accordance with COP, we did not disregard any below– the normal value. When making the Department’s practice, when the comparisons in accordance with section cost sales of that product because the prices charged to an affiliated party are, below–cost sales were not made in 771(16) of the Act, we considered all on average, between 98 and 102 percent comparable products sold in the home substantial quantities within an of the prices charged to unaffiliated extended period of time. When 20 market that were in the ordinary course parties for merchandise comparable to of trade for purposes of determining percent or more of the respondent’s that sold to the affiliated party, we sales of the foreign like product during appropriate product comparisons to determine that the sales to the affiliated U.S. sales. the period of review were at prices less party are at arm’s–length prices and than the COP, we disregarded the Export Price include these sales in our calculation of below–cost sales because they were normal value. See Antidumping For the price to the United States, we made in substantial quantities within an Proceedings: Affiliated Party Sales in extended period of time in accordance used export price, as defined in section the Ordinary Course of Trade, 67 FR 772(a) of the Act, because the subject with sections 773(b)(2)(B) and (C) of the 69186, 69187 (November 15, 2002). In Act and, based on comparisons of prices merchandise was sold directly to the this review, however, we determined first unaffiliated purchaser in the United to weighted–average COPs for the that no sales to affiliated parties were at period of review, we determined that States prior to the date of importation. arm’s–length prices. As such, we did We based export price on the Free–on- these sales were at prices which would not include these sales in our not permit recovery of all costs within Board price to the first unaffiliated calculation of normal value. purchaser in the United States. We a reasonable period of time in made deductions, where appropriate, C. Cost–of-Production Analysis accordance with section 773(b)(2)(D) of the Act. Based on this test, we consistent with section 772(c)(2)(A) of Because the Department disregarded the Act for movement expenses. disregarded below–cost sales for RDM/ RDM/CPFL’s home–market sales that it CPFL. Normal Value determined were sold at below–cost prices in the most recently completed D. Calculation of Normal Value A. Home–Market Viability administrative review, we had Because we were able to find Based on a comparison of the reasonable grounds to believe or suspect contemporaneous home–market sales aggregate quantity of home–market and that sales of the foreign like product made in the ordinary course of trade for U.S. sales, we determined that the under consideration for the a comparison to all export–price sales, quantity of foreign like product sold by determination of normal value in this in accordance with section 773(a)(1)(B) RDM/CPFL in the exporting country review may have been made at prices of the Act we based normal value on the was sufficient to permit a proper below the cost of production (COP) as prices at which the foreign like product comparison with the sales of the subject provided by section 773(b)(2)(A)(ii) of was sold for consumption in the home merchandise to the United States, the Act. Therefore, pursuant to section market. Home–market prices were based pursuant to section 773(a) of the Act. 773(b)(1) of the Act, we initiated a COP on ex–factory or delivered prices to RDM/CPFL’s quantity of sales in its investigation of sales by RDM/CPFL in unaffiliated purchasers. When home market was greater than five the home market. applicable, we made adjustments for

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differences in packing and for 751(a)(1) of the Act: (1) the cash–deposit Department) initiated sunset reviews of movement expenses in accordance with rate for RDM/CPFL will be the rate the antidumping duty orders on certain sections 773(a)(6)(A) and (B) of the Act. established in the final results of review; stainless steel butt–weld pipe fittings We also made adjustments for (2) for previously reviewed or (pipe fittings) from Japan, South Korea, differences in circumstances of sale in investigated companies not mentioned and Taiwan pursuant to section 751(c) accordance with section 773(a)(6)(C)(iii) above, the cash–deposit rate will of the Tariff Act of 1930, as amended of the Act and 19 CFR 351.401. continue to be the company–specific (the Act). On the basis of a notice of Specifically, we made circumstance–of- rate published for the most recent intent to participate and adequate sale adjustments by deducting home– period; (3) if the exporter is not a firm substantive responses filed on behalf of market direct selling expenses from and covered in this review, a prior review, domestic interested parties and no adding U.S. direct selling expenses to or the less–than-fair–value (LTFV) response from respondent interested normal value. investigation, but the manufacturer is, parties, the Department conducted then the cash–deposit rate will be the Preliminary Results of Review expedited (120–day) sunset reviews. As rate established for the most recent a result of these sunset reviews, the As a result of our review, we period for the manufacturer of the Department finds that revocation of the preliminarily determine that a margin of merchandise; and (4) if neither the antidumping duty orders would be 0.00 percent exists for RDM/CPFL for exporter nor the producer is a firm likely to lead to continuation or the period December 1, 2003, through covered in this review, a prior review, recurrence of dumping. The dumping November 30, 2004. or the LTFV investigation, the cash– margins are identified below in the Pursuant to 19 CFR 351.224(b), the deposit rate shall be 17.60 percent, the ‘‘Final Results of Review’’ section of this Department will disclose to parties all–others rate established in the LTFV notice. calculations performed in connection investigation. See Notice of Final with these preliminary results within Determination of Sales at Less Than EFFECTIVE DATE: September 9, 2005. five days of the date of publication of Fair Value: Silicomanganese from FOR FURTHER INFORMATION CONTACT: this notice. Any interested party may Brazil, 59 FR 55432 (November 7, 1994). Dana Mermelstein, AD/CVD Operations, request a hearing within 30 days of These deposit requirements, when Office 6, Import Administration, publication of this notice. A hearing, if imposed, shall remain in effect until International Trade Administration, requested, will be held at the main publication of the final results of the U.S. Department of Commerce, 14th Department building. We will notify next administrative review. Street and Constitution Avenue, NW, parties of the exact date, time, and place This notice serves as a primary Washington, DC 20230, telephone (202) for any such hearing. reminder to importers of their 482–1391. Issues raised in hearings will be responsibility under 19 CFR 351.402(f) SUPPLEMENTARY INFORMATION: limited to those raised in the respective to file a certificate regarding the case and rebuttal briefs. Case briefs from reimbursement of antidumping duties Background interested parties may be filed no later prior to liquidation of the relevant than 30 days after publication of this entries during this review period. On February 2, 2005, the Department notice. Rebuttal briefs, limited to the Failure to comply with this requirement initiated sunset reviews of the issues raised in case briefs, may be could result in the Secretary’s antidumping duty orders on pipe submitted no later than five days after presumption that reimbursement of fittings from Japan, Korea, and Taiwan the deadline for filing case briefs. antidumping duties occurred and the pursuant to section 751(c) of the Act. Parties who submit case or rebuttal subsequent assessment of double See Initiation of Five–Year (‘‘Sunset’’) briefs in this proceeding are requested antidumping duties. Reviews, 69 FR 69891 (Feb. 2, 2005). to submit with each argument a We are publishing this notice in The Department received notices of statement of the issue and a brief accordance with sections 751(a)(1) and intent to participate from four domestic summary of the argument with an 777(i)(1) of the Act. interested parties, Flowline Division of Markovitz Enterprises, Inc. (Flowline), electronic version included. Dated: September 2, 2005. The Department will publish a notice Gerlin, Inc. (Gerlin), Shaw Alloy Piping Barbara E. Tillman, Products, Inc. (formerly Alloy Piping of final results of this administrative Acting Assistant Secretary for Import review, which will include the results of Products, Inc.) (Shaw), and Taylor Forge Administration. Stainless, Inc. (Taylor Forge) its analysis of issues raised in the case [FR Doc. E5–4939 Filed 9–8–05; 8:45 am] briefs, within 120 days from the date of (collectively, domestic interested BILLING CODE 3510–DS–S publication of these preliminary results. parties), within the deadline specified in section 351.218(d)(1)(i) of the Assessment Department’s regulations. Domestic DEPARTMENT OF COMMERCE The Department shall determine, and interested parties claimed interested U.S. Customs and Border Protection International Trade Administration party status under section 771(9)(C) of (CBP) shall assess, antidumping duties the Act as U.S. producers of a domestic on all appropriate entries. Upon [A–588–702, A–580–813, A–583–816] like product. We received a complete substantive response from the domestic completion of this review, the Certain Stainless Steel Butt–Weld Pipe interested party within the 30–day Department will issue appraisement Fittings from Japan, South Korea, and deadline specified in 19 CFR instructions directly to the CBP. Taiwan; Final Results of the Expedited Further, the following deposit 351.218(d)(3)(i). However, we did not Sunset Reviews of the Antidumping requirements will be effective upon receive any responses from any Duty Orders publication of the notice of final results respondent interested parties. As a of administrative review for all AGENCY: Import Administration, result, pursuant to section 751(c)(3)(B) shipments of silicomanganese entered, International Trade Administration, of the Act and 19 CFR or withdrawn from warehouse, for Department of Commerce. 351.218(e)(1)(ii)(C)(2), the Department consumption on or after the date of SUMMARY: On February 2, 2005, the conducted expedited sunset reviews of publication, as provided by section Department of Commerce (the these orders.

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On May 26, 2005, the Department Taiwan Final Results of Reviews extended the time limit for final results The products subject to this order are We determine that revocation of the of these sunset reviews to not later than certain stainless steel butt–weld pipe antidumping duty orders on pipe August 31, 2005. See Stainless Steel fittings, whether finished or unfinished, fittings from Japan, Korea, and Taiwan Butt–Weld Pipe Fittings from Japan, under 14 inches inside diameter. would likely lead to continuation or Korea, and Taiwan: Extension of Time Certain welded stainless steel butt– recurrence of dumping at the following Limit for the Final Results of Sunset percentage weighted–average margins: Reviews of Antidumping Duty Orders, weld pipe fittings (‘‘pipe fittings’’) are used to connect pipe sections in piping 70 FR 30416 (May 26, 2005). Manufacturers/Export- Weighted–Average systems where conditions require ers/Producers Margin (Percent) Scope of the Orders welded connections. The subject Japan merchandise is used where one or more Japan. of the following conditions is a factor in Mie Horo ...... 65.08 The products covered by this order designing the piping system: (1) Nippon Benkan Kogyo, include certain stainless steel butt–weld Corrosion of the piping system will K.K...... 37.24 pipe and tube fittings, or SSPFs. These occur if material other than stainless All Others ...... 49.31 fittings are used in piping systems for South Korea. steel is used; (2) contamination of the The Asia Bend Co. Ltd. 21.20 chemical plants, pharmaceutical plants, material in the system by the system All Others ...... 21.20 food processing facilities, waste itself must be prevented; (3) high Taiwan. treatment facilities, semiconductor temperatures are present; (4) extreme Tachia Yung Ho Ma- equipment applications, nuclear power low temperatures are present; and (5) chine Industry Co., plants and other areas. This high pressures are contained within the Ltd...... 76.20 merchandise is classifiable under the system. Ta Chen Stainless Pipe Harmonized Tariff Schedules of the Pipe fittings come in a variety of Co., Ltd...... 6.42 Tru–Flow Industrial Co., United States (HTSUS) item number shapes, with the following five shapes 7307.23.0000. While the HTS item Ltd...... 76.20 the most basic: ‘‘elbows,’’ ‘‘tees,’’ All Others ...... 51.01 number is provided for convenience and ‘‘reducers,’’ ‘‘stub ends,’’ and ‘‘caps.’’ for Customs purposes, the written The edges of finished pipe fittings are This notice also serves as the only product description remains dispositive beveled. Threaded, grooved, and bolted reminder to parties subject to as to the scope of the product coverage. fittings are excluded from this review. administrative protective orders (APO) South Korea The pipe fittings subject to this order are of their responsibility concerning the classifiable under subheading return or destruction of proprietary The products subject to this order are 7307.23.00 of the Harmonized Tariff information disclosed under APO in certain welded stainless steel butt–weld Schedules of the United States accordance with 19 CFR 351.305 of the pipe fittings (pipe fittings), whether (HTSUS). Department’s regulations. Timely finished or unfinished, under 14 inches Although the HTSUS subheading is notification of the return or destruction in inside diameter. provided for convenience and customs of APO materials or conversion to Pipe fittings are used to connect pipe purposes, our written description of the judicial protective order is hereby sections in piping systems where scope of this review is dispositive. requested. Failure to comply with the conditions require welded connections. regulations and terms of an APO is a Analysis of Comments Received The subject merchandise can be used violation which is subject to sanction. where one or more of the following All issues raised in these cases are We are issuing and publishing the conditions is a factor in designing the addressed in the ‘‘Issues and Decision results and notice in accordance with piping system: (1) Corrosion of the Memorandum’’ from Barbara E. Tillman, sections 751(c), 752, and 777(i)(1) of the piping system will occur if material Acting Deputy Assistant Secretary for Act. other than stainless steel is used; (2) Import Administration, to Joseph A. Dated: August 30, 2005. contamination of the material in the Spetrini, Acting Assistant Secretary for Joseph A. Spetrini, system by the system itself must be Import Administration, dated August prevented; (3) high temperatures are Acting Assistant Secretary for Import 30, 2005, (Decision Memorandum), Administration. present; (4) extreme low temperatures which is hereby adopted by this notice. [FR Doc. E5–4940 Filed 9–8–05; 8:45 am] are present; (5) high pressures are The issues discussed in the Decision Billing Code: 3510–DS–S contained within the system. Memorandum include the likelihood of Pipe fittings come in a variety of continuation or recurrence of dumping shapes, and the following five are the and the magnitude of the margin likely DEPARTMENT OF COMMERCE most basic: ‘‘elbows,’’ ‘‘tees,’’ to prevail if the orders were revoked. ‘‘reducers,’’ ‘‘stub ends,’’ and ‘‘caps.’’ Parties can find a complete discussion International Trade Administration The edges of finished fittings are of all issues raised in these sunset [A–583–830] beveled. Threaded, grooved, and bolted reviews and the corresponding fittings are excluded from this review. recommendations in this public Stainless Steel Plate in Coils from The pipe fittings subject to this order are memorandum, which is on file in room Taiwan; Rescission of Antidumping classifiable under subheading B–099 of the main Department building. Duty Administrative Review 7307.23.00 of the Harmonized Tariff In addition, a complete version of the Schedules of the United States Decision Memorandum can be accessed AGENCY: Import Administration, (HTSUS). directly on the Internet at http:// International Trade Administration, Although the HTSUS subheading is ia.ita.doc.gov, under the heading Department of Commerce. provided for convenience and customs ‘‘September 2005.’’ The paper copy and EFFECTIVE DATE: September 9, 2005. purposes, our written description of the electronic version of the Decision FOR FURTHER INFORMATION CONTACT: scope of this proceeding is dispositive. Memorandum are identical in content. Elizabeth Eastwood or Nichole Zink,

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AD/CVD Operations, Office 2, Import Taiwan for the period of May 1, 2004, The Department received notices of Administration, International Trade through April 30, 2005. intent to participate from the domestic Administration, U.S. Department of This notice is published in interested parties, Committee for Fair Commerce, 14th Street and Constitution accordance with section 751 of the Beam Imports, Nucor Corp., Nucor– Avenue, NW, Washington, DC 20230; Tariff Act of 1930, as amended, and 19 Yamoto Steel Co., Steel Dynamics, Inc., telephone: (202) 482–3874 and (202) CFR 351.213(d)(4). and TXI–Chaparral Steel, Inc. 482–0049, respectively. Dated: September 2, 2005. (collectively, domestic interested SUPPLEMENTARY INFORMATION: Barbara E. Tillman, parties), within the deadline specified in section 351.218(d)(1)(i) of the Background Acting Deputy Assistant Secretary Import Administration. Department’s regulations. Domestic On May 2, 2005, the Department [FR Doc. E5–4938 Filed 9–8–05; 8:45 am] interested parties claimed interested party status under section 771(9)(C) of published in the Federal Register a BILLING CODE 3510–DS–S notice of opportunity to request an the Tariff Act as U.S. producers of a administrative review of the domestic like product. We received a antidumping order regarding stainless DEPARTMENT OF COMMERCE complete substantive response from the steel plate in coils from Taiwan for the domestic interested parties within the period May 1, 2004, through April 30, International Trade Administration 30-day deadline specified in 19 CFR 351.218(d)(3)(i). However, we did not 2005. See Antidumping or [A–588–852, A–580–841] Countervailing Duty Order, Finding, or receive responses from any respondent Suspended Investigation; Opportunity Structural Steel Beams from Japan and interested parties. As a result, pursuant to Request Administrative Review, 70 South Korea; Final Results of to section 751(c)(3)(B) of the Tariff Act FR 22631. On May 31, 2005, in Expedited Sunset Reviews of the and 19 CFR 351.218(e)(1)(ii)(C)(2), the accordance with 19 CFR 351.213(b)(1) of Antidumping Duty Orders Department conducted expedited sunset the Department of Commerce’s (the reviews of these orders. AGENCY: Import Administration, Department’s) regulations, the Scope of the Orders petitioners1 requested a review of the International Trade Administration, antidumping duty order on stainless Department of Commerce. For purposes of this review, the steel plate in coils from Taiwan. SUMMARY: On May 2, 2005, the products covered are doubly–symmetric Department of Commerce (the In June 2005, the Department initiated shapes, whether hot or cold–rolled, Department) initiated a sunset review of an administrative review for the drawn, extruded, formed or finished, the antidumping duty orders on following companies: Chain Chin having at least one dimension of at least structural steel beams (steel beams) from Industrial Co., Ltd.; Chang Mien 80 mm (3.2 inches or more), whether of Japan and South Korea, pursuant to Industries Co., Ltd.; Chien Shing carbon or alloy (other than stainless) section 751(c) of the Tariff Act of 1930, Stainless Co., Ltd.; China Steel steel, and whether or not drilled, as amended, (the Tariff Act). On the Corporation; East Tack Enterprise Co., punched, notched, painted, coated, or basis of the notice of intent to Ltd.; Emerdex Stainless Steel Flat Roll clad. These products (Structural Steel participate and adequate substantive Products, Inc.; Emerdex Stainless Steel, Beams) include, but are not limited to, responses filed on behalf of the Inc.; Emerdex Group, Goang Jau Shing wide–flange beams (W shapes), bearing domestic interested parties and Enterprise Co., Ltd.; PFP Taiwan Co., piles (HP shapes), standard beams (S or inadequate responses from respondent Ltd.; Shing Shong Ta Metal Ind. Co., I shapes), and M–shapes. interested parties, the Department Ltd.; Sinkang Industries, Ltd.; Ta Chen All products that meet the physical conducted expedited sunset reviews. As Stainless Pipe Co., Ltd.; Tang Eng Iron and metallurgical descriptions provided a result of these sunset reviews, the Works; Yieh Loong Enterprise Co., Ltd. above are within the scope of this Department finds that revocation of the (also known as Chung Hung Steel Co., review unless otherwise excluded. The antidumping duty orders would likely Ltd.); Yieh Mau Corporation; Yieh following products, are outside and/or lead to continuation or recurrence of Trading Co.; and Yieh United Steel specifically excluded from the scope of dumping at the levels listed below in Corporation, and issued questionnaires this review: structural steel beams the section entitled ‘‘Final Results of to them. See Initiation of Antidumping greater than 400 pounds per linear foot Reviews.’’ and Countervailing Duty Administrative or with a web or section height (also Reviews, 70 FR 37749 (Jun. 30, 2005). EFFECTIVE DATE: September 9, 2005. known as depth) over 40 inches. On August 11, 2005, the petitioners FOR FURTHER INFORMATION CONTACT: The merchandise subject to this withdrew their request for review. Dana Mermelstein, AD/CVD Operations, review is classified in the Harmonized Office 6, Import Administration, Tariff Schedule of the United States Rescission of Review International Trade Administration, (HTSUS) at subheadings: 7216.32.0000, The petitioners withdrew their U.S. Department of Commerce, 14th 7216.33.0030, 7216.33.0060, request for an administrative review for Street and Constitution Avenue, NW, 7216.33.0090, 7216.50.0000, Washington, DC 20230, telephone (202) 7216.61.0000, 7216.69.0000, the above–referenced period within the 1 2 time limits set forth in 19 CFR 482–1391. 7216.91.0000, 7216.99.0000, 7228.70.3040,3 7228.70.6000. Although 351.213(d)(1). Therefore, because no SUPPLEMENTARY INFORMATION: other interested party requested a Background 1 HTSUS subheading 7216.91.0000 was no longer review, in accordance with 19 CFR in use as of 2004, and was replaced by 7216.91.0010 351.213(d)(1) and consistent with our On May 2, 2005, the Department and 7216.91.0090 in that year. practice, we are rescinding this review initiated sunset reviews of the 2 HTSUS subheading 7216.99.0000 was no longer of the antidumping duty order on antidumping duty orders on steel beams in use as of 2004, and was replaced by 7216.99.0010 stainless steel plate in coils from from Japan and South Korea, pursuant and 7216.99.0090 in that year. 3 HTSUS subheading 7228.70.3040 was no longer to section 751(c) of the Tariff Act. See in use as of 2005. What was previously covered by 1 The petitioners in this proceeding are Allegheny Initiation of Five-year (‘‘Sunset’’) that number is now covered with in 7228.70.3010 Ludlum Corp. and United Steelworkers of America. Reviews, 70 FR 22632 (May 2, 2005). and 7228.70.3041 starting in 2005.

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the HTSUS subheadings are provided notification of the return or destruction eligibility criteria to remove federal for convenience and U.S. Customs and of APO materials or conversion to agencies as an eligible entity. Federal Border Protection (CBP) purposes, the judicial protective order is hereby agencies are not eligible to apply to the written description of the merchandise requested. Failure to comply with the MBOC program because financial under review is dispositive. regulations and terms of an APO is a assistance awards in the form of violation which is subject to sanction. Analysis of Comments Received Cooperative Agreements will be used to We are issuing and publishing these fund the MBOC Program and federal All issues raised in these cases are results and notice in accordance with agencies are not eligible to receive addressed in the ‘‘Issues and Decision sections 751(c), 752, and 777(i)(1) of the Cooperative Agreements. The correct Memorandum’’ from Barbara E. Tillman, Tariff Act. eligibility criteria is stated below. Acting Deputy Assistant Secretary for Dated: August 30, 2005. Import Administration, to Joseph A. Eligibility: For-profit entities Spetrini, Acting Assistant Secretary for Joseph A. Spetrini, (including sole-proprietorships, Import Administration, dated August Acting Assistant Secretary for Import partnerships, and corporations), non- 30, 2005 (Decision Memorandum), Administration. profit organizations, State and local which is hereby adopted by this notice. [FR Doc. E5–4941 Filed 9–8–05; 8:45 am] government entities, American Indian The issues discussed in the Decision BILLING CODE 3510–DS–S tribes, and Educational institutions are Memorandum include the likelihood of eligible to operate MBOCs. continuation or recurrence of dumping DEPARTMENT OF COMMERCE All other requirements stated in the and the magnitude of the margin likely August 30, 2005 solicitation remain the to prevail if the orders were revoked. Minority Business Development same. Parties can find a complete discussion Agency of all issues raised in these sunset Intergovernmental Review reviews and the corresponding [Docket No. 980901228–5236–05] recommendations in this public Applications under this program are memorandum, which is on file in room Solicitation of Applications for the not subject to Executive Order 12372, B–099 of the main Department building. Minority Business Opportunity Center ‘‘Intergovernmental Review of Federal In addition, a complete version of the (MBOC) Program Programs.’’ Decision Memorandum can be accessed AGENCY: Minority Business Limitation of Liability directly on the Web at http:// Development Agency, Department of ia.ita.doc.gov, under the heading Commerce. Applicants are hereby given notice ‘‘September 2005.’’ The paper copy and ACTION: Notice of funding availability; that funds have not yet been electronic version of the Decision correction. appropriated for this program. In no Memorandum are identical in content. event will MBDA or the department of Final Results of Reviews SUMMARY: The Minority Business Commerce be responsible for proposal Development Agency publishes this preparation costs if this program fails to We determine that revocation of the notice to make a correction to the receive funding or is cancelled because antidumping duty orders on steel beams Eligibility section in the Solicitation of of other agency priorities. Publication of from Japan and South Korea would Applications for the Minority Business likely lead to continuation or recurrence this announcement does not oblige Opportunity Center (MBOC) Program MBDA or the Department of Commerce of dumping at the following percentage originally announced in the Federal weighted–average margins: to award any specific project or to Register on August 30, 2005. obligate any available funds. Manufacturers/Export- Weighted–Average FOR FURTHER INFORMATION CONTACT: ers/Producers Margin (Percent) Please visit MBDA’s Minority Business Universal Identifier Internet Portal at http://www.mbda.gov. Japan. Applicant should be aware that they Paper applications and Standard Forms may be required to provide a Dun and Kawasaki Steel Cor- may be obtained by contacting the Bradstreet Data Universal Numbering poration ...... 65.21 MBDA National Enterprise Center (NEC) Nippon Steel Corpora- system (DUNS) number during the for the area in which the Applicant is tion ...... 65.21 application process. See the June 27, NKK Corporation/TOA located (See Agency Contacts section) or visiting MBDA’s Portal at http:// 2003 (68 FR 38402) Federal Register Steel Co., Ltd...... 65.21 notice for additional information. Sumitomo Metals Indus- www.mbda.gov. Standard Forms 424, tries, Ltd...... 65.21 424A, 424B, and SF–LLL can also be Organization can receive a DUNS Tokyo Steel Manufac- obtained at http://www.whitehouse.gov/ number at no cost by calling the turing Co., Ltd...... 65.21 omb/grants, or http://Grants.gov. Forms dedicated toll-free DUNS Number Topy Industries, Limited 65.21 CD–511, and CD–346 may be obtained request line at 1–866–705–5711 or on All Others ...... 31.98 at http://www.doc.gov/forms. MBDA’s Web site at http:// South Korea. www.mbda.gov. INI Steel Company ...... 25.31 Responsibility for ensuring that All Others ...... 37.25 applications are complete and received Department of Commerce Pre-Award by MBDA on time is the sole Notification Requirements for Grants This notice also serves as the only responsibility of the applicant. and Cooperative Agreements reminder to parties subject to SUPPLEMENTARY INFORMATION: On August administrative protective orders (APO) 30, 2005, MBDA published a solicitation The Department of Commerce Pre- of their responsibility concerning the of applications for the MBOC Program. Award Notification Requirements for return or destruction of proprietary 70 FR 51338. In that notice, MBDA Grants and Cooperative Agreements information disclosed under APO in inadvertently included federal agencies contained in the Federal Register notice accordance with 19 CFR 351.305 of the as an entity eligible for grants under the of December 30, 2004 (69 FR 78389) are Department’s regulations. Timely MBOC program. This notice corrects the applicable to this solicitation.

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Executive Order 12866 used in voting systems, methods to optical scan voting systems, and ballot This notice has been determined to be detect and prevent fraud, and protection marking devices. not significant for purposes of Executive of voter privacy and the role of human The goal of the workshop is to solicit Order 12866. factors in the design and application of and gather threat analysis material and voting systems. to gather critical analysis of the Administrative Procedure Act/ To assist NIST in its role of collected threats, their plausibility of Regulatory Flexibility Act developing guidance for the security various scenarios, assumptions made, Prior notice and an opportunity for and related usability of electronic voting and what lessons can be learned as a public comment are not required by the systems, NIST plans to solicit the result of the analysis. Participants in the Administrative Procedure Act or any election community’s participation in a workshop will be expected to other law for rules concerning public workshop to develop an analysis of understand the collected materials and property, loans, grants, benefits, and threats to voting systems. The election participate in the critical analysis and contracts (5 U.S.C. 553(a)(2)). Because community members include election conclusions. In particular, participants notice and opportunity for comment are directors and officials, voting system will be asked to comment on the not required pursuant to 5 U.S.C. 553 or researchers, election system vendors, ramifications of the threat analysis any other law, the analytical threat experts in related areas, and materials so that this may result in requirements of the Regulatory others in the public and private sector. general requirements for the security of Flexibility Act (5 U.S.C. 601 et seq.) are It is anticipated that the workshop voting systems. NIST will use the inapplicable. Therefore, a regulatory will result in a published overview and results of the workshop to develop analysis of threats to voting systems, flexibility analysis has not been security and related usability and how in general these threats can be prepared. requirements for future iterations of the mitigated. The goal of the workshop is Voluntary Voting System Guidelines Paperwork Reduction Act to gather further threat analysis material (VVSG). The proceedings of the This document contains collection-of and input to material already developed workshop will be published. from participants so that, together, these information requirements subject to the Workshop Topics Include Paperwork Reduction Act (PRA) the use may be used to drive the creation of of standard forms 424, 424A, 424B, CD– appropriate requirements for the Overview, importance, and goals of a 346, and SF–LLL have been approved security of voting systems. threat analysis Questions that a threat analysis can by OMB under the respective control Participants in the workshop are answer numbers 0348–0043, 0348–0044, 0348– encouraged to submit a position paper Overviews of submitted position papers 0040, 0605–0001, and 0348–0046. to the conference by September 30, 2005. Position papers and other and threat analysis work Notwithstanding any other provisions of General trends in attacks on information law, no person is required to respond to, submitted materials will be made publicly available on the NIST voting technology systems and ramifications nor shall any person be subject to a to future voting systems security penalty for failure to comply with a Web site. There will be time available for open public comment. The detailed General requirements for voting system collection of information subject to the security Paperwork Reduction Act unless that draft agenda and supporting documentation for the workshop will be Whether on-going voting systems threat collection displays a currently valid analyses should be supported OMB control Number. made available prior to the workshop at the NIST voting Web site http:// State and local election directors and Dated: September 2, 2005. vote.nist.gov/threats/. officials, voting systems security experts Ronald J. Marin, DATES: The workshop will be held on and researchers, election lawyers, Financial Management Officer, Minority October 7, 2005, from 9 a.m. to 5 p.m. experts in threat analysis, voting Business Development Agency. systems vendors, and others from the ADDRESSES: The workshop will be held public and private sector are encouraged [FR Doc. 05–17777 Filed 9–8–05; 8:45 am] in Building 820 (NIST North), Room to present information at the workshop BILLING CODE 3510–21–P 152, at the National Institute of describing their analysis of voting Standards and Technology, system threats and their conclusions as Gaithersburg, MD. DEPARTMENT OF COMMERCE to how requirements for voting system FOR FURTHER INFORMATION CONTACT: security should be targeted. Participants National Institute of Standards and Additional information, as available wishing to formally present information Technology may be obtained from the NIST voting at the workshop should submit Web site at http://vote.nist.gov/threats/ proposals by September 16, 2005, and Announcing a Workshop on or by contacting Peter Ketcham, should submit any related threat Developing an Analysis of Threats to National Institute of Standards and analysis material to [email protected] by Voting Systems Technology, 100 Bureau Drive, Stop September 30, 2005. Position papers, 8910, Gaithersburg, MD 20899–8910; AGENCY: National Institute of Standards and other submitted materials will be telephone 301–975–5456; or e-mail: made publicly available on the NIST and Technology, Commerce. [email protected]. ACTION: Notice of public workshop. voting Web site. SUPPLEMENTARY INFORMATION: NIST will Because of NIST security regulations, SUMMARY: The Help America Vote Act lead an outreach effort in coordination advance registration is mandatory; there (HAVA) of 2002 has given the National with election officials, voting system will be no on-site, same-day registration. Institute of Standards and Technology experts, security threat experts, and the To register, please see http:// (NIST) a key role in helping to realize public and private sector to develop and vote.nist.gov/threats/ or fax the nationwide improvements in voting disseminate an analysis of threats to registration form with your name, systems. NIST research activities voting systems. Examples of such voting address, telephone, fax and e-mail authorized by HAVA include the systems include Direct Recording address to 301–948–2067 (Attn: security of computers, computer Electronic (DRE) systems, systems using Developing an Analysis of Threats to networks, and computer data storage voter verified audit trail technology, Voting Systems) by September 30, 2005.

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The registration fee will be $25. has determined that the establishment approach. Phase 1 (Volume 1 of the EIS) Payment can be made by credit card, of the National Oceanic and would include a review and update of check, purchase order, and government Atmospheric Administration (NOAA) Essential Fish Habitat (EFH) training form. Climate Change Science Program (CCSP) designations and consideration of Dated: August 31, 2005. Product Development Committee Habitat Areas of Particular Concern (CPDC) for Synthesis and Assessment (HAPCs) (not including consideration of William A. Jeffrey, Product 1.1 (CPDC–S&A 1.1) is in the management measures or restrictions), Director. public interest, in connection with the an update of the prey species list, an [FR Doc. 05–17923 Filed 9–8–05; 8:45 am] performance of duties imposed on the update of non-fishing impacts, and an BILLING CODE 3510–13–P Department by law. The CPDC–S&A 1.1 update of research and information will consist of no more than 30 needs. Phase 2 (Volume 2 of the EIS) members to be appointed by the Under would include reviewing and updating DEPARTMENT OF COMMERCE Secretary to assure a balanced a gear effects evaluation and optimizing National Oceanic and Atmospheric representation among preeminent management measures for minimizing Administration scientists, educators, and experts the adverse effects of fishing on EFH reflecting the full scope of the scientific across all FMPs, including the potential [I.D. 090605C] issues addressed in CCSP Synthesis and consideration of management measures Assessment Product 1.1. The CPDC– for HAPCs designated in Phase 1. Climate Change Science Program S&A 1.1 will function solely as an During this scoping period, the Council (CCSP) Product Development advisory body, and in compliance with and NMFS are seeking comments on the Committee (CPDC) for Synthesis and the provisions of the Federal Advisory phased approach only. Assessment Product 1.1 Committee Act. Its charter will be filed DATES: Written scoping comments must AGENCY: Climate Change Science under the Act, 15 days from the date of be received on or before 5 pm EST, Program (CCSP), National Oceanic and publication of this notice in the Federal October 11, 2005. Register. Atmospheric Administration (NOAA), ADDRESSES: Comments may be Commerce. Dated: September 6, 2005. submitted by any of the following ACTION: Notice; establishment of Climate Mary M. Glackin, methods: Change Science Program (CCSP) Assistant Administrator for Program Planning • E-mail: [email protected] • Product Development Committee and Integration. Mail, Disk, or CD-Rom: Paul J. (CPDC) for Synthesis and Assessment [FR Doc. 05–17942 Filed 9–8–05; 8:45 am] Howard, Executive Director, New Product 1.1 (CPDC–S&A 1.1). BILLING CODE 3510–NW–P England Fishery Management Council, 50 Water Street, Newburyport, MA SUMMARY: Establishment of the CPDC– 01950 S&A 1.1 will result in advice to the DEPARTMENT OF COMMERCE • Fax: (978) 465–3116 Secretary, through the Under Secretary FOR FURTHER INFORMATION CONTACT: Paul of Commerce for Oceans and National Oceanic and Atmospheric J. Howard, New England Council, (978) Atmosphere, on CCSP Topic 1.1: Administration 465–0492; Lou Chiarella, NMFS, (978) ‘‘Temperature trends in the lower [I.D. 090105B] 281–9277. atmosphere—steps for understanding SUPPLEMENTARY INFORMATION: Issues and reconciling differences.’’ This Fisheries of the Northeastern United scoped under the NOI published information will be used by NOAA to States; Essential Fish Habitat February 24, 2004 (69 FR 8367) develop a final product in accordance Components of Certain Fishery included: (1) the review and update of with the Guidelines for Producing the Management Plans 5-year Review; the description and identification of CCSP Synthesis and Assessment Supplemental Scoping Process EFH; (2) the review and development of Products. AGENCY: National Marine Fisheries analytical tools used to analyze ADDRESSES: Interested persons are Service (NMFS), National Oceanic and alternatives to minimize adverse effects invited to submit comments regarding Atmospheric Administration (NOAA), of fishing on EFH; (3) the review and the establishment of this committee to Commerce. update of non-Magnuson-Stevens Fishery Conservation and Management Christopher D. Miller, Program ACTION: Supplemental Notice of Intent Manager, NOAA/OAR/Office of Global (NOI) to prepare a Programmatic Act (Magnuson-Stevens Act) fishery Programs Climate Change Data and Environmental Impact Statement (EIS); council management actions and fishing Detection Program Element, 1100 notice of supplemental scoping process; activities that may adversely affect EFH; Wayne Avenue, Suite 1210, Silver request for comments. (4) the review and update of non-fishing Spring, Maryland 20910; telephone related activities that may adversely 301–427–2376, e-mail: SUMMARY: On February 24, 2004, the affect EFH; (5) the review and update of [email protected]. New England Fishery Management the cumulative impact analysis; (6) the Council (Council) in cooperation with review and update of conservation and FOR FURTHER INFORMATION CONTACT: NMFS announced its intent to prepare enhancement recommendations; (7) the Mary M. Glackin; telephone 301/713– a programmatic EIS and Omnibus review and update of prey species 1632. Amendment 2 to the Fishery information; the identification of new SUPPLEMENTARY INFORMATION: In Management Plans (FMPs) for Northeast HAPCs; (8) the review and update of accordance with the provisions of the Multispecies, Atlantic Sea Scallop, research and information needs Federal Advisory Committee Act, 5 Monkfish, Atlantic Herring, Skates, including the consideration of U.S.C. App. 2, and the General Services Atlantic Salmon, and Red Crab. The Dedicated Habitat Research Areas Administration (GSA) rule of Federal purpose of this notification is to alert (DHRA); and (9) the integration of Advisory Committee Management, 41 the interested public of the Council’s alternatives to minimize any adverse CFR part 102–3, and after consultation intent to complete Omnibus effects of fishing on EFH across all with GSA, the Secretary of Commerce Amendment 2 in a two-phased FMPs principally managed by the

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Council by developing a comprehensive TABLE 1. EVENTS OR MILESTONES OF DEPARTMENT OF COMMERCE EFH Management Plan. A complete PHASED APPROACH.—Continued description of the background and need National Oceanic and Atmospheric for the Omnibus Amendment and a list Step Event/Milestone Administration of scoping hearings can be found in the [I.D. 082305D] original February 24, 2004, NOI and are 3 Council prepares Draft Volume 1 of preliminary not repeated here. Gulf of Mexico Fishery Management EIS to include components Council; Public Meetings; Correction Due largely to public clarity and in Step 2. issues of complexity, the Council AGENCY: National Marine Fisheries intends to complete the EFH Omnibus 4 Public Hearings/Public Service (NMFS), National Oceanic and Amendment 2 action in two phases or Comment Period on Vol- Atmospheric Administration (NOAA), ume 1. volumes with one accompanying EIS Commerce. and Magnuson-Stevens Act document. 5 Council considers public ACTION: Notice of cancellation of public Separation of this large action into two comments and makes final meetings. phases (volumes) will allow for the decisions on Phase 1 top- continued sequential development of ics. SUMMARY: The Gulf of Mexico Fishery the Omnibus Amendment but avoids Management Council (Council) has the creation of an extremely large and 6 Council completes Final cancelled the public meetings that were Volume 1 containing anal- complex action that may not be scheduled for September 12–16, 2005, ysis of Phase 1 topics. in New Orleans, LA. decipherable from the public’s perspective. Further, in order to meet 7 Council considers topics SUPPLEMENTARY INFORMATION: The initial the Sustainable Fisheries Act intention outlined in Phase 2 and notice was published in the Federal of the EFH mandate, it is prudent to take develops a range of alter- Register on August 30, 2005, in FR Doc. E5–4719, beginning on page 51347. The a step-wise approach. For instance, it is natives. meetings will be rescheduled at a later necessary to determine what is EFH 8 Council prepares Draft date and announced in the Federal prior to conducting an evaluation of the Volume 2 of EIS to include Register. potential effects of fishing gear on EFH components in Step 7. and to develop a range of alternatives to Dated: September 6, 2005. minimize, mitigate or avoid any impacts 9 Public Hearings / Public Emily Menashes, that are more than minimal and less Comment Period on com- Acting Director, Office of Sustainable than temporary in nature. As such, the bined Volume 1 and Vol- Fisheries, National Marine Fisheries Service. ume 2. Council would complete the Omnibus [FR Doc. E5–4932 Filed 9–8–05; 8:45 am] Amendment 2 in two phases. Phase 1 10 Council considers public BILLING CODE 3510–22–S (Volume 1 of the EIS) would include a comments and makes final review and update of EFH designations decisions on Phase 2 top- DEPARTMENT OF COMMERCE and consideration of HAPCs (not ics. including consideration of management 11 Council completes Final National Oceanic and Atmospheric measures or restrictions), an update of Volume 2 containing anal- Administration prey species list, an update of non- ysis of Phase 2 topics. fishing impacts, and an update of Hydrographic Services Review Panel research and information needs. Phase 2 12 Council prepares and sub- Meeting (Volume 2 of the EIS) would include mits merged Volume 1 and Volume 2 to NMFS as AGENCY: National Ocean Service, reviewing and updating a gear effects National Oceanic and Atmospheric evaluation and optimizing management complete EIS/Magnuson- Stevens Act FMP Amend- Administration (NOAA), Department of measures for minimizing the adverse ment documents. Commerce. effects of fishing on EFH across all ACTION: Notice of public meeting (via FMPs, including the potential 13 NMFS reviews EIS and conference call). consideration of management measures issues a record of deci- for HAPCs designated in Phase 1. The sion. SUMMARY: The Hydrographic Services proposed sequence of events is Review Panel (HSRP) was established described in Table 1. Authority: 16 U.S.C. 1801 et seq. by the Secretary of Commerce to advise the Under Secretary of Commerce for Dated: September 2, 2005. TABLE 1. EVENTS OR MILESTONES OF Oceans and Atmosphere on matters PHASED APPROACH. Emily Menashes related to the responsibilities and Acting Director, Office of Sustainable authorities set forth in section 303 of the Step Event/Milestone Fisheries, National Marine Fisheries Service. Hydrographic Services Improvement [FR Doc. 05–17943 Filed 9–8–05; 8:45 am] Act of 1998, its amendments, and such 1 Council files modified No- BILLING CODE 3510–22–S other appropriate matters that the Under tice of Intent to clearly ex- Secretary refers to the Panel for review plain to the public the new and advice. The purpose of the course of action. conference call is to allow Panel 2 Council considers topics members to vote on final outlined in Phase 1 and recommendations initiated during a develops a range of alter- public meeting in Durham, New natives. Hampshire, on August 18–19, 2005. Written public comments should be

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submitted to the DFO by September 26, COMMITTEE FOR THE 2005). Thus, CITA resumed 2005. IMPLEMENTATION OF TEXTILE consideration of this case. Date and Time: The conference call AGREEMENTS The public comment period for this will convene at 2 p.m. eastern time, Extension of Period of Determination request had not yet closed when the September 28, 2005, and end at about on Request for Textile and Apparel injunction took effect on December 30, 3:30 p.m. Safeguard Action on Imports from 2004. The number of calendar days remaining in the public comment period FOR FURTHER INFORMATION CONTACT: China beginning with and including December Captain Roger L. Parsons, NOAA, September 2, 2005. 30, 2004 was 20 days. On May 9, 2005, Designated Federal Officer (DFO), Office AGENCY: The Committee for the therefore, the Committee published a of Coast Survey, National Ocean Implementation of Textile Agreements notice in the Federal Register re- Service, NOAA (N/CS), 1315 East West (the Committee). opening the comment period and Highway, Silver Spring, Maryland inviting public comments to be received 20910; Telephone: 301–713–2770, Fax: ACTION: Notice. not later than May 31, 2005. See 301–713–4019; e-mail: SUMMARY: The Committee is extending Rescheduling of Consideration of [email protected] or visit through October 1, 2005, the period for Request for Textile and Apparel the NOAA HSRP Web site at http:// making a determination on whether to Safeguard Action on Imports from nauticalcharts.noaa.gov/ocs/hsrp/ request consultations with China China and Solicitations of Public hsrp.htm. regarding imports of knit fabric Comments, 70 FR 24397 (May 9, 2005). (Category 222). SUPPLEMENTARY INFORMATION: This The Committee’s Procedures, 68 FR conference call is available to the public FOR FURTHER INFORMATION CONTACT: Jay 27787 (May 21, 2003) state that the through the following, toll free call-in Dowling, Office of Textiles and Apparel, Committee will make a determination number: (888) 323–2712, participant U.S. Department of Commerce, (202) within 60 calendar days of the close of passcode 9738110. Interested members 482-4058. the public comment period as to of the public may call this number and SUPPLEMENTARY INFORMATION: whether the United States will request listen to the meeting. Persons with Authority: Section 204 of the Agriculture consultations with China. If the hearing impairments may follow the Act of 1956, as amended; Executive Order Committee is unable to make a proceedings by calling the Federal Relay 11651, as amended. determination within 60 calendar days, Service [TTY (800) 877–8339, Voice Background it will cause to be published a notice in (866) 377–8642 or Voice Carry-Over the Federal Register, including the date (877) 877–6280] and provide the Service On November 19, 2004, the by which it will make a determination. with the conference call number and Committee received a request from the The 60 day determination period for participant passcode. Be sure to notify American Manufacturing Trade Action this case expired on August 12, 2005. the operator that it is a ‘‘Conference Coalition, the National Council of However, the Committee decided to Call’’ before you provide call number Textile Organizations, the National extend until August 31, 2005, the period and participant passcode. To ensure an Textile Association, and UNITE HERE for making a determination on this case appropriate number of phone lines for requesting that the Committee limit in order to consult with the domestic the public, persons are asked to register imports from China of knit fabric textile and apparel industry and by visiting https:// (Category 222) due to the threat of members of Congress about whether to www.mymeetings.com (choose ‘‘web market disruption. pursue a broader agreement with China rsvp’’ and enter Conference ID 4907175, The Committee determined that this on imports of Chinese textile and Conference Passcode 9738110) by request provided the information apparel products to the United States. September 23, 2005. necessary for the Committee to consider the request and solicited public Because of these consultations, the Matters To Be Considered: A quorum comments for a period of 30 days. See Committee was unable to make a vote is required for recommendations Solicitation of Public Comments on determination within 60 days of the related to NOAA Hydrographic Services Request for Textile and Apparel close of the public comment period. See Role in the Integrated Ocean Observing Safeguard Action on Imports from Extension of Period of Determination on System (IOOS), The National Ocean China, 69 FR 75516 (Dec. 17, 2004). Request for Textile and Apparel Service Mapping and Charting On December 30, 2004, the Court of Safeguard Action on Imports from Contracting Policy and Expansion International Trade preliminarily China, 70 FR 45705 (August 8, 2005). Strategy and NOAA’s Core Capability. enjoined the Committee from The Committee is unable to make a The recommendations will be posted considering or taking any further action determination within the extended before the conference call; please visit on this request and any other requests period because it is continuing to http://nauticalcharts.noaa.gov/ocs/ ‘‘that are based on the threat of market evaluate conditions in the market for hsrp/hsrp.htm. disruption’’. U.S. Association of knit fabric. Therefore, the Committee is Importers of Textiles and Apparel v. Dated: September 8, 2005. further extending the determination United States, 350 F. Supp. 2d 1342 period to October 1, 2005. Mitchell Luxenberg, (CIT 2004). On April 27, 2005 the U.S. Acting Chief Financial Officer, Ocean Court of Appeals for the Federal Circuit James C. Leonard III, Services and Coastal Zone Management, granted the U.S. government’s motion Chairman, Committee for the Implementation National Oceanic and Atmospheric for a stay and reversed the lower Court of Textile Agreements. Administration. on June 28, 2005. U.S. Association of [FR Doc.E5–4943 Filed 9–8–05; 8:45 am] [FR Doc. 05–17891 Filed 9–8–05; 8:45 am] Importers of Textiles and Apparel v. BILLING CODE 3510–DS–S BILLING CODE 3510–JE–P United States, 413 F. 3d 1344 (Fed. Cir.

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COMMITTEE FOR THE textile and apparel industry and man-made fiber dressing gowns and IMPLEMENTATION OF TEXTILE members of Congress about whether to robes (Category 350/650) due to the AGREEMENTS pursue a broader agreement with China threat of market disruption (‘‘threat on imports of Chinese textile and case’’). Extension of Period of Determination apparel products to the United States. The Committee determined that this on Request for Textile and Apparel Because of these consultations, the request provided the information Safeguard Action on Imports from Committee was unable to make a necessary for the Committee to consider China determination within 60 days of the the request and solicited public close of the public comment period. See September 2, 2005. comments for a period of 30 days. See Extension of Period of Determination on Solicitation of Public Comments on AGENCY: The Committee for the Request for Textile and Apparel Implementation of Textile Agreements Request for Textile and Apparel Safeguard Action on Imports from (the Committee). Safeguard Action on Imports from China, 70 FR 45704 (August 8, 2005). China, 69 FR 77232 (Dec. 27, 2004). ACTION: Notice. The Committee is unable to make a On December 30, 2004, the Court of SUMMARY: The Committee is extending determination within the extended International Trade preliminarily through October 1, 2005, the period for period because it is continuing to enjoined the Committee from making a determination on whether to evaluate conditions in the market for considering or taking any further action request consultations with China cotton and man-made fiber sweaters. on this request and any other requests regarding imports of cotton and man- Therefore, the Committee is further ‘‘that are based on the threat of market made fiber sweaters (Category 345/645/ extending the determination period to disruption’’. U.S. Association of 646). October 1, 2005. Importers of Textiles and Apparel v. FOR FURTHER INFORMATION CONTACT: Jay James C. Leonard III, United States, 350 F. Supp. 2d 1342 (CIT 2004). On April 27, 2005 the Court Dowling, Office of Textiles and Apparel, Chairman, Committee for the Implementation U.S. Department of Commerce, (202) of Textile Agreements. of Appeals for the Federal Circuit granted the U.S. government’s motion 482-4058. [FR Doc.E5–4944 Filed 9–8–05; 8:45 am] SUPPLEMENTARY INFORMATION: for a stay and reversed the lower Court BILLING CODE 3510–DS–S on June 28, 2005. U.S. Association of Authority: Section 204 of the Agriculture Importers of Textiles and Apparel v. Act of 1956, as amended; Executive Order United States, 413 F. 3d 1344 (Fed. Cir. 11651, as amended. COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE 2005). Thus, CITA resumed Background AGREEMENTS consideration of this case. On April 6, 2005, the Committee The public comment period for this received a request from the American Extension of Period of Determination request had not yet closed when the Manufacturing Trade Action Coalition, on Request for Textile and Apparel injunction took effect on December 30, the National Council of Textile Safeguard Action on Imports from 2004. The number of calendar days Organizations, the National Textile China remaining in the public comment period Association, and UNITE HERE beginning with and including December requesting that the Committee limit September 2, 2005. 30, 2004 was 28 days. On May 9, 2005, imports from China of cotton and man- AGENCY: The Committee for the therefore, the Committee published a made fiber sweaters (Category 345/645/ Implementation of Textile Agreements notice in the Federal Register re- 646) due to market disruption. The (the Committee). opening the comment period and Committee determined that this request ACTION: Notice. inviting public comments to be received provided the information necessary for not later than June 6, 2005. See SUMMARY: The Committee is extending the Committee to consider the request Rescheduling of Consideration of through October 1, 2005, the period for and solicited public comments for a Request for Textile and Apparel making a determination on whether to period of 30 days. See Solicitation of Safeguard Action on Imports from request consultations with China Public Comments on Request for Textile China and Solicitations of Public regarding imports of cotton and man- and Apparel Safeguard Action on Comments, 70 FR 24397 (May 9, 2005). made fiber dressing gowns and robes Imports from China, 70 FR 23107 (May On April 6, 2005, the Committee (Category 350/650). 4, 2005). received a request from the American The Committee’s Procedures, 68 FR FOR FURTHER INFORMATION CONTACT: Jay Manufacturing Trade Action Coalition, 27787 (May 21, 2003) state that the Dowling, Office of Textiles and Apparel, the National Council of Textile Committee will make a determination U.S. Department of Commerce, (202) Organizations, the National Textile within 60 calendar days of the close of 482-4058. Association, and UNITE HERE the public comment period as to SUPPLEMENTARY INFORMATION: requesting that the Committee limit whether the United States will request Authority: Section 204 of the Agriculture imports from China of cotton and man- consultations with China. If the Act of 1956, as amended; Executive Order made fiber dressing gowns and robes Committee is unable to make a 11651, as amended. (Category 350/650) due to market determination within 60 calendar days, disruption (‘‘market disruption case’’). Background it will cause to be published a notice in The Committee determined that this the Federal Register, including the date On November 24, 2004, the request provided the information by which it will make a determination. Committee received a request from the necessary for the Committee to consider The 60 day determination period for American Manufacturing Trade Action the request and solicited public this case expired on August 2, 2005. Coalition, the National Council of comments for a period of 30 days. See However, the Committee decided to Textile Organizations, the National Solicitation of Public Comment on extend until August 31, 2005, the period Textile Association, SEAMS and UNITE Request for Textile and Apparel for making a determination on this case HERE requesting that the Committee Safeguard Action on Imports from in order to consult with the domestic limit imports from China of cotton and China, 70 FR 23117 (May 4, 2005).

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The Committee’s Procedures, 68 FR regarding imports of men’s and boys’ The Committee’s Procedures, 68 FR 27787 (May 21, 2003) state that the wool trousers (Category 447). 27787 (May 21, 2003) state that the Committee will make a determination FOR FURTHER INFORMATION CONTACT: Jay Committee will make a determination within 60 calendar days of the close of Dowling, Office of Textiles and Apparel, within 60 calendar days of the close of the public comment period as to U.S. Department of Commerce, (202) the public comment period as to whether the United States will request 482-4058. whether the United States will request consultations with China. If the consultations with China. If the Committee is unable to make a SUPPLEMENTARY INFORMATION: Committee is unable to make a determination within 60 calendar days, Authority: Section 204 of the Agriculture determination within 60 calendar days, it will cause to be published a notice in Act of 1956, as amended; Executive Order it will cause to be published a notice in the Federal Register, including the date 11651, as amended. the Federal Register, including the date by which it will make a determination. Background by which it will make a determination. The 60 day determination period for The 60 day determination period for the market disruption case expired on On November 12, 2004, the Committee received a request from the this case expired on July 22, 2005. August 2, 2005 and the determination However, the Committee was unable to period for the threat case expired on American Manufacturing Trade Action Coalition, the National Council of make a determination at that time and August 5, 2005. However, the extended the determination period to Committee decided to extend until Textile Organizations, the National Textile Association, SEAMS, and July 31, 2005. See Extension of Period August 31, 2005, the period for making of Determination on Request for Textile determinations on these cases in order UNITE HERE requesting that the Committee limit imports from China of and Apparel Safeguard Action on to consult with the domestic textile and Imports from China, 70 FR 43397 (July apparel industry and members of men’s and boys’ wool trousers (Category 447) due to the threat of market 27, 2005). The Committee decided to Congress about whether to pursue a further extend until August 31, 2005, broader agreement with China on disruption. The Committee determined that this request provided the the period for making a determination imports of Chinese textile and apparel on this case in order to consult with the products to the United States. Because information necessary for the Committee to consider the request and domestic textile and apparel industry of these consultations, the Committee and members of Congress about whether was unable to make a determination solicited public comments for a period of 30 days. See Solicitation of Public to pursue a broader agreement with within 60 days of the close of the public China on imports of Chinese textile and comment period. See Extension of Comments on Request for Textile and Apparel Safeguard Action on Imports apparel products to the United States. Period of Determination on Request for Because of these consultations, the Textile and Apparel Safeguard Action from China, 69 FR 71781 (Dec. 10, 2004). Committee was unable to make a on Imports from China, 70 FR 45702 determination within 60 days of the (August 8, 2005). The Committee is On December 30, 2004, the Court of close of the public comment period. See unable to make a determination within International Trade preliminarily Extension of Period of Determination on the extended period because it is enjoined the Committee from Request for Textile and Apparel continuing to evaluate conditions in the considering or taking any further action Safeguard Action on Imports from market for cotton and man-made fiber on this request and any other requests China, 70 FR 45703 (August 8, 2005). dressing gowns and robes. Therefore, ‘‘that are based on the threat of market The Committee is unable to make a the Committee is further extending the disruption’’. U.S. Association of determination within the extended determination period to October 1, Importers of Textiles and Apparel v. period because it is continuing to 2005. United States, 350 F. Supp. 2d 1342 evaluate conditions in the market for (CIT 2004). On April 27, 2005 the Court James C. Leonard III, men’s and boys’ wool trousers. of Appeals for the Federal Circuit Therefore, the Committee is further Chairman, Committee for the Implementation granted the U.S. government’s motion of Textile Agreements. extending the determination period to for a stay and reversed the lower court October 1, 2005. [FR Doc. E5–4945 Filed 9–8–05; 8:45 am] on June 28, 2005. U.S. Association of BILLING CODE 3510–DS–S Importers of Textiles and Apparel v. James C. Leonard III, United States, 413 F. 3d 1344 (Fed. Cir. Chairman, Committee for the Implementation 2005). Thus, CITA resumed COMMITTEE FOR THE of Textile Agreements. consideration of this case. IMPLEMENTATION OF TEXTILE [FR Doc. E5–4946 Filed 9–8–05; 8:45 am] AGREEMENTS The public comment period for this BILLING CODE 3510–DS–S request had not yet closed when the Extension of Period of Determination injunction took effect on December 30, on Request for Textile and Apparel 2004. The number of calendar days Safeguard Action on Imports from remaining in the public comment period DEPARTMENT OF EDUCATION China beginning with and including December 30, 2004 was 12 days. On May 9, 2005, Student Assistance General September 2, 2005. therefore, the Committee published a Provisions, Federal Perkins Loan, AGENCY: The Committee for the notice in the Federal Register re- Federal Work-Study, Federal Implementation of Textile Agreements opening the comment period and Supplemental Educational Opportunity (the Committee). inviting public comments to be received Grant, Federal Family Education Loan, ACTION: Notice. not later than May 23, 2005. See William D. Ford Federal Direct Loan, Rescheduling of Consideration of Federal Pell Grant, and Leveraging SUMMARY: The Committee is extending Request for Textile and Apparel Educational Assistance Partnership through October 1, 2005, the period for Safeguard Action on Imports from Programs making a determination on whether to China and Solicitations of Public request consultations with China Comments, 70 FR 24397 (May 9, 2005). AGENCY: Department of Education.

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ACTION: Notice extending institutional should contact the Department of the COD School Relations Center at 1– and applicant filing and reporting Education’s Dallas Regional Office at 800–848–0978, or by e-mail at deadlines. (214) 661–9490, or by e-mail at [email protected]. An affected [email protected]. An institution institution or servicer that does not SUMMARY: The Secretary announces an or servicer that submits its annual audit submit Direct Loan information within extension of the deadline dates for after the deadline in 34 CFR 668.23 the current 30-day timeframe must specific filing and reporting activities, must maintain documentation of the maintain documentation of the including those published in the hurricane-related reason why it did so. hurricane-related reason why it did so. Federal Register on March 22, 2005 (70 2004–2005 Federal Pell Grant FR 14450), April 13, 2005 (70 FR Reporting Deadline: For an affected Activities Related to Applicant Filing 19423), and June 7, 2005 (70 FR 33134). institution or third-party servicer that is FAFSA Correction Deadline: For an The Secretary takes this action as a unable to meet the previously published affected applicant for the 2004–2005 result of the extensive damage and deadline of September 30, 2005, the award year, the Secretary extends from disruption in the southern United States Secretary grants administrative relief September 15, 2005, to December 1, caused by Hurricane Katrina. The new and extends to December 1, 2005, the 2005, the date by which the dates apply only to (1) institutions or date by which the institution or servicer Department’s Central Processing System third-party servicers that are located in must report Federal Pell Grant payments (CPS) must have received the following a federally-declared disaster area and (and adjustments) for the 2004–2005 items: that were adversely affected by award year to the Common Origination • Hurricane Katrina, and (2) applicants Paper corrections (including and Disbursement (COD) System. If the address changes and changes of that are adversely affected by the institution or servicer cannot submit the hurricane. institutions) made using a SAR; records by the extended deadline, it • Electronic corrections (including In addition, the Secretary reminds must contact the COD School Relations affected parties that additional guidance address changes and changes of Center at 1–800–4PGRANT (1–800–474– institutions) made from FAFSA on the and regulatory relief are provided in 7268), or by e-mail at CODSupport@acs- Dear Colleague Letter GEN–04–04, Web, FAA Access to CPS Online, or inc.com. An institution or servicer that EDE; available at: http://www.ifap.ed.gov/ submits Pell Grant payment information • Changes to mailing or e-mail dpcletters/GEN0404.html. for the 2004–2005 award year after addresses, changes of institutions, and SUPPLEMENTARY INFORMATION: The September 30, 2005, must maintain requests for a duplicate SAR made by Secretary announces new deadlines, as documentation of the hurricane-related phone to the Federal Student Aid described below. reason why it did so. Submission of Federal Pell Grant Information Center; and Activities Related to Institutional • Paper signature pages and Reporting Disbursement Records: For the 2004– 2005 and 2005–2006 award years, the electronic signatures. FISAP Filing Deadline: For an affected Secretary will not enforce the current Activities Related to Documents institution or third-party servicer that is 30-day reporting requirement against an Received by an Institution unable to meet the previously published affected institution or third-party deadline of September 30, 2005, the servicer that is unable to submit Federal Receipt of SARs and ISIRs: For an Secretary extends to December 1, 2005, Pell Grant disbursement records to the affected applicant, institution, or third- the date by which the institution’s Common Origination and Disbursement party servicer, the Secretary extends FISAP (Fiscal Operations Report for (COD) System. Instead, the institution or from September 23, 2005, to December 2004–2005 and Application to servicer has until December 1, 2005, to 1, 2005, the date by which the Participate for 2006–2007) must be submit these records. If the institution institution or servicer must have submitted. If the institution or servicer or servicer cannot submit the records by received a SAR from a student, or an cannot meet the extended deadline, it the extended deadline, it must contact ISIR from the Department, for the must contact the Campus-Based Call the COD School Relations Center at 1– student to be considered for a Federal Center at 1–877–801–7168, or by e-mail 800–4PGRANT (1–800–474–7268), or by Pell Grant for the 2004–2005 award at [email protected]. An institution or e-mail at [email protected]. An year. An institution or servicer that pays servicer that submits a FISAP after affected institution or servicer that does Federal Student Aid on a SAR or ISIR September 30, 2005, must maintain not submit Pell Grant payment that was received after September 23, documentation of the hurricane-related information within the 30-day 2005, must maintain documentation of reason why it did so. timeframe must maintain the hurricane-related reason why the Audit Submission Deadline: For an documentation of the hurricane-related SAR or ISIR was not received by that affected institution or third-party reason why it did so. date. servicer that is unable to submit its Submission of Federal Direct Loan Receipt of Verification Documents: annual compliance audit and/or audited Records: The Secretary will not enforce The Secretary extends from September financial statements, the Secretary the current 30-day requirement against 23, 2005, to December 1, 2005, the date extends by 90 days the date by which an affected institution or third-party by which an institution or third-party the institution or servicer must servicer that is unable to submit servicer must have received all otherwise submit those audits as William D. Ford Federal Direct Loan requested verification documents to provided in 34 CFR 668.23. If the (Direct Loan) promissory notes, loan consider an applicant for Federal institution or servicer cannot meet the origination records, and disbursement Student Aid for the 2004–2005 award extended deadline, it must contact the records (including adjustments) to the year. An institution or servicer that pays appropriate School Participation Team. Common Origination and Disbursement Federal Student Aid based on Institutions or servicers in Alabama and (COD) System. Instead, the institution or verification documents received after Mississippi should contact Charles servicer has until December 1, 2005, to September 23, 2005, must maintain Engstrom at (404) 562–6309, or by e- submit these records. If an institution or documentation of the hurricane-related mail at [email protected]. servicer cannot submit the records by reason why those documents were not Institutions or servicers in Louisiana the extended deadline, it must contact received by that date.

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FOR FURTHER INFORMATION CONTACT: For The Federal Advisory Committee Act the agenda. Those who call in and general questions, John Kolotos, U.S. (Pub. L. 92–463, 86 Stat. 770) requires register in advance will be given the Department of Education, 400 Maryland that public notice of these meetings be opportunity to speak first. Others will Avenue, SW., UCP, room 113F2, announced in the Federal Register. be accommodated as time permits. The Washington, DC 20202. Telephone: DATES: Thursday, September 29, 2005, 9 Board Chair is empowered to conduct (202) 377–4027, Fax: (202) 275–4552, or a.m.–5 p.m.; Friday, September 30, the meeting in a fashion that will by e-mail: [email protected]. 2005, 9 a.m.–2 p.m. facilitate the orderly conduct of For other questions or requests for ADDRESSES: U.S. Department of Energy, business. Individuals wishing to make extensions, contact the appropriate call 1000 Independence Avenue, SW., Room public comment will be provided a center as noted elsewhere in this notice 1E–245, Forrestal Building, Washington, maximum of five minutes to present or the Customer Service Call Center at DC 20585. their comments. 1–800–433–7327. Minutes: The minutes of the meeting FOR FURTHER INFORMATION CONTACT: will be available for viewing and Electronic Access to This Document Terri Lamb, Executive Director of the copying at the U.S. Department of Environmental Management Advisory You may view this document, as well Energy Freedom of Information Public Board (EM—30.1), U.S. Department of as all other documents of this Reading Room, 1E–190, Forrestal Energy, 1000 Independence Avenue, Department published in the Federal Building, 1000 Independence Avenue, SW., Washington, DC 20585. Phone Register, in text or Adobe Portable SW., Washington, DC 20585 between 9 (202) 586–9007; Fax (202) 586–0293 or Document Format (PDF) on the Internet a.m. and 4 p.m., Monday–Friday except e-mail: [email protected]. at the following site: http://www.ed.gov/ Federal holidays. Minutes will also be news/fedregister. SUPPLEMENTARY INFORMATION: Purpose of available by calling Terri Lamb at (202) To use PDF you must have Adobe the Meeting: To provide the Assistant 586–9007. Acrobat Reader, which is available free Secretary for Environmental Management with advice and Issued in Washington, DC, on September 2, at this site. If you have questions about 2005. recommendations on corporate issues using PDF, call the U.S. Government Carol Matthews, Printing Office (GPO), toll free, at 1– confronting the Environmental Acting Committee Management Officer. 888–293–6498; or in the Washington, Management Program. The Board will DC area at (202) 512–1530. contribute to the effective operation of [FR Doc. 05–17917 Filed 9–8–05; 8:45 am] the Environmental Management BILLING CODE 6450–01–P Note: The official version of this document is the document published in the Federal Program by providing individual citizens and representatives of Register. Free Internet access to the official DEPARTMENT OF ENERGY edition of the Federal Register and the Code interested groups an opportunity to present their views on issues facing the of Federal Regulations is available on GPO International Energy Agency Meeting Access at: http://www.gpoaccess.gov/nara/ Office of Environmental Management index.html. and by helping to secure consensus AGENCY: Department of Energy. recommendations on those issues. Program Authority: 20 U.S.C. 1070a, ACTION: Notice of meeting. 1070b–1070b–4, 1070c–1070c–4, 1071– Tentative Agenda SUMMARY: 1087–2, 1087a–1087j, 1087aa–1087ii, 1094, The Industry Advisory Board and 1099c; 42 U.S.C. 2751–2756b. Thursday, September 29, 2005 to the International Energy Agency (IEA) 9 a.m.—Public Meeting Open, Welcome, will meet on September 14, 2005, at the (Catalog of Federal Domestic Assistance headquarters of the IEA in , France numbers: 84.007 Federal Supplemental Opening Remarks, Review of End Educational Opportunity Grant (FSEOG) States Issues, Roundtable Discussion. in connection with a meeting of the Program; 84.032 Federal Family Education 12 p.m.—Lunch. Review of Project IEA’s Standing Group on Emergency Loan (FFEL) Programs; 84.033 Federal Work- Management and Oversight Issues, Questions. Study (FWS) Program; 84.038 Federal Review of Contract Strategy and FOR FURTHER INFORMATION CONTACT: Perkins (Perkins) Loans; 84.063 Federal Pell Management Issues, Roundtable Samuel M. Bradley, Assistant General Grant (Pell) Program; 84.069 Leveraging Discussion. Counsel for International and National Educational Assistance Partnership (LEAP) Programs; and 84.268 William D. Ford 5 p.m.—Public Comment Period and Security Programs, Department of Federal Direct Loan (Direct Loan) Programs) Adjournment. Energy, 1000 Independence Avenue, Dated: September 7, 2005. Friday, September 30, 2005 SW., Washington, DC 20585, (202) 586– 6738. Theresa S. Shaw, 9 a.m.—Opening Remarks, Board Chief Operating Officer, Federal Student Aid. SUPPLEMENTARY INFORMATION: In Discussion Board Business. accordance with section 252(c)(1)(A)(i) [FR Doc. 05–18034 Filed 9–8–05; 8:45 am] 12 p.m.—Lunch. New Business and Set of the Energy Policy and Conservation BILLING CODE 4000–01–P Date for Next Board Meeting. Act (42 U.S.C. 6272(c)(1)(A)(i)) (EPCA), 2 p.m.—Public Comment Period and the following notice of meeting is Adjournment. provided: DEPARTMENT OF ENERGY Public Participation: The meeting is A meeting of the Industry Advisory Office of Environmental Management; open to the public. Written statements Board (IAB) to the International Energy Environmental Management Advisory may be filed with the Board either Agency (IEA) will be held at the Board Meeting before or after the meeting. Individuals headquarters of the IEA, 9, rue de la who wish to make oral statements Fe´de´ration, Paris, France, on September AGENCY: Department of Energy. pertaining to agenda items should 14, 2005, beginning at 8:30 a.m. The ACTION: Notice of open meeting. contact Terri Lamb at the address or purpose of this notice is to permit telephone number above. Requests must attendance by representatives of U.S. SUMMARY: This notice announces a be received five days prior to the company members of the IAB at an Ad meeting of the Environmental meeting and reasonable provision will Hoc Emergency Session of the IEA’s Management Advisory Board (EMAB). be made to include the presentation in Standing Group on Emergency

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Questions (SEQ), which is scheduled to SUMMARY: This notice announces an copying within 90 days at the Freedom be held September 14, 2005, at the same open meeting of the Biomass Research of Information Public Reading Room; location beginning at 10 a.m., including and Development Technical Advisory Room 1E–190; Forrestal Building; 1000 a preparatory encounter among Committee under the Biomass Research Independence Avenue, SW., company representatives from and Development Act of 2000. The Washington, DC, between 9 a.m. and 4 approximately 8:30 a.m. to 9 a.m. Federal Advisory Committee Act (Pub. p.m., Monday through Friday, except The agenda for the preparatory L. No. 92–463, 86 Stat. 770) requires Federal holidays. encounter among company that public notice of this meeting be Issued at Washington, DC on September 2, representatives is a review of the SEQ’s announced in the Federal Register. 2005. meeting agenda. The agenda of the SEQ DATES: Monday, October 3, 2005, 1 Carol Matthews, meeting is under the control of the SEQ. p.m.–5 p.m., Tuesday, October 4, 2005, Acting Committee Management Officer. It is expected that the SEQ will adopt 9:45 a.m.–3:30 p.m. the following agenda: [FR Doc. 05–17916 Filed 9–8–05; 8:45 am] ADDRESSES: Double Tree Hotel 1. Adoption of the Agenda of the Ad BILLING CODE 6450–01–P Hoc Emergency Session. Washington DC, 1515 Rhode Island 2. Introduction by the Executive Ave., NW., Washington, DC 20005. Director. FOR FURTHER INFORMATION CONTACT: Neil DEPARTMENT OF ENERGY 3. Hurricane Katrina—Update of the Rossmeissl, Designated Federal Officer Situation by the United States. for the Committee, Office of Energy Federal Energy Regulatory 4. Update of the Oil Market Situation. Efficiency and Renewable Energy, U.S. Commission 5. Report of the Industry Advisory Department of Energy, 1000 [IC05–583–001, FERC–583] Board. Independence Avenue, SW., 6. Review of the IEA Initial Response Washington, DC 20585; (202) 586–8668 Commission Information Collection Activities. or Harriet Foster at (202) 586–4541; E- Activities, Proposed Collection; —Review of recent IEA emergency mail: [email protected]. Comment Request; Extension activities. SUPPLEMENTARY INFORMATION: Purpose of September 2, 2005. —Member country updates on the Meeting: To provide advice and AGENCY: implementation of the Initial guidance that promotes research and Federal Energy Regulatory Emergency Response Plan. development leading to the production Commission, DOE. —Recommendations from the SEQ to of biobased industrial products. ACTION: Notice. the IEA Governing Board. Tentative Agenda: Agenda will As provided in section 252(c)(1)(A)(ii) SUMMARY: In compliance with the include discussions on the following: requirements of section 3507 of the of the Energy Policy and Conservation • Recommendations towards Paperwork Reduction Act of 1995, 44 Act (42 U.S.C. 6272(c)(1)(A)(ii)), this updating the Biomass Vision and U.S.C. 3507, the Federal Energy meeting is open only to representatives Roadmap. Regulatory Commission (Commission) of members of the IAB and their • Review of DOE–USDA Biomass has submitted the information counsel; representatives of members of R&D Joint Solicitation status. the SEQ; representatives of the • In addition, the committee will collection described below to the Office Departments of Energy, Justice, and receive an update on current USDA and of Management and Budget (OMB) for State, the Federal Trade Commission, DOE projects. review and extension of this the General Accounting Office, Public Participation: In keeping with information collection requirement. Any Committees of Congress, the IEA, and procedures, members of the public are interested person may file comments the European Commission; and invitees welcome to observe the business of the directly with OMB and should address of the IAB, the SEQ, or the IEA. DOE has Biomass Research and Development a copy of those comments to the determined that the IEA’s scheduling Technical Advisory Committee. To Commission as explained below. The requirements for this Ad Hoc attend the meeting and/or to make oral Commission received no comments in Emergency Session of the SEQ require statements regarding any of the items on response to an earlier Federal Register that the 7-day advance notice required the agenda, you should contact Neil notice of June 15, 2005 (70 FR 34748– by DOE’s regulations at 10 CFR Rossmeissl at 202–586–8668 or the 50) and has made this notation in its 209.32(b) be shortened. Biomass Initiative at 202–586–4541 or submission to OMB. DATES: Comments on the collection of Issued in Washington, DC, September 6, [email protected] (e-mail). You 2005. must make your request for an oral information are due by October 3, 2005. Samuel M. Bradley, statement at least 5 business days before ADDRESSES: Address comments on the Assistant General Counsel for International the meeting. Members of the public will collection of information to the Office of and National Security Programs. be heard in the order in which they sign Management and Budget, Office of [FR Doc. 05–18017 Filed 9–7–05; 12:29 pm] up at the beginning of the meeting. Information and Regulatory Affairs, Reasonable provision will be made to Attention: Federal Energy Regulatory BILLING CODE 6450–01–P include the scheduled oral statements Commission Desk Officer. Comments to on the agenda. The Chair of the OMB should be filed electronically, c/o _ DEPARTMENT OF ENERGY Committee will make every effort to oira [email protected] and hear the views of all interested parties. include the OMB Control No. as a point Office of Energy Efficiency and If you would like to file a written of reference. The Desk Officer may be Renewable Energy statement with the Committee, you may reached by telephone at 202–395–4650. do so either before or after the meeting. A copy of the comments should also be Biomass Research and Development The Chair will conduct the meeting to sent to the Federal Energy Regulatory Technical Advisory Committee facilitate the orderly conduct of Commission, Office of the Executive AGENCY: Department of Energy. business. Director, ED–33, Attention: Michael Minutes: The minutes of the meeting Miller, 888 First Street, NE., ACTION: Notice of open meeting. will be available for public review and Washington, DC 20426. Comments may

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be filed either in paper format or Omnibus Budget Reconciliation Act of Regulatory Commission (Commission) electronically. Those persons filing 1986 (OBRA), 42 U.S.C. 7178. In has submitted the information electronically do not need to make a addition, the Omnibus Budget collection described below to the Office paper filing. For paper filings, such Reconciliation Act of 1986 (OBRA) of Management and Budget (OMB) for comments should be submitted to the authorizes the Commission to ‘‘assess review and extension of this Office of the Secretary, Federal Energy and collect fees and annual charges in information collection requirement. Any Regulatory Commission, 888 First any fiscal year in amounts equal to all interested person may file comments Street, NE., Washington, DC 20426 and of the costs incurred by the Commission directly with OMB and should address should refer to Docket No. IC05–583– in that fiscal year’’. The information a copy of those comments to the 001. collected annually and used to Commission as explained below. The Documents filed electronically via the determine the amounts of the annual Commission received no comments in Internet must be prepared in charges to be assessed licensees for response to an earlier Federal Register WordPerfect, MS Word, Portable reimbursable government administrative notice of June 7, 2005 (70 FR 33141–42) Document Format, or ASCII format. To costs and for the use of government and has made this notation in its file the document, access the dams. The Commission implements submission to OMB. Commission’s Web site at http:// these filing requirements in the Code of DATES: Comments on the collection of www.ferc.gov and click on ‘‘Make an E- Federal Regulations (CFR) under 18 CFR information are due by September 30, Filing,’’ and then follow the instructions part 11. 2005. for each screen. First time users will The Commission is now requesting ADDRESSES: Address comments on the have to establish a user name and that OMB approve and extend the collection of information to the Office of password. The Commission will send an expiration date for an additional three Management and Budget, Office of automatic acknowledgement to the years with no changes to the existing Information and Regulatory Affairs, sender’s e-mail address upon receipt of collection. The information filed with Attention: Federal Energy Regulatory comments. User assistance for electronic the Commission is mandatory. Commission Desk Officer. Comments to filings is available at 202–502–8258 or 5. Respondent Description: The OMB should be filed electronically, c/o by e-mail to [email protected]. Comments respondent universe currently [email protected] and should not be submitted to e-mail comprises 705 companies (on average) include the OMB Control No. as a point address. subject to the Commission’s of reference. The Desk Officer may be All comments may be viewed, printed jurisdiction. reached by telephone at 202–395–4650. or downloaded remotely via the Internet 6. Estimated Burden: 1410 total hours, A copy of the comments should also be through FERC’s homepage using the 705 respondents (average), 1 response sent to the Federal Energy Regulatory ‘‘eLibrary’’ link. Enter the docket per respondent, and 2 hours per Commission, Office of the Executive number excluding the last three digits in response (average). Director, ED–33, Attention: Michael the docket number field to access the 7. Estimated Cost Burden to Miller, 888 First Street, NE, Washington, document. For user assistance, contact respondents: 1410 hours/2080 hours per × DC. 20426. Comments may be filed [email protected] or toll- years $108,558 per year = $ 73,590. either in paper format or electronically. free at (866) 208–3676 or TTY, contact The cost per respondent is equal to Those persons filing electronically do (202) 502–8659. $104. not need to make a paper filing. For FOR FURTHER INFORMATION CONTACT: Statutory Authority: Section 10(e) of the paper filings, such comments should be Michael Miller may be reached by Federal Power Act (FPA), part I, 16 U.S.C. submitted to the Office of the Secretary, telephone at (202) 502–8415, by fax at 803(e), and Section 3401 of the Omnibus Federal Energy Regulatory Commission, (202) 273–0873, and by e-mail at Budget Reconciliation Act of 1986 (OBRA), 888 First Street, NE., Washington, DC [email protected]. 42 U.S.C. 7178. 20426 and should refer to Docket No. SUPPLEMENTARY INFORMATION: Magalie R. Salas, IC05–510–001. Secretary. Documents filed electronically via the Description [FR Doc. E5–4905 Filed 9–8–05; 8:45 am] Internet must be prepared in WordPerfect, MS Word, Portable The information collection submitted BILLING CODE 6717–01–P for OMB review contains the following: Document Format, or ASCII format. To 1. Collection of Information: FERC– file the document, access the 583 ‘‘Annual Kilowatt Generating DEPARTMENT OF ENERGY Commission’s Web site at http:// Report (Annual Charges)’’. www.ferc.gov and click on ‘‘Make an E- 2. Sponsor: Federal Energy Regulatory Federal Energy Regulatory Filing,’’ and then follow the instructions Commission. Commission for each screen. First time users will 3. Control No.: 1902–0136. have to establish a user name and [IC05–510–001, FERC–510] The Commission is now requesting password. The Commission will send an that OMB approve and extend the Commission Information Collection automatic acknowledgement to the expiration date for an additional three Activities, Proposed Collection; sender’s e-mail address upon receipt of years with no changes to the existing Comment Request; Extension comments. User assistance for electronic collection. The information filed with filings is available at 202–502–8258 or the Commission is mandatory. August 31, 2005 by e-mail to [email protected]. Comments 4. Necessity of the Collection of AGENCY: Federal Energy Regulatory should not be submitted to this e-mail Information: Submission of the Commission, DOE. address. information is necessary for the ACTION: Notice. All comments may be viewed, printed Commission to carry out its or downloaded remotely via the Internet responsibilities in implementing the SUMMARY: In compliance with the through FERC’s homepage using the statutory provisions of section 10(e) of requirements of section 3507 of the ‘‘eLibrary’’ link. Enter the docket the Federal Power Act (FPA), part I, 16 Paperwork Reduction Act of 1995, 44 number excluding the last three digits in U.S.C. 803(e), and Section 3401 of the U.S.C. 3507, the Federal Energy the docket number field to access the

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document. For user assistance, contact Commission will issue a notice directly with OMB and should address [email protected] or toll- soliciting comments from the public and a copy of those comments to the free at (866) 208–3676. or for TTY, other agencies and conduct a careful Commission as explained below. The contact (202) 502–8659. review of the prepared application Commission received no comments in FOR FURTHER INFORMATION CONTACT: before issuing an order for Surrender of response to an earlier Federal Register Michael Miller may be reached by a License. The order is the result of an notice of June 3, 2005 (70 FR 32596–97) telephone at (202) 502–8415, by fax at analysis of the information produced, and has made this notation in its (202) 273–0873, and by e-mail at i.e., economic, environmental concerns, submission to OMB. [email protected]. etc., which are examined to determine DATES: Comments on the collection of if the application for surrender is SUPPLEMENTARY INFORMATION: information are due October 3, 2005. warranted. The order implements the ADDRESSES: Address comments on the Description existing regulations and is inclusive for collection of information to the Office of The information collection submitted surrender of all types of hydropower Management and Budget, Office of for OMB review contains the following: licenses issued by FERC and its Information and Regulatory Affairs, 1. Collection of Information: FERC– predecessor, the Federal Power Attention: Federal Energy Regulatory 510 ‘‘Application for Surrender of Commission. The Commission Commission Desk Officer. Comments to Hydropower License’’. implements these mandatory filing OMB should be filed electronically, c/o 2. Sponsor: Federal Energy Regulatory requirements in the Code of Federal [email protected] and Commission. Regulations (CFR) under 18 CRF 6.1– include the OMB Control No. as a point 3. Control No.: 1902–0068. 6.4. of reference. The Desk Officer may be The Commission is now requesting that 5. Respondent Description: The reached by telephone at 202–395–4650. OMB approve and extend the expiration respondent universe currently A copy of the comments should also be date for an additional three years with comprises 8 companies (on average) sent to the Federal Energy Regulatory no changes to the existing collection. subject to the Commission’s Commission, Office of the Executive The information filed with the jurisdiction. Director, ED–33, Attention: Michael Commission is mandatory. 6. Estimated Burden: 80 total hours, 8 Miller, 888 First Street, NE., 4. Necessity of the Collection of respondents (average), 1 response per Washington, DC 20426. Comments may Information: Submission of the respondent, and 10 hours per response be filed either in paper format or information is necessary for the (average). electronically. Those persons filing Commission to carry out its 7. Estimated Cost Burden to electronically do not need to make a responsibilities in implementing the respondents: 80 hours/2080 hours per × paper filing. For paper filings, such Statutory provisions of sections 4(e) and years $108,558 per year = $ 4,175. The comments should be submitted to the 6 and 13 of the Federal Power Act cost per respondent is equal to $522. Office of the Secretary, Federal Energy (FPA), 16 U.S.C. 797(e), 799 and 806. Statutory Authority: Section 4(e), 6, and Regulatory Commission, 888 First The Commission is now requesting that 13 of the Federal Power Act, 16 U.S.C. 797(e) Street, NE., Washington, DC 20426 and OMB approve and extend the expiration 799 and 806. should refer to Docket No. IC05–520– date for an additional three years with Magalie R. Salas, 001. no changes to the existing collection. Documents filed electronically via the Secretary. The information filed with the Internet must be prepared in Commission is mandatory. [FR Doc. E5–4930 Filed 9–8–05; 8:45 am] WordPerfect, MS Word, Portable Section 4(e) gives the Commission BILLING CODE 6717–01–P Document Format, or ASCII format. To authority to issue licenses for the file the document, access the purposes of constructing, operating and DEPARTMENT OF ENERGY Commission’s Web site at http:// maintaining dams, water conduits, www.ferc.gov and click on ‘‘Make an E- reservoirs, powerhouses, transmission Federal Energy Regulatory filing,’’ and then follow the instructions lines or other power project works Commission for each screen. First-time users will necessary or convenient for developing have to establish a user name and and improving navigation, transmission [Docket No. IC05–520–001; FERC–520] password. The Commission will send an automatic acknowledgement to the and utilization of power over which Commission Information Collection sender’s e-mail address upon receipt of Congress has jurisdiction. Section 6 Activities, Proposed Collection; comments. User assistance for electronic gives the Commission the authority to Comment Request; Extension prescribe the conditions of licenses filings is available at (202) 502–8258 or including the revocation or surrender of September 2, 2005. by e-mail to [email protected]. Comments the license. Section 13 defines the AGENCY: Federal Energy Regulatory should not be submitted to the e-mail Commission’s authority to delegate time Commission, DOE. address. All comments may be viewed, printed periods for when a license must be ACTION: Notice. terminated if project construction has or downloaded remotely via the Internet not begun. Surrender of a license may SUMMARY: In compliance with the through FERC’s homepage using the be desired by a licensee when a licensed requirements of section 3506(c)(2)(a) of ‘‘eLibrary’’ link. Enter the docket project is retired or not constructed or the Paperwork Reduction Act of 1995 number excluding the last three digits in natural catastrophes have damaged or (Pub. L. 104–13), the Federal Energy the docket number field to access the destroyed the project facilities. The Regulatory Commission (Commission) document. For user assistance, contact information collected under the has submitted the information [email protected] or toll-free designation FERC–510 is in the form of collection described below to the Office at (866) 208–3676 or for TTY, contact a written application for surrender of a of Management and Budget (OMB) for (202) 502–8659. hydropower license. The information is review and extension of this FOR FURTHER INFORMATION CONTACT: used by Commission staff to determine information collection requirement. Any Michael Miller may be reached by the broad impact of such surrender. The interested person may file comments telephone at (202) 502–8415, by fax at

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(202) 273–0873, and by e-mail at 5. Respondent Description: The This filing is accessible on-line at [email protected]. respondent universe currently http://www.ferc.gov, using the SUPPLEMENTARY INFORMATION: comprises 28 companies (on average) ‘‘eLibrary’’ link and is available for subject to the Commission’s review in the Commission’s Public Description jurisdiction. Reference Room in Washington, DC. The information collection submitted 6. Estimated Burden: 1450 total hours, There is an ‘‘eSubscription’’ link on the for OMB review contains the following: 28 respondents (average), 1 response per Web site that enables subscribers to 1. Collection of Information: FERC– respondent, and 51.8 hours per response receive e-mail notification when a 520 ‘‘Application for Authority to Hold (average). document is added to a subscribed Interlocking Directorate Positions.’’ 7. Estimated Cost Burden to docket(s). For assistance with any FERC 2. Sponsor: Federal Energy Regulatory respondents: 1,450 hours/2080 hours Online service, please e-mail Commission. per years x $108,558 per year = $75,677. [email protected], or call 3. Control No.: 1902–0083. The cost per respondent is equal to (866) 208–3676 (toll free). For TTY, call The Commission is now requesting $2,703. (202) 502–8659. that OMB approve and extend the Statutory Authority: Section 305(b) of the Magalie R. Salas, expiration date for an additional three Federal Power Act (FPA) (16 U.S.C. 825d). Secretary. years with no changes to the existing Magalie R. Salas, [FR Doc. E5–4909 Filed 9–8–05; 8:45 am] collection. The information filed with BILLING CODE 6717–01–P the Commission is mandatory. Secretary. 4. Necessity of the Collection [FR Doc. E5–4904 Filed 9–8–05; 8:45 am] Information: Submission of the BILLING CODE 6717–01–P DEPARTMENT OF ENERGY information is necessary for the Commission to carry out its Federal Energy Regulatory responsibilities in implementing the DEPARTMENT OF ENERGY Commission statutory provision of Section 305(b) of Federal Energy Regulatory ANR Storage Company; Notice of the Federal Power Act (FPA) (16 U.S.C. Commission 825d). The Commission implements Compliance Filing these filing requirements in the Code of [Docket No. RP05–465–001] September 2, 2005. Federal Regulations (CFR) under 18 CFR Take notice that, on August 26, 2005, part 45. Section 305(b) makes the ANR Pipeline Company; Notice of ANR Storage Company (ANR Storage) holding of certain defined interlocking Compliance Filing submitted a compliance filing pursuant corporate positions unlawful unless the to the Federal Energy Regulatory Commission has authorized the September 2, 2005. Commission’s Letter Order issued interlocks to the held and, requires the Take notice that on August 26, 2005, August 12, 2005, in Docket Nos. RM96– applicant to show in a form and manner ANR Pipeline Company (ANR) 1–026 and RP05–464. as prescribed by the Commission, that submitted a compliance filing pursuant ANR Storage states that copies of the neither public nor private interests will to the Federal Energy Regulatory filing were served on parties on the be adversely affected by the holding of Commission’s Letter Order issued official service list in the above- the position. August 12, 2005, in Docket Nos. RM96– captioned proceeding. Under part 45, each person that 1–026 and RP05–465. Any person desiring to protest this desires to hold interlocking positions ANR states that copies of the filing filing must file in accordance with Rule must submit an application to the were served on parties on the official 211 of the Commission’s Rules of Commission for authorization, or if service list. Practice and Procedure (18 CFR qualified, comply with the requirements Any person desiring to protest this 385.211). Protests to this filing will be for automatic authorization. The filing must file in accordance with Rule considered by the Commission in interlocking positions application 211 of the Commission’s Rules of determining the appropriate action to be requirements are set forth in Section Practice and Procedure (18 CFR taken, but will not serve to make 45.8; automatic authorization 385.211). Protests to this filing will be protestants parties to the proceeding. requirements are set forth in Section considered by the Commission in Such protests must be filed in 45.9. In addition, a person already determining the appropriate action to be accordance with the provisions of holding an existing authorized taken, but will not serve to make Section 154.210 of the Commission’s interlocking position, must apply for protestants parties to the proceeding. regulations (18 CFR 154.210). Anyone separate authorization under Section Such protests must be filed in filing a protest must serve a copy of that 45.4(a) when appointed to a new accordance with the provisions of document on all the parties to the position within the same company. The Section 154.210 of the Commission’s proceeding. information required under Part 45 regulations (18 CFR 154.210). Anyone The Commission encourages generally identifies the applicant, filing a protest must serve a copy of that electronic submission of protests in lieu describes the various interlocking document on all the parties to the of paper using the ‘‘eFiling’’ link at positions the applicant seeks proceeding. http://www.ferc.gov. Persons unable to authorization to hold, provides The Commission encourages file electronically should submit an information on the applicant’s financial electronic submission of protests in lieu original and 14 copies of the protest to interests, other officers and directors of of paper using the ‘‘eFiling’’ link at the Federal Energy Regulatory the firms involved, and the nature of the http://www.ferc.gov. Persons unable to Commission, 888 First Street, NE., business relationships among the firms. file electronically should submit an Washington, DC 20426. The Commission implements these original and 14 copies of the protest to This filing is accessible on-line at filings requirements in the Code of the Federal Energy Regulatory http://www.ferc.gov, using the Federal Regulations (CFR) under 18 CFR Commission, 888 First Street, NE., ‘‘eLibrary’’ link and is available for part 45. Washington, DC 20426. review in the Commission’s Public

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Reference Room in Washington, DC. receive e-mail notification when a Annual Charges. The proposed effective There is an ‘‘eSubscription’’ link on the document is added to a subscribed date of the tariff sheets is October 1, Web site that enables subscribers to docket(s). For assistance with any FERC 2005. receive e-mail notification when a Online service, please e-mail The above-referenced pipelines state document is added to a subscribed [email protected], or call that the purpose of their filings is to docket(s). For assistance with any FERC (866) 208–3676 (toll free). For TTY, call reflect the revised ACA effective for the Online service, please e-mail (202) 502–8659. twelve-month period beginning October [email protected], or call 1, 2005. The pipelines further state that Magalie R. Salas, (866) 208–3676 (toll free). For TTY, call their tariff sheets reflect a decrease of (202) 502–8659. Secretary. $0.0001 per Dth in the ACA adjustment [FR Doc. E5–4910 Filed 9–8–05; 8:45 am] surcharge, resulting in a new ACA rate Magalie R. Salas, BILLING CODE 6717–01–P of $0.0018 Dth as specified by the Secretary. Commission in its invoice dated June [FR Doc. E5–4908 Filed 9–8–05; 8:45 am] 30, 2005, for the Annual Charge BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Billing—Fiscal year 2005. Due to the large number of pipelines Federal Energy Regulatory that have filed to comply with the DEPARTMENT OF ENERGY Commission Annual Charge Adjustment Billing, the [RP05–544–000 et al.] Commission is issuing this single notice Federal Energy Regulatory of the filings. The filings issued are Commission CenterPoint Energy—Mississippi River received are reflected in the caption of [Docket No. RP05–482–001] Transmission Corporation et al., Notice this notice. of Proposed Changes in FERC Gas Any person desiring to become part in Blue Lake Gas Storage Company; Tariff any of the listed dockets must file a Notice of Compliance Filing separate motion to intervene in each September 2, 2005. docket for which they wish party status. September 2, 2005. In the matter of: RP05–570–000, RP05– Any person desiring to intervene or to Take notice that, on August 26, 2005, 575–000, RP05–548–000, RP05–576–000, protest this filing must file in Blue Lake Gas Storage Company (Blue RP05–541–000, RP05–539–000, RP05–540– accordance with Rules 211 and 214 of Lake), submitted a compliance filing 000, RP05–542–000, RP05–563–000, RP05– the Commission’s Rules of Practice and pursuant to the Federal Energy 547–000, RP05–554–000, RP05–568–000, Procedure (18 CFR 385.211 and Regulatory Commission’s Letter Order RP05–562–000, RP05–538–000, RP05–577– 385.214). Protests will be considered by issued August 12, 2005, in Docket Nos. 000, RP05–545–000, RP05–558–000, RP05– the Commission in determining the RM96–1–026 and RP05–482. 569–000, RP05–557–000, RP05–551–000, RP05–555–000, RP05–571–000, RP05–592– appropriate action to be taken, but will Blue Lake states that copies of the 000, RP05–572–000, RP05–543–000, RP05– not serve to make protestants parties to filing were served on parties on the 556–000, RP05–561–000, RP05–578–000, the proceeding. Any person wishing to official service list. RP05–579–000: Chandeuleur Pipe Line become a party must file a notice of Any person desiring to protest this Company, Colorado Interstate Gas Company, intervention or motion to intervene, as filing must file in accordance with Rule Eastern Shore Natural Gas Company, El Paso appropriate. Such notices, motions, or 211 of the Commission’s Rules of Natural Gas Company, Enbridge Pipelines protests must be filed on or before the Practice and Procedure (18 CFR (AlaTenn) L.L.C., Enbridge Pipelines (KPC), date as indicated below. Anyone filing 385.211). Protests to this filing will be Enbridge Pipelines (Midla) L.L.C., Garden an intervention or protest must serve a considered by the Commission in Banks Gas Pipeline, L.L.C., Guardian Pipeline, L.L.C., Kern River Gas copy of that document on the Applicant. determining the appropriate action to be Transmission Company, Kinder Morgan Anyone filing an intervention or protest taken, but will not serve to make Interstate Gas Transmission LLC, KO on or before the intervention or protest protestants parties to the proceeding. Transmission Company, Midwestern Gas date need not serve motions to intervene Such protests must be filed in Transmission Company, Mississippi Canyon or protests on persons other than the accordance with the provisions of Gas Pipeline, LLC, Mojave Pipeline Applicant. Section 154.210 of the Commission’s Company, Nautilus Pipeline Company, The Commission encourages regulations (18 CFR 154.210). Anyone L.L.C., Northeast Pipeline Corporation, Ozark electronic submission of protests and filing a protest must serve a copy of that Gas Transmission, L.L.C., Panther Interstate interventions in lieu of paper using the document on all the parties to the Pipeline Energy, LLC., Questar Pipeline ‘‘eFiling’’ link at http://www.ferc.gov. Company, Questar Southern Trails Pipeline proceeding. Company, Sabine Pipe Line LLC, SCG Persons unable to file electronically The Commission encourages Pipeline, Inc., Southern Star Central Gas should submit an original and 14 copies electronic submission of protests in lieu Pipeline, Inc., Stingray Pipeline Company, of the protest or intervention to the of paper using the ‘‘eFiling’’ link at L.L.C., TransColorado Gas Transmission Federal Energy Regulatory Commission, http://www.ferc.gov. Persons unable to Company, Viking Gas Transmission 888 First Street, NE., Washington, DC file electronically should submit an Company, Wyoming Interstate Company, 20426. original and 14 copies of the protest to Ltd., Young Gas Storage Company, Ltd.: This filing is accessible online at the Federal Energy Regulatory Notice of Proposed Changes in FERC Gas http://www.ferc.gov, using the Commission, 888 First Street, NE., Tariff. ‘‘eLibrary’’ link and is available for Washington, DC 20426. Take notice that the above-referenced review in the Commission’s Public This filing is accessible on-line at pipelines tendered for filing their tariff Reference Room in Washington, DC. http://www.ferc.gov, using the sheets respectively, pursuant to section There is an ‘‘eSubscription’’ link on the ‘‘eLibrary’’ link and is available for 154.402 of the Commission’s Web site that enables subscribers to review in the Commission’s Public regulations, to reflect the Commission’s receive email notification when a Reference Room in Washington, DC. change in the unit rate for the Annual document is added to a subscribed There is an ‘‘eSubscription’’ link on the Charge Adjustment (ACA) surcharge to docket(s). For assistance with any FERC web site that enables subscribers to be applied to rates for recovery of 2005 Online service, please e-mail

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[email protected], or call receive e-mail notification when a Online service, please e-mail (866) 208–3676 (toll free). For TTY, call document is added to a subscribed [email protected], or call (202) 502–8659. docket(s). For assistance with any FERC (866) 208–3676 (toll free). For TTY, call Comment Date: 5 p.m. Eastern Time Online service, please e-mail (202) 502–8659. September 13, 2005. [email protected], or call Magalie R. Salas, (866) 208-3676 (toll free). For TTY, call Magalie R. Salas, (202) 502-8659. Secretary. Secretary. [FR Doc. E5–4906 Filed 9–8–05; 8:45 am] [FR Doc. E5–4911 Filed 9–8–05; 8:45 am] Magalie R. Salas, BILLING CODE 6717–01–P BILLING CODE 6717–01–P Secretary. [FR Doc. E5–4925 Filed 9–8–05; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY Federal Energy Regulatory Federal Energy Regulatory DEPARTMENT OF ENERGY Commission Commission [Docket No. RP05–453–001] [Docket No. RP05–488–001] Federal Energy Regulatory Commission Garden Banks Gas Pipeline, LLC; Clear Creek Storage Company, L.L.C.; [Docket No. RP05–422–001] Notice of Proposed Changes in FERC Notice of Tariff Filing Gas Tariff El Paso Natural Gas Company; Notice September 2, 2005. August 31, 2005. of Filing Take notice that on August 25, 2005, Take notice that on August 26, 2005, Clear Creek Storage Company, L.L.C. September 2, 2005. Garden Banks Gas Pipeline, LLC (Clear Creek), in compliance with the Take notice that, on August 25, 2005, (Garden Banks) tendered for filing as Commission’s August 10, 2005, Letter El Paso Natural Gas Company (EPNG) part of its FERC Gas Tariff, Original Order in Docket No. RP05–488–000, (the filed a substitute Second Revised Sheet Volume No. 1, the following tariff sheets August 10 order), tendered for filing and No. 27A. EPNG requests an effective to become effective September 1, 2005: acceptance to be effective September 1, date of January 1, 2006. In particular, Tenth Revised Sheet No. 136 and 2005, Substitute Original Sheet No. 49A EPNG states that it discovered a minor Fourth Revised Sheet No. 137 and Substitute Third Revised Sheet No. error on Sheet No. 27A and is Garden Banks states that the above- 77A to Original Volume No. 1 of its submitting a substitute Second Revised referenced tariff sheets are being filed in FERC Gas Tariff. Sheet No. 27A to reflect the intended compliance with Commission’s Letter Clear Creek states that a copy of this minimum daily rate of $0.0000. Order issued August 12, 2005 in Docket filing has been served upon its Any person desiring to protest this No. RP05–453–000. customers and the Public Service filing must file in accordance with Rule Any person desiring to protest this Commission of Wyoming. 211 of the Commission’s Rules of filing must file in accordance with Rule Any person desiring to protest this Practice and Procedure (18 CFR 211 of the Commission’s Rules of filing must file in accordance with Rule 385.211). Protests to this filing will be Practice and Procedure (18 CFR 211 of the Commission’s Rules of considered by the Commission in 385.211). Protests to this filing will be Practice and Procedure (18 CFR determining the appropriate action to be considered by the Commission in 385.211). Protests to this filing will be taken, but will not serve to make determining the appropriate action to be considered by the Commission in protestants parties to the proceeding. taken, but will not serve to make determining the appropriate action to be Such protests must be filed in protestants parties to the proceeding. taken, but will not serve to make accordance with the provisions of Such protests must be filed in protestants parties to the proceeding. Section 154.210 of the Commission’s accordance with the provisions of Such protests must be filed in regulations (18 CFR 154.210). Anyone Section 154.210 of the Commission’s accordance with the provisions of filing a protest must serve a copy of that regulations (18 CFR 154.210). Anyone section 154.210 of the Commission’s document on all the parties to the filing a protest must serve a copy of that regulations (18 CFR 154.210). Anyone proceeding. document on all the parties to the filing a protest must serve a copy of that The Commission encourages proceeding. document on all the parties to the electronic submission of protests in lieu The Commission encourages proceeding. of paper using the ‘‘eFiling’’ link at electronic submission of protests in lieu The Commission encourages http://www.ferc.gov. Persons unable to of paper using the ‘‘eFiling’’ link at electronic submission of protests in lieu file electronically should submit an http://www.ferc.gov. Persons unable to of paper using the ‘‘eFiling’’ link at original and 14 copies of the protest to file electronically should submit an http://www.ferc.gov. Persons unable to the Federal Energy Regulatory original and 14 copies of the protest to file electronically should submit an Commission, 888 First Street, NE., the Federal Energy Regulatory original and 14 copies of the protest to Washington, DC 20426. Commission, 888 First Street, NE., the Federal Energy Regulatory This filing is accessible on-line at Washington, DC 20426. Commission, 888 First Street, NE., http://www.ferc.gov, using the This filing is accessible on-line at Washington, DC 20426. ‘‘eLibrary’’ link and is available for http://www.ferc.gov, using the This filing is accessible on-line at review in the Commission’s Public ‘‘eLibrary’’ link and is available for http://www.ferc.gov, using the Reference Room in Washington, DC. review in the Commission’s Public ‘‘eLibrary’’ link and is available for There is an ‘‘eSubscription’’ link on the Reference Room in Washington, DC. review in the Commission’s Public Web site that enables subscribers to There is an ‘‘eSubscription’’ link on the Reference Room in Washington, DC. receive e-mail notification when a Web site that enables subscribers to There is an ‘‘eSubscription’’ link on the document is added to a subscribed receive e-mail notification when a Web site that enables subscribers to docket(s). For assistance with any FERC document is added to a subscribed

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docket(s). For assistance with any FERC 888 First Street, NE., Washington, DC of paper using the ‘‘eFiling’’ link at Online service, please e-mail 20426. http://www.ferc.gov. Persons unable to [email protected], or call This filing is accessible on-line at file electronically should submit an (866) 208–3676 (toll free). For TTY, call http://www.ferc.gov, using the original and 14 copies of the protest to (202) 502–8659. ‘‘eLibrary’’ link and is available for the Federal Energy Regulatory review in the Commission’s Public Commission, 888 First Street, NE., Magalie R. Salas, Reference Room in Washington, DC. Washington, DC 20426. Secretary. There is an ‘‘eSubscription’’ link on the This filing is accessible on-line at [FR Doc. E5–4907 Filed 9–8–05; 8:45 am] Web site that enables subscribers to http://www.ferc.gov, using the BILLING CODE 6717–01–P receive e-mail notification when a ‘‘eLibrary’’ link and is available for document is added to a subscribed review in the Commission’s Public docket(s). For assistance with any FERC Reference Room in Washington, DC. DEPARTMENT OF ENERGY Online service, please e-mail There is an ‘‘eSubscription’’ link on the Federal Energy Regulatory [email protected], or call Web site that enables subscribers to Commission (866) 208–3676 (toll free). For TTY, call receive e-mail notification when a (202) 502–8659. document is added to a subscribed docket(s). For assistance with any FERC [Docket No. RP05–581–000] Magalie R. Salas, Online service, please e-mail Guardian Pipeline, LLC; Notice of Secretary. [email protected], or call Proposed Changes in FERC Gas Tariff [FR Doc. E5–4912 Filed 9–8–05; 8:45 am] (866) 208–3676 (toll free). For TTY, call BILLING CODE 6717–01–P (202) 502–8659. September 2, 2005. Comment Date: 5 p.m. Eastern Time Take notice that on August 26, 2005, September 8, 2005. Guardian Pipeline, LLC (Guardian) DEPARTMENT OF ENERGY tendered for filing to become part of Magalie R. Salas, Guardian’s FERC Gas Tariff, Original Federal Energy Regulatory Secretary. Volume No. 1, the following tariff sheets Commission [FR Doc. E5–4917 Filed 9–8–05; 8:45 am] to become effective September 26, 2005: [Docket No. RP05–468–000] BILLING CODE 6717–01–P Fifth Revised Sheet No. 103 Third Revised Sheet No. 153 Iroquois Gas Transmission System, L.P.; Notice of Filing of Request for DEPARTMENT OF ENERGY Guardian states that this filing is Extension of Time being made to amend its tariff to change Federal Energy Regulatory excess quantity penalty from a two September 1, 2005. Commission tiered fixed/index based price to a Take notice that on August 25, 2005, [Docket No. EL05–129–000] single formula based on a daily index Iroquois Gas Transmission System, L.P. price. (Iroquois) filed a motion for an Lockhart Power Company; Notice of Any person desiring to intervene or to extension of time to place tariff sheets Filing protest this filing must file in into effect which were conditionally accordance with Rules 211 and 214 of accepted by an unpublished delegated September 1, 2005. the Commission’s Rules of Practice and letter order issued August 18, 2005. Take notice that on August 12, 2005, Procedure (18 CFR 385.211 and Iroquois requests that the tariff sheets Lockhart Power Company (Lockhart) 385.214). Protests will be considered by become effective November 1, 2005 in requested a waiver from the the Commission in determining the lieu of September 1, 2005. Iroquois requirements of the Commission’s appropriate action to be taken, but will states that it requires additional time to regulations regarding the adoption of not serve to make protestants parties to make modifications to its systems that the standard generator interconnection the proceeding. Any person wishing to are necessary for the implementation of agreement and procedures promulgated become a party must file a notice of Order No. 587–S requirements. Iroquois in Order No. 2003–C 111 FERC ¶ 61,401 intervention or motion to intervene, as states that because of the complexity of (2005). appropriate. Such notices, motions, or the changes, limited number of Any person desiring to intervene or to protests must be filed in accordance experienced technical personnel and protest this filing must file in with the provisions of Section 154.210 lack of availability of key employees, accordance with Rules 211 and 214 of of the Commission’s regulations (18 CFR additional time is needed. the Commission’s Rules of Practice and 154.210). Anyone filing an intervention Any person desiring to protest the Procedure (18 CFR 385.211, 385.214). or protest must serve a copy of that requested extension must file in Protests will be considered by the document on the Applicant. Anyone accordance with Rule 211 of the Commission in determining the filing an intervention or protest on or Commission’s Rules of Practice and appropriate action to be taken, but will before the intervention or protest date Procedure (18 CFR 385.211). Protests to not serve to make protestants parties to need not serve motions to intervene or this filing will be considered by the the proceeding. Any person wishing to protests on persons other than the Commission in determining the become a party must file a notice of Applicant. appropriate action to be taken, but will intervention or motion to intervene, as The Commission encourages not serve to make protestants parties to appropriate. Such notices, motions, or electronic submission of protests and the proceeding. Such protests must be protests must be filed on or before the interventions in lieu of paper using the filed on or before the date as indicated comment date. Anyone filing a motion ‘‘eFiling’’ link at http://www.ferc.gov. below. Anyone filing a protest must to intervene or protest must serve a copy Persons unable to file electronically serve a copy of that document on the of that document on the Applicant and should submit an original and 14 copies applicant. all the parties in this proceeding. of the protest or intervention to the The Commission encourages The Commission encourages Federal Energy Regulatory Commission, electronic submission of protests in lieu electronic submission of protests and

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interventions in lieu of paper using the 154.210). Anyone filing an intervention Any person desiring to protest this ‘‘eFiling’’ link at http://www.ferc.gov. or protest must serve a copy of that filing must file in accordance with Rule Persons unable to file electronically document on the Applicant. Anyone 211 of the Commission’s Rules of should submit an original and 14 copies filing an intervention or protest on or Practice and Procedure (18 CFR of the protest or intervention to the before the intervention or protest date 385.211). Protests to this filing will be Federal Energy Regulatory Commission, need not serve motions to intervene or considered by the Commission in 888 First Street, NE., Washington, DC protests on persons other than the determining the appropriate action to be 20426. Applicant. taken, but will not serve to make This filing is accessible on-line at The Commission encourages protestants parties to the proceeding. http://www.ferc.gov, using the electronic submission of protests and Such protests must be filed in ‘‘eLibrary’’ link and is available for interventions in lieu of paper using the accordance with the provisions of review in the Commission’s Public ‘‘eFiling’’ link at http://www.ferc.gov. Section 154.210 of the Commission’s Reference Room in Washington, DC. Persons unable to file electronically regulations (18 CFR 154.210). Anyone There is an ‘‘eSubscription’’ link on the should submit an original and 14 copies filing a protest must serve a copy of that Web site that enables subscribers to of the protest or intervention to the document on all the parties to the receive e-mail notification when a Federal Energy Regulatory Commission, proceeding. document is added to a subscribed 888 First Street, NE., Washington, DC The Commission encourages docket(s). For assistance with any FERC 20426. electronic submission of protests in lieu Online service, please e-mail This filing is accessible on-line at of paper using the ‘‘eFiling’’ link at [email protected], or call http://www.ferc.gov, using the http://www.ferc.gov. Persons unable to (866) 208–3676 (toll free). For TTY, call ‘‘eLibrary’’ link and is available for file electronically should submit an (202) 502–8659. review in the Commission’s Public original and 14 copies of the protest to Comment Date: 5 p.m. Eastern Time Reference Room in Washington, DC. the Federal Energy Regulatory on September 12, 2005. There is an ‘‘eSubscription’’ link on the Commission, 888 First Street, NE., Washington, DC 20426. Magalie R. Salas, web site that enables subscribers to receive e-mail notification when a This filing is accessible on-line at Secretary. document is added to a subscribed http://www.ferc.gov, using the [FR Doc. E5–4918 Filed 9–8–05; 8:45 am] docket(s). For assistance with any FERC ‘‘eLibrary’’ link and is available for BILLING CODE 6717–01–P Online service, please e-mail review in the Commission’s Public [email protected], or call Reference Room in Washington, DC. (866) 208–3676 (toll free). For TTY, call There is an ‘‘eSubscription’’ link on the DEPARTMENT OF ENERGY (202) 502–8659. Web site that enables subscribers to receive e-mail notification when a Federal Energy Regulatory Magalie R. Salas, Commission document is added to a subscribed Secretary. docket(s). For assistance with any FERC [Docket No. RP05–582–000] [FR Doc. E5–4913 Filed 9–8–05; 8:45 am] Online service, please e-mail BILLING CODE 6717–01–P [email protected], or call Maritimes & Northeast Pipeline, L.L.C.; (866) 208–3676 (toll free). For TTY, call Notice of Proposed Changes in FERC (202) 502–8659. Gas Tariff DEPARTMENT OF ENERGY Magalie R. Salas, September 2, 2005. Federal Energy Regulatory Secretary. Take notice that on August 26, 2005, Commission [FR Doc. E5–4915 Filed 9–8–05; 8:45 am] Maritimes & Northeast Pipeline, L.L.C. BILLING CODE 6717–01–P (Maritimes) tendered for filing as part of [Docket No. RP05–485–002] its FERC Gas Tariff, First Revised Volume No. 1, the tariff sheets listed on Paiute Pipeline Company; Notice of DEPARTMENT OF ENERGY Appendix A to the filing, to become Compliance Filing effective September 26, 2005. Federal Energy Regulatory Maritimes states that copies of its September 1, 2005. Commission filing have been served upon all affected Take notice that on August 25, 2005, [Docket No. EL03–55–006] customers of Maritimes and interested Paiute Pipeline Company (Paiute) tendered for filing as part of its FERC state commissions. Potomac Edison Company; Notice of Gas Tariff, Second Revised Volume No. Any person desiring to intervene or to Refund Report protest this filing must file in 1–A, the following tariff sheets, to accordance with Rules 211 and 214 of become effective September 1, 2005: September 2, 2005. the Commission’s Rules of Practice and Substitute Second Revised Sheet No. 56C.1 Take notice that on August 30, 2005, Procedure (18 CFR 385.211 and Substitute Eighth Revised Sheet No. 58B Potomac Edison Company, d/b/a/ 385.214). Protests will be considered by Substitute Ninth Revised Sheet No. 63C Allegheny Power, pursuant to the Order the Commission in determining the Substitute Fifth Revised Sheet No. 89A on Rehearing and Rejecting Refund appropriate action to be taken, but will Substitute Fourth Revised Sheet No. 98B Report, 112 FERC ¶ 61, 020 (2005), not serve to make protestants parties to Substitute Eighth Revised Sheet No. 114 tendered for filing a refund report. the proceeding. Any person wishing to Paiute states that the purpose of its Any person desiring to intervene or to become a party must file a notice of filing is to effectuate changes to the protest this filing must file in intervention or motion to intervene, as general terms and conditions of Paiute’s accordance with Rules 211 and 214 of appropriate. Such notices, motions, or tariff to comply with Order No. 587–S the Commission’s Rules of Practice and protests must be filed in accordance and a letter order issued August 10, Procedure (18 CFR 385.211, 385.214). with the provisions of Section 154.210 2005 in Docket Nos. RP05–485–000 and Protests will be considered by the of the Commission’s regulations (18 CFR RP05–485–001. Commission in determining the

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appropriate action to be taken, but will The refund effective date in Docket There is an ‘‘eSubscription’’ link on the not serve to make protestants parties to No. EL05–124–000, established Web site that enables subscribers to the proceeding. Any person wishing to pursuant to section 206(b) of the FPA, receive e-mail notification when a become a party must file a notice of will be 60 days from the date of document is added to a subscribed intervention or motion to intervene, as publication of this notice in the Federal docket(s). For assistance with any FERC appropriate. Such notices, motions, or Register. Online service, please e-mail protests must be filed on or before the [email protected], or call Magalie R. Salas, comment date. Anyone filing a motion (866) 208–3676 (toll free). For TTY, call to intervene or protest must serve a copy Secretary. (202) 502–8659. [FR Doc. E5–4914 Filed 9–8–05; 8:45 am] of that document on the Applicant and Magalie R. Salas, all the parties in this proceeding. BILLING CODE 6717–01–P Secretary. The Commission encourages electronic submission of protests and [FR Doc. E5–4903 Filed 9–8–05; 8:45 am] interventions in lieu of paper using the DEPARTMENT OF ENERGY BILLING CODE 6717–01–P ‘‘eFiling’’ link at http://www.ferc.gov. Federal Energy Regulatory Persons unable to file electronically Commission DEPARTMENT OF ENERGY should submit an original and 14 copies of the protest or intervention to the [Docket No. RP99–513–038] Federal Energy Regulatory Federal Energy Regulatory Commission, Commission 888 First Street, NE., Washington, DC Questar Pipeline Company; Notice of 20426. Negotiated Rates [Docket No. RP05–504–001] This filing is accessible on-line at September 2, 2005. Steuben Gas Storage Company; Notice http://www.ferc.gov, using the Take notice that on August 25, 2005, of Proposed Change in FERC Gas ‘‘eLibrary’’ link and is available for Questar Pipeline Company (Questar) Tariff review in the Commission’s Public tendered for filing as part of its FERC Reference Room in Washington, DC. Gas Tariff, First Revised Volume No. 1, August 31, 2005. There is an ‘‘eSubscription’’ link on the Thirty-Eighth Revised Sheet No. 7 and Take notice that on August 24, 2005, web site that enables subscribers to Tenth Revised Sheet No. 7A with an Steuben Gas Storage Company (Steuben) receive e-mail notification when a effective date of September 1, 2005. tendered for filing as part of its FERC document is added to a subscribed Questar states that this filing Gas Tariff, Original Volume 1, two tariff docket(s). For assistance with any FERC proposed to add three new negotiated- sheets to be effective September 1, 2005. Online service, please e-mail rate contracts. The revised tariff sheets are designated [email protected], or call Questar states that a copy of this filing as: (866) 208–3676 (toll free). For TTY, call has been served upon all parties to this Third Sub Tenth Revised Sheet No. 154 (202) 502–8659. proceeding, its customers, the Public Original Sheet No. 154(A) Comment Date: 5 p.m. eastern time on Service Commission of Utah and the Steuben states that copies of the filing September 20, 2005. Public Service Commission of are being mailed to Steuben’s Linda Mitry, Wyoming. jurisdictional customers and interested Deputy Secretary. Any person desiring to protest this state regulatory agencies. filing must file in accordance with Rule [FR Doc. E5–4895 Filed 9–8–05; 8:45 am] Any person desiring to protest this 211 of the Commission’s Rules of filing must file in accordance with Rule BILLING CODE 6717–01–P Practice and Procedure (18 CFR 211 of the Commission’s Rules of 385.211). Protests to this filing will be Practice and Procedure (18 CFR DEPARTMENT OF ENERGY considered by the Commission in 385.211). Protests to this filing will be determining the appropriate action to be considered by the Commission in Federal Energy Regulatory taken, but will not serve to make determining the appropriate action to be Commission protestants parties to the proceeding. taken, but will not serve to make Such protests must be filed in protestants parties to the proceeding. [Docket No. EL05–124–000] accordance with the provisions of Such protests must be filed in Section 154.210 of the Commission’s accordance with the provisions of PPL Montana, LLC; PPL Colstrip I, regulations (18 CFR 154.210). Anyone § 154.210 of the Commission’s LLC; and PPL Colstrip II, LLC; Notice filing a protest must serve a copy of that regulations (18 CFR 154.210). Anyone of Institution of Proceeding and document on all the parties to the filing a protest must serve a copy of that Refund Effective Date proceeding. document on all the parties to the The Commission encourages proceeding. September 2, 2005. electronic submission of protests in lieu The Commission encourages On September 1, 2005, the of paper using the ‘‘eFiling’’ link at electronic submission of protests in lieu Commission issued an order that http://www.ferc.gov. Persons unable to of paper using the ‘‘eFiling’’ link at instituted a proceeding in Docket No. file electronically should submit an http://www.ferc.gov. Persons unable to EL05–124–000, pursuant to section 206 original and 14 copies of the protest to file electronically should submit an of the Federal Power Act (FPA), 16 the Federal Energy Regulatory original and 14 copies of the protest to U.S.C. 824e, concerning the justness and Commission, 888 First Street, NE., the Federal Energy Regulatory reasonableness of PPL Montana, LLC’s, Washington, DC 20426. Commission, 888 First Street, NE., PPL Colstrip I, LLC’s and PPL Colstrip This filing is accessible on-line at Washington, DC 20426. II, LLC’s market-based rates in the http://www.ferc.gov, using the This filing is accessible on-line at Northwestern control area. PPL ‘‘eLibrary’’ link and is available for http://www.ferc.gov, using the Montana, LLC, et al., 112 FERC ¶ 61,237 review in the Commission’s Public ‘‘eLibrary’’ link and is available for (2005). Reference Room in Washington, DC. review in the Commission’s Public

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Reference Room in Washington, DC. Federal Energy Regulatory Commission, This filing is accessible on-line at There is an ‘‘eSubscription’’ link on the 888 First Street, NE., Washington, DC http://www.ferc.gov, using the Web site that enables subscribers to 20426. ‘‘eLibrary’’ link and is available for receive e-mail notification when a This filing is accessible on-line at review in the Commission’s Public document is added to a subscribed http://www.ferc.gov, using the Reference Room in Washington, DC. docket(s). For assistance with any FERC ‘‘eLibrary’’ link and is available for There is an ‘‘eSubscription’’ link on the Online service, please e-mail review in the Commission’s Public Web site that enables subscribers to [email protected], or call Reference Room in Washington, DC. receive e-mail notification when a (866) 208-3676 (toll free). For TTY, call There is an ‘‘eSubscription’’ link on the document is added to a subscribed (202) 502-8659. Web site that enables subscribers to docket(s). For assistance with any FERC receive e-mail notification when a Online service, please e-mail Magalie R. Salas, document is added to a subscribed [email protected], or call Secretary. docket(s). For assistance with any FERC (866) 208–3676 (toll free). For TTY, call [FR Doc. E5–4929 Filed 9–8–05; 8:45 am] Online service, please e-mail (202) 502–8659. BILLING CODE 6717–01–P [email protected], or call (866) 208–3676 (toll free). For TTY, call Magalie R. Salas, (202) 502–8659. Secretary. DEPARTMENT OF ENERGY [FR Doc. E5–4924 Filed 9–8–05; 8:45 am] Magalie R. Salas, BILLING CODE 6717–01–P Federal Energy Regulatory Secretary. Commission [FR Doc. E5–4922 Filed 9–8–05; 8:45 am] [Docket No. RP05–580–000] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY

Williston Basin Interstate Pipeline Federal Energy Regulatory Company Notice of Annual Report of DEPARTMENT OF ENERGY Commission Penalty Revenue Credits [Docket No. EL05–146–000] Federal Energy Regulatory August 31, 2005. Commission Independent Energy Producers Take notice that on August 26, 2005, [Docket No. RP05–451–001] Association, Complainant; v. California Williston Basin Interstate Pipeline Independent System Operator Company (Williston Basin), PO Box Young Gas Storage Company, Ltd.; Corporation, Respondent; Notice of 5601, Bismarck, North Dakota 58506– Notice of Compliance Filing Complaint 5601, pursuant to § 154.502 of the Commission’s Regulations, tendered for August 31, 2005. September 2, 2005. filing its ‘‘Annual Report of Penalty Take notice that, on August 25, 2005, Take notice that on August 26, 2005, Revenue Credits’’ covering such activity Young Gas Storage Company, Ltd. the Independent Energy Producers during the twelve month period ended (‘‘Young’’) submitted a compliance Association (IEP) pursuant to section June 30, 2005. filing pursuant to Commission Letter 206 of the Commission’s Rules of Any person desiring to intervene or to Order dated August 10, 2005, Docket Practice and Procedure, 18 CFR 385.206, protest this filing must file in No. RP05–451–000. filed a Complaint against the California accordance with Rules 211 and 214 of Young states that copies of the filing Independent System Operator the Commission’s Rules of Practice and were served on parties on the official Corporation (CAISO) in which it Procedure (18 CFR 385.211 and service list in the above-captioned requests that the Commission issue an 385.214). Protests will be considered by proceeding. order directing the CAISO to eliminate the Commission in determining the Any person desiring to protest this the Must-Offer Obligation upon appropriate action to be taken, but will filing must file in accordance with Rule implementation of an interim Reliability not serve to make protestants parties to 211 of the Commission’s Rules of Capacity Services Tariff. the proceeding. Any person wishing to Practice and Procedure (18 CFR Any person desiring to intervene or to become a party must file a notice of 385.211). Protests to this filing will be protest this filing must file in intervention or motion to intervene, as considered by the Commission in accordance with Rules 211 and 214 of appropriate. Such notices, motions, or determining the appropriate action to be the Commission’s Rules of Practice and protests must be filed in accordance taken, but will not serve to make Procedure (18 CFR 385.211 and with the provisions of Section 154.210 protestants parties to the proceeding. 385.214). Protests will be considered by of the Commission’s regulations (18 CFR Such protests must be filed in the Commission in determining the 154.210). Anyone filing an intervention accordance with the provisions of appropriate action to be taken, but will or protest must serve a copy of that Section 154.210 of the Commission’s not serve to make protestants parties to document on the Applicant. Anyone regulations (18 CFR 154.210). Anyone the proceeding. Any person wishing to filing an intervention or protest on or filing a protest must serve a copy of that become a party must file a notice of before the intervention or protest date document on all the parties to the intervention or motion to intervene, as need not serve motions to intervene or proceeding. appropriate. Such notices, motions, or protests on persons other than the The Commission encourages protests must be filed on or before the Applicant. electronic submission of protests in lieu comment date. Anyone filing a motion The Commission encourages of paper using the ‘‘eFiling’’ link at to intervene or protest must serve a copy electronic submission of protests and http://www.ferc.gov. Persons unable to of that document on the Applicant and interventions in lieu of paper using the file electronically should submit an all parties to this proceeding. ‘‘eFiling’’ link at http://www.ferc.gov. original and 14 copies of the protest to The Commission encourages Persons unable to file electronically the Federal Energy Regulatory electronic submission of protests and should submit an original and 14 copies Commission, 888 First Street, NE., interventions in lieu of paper using the of the protest or intervention to the Washington, DC 20426. ‘‘eFiling’’ link at http://www.ferc.gov.

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Persons unable to file electronically not serve to make protestants parties to Description: Southern California should submit an original and 14 copies the proceeding. Any person wishing to Edison Company submits its triennial of the protest or intervention to the become a party must file a notice of market power analysis. Federal Energy Regulatory Commission, intervention or motion to intervene, as Filed Date: 08/29/2005. 888 First Street, NE., Washington, DC appropriate. Respondent’s answer and Accession Number: 20050901–0127. 20426. all interventions, or protests must be Comment Date: 5 p.m. Eastern Time This filing is accessible on-line at filed on or before the comment date. on Monday, September 19, 2005. http://www.ferc.gov, using the The Respondent’s answer, motions to Docket Numbers: ER03–563–052; ‘‘eLibrary’’ link and is available for intervene, and protests must be served EL04–102–010. review in the Commission’s Public on the Complainants. Applicants: Devon Power LLC. Reference Room in Washington, DC. The Commission encourages Description: Fifth Compliance Report There is an ‘‘eSubscription’’ link on the electronic submission of protests and of ISO New England, Inc. submitted in Web site that enables subscribers to interventions in lieu of paper using the compliance with the Commission’s receive e-mail notification when a ‘‘eFiling’’ link at http://www.ferc.gov. order issued June 2, 2004, Devon Power document is added to a subscribed Persons unable to file electronically LLC, et al., 107 FERC ¶ 61,240 (2004). docket(s). For assistance with any FERC should submit an original and 14 copies Filed Date: 08/29/2005. Online service, please e-mail of the protest or intervention to the Accession Number: 20050829–5067. [email protected], or call Federal Energy Regulatory Commission, Comment Date: 5 p.m. Eastern Time (866) 208–3676 (toll free). For TTY, call 888 First Street, NE., Washington, DC on Monday, September 19, 2005. (202) 502–8659. 20426. Docket Numbers: ER05–31–004; Comment Date: 5 p.m. eastern time on This filing is accessible online at EL05–70–005. September 16, 2005. http://www.ferc.gov, using the Applicants: American Electric Power Linda Mitry, ‘‘eLibrary’’ link and is available for Service Corporation. review in the Commission’s Public Description: American Electric Power Deputy Secretary. Reference Room in Washington, DC. Service Corporation, agent for its [FR Doc. E5–4896 Filed 9–8–05; 8:45 am] There is an ‘‘eSubscription’’ link on the affiliate Indiana Michigan Power BILLING CODE 6717–01–P web site that enables subscribers to Company (I&M), submits a revised receive e-mail notification when a utility-to-utility interconnection document is added to a subscribed agreement between I&M and Northern DEPARTMENT OF ENERGY docket(s). For assistance with any FERC Indiana Public Service Company in Federal Energy Regulatory Online service, please e-mail compliance with the Commission’s Commission [email protected], or call Order issued 7/26/05, 112 FERC (866) 208–3676 (toll free). For TTY, call ¶ 61,128 (2005). [Docket No. EL05–147–000] (202) 502–8659. Filed Date: 08/26/2005 Comment Date: 5 p.m. eastern time on Accession Number: 20050831–0053. Milford Power Company, LLC v. ISO September 20, 2005. Comment Date: 5 p.m. Eastern Time New England, Inc.; Notice of Complaint on Friday, September 16, 2005. Linda Mitry, September 1, 2005. Docket Numbers: ER05–191–002. Deputy Secretary. Take notice that on August 31, 2005, Applicants: Perryville Energy [FR Doc. E5–4897 Filed 9–8–05; 8:45 am] Milford Power Company, LLC (Milford) Partners, L.L.C. filed a formal complaint against ISO BILLING CODE 6717–01–P Description: Perryville Energy New England, Inc. (ISO–NE) pursuant to Partners, L.L.C. submits First Revised Sheet No. 22 of its FERC Electric Tariff, section 206 of the Federal Power Act, DEPARTMENT OF ENERGY alleging that ISO–NE’s implementation Original Volume No. 2, in compliance of the Reliability Must Run Agreement Federal Energy Regulatory with the Commission’s order issued between ISO–NE and Milford is Commission 8/2/05, 112 FERC ¶ 61,161 (2005). inconsistent with the terms of the Filed Date: 08/26/2005. agreement and results in Milford’s Combined Notice of Filings #1 Accession Number: 20050829–0010. failure to recover its full cost-of-service Comment Date: 5 p.m. Eastern Time rate in an hour even though the Milford September 2, 2005. on Friday, September 16, 2005. units were fully available in that hour. Take notice that the Commission Docket Numbers: ER05–667–002. Milford requests that the Commission received the following electric rate Applicants: Midwest Independent direct ISO–NE to make a billing filings: Transmission System Operator, Inc. adjustment to recalculate the payments Docket Numbers: ER01–388–003. Description: Midwest Independent due to Milford to factor in ambient air Applicants: WFEC GENCO, L.L.C. Transmission System Operator, Inc.’s temperatures. Description: WFEC GENCO, L.L.C. response to the Commission’s letter Milford states that copies of the submits an amendment to its 3/24/05 order issued 4/28/05 in Docket No. complaint were served on the contacts filing in Docket No. ER01–388–003 of a ER05–667–000 which requested for ISO–NE as listed on the revised updated market power analysis additional information regarding the Commission’s list of Corporate Officials. proposed mitigation measure, and Large Generator Interconnection Any person desiring to intervene or to corresponding tariff sheet revisions. Agreement among Midwest ISO, protest this filing must file in Filed Date: 08/26/2005. Montana-Dakota Utilities Company and accordance with Rules 211 and 214 of Accession Number: 20050830–0076. Dakota Wind Harvest, Inc. the Commission’s Rules of Practice and Comment Date: 5 p.m. Eastern Time Filed Date: 08/29/2005. Procedure (18 CFR 385.211, 385.214). on Friday, September 16, 2005. Accession Number: 20050831–0013. Protests will be considered by the Docket Numbers: ER02–2263–004. Comment Date: 5 p.m. Eastern Time Commission in determining the Applicants: Southern California on Monday, September 19, 2005. appropriate action to be taken, but will Edison Company. Docket Numbers: ER05–752–002.

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Applicants: Midwest Independent Description: Midwest Independent Any person desiring to intervene or to Transmission System Operator, Inc. and Transmission System Operator, Inc. protest in any of the above proceedings PJM Interconnection, L.L.C. submits an Interconnection & Operating must file in accordance with Rules 211 Description: Midwest Independent Agreement with Arnold Windfarm, LLC, and 214 of the Commission’s Rules of Transmission System Operator Inc., and the Midwest Independent Transmission Practice and Procedure (18 CFR 385.211 PJM Interconnection, L.L.C. submitted System Operator, Inc. and Interstate and § 385.214) on or before 5 p.m. clarifying revisions to the calculation of Power and Light Company, a wholly- Eastern time on the specified comment Capacity Benefit Margin under the owned subsidiary of Alliant Energy date. It is not necessary to separately Congestion Management Process of their Corporation. intervene again in a subdocket related to Joint Operating Agreement (JOA) Filed Date: 08/29/2005. a compliance filing if you have pursuant to the Commission’s order Accession Number: 20050831–0003. previously intervened in the same issued 7/5/05, 112 FERC ¶ 61,029 (2005) Comment Date: 5 p.m. Eastern Time docket. Protests will be considered by and a request joint request for the on Monday, September 19, 2005. the Commission in determining the effective date for JOA changes Docket Numbers: ER05–1406–000. appropriate action to be taken, but will authorized in this proceeding. Applicants: Pacific Gas and Electric not serve to make protestants parties to Filed Date: 08/30/2005. Company. the proceeding. Anyone filing a motion Accession Number: 20050831–0042. Description: Pacific Gas and Electric to intervene or protest must serve a copy Comment Date: 5 p.m. Eastern Time Company submits a fully executed of that document on the Applicant. In on Friday, September 9, 2005. Generator Special Facilities Agreement reference to filings initiating a new Docket Numbers: ER05–934–001. and an unexecuted draft Generator proceeding, interventions or protests Interconnection Agreement with Applicants: Kentucky Utilities submitted on or before the comment Midway Power, LLC. Company. deadline need not be served on persons Filed Date: 08/30/2005. Description: Kentucky Utilities other and the Applicant. Company submits its compliance Accession Number: 20050831–0041. pursuant to the Commission’s 6/28/05 Comment Date: 5 p.m. Eastern Time The Commission encourages Letter Order in Docket No. ER05–934– on Tuesday, September 20, 2005. electronic submission of protests and 000. Docket Numbers: ER05–1407–000. interventions in lieu of paper, using the Filed Date: 08/29/2005. Applicants: Portland General Electric FERC Online links at http:// Accession Number: 20050831–0049. Company. www.ferc.gov. To facilitate electronic Comment Date: 5 p.m. Eastern Time Description: Portland General Electric service, persons with Internet access on Monday, September 19, 2005. Company (PGE) submits a proposed who will eFile a document and/or be tariff, PGE Original Volume No. 13, Sale listed as a contact for an intervenor Docket Numbers: ER05–1204–001. of Ancillary Services at Cost Based must create and validate an Applicants: Mystic I, LLC; Mystic Rates. eRegistration account using the Development, LLC; and Fore River Filed Date: 08/30/2005. Development, LLC. eRegistration link. Select the eFiling Accession Number: 20050901–0104. Description: Mystic I, LLC, Mystic link to log on and submit the Comment Date: 5 p.m. Eastern Time Development, LLC, and Fore River intervention or protests. on Tuesday, September 20, 2005. Development, LLC submit substitute Persons unable to file electronically tariff sheets to their respective Market- Docket Numbers: ER05–1408–000. should submit an original and 14 copies Based Rate Tariffs, Third Revised Applicants: Southern California of the intervention or protest to the Volume No. 1 which were originally Edison Company. Federal Energy Regulatory Commission, filed on 7/5/05. Description: Southern California 888 First St. NE., Washington, DC Filed Date: 08/30/2005. Edison Company submits the Second 20426. Accession Number: 20050901–0108. Amended & Restated 33kV Added Facilities Agreement between Southern The filings in the above proceedings Comment Date: 5 p.m. Eastern Time California Water Company and are accessible in the Commission’s on Tuesday, September 20, 2005. Southern California Edison Company. eLibrary system by clicking on the Docket Numbers: ER05–1326–001. Filed Date: 08/30/2005. appropriate link in the above list. They Applicants: Cornerstone Energy Accession Number: 20050901–0105. are also available for review in the General Partners, LLC Comment Date: 5 p.m. Eastern Time Commission’s Public Reference Room in Description: Cornerstone Energy on Tuesday, September 20, 2005. Washington, DC. There is an General Partners, LLC submits an Docket Numbers: ER05–1409–000. eSubscription link on the Web site that amendment to its 8/12/05 filing of an Applicants: The United Illuminating enables subscribers to receive e-mail ‘‘Application for Order Authorizing Company. notification when a document is added Market-Based Rates, Waiving Description: The United Illuminating to a subscribed dockets(s). For Regulations and Granting Blanket Company submits proposed revisions to assistance with any FERC Online Approvals’’ in Docket No. ER05–1326– Schedule 21–UI and Schedule 20A–UI service, please e-mail 000. of section II of the ISO New England [email protected]. or call Filed Date: 08/26/2005. Inc. Transmission, Markets and Services (866) 208–3676 (toll free). For TTY, call Accession Number: 20050831–0010. Tariff, which is ISO New England Inc. (202) 502–8659. Comment Date: 5 p.m. Eastern Time Open Access Transmission Tariff. Magalie R. Salas on Friday, September 16, 2005. Filed Date: 08/30/2005. Docket Numbers: ER05–1401–000. Accession Number: 20050901–0003. Secretary Applicants: Midwest Independent Comment Date: 5 p.m. Eastern Time [FR Doc. E5–4931 Filed 9–8–05; 8:45 am] Transmission System Operator, Inc. on Tuesday, September 20, 2005. BILLING CODE 6717–01–P

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DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY Commission’s Web site at http:// www.ferc.gov using the ‘‘eLibrary’’ link. Federal Energy Regulatory Federal Energy Regulatory Enter the docket number excluding the Commission Commission last three digits in the docket number field to access the document. For Notice of Application To Amend [Project No. 2145–060] assistance, call toll free 1–866–208– License and Soliciting Comments, Motions To Intervene, and Protests 3676 or e-mail Rocky Reach Hydroelectric Project; [email protected]. For TTY, Notice of Availability of Draft August 31, 2005. call (202) 502–8659. A copy is also Environmental Impact Statement Take notice that the following available for inspection and hydroelectric application has been filed reproduction at the address in item h. September 1, 2005. with the Commission and is available m. Individuals desiring to be included In accordance with the National for public inspection: on the Commission’s mailing list should Environmental Policy Act of 1969 and a. Type of Application: Request to so indicate by writing to the Secretary amend license article 412. the Federal Energy Regulatory of the Commission. Commission (Commission or FERC) b. Project No.: 2496–119. regulations contained in the Code of c. Date Filed: August 4, 2005. n. Comments, Protests, or Motions to Federal Regulations (CFR) (18 CFR Part d. Applicant: Eugene Water and Intervene: Anyone may submit 380 [FERC Order No. 486, 52 FR Electric Board. comments, a protest, or a motion to 47897]), the Office of Energy Projects e. Name of Project: Leaburg- intervene in accordance with the staff (staff) reviewed the application for Walterville Project. requirements of Rules and Practice and a New Major License for the Rocky f. Location: The project is located on Procedure 18 CFR 385.210, 385.211, Reach Project. Staff prepared a draft the McKenzie River, in Lane County, 385.214. In determining the appropriate Oregon. environmental impact statement (DEIS) action to take, the Commission will g. Filed pursuant to: Federal Power for the project, located on the Columbia consider all protests or other comments Act, 16 U.S.C. 791(a)–825(r) and 799 River in Chelan County, Washington. filed, but only those who file a motion and 801. to intervene in accordance with the The DEIS contains staff’s analysis of h. Applicant Contact: Mr. Steven Commission’s Rules may become a the potential environmental effects of Newcomb, Eugene Water and Electric party to the proceeding. Any comments, the project and concludes that licensing Board, P.O. Box 10148, Eugene, OR protests, or motions to intervene must 97440–2148. the project, with staff’s recommended be received on or before the specified i. FERC Contact: Any questions on measures, would not constitute a major comment date for the particular this notice should be addressed to Diana federal action significantly affecting the application. quality of the human environment. Shannon (202) 502–8887, or [email protected]. o. Filing and Service of Responsive A copy of the DEIS is available for j. Deadline for filing motions to Documents: Any filings must bear in all review at the Commission or may be intervene, protests, comments: capital letters the title ‘‘COMMENTS’’, viewed on the Commission’s Web site at September 30, 2005. ‘‘RECOMMENDATIONS FOR TERMS http://www.ferc.gov, using the ‘‘e- The Commission’s Rules of Practice AND CONDITIONS’’, ‘‘PROTEST’’, or Library’’ link. Enter the docket number, and Procedure require all intervenors ‘‘MOTION TO INTERVENE’’, as excluding the last three digits, to access filing a document with the Commission applicable, and the docket number (P– the document. For assistance, contact to serve a copy of that document on 2496–119) on any comments or motions FERC Online Support at each person in the official service list filed. Comments, protests, and [email protected] or toll- for the project. Further, if an intervenor interventions may be filed electronically free at (866) 208–3676, or for TTY, files comments or documents with the via the internet in lieu of paper. See 18 contact (202) 502–8659. Commission relating to the merits of an CFR 385.2001(a)(1)(iii) and the Any comments should be filed within issue that may affect the responsibilities instructions on the Commission’s Web 60 days from the notice date in the of a particular resource agency, they site under the ‘‘e-Filing’’ link. The must also serve a copy of the documents Federal Register and should be Commission strongly encourages e- on that resource agency. addressed to Magalie R. Salas, Secretary, filings. All documents should be filed k. Description of Proposed Action: Federal Energy Regulatory Commission, with: The Secretary, Federal Energy 888 First Street, NE., Washington, DC Article 412 originally required the licensee to develop a spawning gravel Regulatory Commission, 888 First 20426. Please affix Rocky Reach Project, augmentation plan, which was Street, NE., Washington, DC 20426. A P–2145–060 to all comments. For approved by the Commission in March copy of any motion to intervene must further information, please contact Kim 2003. Alternatively, the licensee now also be served upon each representative A. Nguyen at (202) 502–6105 or at proposes to create fund whereby the of the Applicant specified in the [email protected]. licensee would provide $64,192 particular application. Magalie R. Salas, annually (increasing 2.5 percent a year) p. Agency Comments: Federal, State, Secretary. to the McKenzie Watershed Council for and local agencies are invited to file 20 years. These funds would be used to [FR Doc. E5–4916 Filed 9–8–05; 8:45 am] comments on the described application. support habitat restoration and A copy of the application may be BILLING CODE 6717–01–P enhancements to improve ecological obtained by agencies directly from the conditions in the lower McKenzie River Applicant. If an agency does not file and its tributaries. comments within the time specified for l. The filing is available for review at filing comments, it will be presumed to the Commission in the Public Reference have no comments. One copy of an Room or may be viewed on the

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agency’s comments must also be sent to under docket identification (ID) number Some of this information may be the Applicant’s representative. OPP–2005–0237. The official public entitled to confidential treatment. The docket consists of the documents information has been submitted to EPA Magalie R. Salas, specifically referenced in this action, under sections 3, 4, 6, and 7 of FIFRA Secretary. any public comments received, and and under sections 408 and 409 of [FR Doc. E5–4923 Filed 9–8–05; 8:45 am] other information related to this action. FFDCA. BILLING CODE 6717–01–P Although a part of the official docket, In accordance with the requirements the public docket does not include of 40 CFR 2.307(h)(3), the contract with Confidential Business Information (CBI) Computer Sciences Corporation, ENVIRONMENTAL PROTECTION or other information whose disclosure is prohibits use of the information for any AGENCY restricted by statute. The official public purpose not specified in the contract; [OPP–2005–0237; FRL–7734–9] docket is the collection of materials that prohibits disclosure of the information is available for public viewing at the to a third party without prior written Computer Sciences Corporation; Public Information and Records approval from the Agency; and requires Transfer of Data Integrity Branch (PIRIB), Rm. 119, that each official and employee of the CrystalMall #2, 1801 S. Bell St., contractor sign an agreement to protect AGENCY: Environmental Protection Arlington, VA. This docket facility is the information from unauthorized Agency (EPA). open from 8:30 a.m. to 4 p.m., Monday release and to handle it in accordance ACTION: Notice. through Friday, excluding legal with the FIFRA Information Security holidays. The docket telephone number Manual. In addition, Computer Sciences SUMMARY: This notice announces that is (703) 305–5805. Corporation is required to submit for pesticide related information submitted 2. Electronic access. You may access EPA approval a security plan under to EPA’s Office of Pesticide Programs this Federal Register document which any CBI will be secured and (OPP) pursuant to the Federal electronically through the EPA Internet protected against unauthorized release Insecticide, Fungicide, and Rodenticide under the ‘‘Federal Register’’ listings at or compromise. No information will be Act (FIFRA) and the Federal Food, Drug, http://www.epa.gov/fedrgstr/. provided to Computer Sciences and Cosmetic Act (FFDCA), including Corporation until the requirements in information that may have been claimed An electronic version of the public this document have been fully satisfied. as Confidential Business Information docket is available through EPA’s Records of information provided to (CBI) by the submitter, will be electronic public docket and comment Computer Sciences Corporation will be transferred to Computer Sciences system, EPA Dockets. You may use EPA maintained by EPA Project Officers for Corporation in accordance with 40 CFR Dockets at http://www.epa.gov/edocket/ the contract. All information supplied to 2.307(h)(3) and 2.308(i)(2). Computer to submit or view public comments, Computer Sciences Corporation by EPA Sciences Corporation has been awarded access the index listing of the contents for use in connection with the contract a contract to perform work for OPP, and of the official public docket, and to will be returned to EPA when Computer access to this information will enable access those documents in the public Sciences Corporation has completed its Computer Sciences Corporation to fulfill docket that are available electronically. work. the obligations of the contract. Although not all docket materials may be available electronically, you may still DATES: List of Subjects Computer Sciences Corporation access any of the publicly available will be given access to this information docket materials through the docket Environmental protection, Business on or before September 14, 2005. facility identified in Unit I.B.1. Once in and industry, Government contracts, FOR FURTHER INFORMATION CONTACT: the system, select ‘‘search,’’ then key in Government property, Security Patsy Garnett, FIFRA Security Officer, the appropriate docket ID number. measures. Information Technology & Resources Dated: September 1, 2005. Management Division (7502C), Office of II. Contractor Requirements Arnold E. Layne, Pesticide Programs, Environmental Under contract number DW– Protection Agency, 1200 Pennsylvania Director, Information Technology & 4793935401/000, the contractor will Resources Management Division, Office of Ave., NW., Washington, DC 20460– perform the following tasks: Pesticide Programs. 0001; telephone number: 703–305–5455. The contractor will perform various [FR Doc. 05–17821 Filed 9–8–05; 8:45 am] SUPPLEMENTARY INFORMATION: document management functions to BILLING CODE 6560–50–S I. General Information examine, categorize, handle and format OPP information, which will be in both A. Does this Action Apply to Me? electronic and paper copy. The ENVIRONMENTAL PROTECTION This action applies to the public in contractor will be working with AGENCY applications for pesticide registration, general. As such, the Agency has not [ER–FRL–6667–3] attempted to describe all the specific supporting studies, and other technical documents of archival significance. entities that may be affected by this Environmental Impact Statements and action. If you have any questions The contract involves no Regulations; Availability of EPA regarding the applicability of this action subcontractors. Comments to a particular entity, consult the person OPP has determined that the contract listed under FOR FURTHER INFORMATION described in this document involve Availability of EPA comments CONTACT. work that is being conducted in prepared pursuant to the Environmental connection with FIFRA, in that Review Process (ERP), under section B. How Can I Get Copies of this pesticide chemicals will be the subject 309 of the Clean Air Act and section Document and Other Related of certain evaluations to be made under 102(2)(c) of the National Environmental Information? the contract. These evaluations may be Policy Act as amended. Requests for 1. Docket. EPA has established an used in subsequent regulatory decisions copies of EPA comments can be directed official public docket for this action under FIFRA. to the Office of Federal Activities at

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202–564–7167. An explanation of the Compressor Station to District No. 1 (PUD), Columbia River, ratings assigned to draft environmental Interconnections Greasewood Chelan County, WA, Comment Period impact statements (EISs) was published Compressor Station, Rio Blanco Ends: 11/08/2005, Contact: Kim in FR dated April 1, 2005 (70 FR 16815). County, CO and Sweetwater County, Nguyen 202–502–6105. WY EIS No. 20050362, Draft EIS, NRC, NC, Draft EISs Summary: No formal comment letter Generic—Brunswick Stream Electric EIS No. 20050054, ERP No. D–NOA– was sent to the preparing agency. Plant, Units 1 and 2 (TAC Nos. L39062–WA, Washington State Forest Dated: September 9, 2005. MC4641 and MC4642) License Habitat Conservation Plan, Propose Renewal of Nuclear Plants, Ken Mittelholtz, Issuance of Multiple Species Supplement 25 to NUREG–1437, Incidental Take Permit or 9d)Rules, Environmental Protection Specialist, Office Brunswick County, NC, Comment of Federal Activities. NPDES Permit, U.S. Army COE Period Ends: 12/02/2005, Contact: section 10 and 404 Permits, WA [FR Doc. 05–17925 Filed 9–8–05; 8:45 am] Richard L. Emch 301–415–1590. Summary: EPA’s expressed concerns BILLING CODE 6560–50–P EIS No. 20050363, Final EIS, NPS, SC, regarding the pesticide application NC, GA, FL, Low Country Gullah Culture Special Resource Study, procedures and small landowner ENVIRONMENTAL PROTECTION Gullah Culture Preservation and exemptions that could have potential AGENCY effects on water quality. Rating EC2. Protection Analysis to Consider the EIS No. 20050190, ERP No. D–FHW– [ER–FRL–6667–2] Suitability and Feasibility for F59004–MI, Detroit Intermodal Inclusion in the National Park Service Environmental Impacts Statements; Freight Terminal (DIFT) Project, System, SC, NC, GA and FL, Wait Notice of Availability Proposes Improvement to Intermodal Period Ends: 10/11/2005, Contact: Freight Terminals in Wayne and Responsible Agency: Office of Federal John Barrett 404–562–3124 Ext 637. Oakland Counties, MI Activities, General Information (202) EIS No. 20050364, Final EIS, FHW, IA, Summary: EPA has environmental 564–7167 or http://www.epa.gov/ NE, Council Bluffs Interstate System objections to the proposed project compliance/nepa/. Improvements Project, Transportation regarding impacts to air quality, Weekly receipt of Environmental Improvements, Missouri River on I–80 specifically involving particulate matter Impact Statements filed 08/29/2005 to east of I–480 Interchange, Tier 1, 2.5 microns or less (PM2.5), as well as through 09/02/2005, pursuant to 40 CFR Pottawattamie County, IA and environmental justice issues. EPA 1506.9. Douglas County, NE, Wait Period requests that the Final EIS more fully EIS No. 20050357, Draft EIS, AFS, UT, Ends: 10/11/2005, Contact: Philip describe localized impacts of PM2.5 and Lake Project, Proposal to Maintain Barnes 515–233–7300. commit to air quality mitigation Vegetative Diversity and Recover EIS No. 20050365, Draft EIS, NRC, OH, strategies. Rating EO2. Economic Value of Dead, Dying and American Centrifuge Plant, Gas High Risk to Mortality Trees, Manti- Centrifuge Uranium Enrichment Final EISs La Sal National Forest, Ferron/Price Facility, Construction, Operation, and EIS No. 20050296, ERP No. F–TVA– Ranger District, Emery and Sanpete Decommission, License Issuance, E05100–TN, 500–kV Transmission Lin Counties, UT, Comment Period Ends: Piketon, OH, Comment Period Ends: in Middle Tennessee Construction 10/24/2005, Contact: Alan Lucas 435– 10/24/2005, Contact: Matthew Blevins and Operation, Cumberland Fossil 636–3320. 301–415–7684. Plant to either the Montgomery 500– EIS No. 20050358, Draft EIS, NPS, VA, EIS No. 20050366, Final EIS, FHW, AR, kV Substation, Montgomery County, Great Falls Park General Management I–69 Section of Independent Utility 13 or the Davidson 500–kV Substation, Plan, Implementation, George El Dorado to McGehee, Construction Davidson County, Stewart, Houston, Washington Parkway, Fairfax County, of 4 Lane divided Access Facility, Montgomery, Dickerson, Cheatham VA, Comment Period Ends: 11/08/ U.S. Coast Guard Permit, U.S. Army and Davidson Counties, TN 2005, Contact: Audrey F. Calhoun COE Section 404 Permit, Quachita River, Quachita, Union, Calhoun, Summary: EPA is concerned that the 703–289–2500. Bradley, Drew, and Desha Counties, preferred alignments would impact EIS No. 20050359, Draft EIS, NPS, AK, AR, Wait Period Ends: 10/24/2005, forested wetlands and that overall more Denali National Park and Preserve, Contact: Randal Looney 501–324– wetlands would be impacted than by Draft South Denali Implementation 6430. other presented alignments. Plan, Matanuska-Susitna Borough, AK, Comment Period Ends: 11/15/ EIS No. 20050367, Draft Supplement, EIS No. 20050304, ERP No. F–AFS– 2005, Contact: Glen Yankus 907–644– NOA, ME, Atlantic Herring Fishery L65467–ID, Red Pines Project, 3535. Management Plan (FWP), Amendment Implementation of Fuel Reduction EIS No. 20050360, Draft EIS, AFS, SD, 1, Management Measure Adjustment, Activities and Watershed Activities Bugtown Gulch Mountain Pine Beetle Implementation, Gulf of Maine, Improvement, Nez Perce National and Fuels Projects, To Implement George Bank, ME, Comment Period Forest, Red River Ranger District, Multiple Resource Management Ends: 10/24/2005, Contact: Paul Idaho County, ID Actions, Black Hills National Forest, Howard 978–465–0492. Summary: EPA continues to have Hell Canyon Ranger District, Custer EIS No. 20050368, Draft EIS, IBR, NM, concerns about the potential for adverse County, SD, Comment Period Ends: Carlsbad Project Water Operations impacts to water quality and listed 10/24/2005, Contact: Patricia Hudson and Water Supply Conservation, salmonoids from sediment loading. 605–673–4853. Changes in Carlsbad Project EIS No. 20050333, ERP No. F–FRC– EIS No. 20050361, Draft EIS, FRC, WA, Operations and Implementation of J03018–00, Piceance Basin Expansion Rocky Reach Hydroelectric Project, Water Acquisition Program, U.S. COE Project, Construction and Operation (FERC/DEIS–0184D), Application for Section 404 Permit, NPDES, Eddy, De of a New Interstate Natural Gas a New License for the Existing 865.76 Baca, Chaves, and Guadelupe Pipeline System, Wamsutter Megawatt Facility, Public Utility Counties, NM, Comment Period Ends:

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10/31/2005, Contact: Marsha Carra DATES: A meeting of the NAC/AEGL Although, a part of the official docket, 505–462–3602. Committee will be held from 10 a.m. to the public docket does not include EIS No. 20050369, Final EIS, FHW, MD, 5 p.m. on September 28, 2005; 8:30 a.m. Confidential Business Information (CBI) MD–32 Planning Study, to 5:30 p.m. on September 29, 2005, and or other information whose disclosure is Transportation Improvements from from 8 a.m. to noon on September 30, restricted by statute. The official public MD–108 to Interstate 70, Funding, 2005. docket is the collection of materials that NPDES Permit and COE Section 404 ADDRESSES: The meeting will be held at is available for public viewing at the Permit, Howard County, MD, Wait the U.S. Department of Labor (Francis EPA Docket Center, Rm. B102-Reading Period Ends: 10/24/2005, Contact: Perkins Building) 200 Constitution Ave., Room, EPA West, 1301 Constitution Caryn Brookman 410–962–4440. NW, Washington, DC 20210, Room Ave., NW., Washington, DC. The EPA EIS No. 20050370, Draft EIS, AFS, OR, N3437 A, B and C. The nearest metro Docket Center is open from 8:30 a.m. to Middle Fork John Day Range Planning stop is Judiciary Square.. 4:30 p.m., Monday through Friday, Project, Livestock Grazing FOR FURTHER INFORMATION CONTACT: For excluding legal holidays. The EPA Authorization, Implementation, Blue general information contact: Colby Docket Center Reading Room telephone Mountain Ranger and Prairie City Lintner, Regulatory Coordinator, number is (202) 566–1744 and the Ranger Districts, Malheur National Environmental Assistance Division telephone number for the OPPT Docket, Forest, Grant County, OR Comment (7408M), Office of Pollution Prevention which is located in the EPA Docket Period Ends: 10/24/2005, Contact: and Toxics, Environmental Protection Center, is (202) 566–0280. Linda Batten 541–575–3000. Agency, 1200 Pennsylvania Ave., NW., 2. Electronic access. You may access EIS No. 20050371, Draft EIS, FAA, UT, Washington, DC 20460–0001; telephone this Federal Register document St. George Municipal Airport number: (202) 554–1404; e-mail electronically through the EPA Internet Replacement, Funding, City of St. address:[email protected]. under the ‘‘Federal Register’’ listings at George, Washington County, UT For technical information contact: http://www.epa.gov/fedrgstr/. Comment Period Ends: 11/08/2005, Paul S. Tobin, Designated Federal An electronic version of the public Contact: David Field 425–227–2608. Officer (DFO), Economics, Exposure, docket is available through EPA’s and Technology Division (7403M), Dated: September 6, 2005. electronic public docket and comment Office of Pollution Prevention and system, EPA Dockets. You may use EPA Ken Mittelholtz, Toxics, 1200 Pennsylvania Ave., NW., Dockets at http://www.epa.gov/edocket/ Environmental Protection Specialist, NEPA Washington, DC 20460–0001; telephone to submit or view public comments, Compliance Division, Office of Federal number: (202) 564–8557; e-mail address: Activities. access the index listing of the contents [email protected]. of the official public docket, and to [FR Doc. 05–17924 Filed 9–8–05; 8:45 am] SUPPLEMENTARY INFORMATION: access those documents in the public BILLING CODE 6560–50–P docket that are available electronically. I. General Information Although, not all docket materials may ENVIRONMENTAL PROTECTION A. Does this Action Apply to Me? be available electronically, you may still AGENCY This action is directed to the public access any of the publicly available in general. This action may be of docket materials through the docket facility identified in Unit I.B.1. Once in [OPPT–2005–0028; FRL–7726–6] particular interest to anyone who may be affected if the AEGL values are the system, select ‘‘search,’’ then key in National Advisory Committee for Acute adopted by government agencies for the appropriate docket ID number. Exposure Guideline Levels for emergency planning, prevention, or II. Meeting Procedures Hazardous Substances; Notice of response programs, such as EPA’s Risk Public Meeting Management Program under the Clean For additional information on the Air Act and Amendments section 112r. scheduled meeting, the agenda of the AGENCY: Environmental Protection It is possible that other Federal agencies NAC/AEGL Committee, or the Agency (EPA). besides EPA, as well as State agencies submission of information on chemicals ACTION: Notice. and private organizations, may adopt to be discussed at the meeting, contact the AEGL values for their programs. As the DFO listed under FOR FURTHER SUMMARY: A meeting of the National such, the Agency has not attempted to INFORMATION CONTACT. Advisory Committee for Acute Exposure describe all the specific entities that The meeting of the NAC/AEGL Guideline Levels for Hazardous may be affected by this action. If you Committee will be open to the public. Substances (NAC/AEGL Committee) have any questions regarding the Oral presentations or statements by will be held on September 28–30, 2005, applicability of this action to a interested parties will be limited to 10 in Washington, DC. At this meeting, the particular entity, consult the DFO listed minutes. Interested parties are NAC/AEGL Committee will address, as under FOR FURTHER INFORMATION encouraged to contact the DFO to time permits, the various aspects of the CONTACT. schedule presentations before the NAC/ acute toxicity and the development of AEGL Committee. Since seating for Acute Exposure Guideline Levels B. How Can I Get Copies of this outside observers may be limited, those (AEGLs) for the following chemicals: Document and Other Related wishing to attend the meeting as Allyl chloroformate; arsenic trioxide; Information? observers are also encouraged to contact boron trifluoride; cyclohexyl isocyanate; 1. Docket. EPA has established an the DFO at the earliest possible date to dibromoethane; diphosgene; ethyl official public docket for this action ensure adequate seating arrangements. chloroformate; ethyl chlorothioformate; under docket identification (ID) number Inquiries regarding oral presentations isobutyl chloroformate; isopropyl OPPT–2005–0028. The official public and the submission of written chloroformate; jet fuel 8; ketene; methyl docket consists of the documents statements or chemical-specific chloroformate; n-butyl chloroformate; specifically referenced in this action, information should be directed to the propyl chloroformate; and sec-butyl any public comments received, and DFO. chloroformate. other information related to this action.

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III. Future Meetings the person listed under FOR FURTHER acaricide, antimicrobial, fungicide, Another meeting of the NAC/AEGL INFORMATION CONTACT. herbicide, insecticide, nematicide, and vertebrate control agent. The most Committee is scheduled for December B. How Can I Get Copies of this prevalent use pattern is as a soil 13–15, 2005 in Washington, DC. Document and Other Related fumigant; however, it is also used as a Information? List of Subjects structural fumigant and for post harvest Environmental protection, Chemicals, 1. Docket. EPA has established an treatment of commodities. The Agency Hazardous substances, Health. official public docket for this action developed these risk assessments as part under docket ID number OPP–2005– of its public process for making Dated: September 1, 2005. 0123. The official public docket consists pesticide reregistration eligibility and Charles M. Auer, of the documents specifically referenced tolerance reassessment decisions. Director, Office of Pollution Prevention and in this action, any public comments Through these programs, EPA is Toxics received, and other information related ensuring that pesticides meet current [FR Doc. 05–17822 Filed 9–8–05; 8:45 am] to this action. Although a part of the standards under the Federal Insecticide, BILLING CODE 6560–50–S official docket, the public docket does Fungicide, and Rodenticide Act (FIFRA) not include Confidential Business and the Federal Food, Drug, and Information (CBI) or other information Cosmetic Act (FFDCA), as amended by ENVIRONMENTAL PROTECTION whose disclosure is restricted by statute. the Food Quality Protection Act of 1996 AGENCY The official public docket is the (FQPA). The Agency received a request [OPP–2005–0123; FRL–7738–1] collection of materials that is available from the Methyl Bromide Industry Panel for public viewing at the Public of the American Chemistry Council to Methyl Bromide Risk Assessments for Information and Records Integrity extend the comment period. EPA is Fumigant Pesticide; Extension of Branch (PIRIB), Rm. 119, Crystal Mall hereby extending the comment period, Comment Period #2, 1801 S. Bell St., Arlington, VA. This which was set to end on September 12, docket facility is open from 8:30 a.m. to 2005, by 30 days. The comment period AGENCY: Environmental Protection 4 p.m., Monday through Friday, Agency (EPA). will now end on October 12, 2005. This excluding legal holidays. The docket extension is being given based on the ACTION: Notice; extension of comment telephone number is (703) 305–5805. Agency’s delay in providing legible period. 2. Electronic access. You may access copies of the appendices supporting the this Federal Register document SUMMARY: risk assessments. EPA issued a notice in the electronically through the EPA Internet Federal Register of July 13, 2005, under the ‘‘Federal Register’’ listings at List of Subjects concerning the availability of EPA’s http://www.epa.gov/fedrgstr/. human health and environmental fate Environmental protection, Pesticides An electronic version of the public and pests. and effects risk assessments and related docket is available through EPA’s documents for the fumigant methyl electronic public docket and comment Dated: September 6, 2005. bromide. This document is extending system, EPA Dockets. You may use EPA Debra Edwards, the comment period for 30 days, from Dockets at http://www.epa.gov/edocket/ Director, Registration Division, Office of September 12, 2005 to October 12, 2005. to submit or view public comments, Pesticide Programs. DATES: Comments, identified by docket access the index listing of the contents [FR Doc. 05–18009 Filed 9–7–05; 12:54 pm] identification (ID) number OPP–2005– of the official public docket, and to BILLING CODE 6560–50–S 0123 must be received on or before access those documents in the public October 12, 2005. docket that are available electronically. ADDRESSES: Comments may be Once in the system, select ‘‘search,’’ ENVIRONMENTAL PROTECTION submitted electronically, by mail, or then key in the appropriate docket ID AGENCY through hand delivery/courier. Follow number. [FRL–7965–3] the detailed instructions as provided in C. How and to Whom Do I Submit Unit I.C. of the SUPPLEMENTARY Proposed Approval of Central Comments? INFORMATION of the July 13, 2005 Federal Characterization Project’s Transuranic Register document. To submit comments, or access the Waste Characterization Program at FOR FURTHER INFORMATION CONTACT: official public docket, please follow the Idaho National Laboratory Susan Bartow, Special Review and detailed instructions as provided in AGENCY: Reregistration Division (7508C), Office Unit I.C. of the SUPPLEMENTARY Environmental Protection of Pesticide Programs, Environmental INFORMATION of the July 13, 2005 Federal Agency. Protection Agency, 1200 Pennsylvania Register document. If you have ACTION: Notice of availability; opening Ave., NW., Washington, DC 20460– questions, consult the person listed of public comment period. 0001; telephone number: (703) 603– under FOR FURTHER INFORMATION SUMMARY: The Environmental Protection 0065; fax number: (703) 308–8041; e- CONTACT. Agency (EPA) is announcing the mail address: [email protected]. II. What Action is EPA Taking? availability of, and soliciting public SUPPLEMENTARY INFORMATION: This document extends the public comments on the proposed approval of I. General Information comment period established in the the transuranic (TRU) radioactive waste Federal Register of July 13, 2005 (70 FR characterization program implemented A. Does this Action Apply to Me? 40336) (FRL–7721–3). In that document, by the Central Characterization Project The Agency included in the notice a EPA made available the human health (CCP) at Idaho National Laboratory list of those who may be potentially and environmental fate and effects risk (INL). INL CCP is characterizing waste affected by this action. If you have assessments for methyl bromide. Methyl from the Advanced Mixed Waste questions regarding the applicability of bromide is a broad-spectrum fumigant Treatment Project (AMWTP) and the this action to a particular entity, consult chemical that can be used as an Idaho Closure Project (ICP),

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respectively, for disposal at the visit our Web site at http://www.epa/ of the official public docket, and to Department of Energy’s (DOE) Waste gov/radiation/wipp. access those documents in the public Isolation Pilot Plant (WIPP). SUPPLEMENTARY INFORMATION: docket that are available electronically. In accordance with the EPA’s WIPP Once in the system, select ‘‘search,’’ Compliance Criteria, EPA inspected the I. General Information then key in the appropriate docket INL CCP’s characterization of TRU A. How Can I Get Copies of This identification number. debris waste, solid waste and soil/gravel Document and Other Related Certain types of information will not waste from May 3–5, 2005. EPA’s Information? be placed in the EPA Dockets. inspection team determined that the INL Information claimed as CBI and other 1. Docket. EPA has established an information whose disclosure is CCP waste characterization program was official public docket for this action restricted by statute, which is not technically adequate, and therefore, under Docket ID No. OAR–2005–0162. EPA is proposing to approve the INL included in the official public docket, The official public docket consists of the will not be available for public viewing CCP waste characterization program in documents specifically referenced in the configuration observed during the in EPA’s electronic public docket. EPA’s this action, any public comments policy is that copyrighted material will inspection and as described in EPA’s received, and other information related inspection report. In addition to not be placed in EPA’s electronic public to this action. Although a part of the docket but will be available only in proposing the approval of the INL CCP official docket, the public docket does waste characterization program, EPA is printed, paper form in the official public not include any Confidential Business docket. To the extent feasible, publicly proposing a tiered structure for Information (CBI) or other information reporting changes to the waste available docket materials will be made whose disclosure is restricted by statute. available in EPA’s electronic public characterization program demonstrated The official public docket is the by INL CCP. The results of the EPA’s docket. When a document is selected collection of materials that is available from the index list in EPA Dockets, the evaluation of the INL CCP program and for public viewing at the Air and the proposed approval are described in system will identify whether the Radiation Docket in the EPA Docket document is available for viewing in the EPA’s inspection report which is Center, (EPA/DC) EPA West, Room available for review in the public EPA’s electronic public docket. B102, 1301 Constitution Ave., NW., Although not all docket materials may dockets listed in ADDRESSES. We will Washington, DC. The EPA Docket consider public comments received on be available electronically, you may still Center Public Reading Room is open access any of the publicly available or before the due date mentioned in from 8:30 a.m. to 4:30 p.m., Monday DATES. docket materials through the docket through Friday, excluding legal This notice summarizes the waste facility identified in Unit I.B. EPA holidays. The telephone number for the characterization processes EPA intends to work towards providing Public Reading Room is (202) 566–1744, evaluated and EPA’s proposed approval. electronic access to all of the publicly and the telephone number for the Air As required by the 40 CFR 194.8, at the available docket materials through and Radiation Docket is (202) 566–1742. end of a 45-day comment period EPA EPA’s electronic public docket. These documents are also available for will evaluate public comments, address For public commenters, it is review in paper form at the official EPA relevant public comments in the final important to note that EPA’s policy is Air Docket in Washington, DC, Docket inspection report, and issue the final that public comments, whether No. A–98–49, Category II–A2, and at the report and an approval letter to the DOE submitted electronically or in paper, following three EPA WIPP informational Carlsbad Field Office (CBFO). INL CCP will be made available for public docket locations in New Mexico: In is currently authorized to characterize viewing in EPA’s electronic public Carlsbad at the Municipal Library, TRU waste, however, INL CCP waste is docket as EPA receives them and Hours: Monday–Thursday, 10 a.m.–9 not eligible for disposal at WIPP until without change, unless the comment p.m., Friday–Saturday, 10 a.m.–6 p.m., EPA issues an approval letter to DOE. contains copyrighted material, CBI, or and Sunday, 1 p.m.–5 p.m.; in other information whose disclosure is DATES: EPA is requesting public Albuquerque at the Government restricted by statute. When EPA comment on the docketed document. Publications Department, Zimmerman identifies a comment containing Comments must be received by EPA’s Library, University of New Mexico, copyrighted material, EPA will provide official Air Docket on or before October Hours: Vary by semester; and in Santa a reference to that material in the 24, 2005. Fe at the New Mexico State Library, version of the comment that is placed in ADDRESSES: Comments may be Hours: Monday–Friday, 9 a.m.–5 p.m. EPA’s electronic public docket. The submitted by mail to: EPA Docket As provided in EPA’s regulations at 40 entire printed comment, including the Center (EPA/DC), Air and Radiation CFR part 2, and in accordance with copyrighted material, will be available Docket, Environmental Protection normal EPA docket procedures, if in the public docket. Agency, EPA West, Mail Code 6102T, copies of any docket materials are Public comments submitted on 1200 Pennsylvania Avenue, NW., requested, a reasonable fee may be computer disks that are mailed or Washington, DC 20460. Attention charged for photocopying. delivered to the docket will be Docket ID No. OAR–2005–0162. 2. Electronic Access. You may access transferred to EPA’s electronic public Comments may also be submitted this Federal Register document docket. Public comments that are electronically, by facsimile, or through electronically through the EPA Internet mailed or delivered to the Docket will hand delivery/courier. Follow the under the ‘‘Federal Register’’ listings at be scanned and placed in EPA’s detailed instructions as provided in http://www.epa.gov/fedrgstr/. electronic public docket. Where Unit I.B of the SUPPLEMENTARY An electronic version of the public practical, physical objects will be INFORMATION section. docket is available through EPA’s photographed, and the photograph will FOR FURTHER INFORMATION CONTACT: electronic public docket and comment be placed in EPA’s electronic public Rajani Joglekar, Office of Radiation and system, EPA Dockets. You may use EPA docket along with a brief description Indoor Air, (202) 343–9462. You can Dockets at http://www.epa.gov/edocket/ written by the docket staff. also call EPA’s toll-free WIPP to submit or view public comments, For additional information about Information Line, 1–800–331–WIPP or access the index listing of the contents EPA’s electronic public docket visit EPA

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Dockets online or see 67 FR 38102, May No. OAR–2005–0162. In contrast to of TRU radioactive waste. As defined by 31, 2002. EPA’s electronic public docket, EPA’s e- the WIPP Land Withdrawal Act (LWA) mail system is not an ‘‘anonymous of 1992 (Pub. L. 102–579), as amended B. How and To Whom Do I Submit access’’ system. If you send an e-mail (Pub. L. 104–201), TRU waste consists Comments? comment directly to the Docket without of materials containing processes having You may submit comments going through EPA’s electronic public atomic numbers greater than 92 (with electronically, by mail, by facsimile, or docket, EPA’s e-mail system half-lives greater than twenty years), in through hand delivery/courier. To automatically captures your e-mail concentrations greater than 100 ensure proper receipt by EPA, identify address. E-mail addresses that are nanocuries of alpha-emitting TRU the appropriate docket identification automatically captured by EPA’s e-mail isotopes per gram of waste. Much of the number in the subject line on the first system are included as part of the existing TRU waste consists of items page of your comment. Please ensure comment that is placed in the official contaminated during the production of that your comments are submitted public docket, and made available in nuclear weapons, such as rags, within the specified comment period. EPA’s electronic public docket. equipment, tools, and sludges. Comments received after the close of the 2. By Mail. Send your comments to: On May 13, 1998, EPA announced its comment period will be marked ‘‘late.’’ EPA Docket Center (EPA/DC), Air and final compliance certification decision EPA is not required to consider these Radiation Docket, Environmental to the Secretary of Energy (published late comments. However, late comments Protection Agency, EPA West, Mail May 18, 1998, 63 FR 27354). This may be considered if time permits. Code 6102T, 1200 Pennsylvania decision stated that the WIPP will 1. Electronically. If you submit an Avenue, NW., Washington, DC 20460. comply with EPA’s radioactive waste electronic comment as prescribed Attention Docket ID No. OAR–2005– disposal regulations at 40 CFR part 191, below, EPA recommends that you 0162. subparts B and C. WIPP began receiving include your name, mailing address, 3. By Hand Delivery or Courier. shipments of TRU radioactive waste in and an e-mail address or other contact Deliver your comments to: Air and March 1999. information in the body of your Radiation Docket, EPA Docket Center, The final WIPP certification decision comment. Also include this contact (EPA/DC) EPA West, Room B102, 1301 includes conditions that (1) prohibit information on the outside of any disk Constitution Ave., NW., Washington, shipment of TRU waste for disposal at or CD–ROM you submit, and in any DC, Attention Docket ID No. OAR– WIPP from any site other than the Los cover letter accompanying the disk or 2005–0162. Such deliveries are only Alamos National Laboratories (LANL) CD–ROM. This ensures that you can be accepted during the Docket’s normal until the EPA determines that the site identified as the submitter of the hours of operation as identified in Unit has established and executed a quality comment and allows EPA to contact you I.A.1. assurance program, in accordance with in case EPA cannot read your comment 4. By Facsimile. Fax your comments §§ 194.22(a)(2)(i), 194.24(c)(3), and due to technical difficulties or needs to: (202) 566–1741, Attention Docket ID. 194.24(c)(5) for waste characterization further information on the substance of No. OAR–2005–0162. activities and assumptions (Condition 2 your comment. EPA’s policy is that EPA of appendix A to 40 CFR part 194); and will not edit your comment, and any C. What Should I Consider as I Prepare (2) with limited exceptions, until EPA identifying or contact information My Comments for EPA? has approved the procedures developed provided in the body of a comment will You may find the following to comply with the waste be included as part of the comment that suggestions helpful for preparing your characterization requirements of is placed in the official public docket, comments: § 194.22(c)(4) (Condition 3 of appendix and made available in EPA’s electronic 1. Explain your views as clearly as A to 40 CFR part 194), LANL or any public docket. If EPA cannot read your possible. other site may not ship TRU waste for comment due to technical difficulties 2. Describe any assumptions that you disposal at WIPP. The EPA’s approval and cannot contact you for clarification, used. process for waste generator sites is EPA may not be able to consider your 3. Provide any technical information described in § 194.8. comment. and/or data you used that support your In July 2004, EPA promulgated i. EPA Dockets. Your use of EPA’s views. changes to the ‘‘Criteria for the electronic public docket to submit 4. If you estimate potential burden or Certification and Recertification of the comments to EPA electronically is costs, explain how you arrived at your Waste Isolation Pilot Plant’s Compliance EPA’s preferred method for receiving estimate. with Disposal Regulations’ (69 FR comments. Go directly to EPA Dockets 5. Provide specific examples to 42571–42583, July 16, 2004). Some of at http://www.epa.gov/edocket, and illustrate your concerns. these changes modified EPA’s approval follow the online instructions for 6. Offer alternatives. of waste characterization (WC) programs submitting comments. To access EPA’s 7. Make sure to submit your at DOE’s TRU waste sites. EPA will now electronic public docket from the EPA comments by the comment period conduct baseline inspections for each Internet Home Page, select ‘‘Information deadline identified. waste generator site that is Sources,’’ ‘‘Dockets,’’ and ‘‘EPA 8. To ensure proper receipt by EPA, characterizing contact-handled (CH) Dockets.’’ Once in the system, select identify the appropriate docket TRU waste. During a baseline inspection ‘‘search,’’ and then key in Docket ID No. identification number in the subject line EPA evaluates a waste characterization OAR–2005–0162. The system is an on the first page of your response. It program by sampling the equipment, ‘‘anonymous access’’ system, which would also be helpful if you provided procedures and personnel training, means EPA will not know your identity, the name, date, and Federal Register qualifications and experience that are e-mail address, or other contact citation related to your comments. involved in several WC processes. EPA information unless you provide it in the will then propose to approve a site’s body of your comment. II. Background TRU waste characterization program ii. E-mail. Comments may be sent by DOE is operating the WIPP near based on the waste characterization electronic mail (e-mail) to a-and-r- Carlsbad in southeastern New Mexico as ability demonstrated during the [email protected], Attention Docket ID a deep geologic repository for disposal inspection. As a part of the approval,

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EPA will also specify how changes to an The purpose of EPA’s inspection of 90Sr, 233U, 234U, and 238U) and the approved WC program must be reported INL CCP was to evaluate the adequacy TRU alpha concentration. to EPA. EPA will designate changes to of the sites’s WC programs for the At the time of the inspection, EPA an approved waste characterization contact-handled (CH) TRU waste identified no findings and two (2) program as Tier 1 (T1) or Tier 2 (T2) intended to be disposed at WIPP. EPA’s concerns for the INL CCP waste depending on their potential impact on inspection focused on equipment, characterization program. At the end of data quality. A T1 designation requires procedures and personnel training/ the inspection EPA gave DOE a written DOE to notify EPA of proposed changes qualifications and experience for the description of the concerns. Prior to the to an approved WC program prior to following waste characterization end of the inspection, DOE responded to implementing the change. EPA may processes: acceptable knowledge (AK), EPA’s concerns. EPA evaluated DOE’s choose to inspect a site before approving non-destructive assay (NDA), visual response for completeness and changes. A T2 designation allows DOE examination technique (VET) for newly- adequacy, and concluded that the to implement changes to an approved generated waste, visual examination/ corrective actions taken by DOE WC process component without EPA real-time radiography (VE/RTR) of adequately resolved EPA’s concerns. approval, however, DOE is required to retrievably-stored waste, load The details of EPA’s findings and notify EPA of such changes. EPA may management, and the WIPP Waste concerns from the INL CCP inspection continue to conduct inspections at any Information System (WWIS). The can be found in the inspection report. time to evaluate waste characterization activities examined during the Based on the results of the inspection programs at the approved sites under inspection included: discussed in EPA’s report, EPA is the authority of § 194.24(h). —AK and load management for the proposing to approve the INL CCP waste The new site inspection and approval characterization program in the process requires EPA to issue a Federal AMWTP’s CH, retrievably-stored, TRU debris waste and solid waste. configuration observed during this Register notice proposing the baseline inspection. This includes the following: —VET for CH, newly-generated, debris compliance decision, docket the (1) AK and load management process waste, solid waste and soil/gravel inspection report for public review, and for CH retrievable-stored, TRU debris waste from ICP, Pit 4. seek public comment on the proposed and solid waste stored at AMWTP. decision for a period of 45 days. —VE/RTR for the AMWTP’s CH, (2) Three non-destructive assay retrievably-stored, debris waste and III. Proposed Baseline Compliance systems (Tomographic Gamma Scanner, solid waste. Decision Waste Assay Gamma Spectrometer, —NDA and the WWIS for CH, The CBFO Quality Assurance (QA) SWEPP Gamma-Ray Spectrometer) for retrievably-stored, and newly- assaying CH TRU solid, soil/gravel, and Manager sent an e-mail March 14, 2005, generated, debris waste, solid waste, notifying EPA that INL–CCP was debris waste. and soil/gravel waste from AMWTP (3) VE as a quality control check of prepared to ship waste and wants to and ICP, Pit 4. demonstrate to EPA its ability to the RTR process and RTR of CH properly characterize TRU waste and In addition to reviewing individual retrievably-stored, solid and debris meet regulatory requirements. EPA components (procedures and waste. performed a baseline inspection (EPA equipment) of each of the WC processes, (4) VET process for newly-generated Inspection No. EPA–INL–CCP–05.05–8) EPA interviewed and reviewed training debris, solid, and soil/gravel waste. of the TRU waste characterization records of the personnel responsible for (5) WWIS process for tracking of activities of the DOE’s Central compiling data, analyzing waste waste contents of debris, solid, and soil/ Characterization Project (CCP) at the contents, operating equipment, and gravel waste. Idaho National Laboratory (INL) from preparing data for WWIS tracking. EPA proposes to approve CCP’s TRU May 3–5, 2005. The CCP is a mobile EPA also required radioassay replicate waste characterization processes listed characterization program that assists analysis on containers from the five above. This approval does not cover TRU waste generator sites with waste waste categories that INL CCP is remote-handled TRU waste. characterization activities. Regardless of currently characterizing. The purpose of Any changes to the waste the CCP location, EPA evaluates and the replicate testing is to enable EPA to characterization program from the approves all sites that utilize the CCP as verify that the radioassay equipment baseline inspection must be reported to, an independent waste characterization being assessed for approval can provide and, if applicable, approved by EPA site. At INL, the CCP is characterizing consistent, reproducible results for according to the following table. waste from the Advanced Mixed Waste determining the quantity of each of the Additional details for the tiering Treatment Project (AMWTP) and the 10 WIPP-tracked radionuclides (241Am, designation can be found in EPA’s Idaho Closure Project (ICP). 137Cs, 238Pu, 239Pu, 240Pu, 242Pu, inspection report.

TIERING OF TRU WASTE CHARACTERISTICS PROCESSES IMPLEMENTED BY CCP AT INL (BASED ON MAY 3–5, 2005 BASELINE INSPECTION)

INL–CCP WC process specific T1 INL–CCP WC process specific T2 WC process elements changes changes * INL–CCP general T2 changes *

AK including load management ..... Any new waste category ...... Updates or additions to Waste Changes to site procedures re- Changes to WWIS algorithms Stream Profile Forms for waste quiring CBFO approvals. specific to load management. stream(s) within an approved Changes in key areas of exper- waste category. tise. Changes to load management status of approved waste stream(s).

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TIERING OF TRU WASTE CHARACTERISTICS PROCESSES IMPLEMENTED BY CCP AT INL (BASED ON MAY 3–5, 2005 BASELINE INSPECTION)—Continued

INL–CCP WC process specific T1 INL–CCP WC process specific T2 WC process elements changes changes * INL–CCP general T2 changes *

NDA ...... New equipment of physical modi- Changes to software for approved Same as above. fications to approved equipment. equipment. Changes to approved calibration Changes to operating range(s) range for approved equipment. upon CBFO approval. RTR ...... N/A ...... New equipment or changes to ap- Same as above. proved equipment. VE and VET ...... N/A ...... N/A ...... Same as above. WWIS ...... N/A ...... N/A ...... Same as above. * Upon receiving EPA approval, every three (3) months INL–CCP will report to EPA all T2 changes.

Availability of the Baseline Inspection ENVIRONMENTAL PROTECTION The Notice of Availability for the draft Report for Public Comment AGENCY RGP was published in the Federal Register on November 2, 2004 (69 FR EPA is seeking public comment on [FRL–7966–9] 63531). In response to a number of our proposed approval of the INL CCP requests, on December 8, 2004, EPA–NE Notice of Availability of Final NPDES waste characterization program and the extended the comment period from General Permits MAG910000 and proposed tiering structure for changes to December 17, 2004, to January 18, 2005. the INL CCP waste characterization NHG910000 for Discharges From During the public comment period, Groundwater Remediation, program. EPA’s inspection report of INL EPA–NE received 18 sets of comments Contaminated Construction De- CCP’s waste characterization program is regarding the RGP. EPA–NE prepared a Watering, and Miscellaneous Surface in the public dockets described in response-to-comments document and Water Discharge Activities in the made a number of corresponding ADDRESSES. This report can also be States of Massachusetts and New found online in EDOCKET ID No. OAR– changes to the RGP, including, but not Hampshire and Indian Country Lands limited to: removing utility vaults and 2005–0162 and at our Web site at in the State of Massachusetts: The http://www.epa.gov/radiation/wipp. In manholes from the applicability, Remediation General Permit (RGP) allowing the use of historic data in accordance with 40 CFR 194.8, EPA is certain circumstances, expanding the providing the public 45 days to AGENCY: Environmental Protection Agency (EPA). period of intermittent shutdowns from comment on EPA’s proposed approval 90 to 120 days, etc. The response-to- ACTION: and inspection report. Notice of availability of final comments document is available with EPA will evaluate public comments NPDES general permits MAG910000 the final general permit. and revise the inspection report as and NHG910000: The Remediation The final RGP establishes notification necessary. If appropriate, EPA will then General Permit (RGP). requirements, effluent limitations, monitoring requirements, and issue a final inspection report and a SUMMARY: The Director of the Office of letter to DOE approving the INL CCP Ecosystem Protection at the administrative requirements, as well as waste characterization program for Environmental Protection Agency’s New other standards, conditions, disposal of TRU waste at WIPP. Any England Regional Office (EPA–NE), is prohibitions, and management practices approval letter and final inspection issuing National Pollutant Discharge for discharges to both fresh and marine report will be available from the Elimination System (NPDES) general waters. The RGP does not cover new DOCKETS and from our WIPP Web site. permits to cover discharges of sources as defined under 40 CFR 122.2. Also, the final RGP does not cover EPA will not make a determination contaminated ground and surface waters discharges from utility vaults and regarding the approval of the INL CCP in Massachusetts (MA), New Hampshire manholes, as proposed. Rather, EPA waste characterization program before (NH), as well as in Indian Country lands located in MA, to surface receiving plans to develop a separate general the end of the 45-day comment period permit for that discharge category. ends. waters (waters of the United States) related to the following: groundwater DATES: The general permit shall be Dated: August 3, 2005. remediation activities; construction effective September 9, 2005. See the William L. Wehrum, projects where chemical contamination general permit for specific application Acting Assistant Administrator for Air and is present in the water; well deadlines. Radiation. development or rehabilitation and FOR FURTHER INFORMATION CONTACT: [FR Doc. 05–17926 Filed 9–8–05; 8:45 am] aquifer pump testing at formerly Additional information concerning the BILLING CODE 6560–50–P contaminated sites; clean-up of final permit may be obtained between industrial sumps; hydrostatic testing of the hours of 8 a.m. and 4 p.m., Monday pipelines and tanks; and short-term through Friday, excluding holidays, testing at dredging projects not covered from: (1) Steven Rapp (617–918–1551) by a permit issued by the Army Corps or Roger Janson (617–918–1621), Office of Engineers. of Ecosystem Protection, EPA–NE, 1 The purpose of this document is to Congress St., Suite 1100 (mail code: inform the public that the new general CMP), Boston, MA 02114–2023; e-mail: permit in Massachusetts and New [email protected] or Hampshire, known as the Remediation [email protected]; (2) Mr. Paul General Permit (RGP), is now available. Hogan or Ms. Kathleen. Keohane,

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NPDES Permit Unit, MA DEP, 627 Main is necessary for the proper performance and support systems in many health Street, Worcester, MA 01608; e-mail: of the functions of the agency, including care settings. [email protected] or whether the information shall have The purpose of this study is to [email protected]; and (3) practical utility; (b) the accuracy of the evaluate and understand the effect of a Mr. Jeff Andrews, NH DES, Wastewater agency’s estimate of the burden of the multi-component intervention on CRC Engineering Bureau, P.O. Box 95, proposed collection of information; (c) screening rates in primary care clinics. Concord, NH 03302–0095; e-mail: ways to enhance the quality, utility, and The study will also examine the effects [email protected]. Additionally, clarity of the information to be of the intervention conditions on the Fact Sheet, response to comments, collected; and (d) ways to minimize the behavioral outcomes (e.g., clinician- RGP, and other information, such as the burden of the collection of information suggested notice of intent (NOI) form on respondents, including through the patient discussions about CRC can be accessed on the EPA–NE Web use of automated collection techniques screening) and on attitudes, beliefs, site at: http://www.epa.gov/region1/ or other forms of information opinions, and social influence npdes/mass.html#dgp and http:// technology. Written comments should surrounding CRC screening among www.epa.gov/region1/npdes/ be received within 60 days of this patients, clinicians, and clinic support newhampshire.html#dgp. notice. staff. The target population includes Dated: August 31, 2005. average-risk patients aged 50–80 years, Proposed Project clinicians, and clinic support staff Robert W. Varney, within the primary care clinics in two Regional Administrator, Region 1. Evaluation of an Intervention to Increase Colorectal Cancer Screening in managed care organizations (MCOs). [FR Doc. 05–17927 Filed 9–8–05; 8:45 am] Primary Care Clinics—New—National BILLING CODE 6560–50–P There are three tasks in this study. In Center for Chronic Disease Prevention Task 1, 180 primary care clinicians will and Health Promotion (NCCDPHP), complete a survey assessing Centers for Disease Control and demographics; opinions about DEPARTMENT OF HEALTH AND Prevention (CDC). HUMAN SERVICES preventive services; CRC screening Background and Brief Description: training and practices; satisfaction with Colorectal cancer (CRC) is the third Centers for Disease Control and CRC screening; and CRC screening most frequent form of cancer and the Prevention beliefs, facilitators, and barriers. The second leading cause of cancer-related survey will be administered to primary [60Day–05–0398X] deaths among both men and women in the United States. Research shows that care clinicians pre- and post- Proposed Data Collections Submitted screening can reduce both the intervention. In Task 2, 180 clinic for Public Comment and occurrence of colorectal cancer and support staff will complete a survey Recommendations colorectal cancer deaths. Screening is assessing demographics; work-related responsibilities; opinions about In compliance with the requirement beneficial for: (1) Detection and removal preventive services; CRC training and of Section 3506(c)(2)(A) of the of precancerous polyps, resulting in practices; satisfaction with CRC Paperwork Reduction Act of 1995 for patients recovering without progression opportunity for public comment on to a diagnosis of cancer, and (2) early screening; and CRC screening beliefs, proposed data collection projects, the detection of CRC for more effective facilitators, and barriers. The survey Centers for Disease Control and treatment and improved survival. will be administered to clinic support Prevention (CDC) will publish periodic Regular CRC screening is recommended staff pre- and post intervention. In Task summaries of proposed projects. To for people aged 50 years and older. 3, clinic patients will complete a survey request more information on the Many screening tests are widely assessing demographics, health status; proposed projects or to obtain a copy of available and screening has been shown receipt of previous CRC screening and the data collection plans and to be effective in reducing CRC other preventive services; knowledge instruments, call 404–371–5983 and mortality. Despite this demonstrated and opinions about CRC and CRC send comments to Seleda Perryman, effectiveness, CRC screening remains screening; and social support. The CDC Assistant Reports Clearance low. Some reasons attributed to the low survey will be administered to 4,252 Officer, 1600 Clifton Road, MS–D74, screening rates include limited public patients pre-intervention baseline and Atlanta, GA 30333 or send an e-mail to awareness of CRC and the benefits of 4,252 patients post-intervention follow- [email protected]. screening, failure of health care up. We are requesting OMB clearance Comments are invited on: (a) Whether providers to recommend screening to for one year. There are no costs to the proposed collection of information patients, and inefficient surveillance respondents other than their time.

ESTIMATE OF ANNUALIZED BURDEN HOURS TABLE

Average Number of Number of burden per Total burden Respondents respondents responses per response (in hours) respondent (in hours)

Clinicians ...... 180 2 30/60 180 Clinic Support Staff ...... 180 2 25/60 150 Patients surveyed only at baseline ...... 3002 1 20/60 1,001 Patients surveyed at baseline and follow-up ...... 1250 2 20/60 833 Patients surveyed only at follow-up ...... 3002 1 20/60 1,001

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Dated: August 31, 2005. approved collection; Title of In compliance with the requirement Joan F. Karr, Information Collection: Retiree Drug of section 3506(c)(2)(A) of the Acting Reports Clearance Officer, Centers for Subsidy (RDS) Application and Paperwork Reduction Act of 1995, the Disease Control and Prevention. Instructions; Use: Under the Medicare Centers for Medicare & Medicaid [FR Doc. 05–17892 Filed 9–8–05; 8:45 am] Prescription Drug, Improvement, and Services (CMS), Department of Health BILLING CODE 4163–18–P Modernization Act (MMA) of 2003 and and Human Services, is publishing the implementing regulations at 42 CFR following summary of proposed subpart R plan sponsors (employers, collections for public comment. DEPARTMENT OF HEALTH AND unions) who offer prescription drug Interested persons are invited to send HUMAN SERVICES coverage to their qualified covered comments regarding this burden retirees are eligible to receive a 28% tax- estimate or any other aspect of this Centers for Medicare & Medicaid free subsidy for allowable drug costs. In collection of information, including any Services order to qualify, plan sponsors must of the following subjects: (1) The [Document Identifier: CMS–416 and CMS– submit a complete application to CMS necessity and utility of the proposed 10156] with a list of retirees for whom it information collection for the Proper intends to collect the subsidy; Form performance of the Agency’s function; Agency Information Collection Number: CMS–10156 (OMB#: 0938– (2) the accuracy of the estimated Activities: Proposed Collection; 0957); Frequency: Quarterly, Monthly, burden; (3) ways to enhance the quality, Comment Request Annually; Affected Public: Business or utility, and clarity of the information to AGENCY: Centers for Medicare & other for-profit, Not-for-profit be collected; and (4) the use of Medicaid Services, HHS. institutions, Federal, State, local and/or automated collection techniques or In compliance with the requirement tribal Government; Number of other forms of information technology to of section 3506(c)(2)(A) of the Respondents: 50,000; Total Annual minimize the information collection Paperwork Reduction Act of 1995, the Responses: 50,000; Total Annual Hours: burden. Centers for Medicare & Medicaid 2,025,000. To obtain copies of the supporting 1. Type of Information Collection Services (CMS) is publishing the Request: Extension of a currently following summary of proposed statement and any related forms for the proposed paperwork collections approved collection; Title of collections for public comment. Information Collection: Plan Benefit Interested persons are invited to send referenced above, access CMS’ Web Site address at http://www.cms.hhs.gov/ Package (PBP) and Formulary comments regarding this burden Submission for Medicare Advantage estimate or any other aspect of this regulations/pra/, or e-mail your request, including your address, phone number, (MA) Plans and Prescription Drug Plans collection of information, including any (PDPs); Form No.: CMS–R–262 (OMB # of the following subjects: (1) The OMB number, and CMS document identifier, to [email protected], 0938–0763); Use: Under the Medicare necessity and utility of the proposed Modernization Act (MMA), Medicare information collection for the proper or call the Reports Clearance Office on (410) 786–1326. Advantage (MA) and Prescription Drug performance of the agency’s functions; Plan (PDP) organizations are required to (2) the accuracy of the estimated Written comments and recommendations for the proposed submit plan benefit package information burden; (3) ways to enhance the quality, to CMS for approval. Organizations will utility, and clarity of the information to information collections must be mailed within 60 days of this notice to the provide this information through the be collected; and (4) the use of submission of the formulary and the automated collection techniques or address below: CMS, Office of Strategic Operations and Regulatory Affairs, PBP software; Frequency: On occasion, other forms of information technology to annually and other (as required by new minimize the information collection Division of Regulations Development, Attention: Melissa Musotto, Room C4– legislation); Affected Public: Business or burden. other for-profit and Not-for-profit 1. Type of Information Collection 26–05, 7500 Security Boulevard, Baltimore, Maryland 21244–1850. institutions; Number of Respondents: Request: Extension of a currently 470; Total Annual Responses: 2,092; approved collection; Title of Dated: August 25, 2005. Total Annual Hours: 5,546. Information Collection: Annual Early Michelle Shortt, and Periodic Screening, Diagnostic and To obtain copies of the supporting Director, Regulations Development Group, statement and any related forms for Treatment Services (EPSDT) Office of Strategic Operations and Regulatory Participation Report; Form No.: CMS– Affairs. these paperwork collections referenced above, access CMS Web site address at 416 (OMB #0938–0354); Use: States are [FR Doc. 05–17734 Filed 9–8–05; 8:45 am] http://www.cms.hhs.gov/regulations/ required to submit an annual report on BILLING CODE 4120–01–P the provision of EPSDT services to CMS pra/, or E-mail your request, including pursuant to section 1902(1)(43)(D) of the your address, phone number, OMB Social Security Act. These reports DEPARTMENT OF HEALTH AND number, and CMS document identifier, provide CMS with data necessary to HUMAN SERVICES to [email protected], or call the assess the effectiveness of State EPSDT Reports Clearance Office on (410) 786– programs, to determine a state’s results Centers for Medicare & Medicaid 1326. in achieving its participation goal, and Services Written comments and to respond to inquiries; Frequency: recommendations for these information [Document Identifier: CMS–R–262] Annually; Affected Public: State, local collections will be considered if they are or tribal Government; Number of Agency Information Collection mailed within 30 days of this notice Respondents: 56; Total Annual Activities: Submission for OMB directly to the OMB desk officer: OMB Responses: 56; Total Annual Hours: Review; Comment Request Human Resources and Housing Branch, 1,568. Attention: Christopher Martin, New 2. Type of Information Collection AGENCY: Centers for Medicare & Executive Office Building, Room 10235, Request: Extension of a currently Medicaid Services, HHS. Washington, DC 20503.

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Dated: August 25, 2005. FOR FURTHER INFORMATION CONTACT: Health Care Administration (AHCA) Michelle Shortt, Lourdes Grindal Miller, Health titled ‘‘Disclosure of Medicare and Director, Regulations Development Group, Insurance Specialist, Program Integrity Medicaid Information.’’ Office of Strategic Operations and Regulatory Group, Office of Financial Management, Affairs. CMS, Mail-stop C3–02–16, 7500 SECURITY CLASSIFICATION: [FR Doc. 05–17735 Filed 9–8–05; 8:45 am] Security Boulevard, Baltimore Maryland Level Three Privacy Act Sensitive. BILLING CODE 4120–01–P 21244–1850. The telephone number is PARTICIPATING AGENCIES: 410–786–1022 and e-mail is [email protected]. The Centers for Medicare & Medicaid DEPARTMENT OF HEALTH AND Services, and State of Florida Agency SUPPLEMENTARY INFORMATION: HUMAN SERVICES for Health Care Administration. Description of the Matching Program Centers for Medicare & Medicaid AUTHORITY FOR CONDUCTING MATCHING PROGRAM: Services A. General This CMA is executed to comply with The Computer Matching and Privacy [HHS Computer Match No. 0508; CMS the Privacy Act of 1974 (Title 5 United Protection Act of 1988 (Public Law Computer Match No. 2005–05] States Code (U.S.C.) § 552a), as (Pub. L.) 100–503), amended the Privacy amended, (as amended by Public Law Privacy Act of 1974 Act (5 U.S.C. 552a) by describing the (Pub. L.) 100–503), the Computer manner in which computer matching AGENCY: Department of Health and Matching and Privacy Protection Act involving Federal agencies could be Human Services (HHS), Centers for (CMPPA) of 1988), the Office of performed and adding certain Medicare & Medicaid Services (CMS). Management and Budget (OMB) protections for individuals applying for ACTION: Circular A–130, titled ‘‘Management of Notice of Computer Matching and receiving Federal benefits. Federal Information Resources’’ at 65 Program (CMP). Section 7201 of the Omnibus Budget Federal Register (FR) 77677 (December Reconciliation Act of 1990 (Pub. L. 101– SUMMARY: In accordance with the 12, 2000), 61 FR 6435 (February 20, 508) further amended the Privacy Act requirements of the Privacy Act of 1974, 1996), and OMB guidelines pertaining regarding protections for such as amended, this notice establishes a to computer matching at 54 FR 25818 individuals. The Privacy Act, as CMP that CMS plans to conduct with (June 19, 1989). amended, regulates the use of computer the Florida Agency for Health Care This Agreement provides for matching by Federal agencies when Administration (AHCA). We have information matching fully consistent records in a system of records are provided background information about with the authority of the Secretary of the matched with other Federal, state, or the proposed matching program in the Department of Health and Human local government records. It requires SUPPLEMENTARY INFORMATION section Services (Secretary). Section 1816 of the Federal agencies involved in computer below. The Privacy Act requires that Social Security Act (the Act) permits the matching programs to: CMS provide an opportunity for Secretary to contract with Fiscal 1. Negotiate written agreements with interested persons to comment on the Intermediaries (FI) to ‘‘make such audits the other agencies participating in the proposed matching program. We may of the records of providers as may be defer implementation of this matching matching programs; 2. Obtain the Data Integrity Board necessary to insure that proper program if we receive comments that payments are made under this part,’’ persuade us to defer implementation. approval of the match agreements; 3. Furnish detailed reports about and to ‘‘perform such other functions as See EFFECTIVE DATES section below for are necessary to carry out this comment period. matching programs to Congress and OMB; subsection’’ (42 U.S.C. 1395h(a)). EFFECTIVE DATES: CMS filed a report of 4. Notify applicants and beneficiaries Section 1842 of the Act provides that the CMP with the Chair of the House that the records are subject to matching; the Secretary may contract with entities Committee on Government Reform and and, known as carriers to ‘‘make such audits Oversight, the Chair of the Senate 5. Verify match findings before of the records of providers of services as Committee on Governmental Affairs, reducing, suspending, terminating, or may be necessary to assure that proper and the Administrator, Office of denying an individual’s benefits or payments are made’’ (42 U.S.C. Information and Regulatory Affairs, payments. 1395u(a)(1)(C)); ‘‘assist in the Office of Management and Budget application of safeguards against (OMB) on 09/01/2005. We will not B. CMS Computer Matches Subject to unnecessary utilization of services disclose any information under a the Privacy Act furnished by providers of services and matching agreement until 40 days after CMS has taken action to ensure that other persons to individuals entitled to filing a report to OMB and Congress or all CMPs that this Agency participates benefits’’ (42 U.S.C. 1395u(a)(2)(B)); and 30 days after publication. in comply with the requirements of the ‘‘to otherwise assist * * * in ADDRESSES: The public should address Privacy Act of 1974, as amended. discharging administrative duties comments to: CMS Privacy Officer, necessary to carry out the purposes of Dated: August 30, 2005. Division of Privacy Compliance Data this part’’ (42 U.S.C. 1395u(a)(4)). Development, Enterprise Databases John R. Dyer, Furthermore, § 1874(b) of the Act Group, Office of Information Services, Chief Operating Officer, Centers for Medicare authorizes the Secretary to contract with CMS, Mail-stop N2–04–27, 7500 & Medicaid Services. any person, agency, or institution to Security Boulevard, Baltimore, CMS COMPUTER MATCH No. 2005–05 secure on a reimbursable basis such Maryland 21244–1850. Comments special data, actuarial information, and received will be available for review at NAME: other information as may be necessary this location, by appointment, during ‘‘Computer Matching Agreement in the carrying out of his functions regular business hours, Monday through (CMA) Between the Centers for under this title (42 U.S.C. 1395kk(b)). Friday from 9 a.m.–3 p.m., eastern Medicare & Medicaid Services (CMS) Section 1893 of the Act establishes daylight time. and the State of Florida Agency for the Medicare Integrity Program, under

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which the Secretary may contract with practitioner, provider, and supplier Record File-Claims, Recipient File eligible entities to conduct a variety of enrollment records of Medicare Layout, Provider File Layout. program safeguard activities, including beneficiaries, practitioners, providers, fraud review employing equipment and and suppliers in the State of Florida INCLUSIVE DATES OF THE MATCH: software technologies that surpass the against records of Florida Medicaid The CMP shall become effective no existing capabilities of FIs and carriers beneficiaries, practitioners, providers, sooner than 40 days after the report of (42 U.S.C. 1395ddd)). The contracting and suppliers in the State of Florida. the Matching Program is sent to OMB entities are called Program Safeguards and Congress, or 30 days after DESCRIPTION OF RECORDS TO BE USED IN THE Contractors. publication in the Federal Register, MATCHING PROGRAM: Pursuant to § 409.902, Florida which ever is later. The matching Statutes (F.S.), AHCA is charged with The data for CMS are maintained in program will continue for 18 months the administration of the Medicaid the following Systems of Records: from the effective date and may be program in Florida, and is the single National Claims History (NCH), System extended for an additional 12 months state agency for such purpose. AHCA is No. 09–70–0005 was most recently thereafter, if certain conditions are met. required to operate a program to oversee published in the Federal Register, at 67 FR 57015 (September 6, 2002.) NCH [FR Doc. 05–17846 Filed 9–8–05; 8:45 am] the activities of Florida Medicaid BILLING CODE 4120–03–P recipients and providers to ensure that contains records needed to facilitate fraudulent and abusive behavior occurs obtaining Medicare utilization review data that can be used to study the to the minimum extent possible DEPARTMENT OF HEALTH AND operation and effectiveness of the (§ 409.913, F.S.). HUMAN SERVICES AHCA’s disclosure of the Medicaid Medicare program. Matched data will be data pursuant to this agreement is for released to AHCA pursuant to the Centers for Medicare & Medicaid purposes directly connected with the routine use as set forth in the system Services administration of the Medicaid program, notice. in compliance with 42 CFR 431.300 Carrier Medicare Claims Record, Privacy Act of 1974; Report of a New through 431.307. Those purposes are the System No. 09–70–0501 was published System of Records detection, prosecution and deterrence of in the Federal Register at 67 FR 54428 (August 22, 2002). Matched data will be AGENCY: Department of Health and fraud and abuse (F&A) in the Medicaid Human Services (HHS), Centers for program. released to AHCA pursuant to the routine use as set forth in the system Medicare & Medicaid Services (CMS). PURPOSE(S) OF THE MATCHING PROGRAM: notice. ACTION: Notice of a new System of The purpose of this agreement is to Enrollment Database, System No. 09– Records (SOR). establish the conditions, safeguards, and 70–0502 was published in the Federal procedures under which CMS will Register at 67 FR 3203 (January 23, SUMMARY: In accordance with the conduct a computer matching program 2002). Matched data will be released to requirements of the Privacy Act of 1974, with AHCA to study claims, billing, and AHCA pursuant to the routine use set we are proposing to create a new SOR eligibility information to detect forth in the system notice. titled, ‘‘Data Collection Secondary to suspected instances of Medicare and Intermediary Medicare Claims Coverage Decision (DCSCD) System, Medicaid F&A in the State of Florida. Record, System No. 09–70–0503 was HHS/CMS/OCSQ, System No. 09–70– CMS and AHCA will provide EDS, a published in the Federal Register at 67 0547.’’ National Coverage CMS contractor (hereinafter referred to FR 65982 (October 29, 2002). Matched Determinations (NCDs) are as the ‘‘Custodian’’) with Medicare and data will be released to AHCA pursuant determinations by the Secretary with Medicaid records pertaining to to the routine use as set forth in the respect to whether or not a particular eligibility, claims, and billing which the system notice. item or service is covered nationally Custodian will match in order to merge Unique Physician/Provider under title XVIII of the Social Security the information into a single database. Identification Number, System No. 09– Act (the Act) § 1869(f)(1)(B). In order to Utilizing fraud detection software, the 70–0525, was most recently published be covered by Medicare, an item or information will then be used to in the Federal Register at 69 FR 75316 service must fall within one or more identify patterns of aberrant practices (December 16, 2004). Matched data will benefit categories contained within Part requiring further investigation. The be released to AHCA pursuant to the A or Part B, and must not be otherwise following are examples of the type of routine use as set forth in the system excluded from coverage. Moreover, with aberrant practices that may constitute notice. limited exceptions, the expenses F&A by practitioners, providers, and Medicare Supplier Identification File, incurred for items or services must be suppliers in the State of Florida System No. 09–70–0530 was most ‘‘reasonable and necessary for the expected to be identified in this recently published in the Federal diagnosis or treatment of illness or matching program: (1) Billing for Register, at 67 FR 48184 (July 23, 2002). injury or to improve the functioning of provisions of more than 24 hours of Matched data will be released to AHCA a malformed body member,’’ services in one day, (2) providing pursuant to the routine use as set forth § 1862(a)(1)(A). CMS has determined treatment and services in ways more in the system notice. that the evidence is adequate to statistically significant than similar Medicare Beneficiary Database, conclude that certain identified practitioner groups, and (3) up-coding System No. 09–70–0536 was published diagnoses are reasonable and necessary and billing for services more expensive in the Federal Register at 67 FR 63392 in several patient groups where certain than those actually performed. (December 6, 2001). Matched data will criteria for these patients have been met. be released to AHCA pursuant to the The reasonable and necessary CATEGORIES OF RECORDS AND INDIVIDUALS routine use as set forth in the system determination requires that patients COVERED BY THE MATCH: notice. meet the criteria and are consistent with This CMP will enhance the ability of The data for AHCA are maintained in the trials discussed. Collection of these CMS and AHCA to detect F&A by the following data files: Claims File data elements allows that determination matching claims data, eligibility, and Layouts HIPAA Version, Download File to be made. We are particularly

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interested in seeing evidence that would below if we receive comments that technology. These additional data may permit us to make a coverage or non- persuade us to defer implementation. alter the course of patient treatment coverage decision, i.e., to move a ADDRESSES: The public should address based on the best available evidence, diagnostic indication from coverage comments to the CMS Privacy Officer, and may lead a physician to reconsider under a clinical trial or study to Mail Stop N2–04–27, 7500 Security the use of the item or service or coverage or non-coverage based on Boulevard, Baltimore, Maryland 21244– otherwise alter a patient’s management definitive evidence of benefit, no 1850. Comments received will be plan, potentially improving health benefit, or harm. If adequate new available for review at this location, by outcomes. In addition, these additional evidence is available, the decision may appointment, during regular business data will be made available in some be changed to either ‘‘coverage based on hours, Monday through Friday from 9 form to providers and practitioners to evidence of benefit,’’ ‘‘limited coverage’’ a.m.–3 p.m., eastern daylight time. inform their decisions, monitor or ‘‘non-coverage based on evidence of FOR FURTHER INFORMATION CONTACT: performance quality, benchmark and harm or no benefit.’’ Rosemarie Hakim, Epidemiologist, identify best practices. Collection of The purpose of this system is to Office of Clinical Standards and these data elements allows that collect and maintain data on patients to Quality, CMS, Mail Stop C1–09–06, determination to be made. We will also review determinations of ‘‘reasonable 7500 Security Boulevard, Baltimore, ensure that any future data collection and necessary’’ with respect to whether Maryland 21244–1849. Her telephone system is consistent with the Standards or not a particular item or service is number is (410) 786–3934, or she can be for Privacy of Individually Identifiable covered nationally under title XVIII of reached via e-mail at Health Information and that all issues the Act § 1869(f)(1)(B). Information [email protected]. retrieved from this system will also be related to patient confidentiality, SUPPLEMENTARY INFORMATION: In the case privacy, and compliance with other disclosed to: (1) Support regulatory, of ‘‘limited coverage’’, in NCDs for reimbursement, and policy functions Federal laws will be resolved prior to which additional evidence is required, the collection of any data. performed within the agency or by a CMS has determined that the evidence contractor or consultant; (2) assist is adequate to conclude that the item or I. Description of the Proposed System of another Federal or state agency with service improves net health outcomes Records information to enable such agency to only under specific circumstances. One A. Statutory and Regulatory Basis for administer a Federal health benefits of these circumstances is that the program, or to enable such agency to service is delivered in the context of SOR fulfill a requirement of Federal statute specific data being collected. Coverage The statutory authority for linking or regulation that implements a health may be limited to providers who benefits program funded in whole or in coverage decisions to the collection of participate in and beneficiaries who are additional data is derived from Sec. part with Federal funds; (3) to an enrolled in a defined prospective data 1862 (a)(1)(A) of the Act, which states individual or organization for a research collection activity, when this data that Medicare may not provide payment project or in support of an evaluation collection activity constitutes part of the project related to the prevention of evidence required to ensure that the for items and services unless they are disease or disability, the restoration or item or service provided to that patient ‘‘reasonable and necessary’’ for the maintenance of health, or payment is reasonable and necessary. treatment of illness or injury. In some related projects; (4) support constituent CMS is committed to ensuring that cases, CMS will determine that an item requests made to a congressional advances in medical technology are or service is only reasonable and representative; (5) support litigation available for its Medicare beneficiaries necessary when specific data collections involving the agency; and (6) combat while ensuring the care they receive is accompany the provision of the service. fraud and abuse in certain health reasonable and necessary, which is a In these cases, the collection of data is benefits programs. We have provided necessary condition for payment. The required to ensure that the care background information about the new coverage with evidence development provided to individual patients will system in the SUPPLEMENTARY initiative is intended to enable Medicare improve health outcomes. INFORMATION section below. Although to provide payment for items and B. Collection and Maintenance of Data the Privacy Act requires only that CMS services under conditions that help provide an opportunity for interested assure significant net benefits of the in the System persons to comment on the proposed treatment for beneficiaries, and to give routine uses, CMS invites comments on Information will be collected on rise to additional information. This individuals where CMS has determined all portions of this notice. See EFFECTIVE evidence will also assist doctors and that the evidence is adequate to DATES section for comment period. patients in better understanding the conclude that certain identified EFFECTIVE DATES: CMS filed a new SOR risks, benefits and costs of alternative diagnoses are reasonable and necessary report with the Chair of the House diagnostic and treatment options. Committee on Government Reform and Consequently, the linkage of coverage to in several patient groups where certain Oversight, the Chair of the Senate data collection will also help to ensure criteria for these patients have been met Committee on Governmental Affairs, that individual patients are receiving and the criteria are consistent with the and the Administrator, Office of care that is reasonable and necessary trials reviewed. The collected Information and Regulatory Affairs, given their specific clinical situation; information will contain, but is not Office of Management and Budget systematic, protocol-driven data has the limited to, name, address, telephone (OMB) on 09/01/2005. We will not potential to increase the likelihood of number, health insurance claim (HIC) disclose any information under a improved health outcomes. Care number, geographic location, race/ routine use until 30 days after provided under these protocols may ethnicity, gender, and date of birth, as publication. We may defer lead to greater attention to appropriate well as, background information relating implementation of this SOR or one or patient evaluation and selection, as well to Medicare or Medicaid issues. more of the routine use statements listed as the appropriate application of the

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II. Agency Policies, Procedures, and III. Proposed Routine Use Disclosures and necessary’’ with respect to whether Restrictions on the Routine Use of Data in the System or not a particular item or service is covered nationally under title XVIII of A. Agency Policies, Procedures, and A. The Privacy Act allows us to disclose information without an the Act § 1869(f)(1)(B). Restrictions on the Routine Use 3. To an individual or organization for individual’s consent if the information The Privacy Act permits us to disclose a research project or in support of an is to be used for a purpose that is information without an individual’s evaluation project related to the compatible with the purpose(s) for consent if the information is to be used prevention of disease or disability, the which the information was collected. for a purpose that is compatible with the restoration or maintenance of health, or Any such compatible use of data is purpose(s) for which the information payment related projects. known as a ‘‘routine use.’’ The proposed was collected. Any such disclosure of The DCSCD data will provide for routine uses in this system meet the data is known as a ‘‘routine use.’’ The research or in support of evaluation compatibility requirement of the Privacy government will only release DCSCD projects, a broader, longitudinal, Act. We are proposing to establish the information that can be associated with national perspective of the status of following routine use disclosures of an individual as provided for under Medicare beneficiaries. CMS anticipates information maintained in the system: ‘‘Section III. Proposed Routine Use that many researchers will have 1. To agency contractors or Disclosures of Data in the System.’’ Both legitimate requests to use this data in consultants who have been engaged by identifiable and non-identifiable data projects that could ultimately improve the agency to assist in the performance may be disclosed under a routine use. the care provided to Medicare of a service related to this system of We will only collect the minimum beneficiaries and the policy that governs records and who need to have access to personal data necessary to achieve the the care. purpose of DCSCD. CMS has the the records in order to perform the 4. To a member of Congress or to a following policies and procedures activity. congressional staff member in response We contemplate disclosing concerning disclosures of information to an inquiry of the congressional office information under this routine use only that will be maintained in the system. made at the written request of the in situations in which CMS may enter Disclosure of information from the constituent about whom the record is into a contractual or similar agreement system will be approved only to the maintained. with a third party to assist in extent necessary to accomplish the Beneficiaries sometimes request the accomplishing CMS function relating to purpose of the disclosure and only after help of a member of Congress in purposes for this system of records. CMS: resolving an issue relating to a matter 1. Determines that the use or CMS occasionally contracts out before CMS. The member of Congress disclosure is consistent with the reason certain of its functions when doing so then writes CMS, and CMS must be able that the data is being collected, e.g., to would contribute to effective and to give sufficient information to be provide reimbursement for NCDs and efficient operations. CMS must be able responsive to the inquiry. assist in the collection of data on to give a contractor or consultant 5. To the Department of Justice (DOJ), patients receiving an NCD for primary whatever information is necessary for court or adjudicatory body when: prevention to a data collection process the contractor or consultant to fulfill its a. The agency or any component to assure patient safety and protection duties. In these situations, safeguards thereof, or and to determine that the NCD is are provided in the contract prohibiting b. Any employee of the agency in his reasonable and necessary. the contractor or consultant from using or her official capacity, or 2. Determines that: or disclosing the information for any c. Any employee of the agency in his a. The purpose for which the purpose other than that described in the or her individual capacity where the disclosure is to be made can only be contract and requires the contractor or DOJ has agreed to represent the accomplished if the record is provided consultant to return or destroy all employee, or in individually identifiable form; information at the completion of the d. The United States Government is a b. The purpose for which the contract. party to litigation or has an interest in disclosure is to be made is of sufficient 2. To another Federal or state agency such litigation, and by careful review, importance to warrant the effect and/or to: CMS determines that the records are risk on the privacy of the individual that a. Assist in the review determinations both relevant and necessary to the additional exposure of the record might of ‘‘reasonable and necessary’’ with litigation and that the use of such bring; and respect to whether or not a particular records by the DOJ, court or c. There is a strong probability that item or service is covered nationally adjudicatory body is compatible with the proposed use of the data would in under title XVIII of the Act the purpose for which the agency fact accomplish the stated purpose(s). § 1869(f)(1)(B). collected the records. 3. Requires the information recipient b. Contribute to the accuracy of CMS’s Whenever CMS is involved in to: proper payment of Medicare benefits, litigation, and occasionally when a. Establish administrative, technical, and/or another party is involved in litigation and physical safeguards to prevent c. Enable such agency to administer a and CMS’ policies or operations could unauthorized use of disclosure of the Federal health benefits program, or as be affected by the outcome of the record; necessary to enable such agency to litigation, CMS would be able to b. Remove or destroy at the earliest fulfill a requirement of a Federal statute disclose information to the DOJ, court or time all patient-identifiable information; or regulation that implements a health adjudicatory body involved. and benefits program funded in whole or in 6. To a CMS contractor (including, but c. Agree to not use or disclose the part with Federal funds. not necessarily limited to fiscal information for any purpose other than Other Federal or state agencies in intermediaries and carriers) that assists the stated purpose under which the their administration of a Federal health in the administration of a CMS- information was disclosed. program may require DCSCD administered health benefits program, 4. Determines that the data are valid information in order to assist in the or to a grantee of a CMS-administered and reliable. review determinations of ‘‘reasonable grant program, when disclosure is

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deemed reasonably necessary by CMS to based on small cell sizes (instances personal or property rights of patients prevent, deter, discover, detect, where the patient population is so small whose data are maintained in the investigate, examine, prosecute, sue that individuals who are familiar with system. CMS will collect only that with respect to, defend against, correct, the enrollees could, because of the small information necessary to perform the remedy, or otherwise combat fraud or size, use this information to deduce the system’s functions. In addition, CMS abuse in such program. identity of the beneficiary). will make disclosure from the proposed We contemplate disclosing IV. Safeguards system only with consent of the subject information under this routine use only individual, or his/her legal in situations in which CMS may enter CMS has safeguards in place for representative, or in accordance with an into a contractual relationship or grant authorized users and monitors such applicable exception provision of the with a third party to assist in users to ensure against excessive or Privacy Act. CMS, therefore, does not accomplishing CMS functions relating unauthorized use. Personnel having anticipate an unfavorable effect on to the purpose of combating fraud and access to the system have been trained individual privacy as a result of abuse. in the Privacy Act and information information relating to individuals. CMS occasionally contracts out security requirements. Employees who certain of its functions and makes grants maintain records in this system are John R. Dyer, when doing so would contribute to instructed not to release data until the Chief Operating Officer, Centers for Medicare effective and efficient operations. CMS intended recipient agrees to implement & Medicaid Services. must be able to give a contractor or appropriate management, operational SYSTEM NO. 09–70–0547 grantee whatever information is and technical safeguards sufficient to necessary for the contractor or grantee to protect the confidentiality, integrity and SYSTEM NAME: fulfill its duties. In these situations, availability of the information and ‘‘Data Collection Secondary to safeguards are provided in the contract information systems and to prevent Coverage Decision (DCSCD) System, prohibiting the contractor or grantee unauthorized access. HHS/CMS/OCSQ’’. from using or disclosing the information This system will conform to all for any purpose other than that applicable Federal laws and regulations SECURITY CLASSIFICATION: described in the contract and requiring and Federal, HHS, and CMS policies Level Three Privacy Act Sensitive the contractor or grantee to return or and standards as they relate to Data. destroy all information. information security and data privacy. SYSTEM LOCATION: 7. To another Federal agency or to an These laws and regulations include instrumentality of any governmental but are not limited to: The Privacy Act Centers for Medicare & Medicaid jurisdiction within or under the control of 1974; the Federal Information Services (CMS) Data Center, 7500 of the United States (including any State Security Management Act of 2002; the Security Boulevard, North Building, or local governmental agency), that Computer Fraud and Abuse Act of 1986; First Floor, Baltimore, Maryland 21244– administers, or that has the authority to the Health Insurance Portability and 1850 and at various co-locations of CMS investigate potential fraud or abuse in, Accountability Act of 1996; the E- contractors. a health benefits program funded in Government Act of 2002, the Clinger- CATEGORIES OF INDIVIDUALS COVERED BY THE whole or in part by Federal funds, when Cohen Act of 1996; the Medicare SYSTEM: disclosure is deemed reasonably Prescription Drug Improvement, and Individuals where CMS has necessary by CMS to prevent, deter, Modernization Act (MMA) of 2003, and determined that the evidence is discover, detect, investigate, examine, the corresponding implementing adequate to conclude that certain prosecute, sue with respect to, defend regulations. OMB Circular A–130, identified diagnoses are reasonable and against, correct, remedy, or otherwise Management of Federal Resources, necessary in several patient groups combat fraud or abuse in such programs. Appendix III, Security of Federal where certain criteria for these patients Other agencies may require DCSCD Automated Information Resources also have been met and the criteria are information for the purpose of applies. Federal, HHS, and CMS consistent with the trials reviewed. combating fraud and abuse in such policies and standards include but are Federally-funded programs. not limited to: all pertinent National CATEGORIES OF RECORDS IN THE SYSTEM: Institute of Standards and Technology The data collection should include B. Additional Provisions Affecting publications; HHS Information System baseline patient characteristics. The Routine Use Disclosures Program Handbook and the CMS collected information will contain, but This system contains Protected Health Information Security Handbook. is not limited to, name, address, Information (PHI) as defined by HHS telephone number, health insurance V. Effects of the Proposed System of regulation ‘‘Standards for Privacy of claim (HIC) number, geographic Records on Individual Rights Individually Identifiable Health location, race/ethnicity, gender, and Information’’ (45 CFR parts 160 and 164, CMS proposes to establish this system date of birth, as well as, background 65 FR 82462 (12–28–00), subparts A and in accordance with the principles and information relating to Medicare or E. Disclosures of PHI authorized by requirements of the Privacy Act and will Medicaid issues. these routine uses may only be made if, collect, use, and disseminate and as, permitted or required by the information only as prescribed therein. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: ‘‘Standards for Privacy of Individually Data in this system will be subject to the The statutory authority for linking Identifiable Health Information.’’ authorized releases in accordance with coverage decisions to the collection of In addition, our policy will be to the routine uses identified in this additional data is derived from Sec. prohibit release even of not directly system of records. 1862(a)(1)(A) of the Social Security Act identifiable information, except CMS will take precautionary (the Act), which states that Medicare pursuant to one of the routine uses or measures (see item IV above) to may not provide payment for items and if required by law, if we determine there minimize the risks of unauthorized services unless they are ‘‘reasonable and is a possibility that an individual can be access to the records and the potential necessary’’ for the treatment of illness or identified through implicit deduction harm to individual privacy or other injury. In some cases, CMS will

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determine that an item or service is only under title XVIII of the Act prosecute, sue with respect to, defend reasonable and necessary when specific § 1869(f)(1)(B). against, correct, remedy, or otherwise data collections accompany the b. Contribute to the accuracy of CMS’s combat fraud or abuse in such programs. provision of the service. In these cases, proper payment of Medicare benefits, the collection of data is required to and/or ADDITIONAL PROVISIONS AFFECTING ROUTINE USE DISCLOSURES: ensure that the care provided to c. Enable such agency to administer a individual patients will improve health Federal health benefits program, or as This system contains Protected Health outcomes. necessary to enable such agency to Information (PHI) as defined by fulfill a requirement of a Federal statute Department of Health and Human PURPOSE(S) OF THE SYSTEM: or regulation that implements a health Services (HHS) regulation ‘‘Standards The purpose of this system is to benefits program funded in whole or in for Privacy of Individually Identifiable collect and maintain data on patients to part with Federal funds. Health Information’’ (45 Code of Federal review determinations of ‘‘reasonable 3. To an individual or organization for Regulations (CFR) parts 160 and 164, 65 and necessary’’ with respect to whether a research project or in support of an FR 82462 (12–28–00), subparts A and or not a particular item or service is evaluation project related to the E). Disclosures of PHI authorized by covered nationally under title XVIII of prevention of disease or disability, the these routine uses may only be made if, the Act § 1869(f)(1)(B). Information restoration or maintenance of health, or and as, permitted or required by the retrieved from this system will also be payment related projects. ‘‘Standards for Privacy of Individually disclosed to: (1) Support regulatory, 4. To a member of Congress or to a Identifiable Health Information.’’ reimbursement, and policy functions congressional staff member in response In addition, our policy will be to performed within the agency or by a to an inquiry of the congressional office prohibit release even of not directly contractor or consultant; (2) assist made at the written request of the identifiable information, except another Federal or state agency with constituent about whom the record is pursuant to one of the routine uses or information to enable such agency to maintained. if required by law, if we determine there administer a Federal health benefits 5. To the Department of Justice (DOJ), is a possibility that an individual can be program, or to enable such agency to court or adjudicatory body when: identified through implicit deduction fulfill a requirement of Federal statute a. The agency or any component based on small cell sizes (instances or regulation that implements a health thereof, or where the complaint population is so benefits program funded in whole or in b. Any employee of the agency in his small that individuals who are familiar part with Federal funds; (3) to an or her official capacity, or with the complainants could, because of individual or organization for a research c. Any employee of the agency in his the small size, use this information to project or in support of an evaluation or her individual capacity where the deduce the identity of the complainant). project related to the prevention of DOJ has agreed to represent the POLICIES AND PRACTICES FOR STORING, disease or disability, the restoration or employee, or d. The United States Government is a RETRIEVING, ACCESSING, RETAINING, AND maintenance of health, or payment DISPOSING OF RECORDS IN THE SYSTEM: related projects; (4) support constituent party to litigation or has an interest in requests made to a congressional such litigation, and by careful review, STORAGE: representative; (5) support litigation CMS determines that the records are All records are stored electronically. involving the agency; and (6) combat both relevant and necessary to the RETRIEVABILITY: fraud and abuse in certain health litigation and that the use of such benefits programs. records by the DOJ, court or The data is retrieved by an individual adjudicatory body is compatible with identifier i.e., name of beneficiary. ROUTINE USES OF RECORDS MAINTAINED IN THE the purpose for which the agency SYSTEM, INCLUDING CATEGORIES OR USERS AND collected the records. SAFEGUARDS: THE PURPOSES OF SUCH USES: 6. To a CMS contractor (including, but CMS has safeguards in place for The Privacy Act allows us to disclose not necessarily limited to fiscal authorized users and monitors such information without an individual’s intermediaries and carriers) that assists users to ensure against excessive or consent if the information is to be used in the administration of a CMS- unauthorized use. Personnel having for a purpose that is compatible with the administered health benefits program, access to the system have been trained purpose(s) for which the information or to a grantee of a CMS-administered in the Privacy Act and information was collected. Any such compatible use grant program, when disclosure is security requirements. Employees who of data is known as a ‘‘routine use.’’ We deemed reasonably necessary by CMS to maintain records in this system are are proposing to establish the following prevent, deter, discover, detect, instructed not to release data until the routine use disclosures of information investigate, examine, prosecute, sue intended recipient agrees to implements maintained in the system. Information with respect to, defend against, correct, appropriate management, operational will be disclosed: remedy, or otherwise combat fraud or and technical safeguards sufficient to 1. To agency contractors or abuse in such program. protect the confidentiality, integrity and consultants who have been engaged by 7. To another Federal agency or to an availability of the information and the agency to assist in the performance instrumentality of any governmental information systems and to prevent of a service related to this system of jurisdiction within or under the control unauthorized access. records and who need to have access to of the United States (including any State This system will conform to all the records in order to perform the or local governmental agency), that applicable Federal laws and regulations activity. administers, or that has the authority to and Federal, HHS; and CMS policies 2. To another Federal or state agency investigate potential fraud or abuse in, and standards as they relate to to: a health benefits program funded in information security and data privacy. a. Assist in the review determinations whole or in part by Federal funds, when These laws and regulations include but of ‘‘reasonable and necessary’’ with disclosure is deemed reasonably are not limited to: The Privacy Act of respect to whether or not a particular necessary by CMS to prevent, deter, 1974; the Federal Information Security item or service is covered nationally discover, detect, investigate, examine, Management Act of 2002; the Computer

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Fraud and Abuse Act of 1986; the and group practices performing the to age of compulsory school attendance, Health Insurance Portability and procedures, and outside registries and and their families. To help enrolled Accountability Act of 1996; the E- professional interest groups. children achieve their full potential, Government Act of 2002; the Clinger- Head Start programs provide SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS Cohen Act of 1996; the Medicare comprehensive health, nutritional, OF THE ACT: Prescription Drug Improvement, educational, social and other services. None. Modernization Act (MMA) of 2003, and Section 650 of the Head Start Act the corresponding implementing [FR Doc. 05–17845 Filed 9–8–05; 8:45 am] requires that the Secretary publish a regulations. OMB Circular A–130, BILLING CODE 4120–03–P Biennial Report of the Status of Management of Federal Resources, Children in Head Start Programs. The Appendix III, Security of Federal FY 2003 Biennial Report provides Automated Information Resources also DEPARTMENT OF HEALTH AND information about children enrolled in applies. Federal, HHS, and CMS HUMAN SERVICES the program and the services they policies and standards include but are receive. During FY 2003 more than not limited to: all pertinent National Administration for Children and 909,000 children were enrolled in Head Institute of Standards and Technology Families Start programs. Head Start operated publications; HHS Information Systems Notice of Availability of the Biennial 47,000 classrooms in more than 19,000 Program Handbook and the CMS Report to Congress on the Status of Head Start centers at an average annual Information Security Handbook. Children in Head Start Programs cost per child of $7,092. Over 1,428,000 volunteers contributed their services to RETENTION AND DISPOSAL: AGENCY: Administration on Children, Head Start programs. CMS will retain information for a total Youth and Families (ACYF) Dated: August 30, 2005. period of 10 years. All claims-related Administration for Children and Joan E. Ohl, records are encompassed by the Families (ACF), Department of Health document preservation order and will and Human Services. Commissioner, Administration on Children, Youth and Families. be retained until notification is received ACTION: Notice. from the Department of Justice. [FR Doc. 05–17920 Filed 9–8–05; 8:45 am] SUMMARY: The Administration for BILLING CODE 4184–01–M SYSTEM MANAGER AND ADDRESS: Children and Families announces Director, Office of Clinical Standards publication of the Biennial Report to and Quality, CMS, Room S2–26–17, Congress on the Status of Children in DEPARTMENT OF HEALTH AND 7500 Security Boulevard, Baltimore, Head Start Programs, Fiscal Year (FY) HUMAN SERVICES Maryland 21244–1850. 2003. The report is mandated under Indian Health Service NOTIFICATION PROCEDURE: Section 650 of the Head Start Act, as For the purpose of access, the subject amended, which requires the Secretary National Native American Emergency individual should write to the system of Health and Human Services to submit Medical Services Association manager who will require the system a report to Congress at least once during AGENCY: Indian Health Service, IHS. name, address, age, gender, and for every two-year period on the status of ACTION: verification purposes, the subject children in Head Start programs. During Notice of Single Source individual’s name (woman’s maiden FY 2003 more than 909,000 children Cooperative Agreement with the name, if applicable). were enrolled in Head Start programs National Native American Emergency including 62,000 children in Early Head Medical Services Association. RECORD ACCESS PROCEDURE: Start programs serving children between SUMMARY: The Indian Health Service For the purpose of access, use the birth and three years of age. (IHS) announces the award of a same procedures outlines in EFFECTIVE DATE: September 9, 2005. cooperative agreement that will be Notification Procedures above. ADDRESSES: Persons wishing to receive funded on a competitive continuing Requestors should also reasonably a copy of the Biennial Report to basis to the National Native American specify the record contents being Congress on the Status of Children in Emergency Medical Services sought. (These procedures are in Head Start Programs, FY 2003 may Association (NNAEMSA) for a accordance with Department regulation contact the Head Start Publication demonstration project to improve 45 CFR 5b.5). Center on 866–763–6481. Copies of the emergency medical services for Native report may also be obtained by CONTESTING RECORDS PROCEDURES: American people by improving accessing the Head Start Web site at The subject individual should contact communications between the IHS and http://www.acf.hhs.gov/programs/hsb/ the system manager named above and the Native American Emergency research/index.htm. reasonable identify the records and Medical Services (EMS) providers; by FOR FURTHER INFORMATION CONTACT: specify the information to be contested. improving communications and State the corrective action sought and Frank Fuentes, Acting Associate information among other federal the reasons for the correction with Commissioner, Head Start Bureau, agencies, professional organizations and supporting justification. (These Administration on Children, Youth and Native American EMS providers; and by Procedures are in accordance with Families, 330 C Street, SW., supporting an Annual Educational Department regulation 45 CFR 5b.7). Washington, DC 20447. Conference. SUPPLEMENTARY INFORMATION: The Head Project Period: The cooperative RECORD SOURCE CATEGORIES: Start and Early Head Start programs are agreement is for a five-year project Records maintained in this system are authorized under the Head Start Act (42 period effective on or about September derived from Carrier and Fiscal U.S.C. 9801 et seq.) It is a national 15, 2005 to September 14, 2010. Intermediary Systems of Records, program providing comprehensive Amount of Award(s): Total funding Common Working File System of developmental services to low-income for the project is $450,000. Funding in Records, clinics, institutions, hospitals preschool children, primarily age three the amount of $90,000.00 is available in

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FY 2005. Continuation awards within submitted within 30 days of the end of member training sessions scheduled and an approved project period will be made the half year. Final financial status as travel budget allows. on the basis of satisfactory progress as reports are due within 90 days of FOR FURTHER INFORMATION CONTACT: For evidenced by required reports and the expiration of the budget/project period. program information, contact Cathy availability of funds. Standard Form 269 (long form) will be Stueckemann, Public Health Advisor, Authority: The award is issued under the used for financial reporting. Division of Nursing, Office of Clinical authority of the Public Health Service Act, Justification for Single Source and Preventive Services, IHS Reyes Section 301(a), and is included under the Building, 801 Thompson Avenue, Catalog of Federal Domestic Assistance Previously, this project was awarded Rockville, Maryland, 20852, telephone number 93.933. on a non-competitive continuing basis. (301) 443–2500. The specific objectives of the project With its national focus and years of For grants management information, are: experience and knowledge which contact Denise Clark, Grants 1. The Association will publish, at collectively it represents, NNAEMSA Management Specialist, Division of least three times yearly, a newsletter for fill a niche that no other organization or Grants Operations, Reyes Building, 801 members. The newsletter will be local Native American EMS association Thompson Avenue, Rockville, available in both hard copy and can provide. NNAEMSA is the only Maryland, 20852, telephone (301) 443– electronically. nationwide organization that 5204. 2. The Association will present an specifically represents approximately 80 Dated: September 1, 2005. individual Native American EMS Annual Educational Conference which Robert G. McSwain, supports training and continuing programs. These EMS programs provide care to over half-million Native Deputy Director, Indian Health Service. education for Native American EMS [FR Doc. 05–17941 Filed 9–8–05; 8:45 am] providers such as EMT-Basics, EMT- American people who live on or near BILLING CODE 4165–16–M Intermediates, EMT-Paramedics, Indian reservations or who live in non- physicians, nurses, EMS Medical reservation areas with significant Native Directors, ambulance drivers, and First American populations. The population served by these programs is the same as DEPARTMENT OF HEALTH AND Responders who will receive HUMAN SERVICES Continuing Education Units/Continuing IHS’s user population. NNAEMSA is Medical Education credits. uniquely qualified to provide the National Institutes of Health 3. The Association will act (1) to services listed herein, having the disseminate appropriate and accurate requisite knowledge and experience to Notice of Establishment do so. NNAEMSA has an established information and education regarding Pursuant to the Federal Advisory EMS and EMS providers in Indian record of achievements over the past five years in providing continuing Committee Act, as amended (5 U.S.C. Country to State EMS and State Appendix 2), the Director, National Administering Agencies, national medical education programs of high quality to pre-hospital providers and Institutes of Health (NIH), announces professional organizations and federal the establishment of the Board of agencies and to relay information and valuable tribal EMS expertise to IHS in consultation. Scientific Counselors for Basic Sciences, developments back to its membership National Cancer Institute (Board). and (2) to establish links with other Use of Cooperative Agreement This Committee shall advise the national Indian organizations, A cooperative agreement shall be Director, NIH; the Deputy Director for professional EMS-related groups and Intramural Research, NIH; the Director, federal agencies. awarded because of anticipated substantial programmatic involvements National Cancer Institute (NCI); and the 4. The Association will actively Scientific Director, NCI, on the participate with Department of by IHS staff in the project. The substantial programmatic involvement intramural research programs through Homeland Security, Department of periodic visits to the laboratories for Health and Human Services and is as follows: 1. IHS staff will approve articles to be assessment of the research in progress, Mountain Plains Health Consortium to the proposed research, and evaluation of inform and educate Native American included in the newsletters and may, as requested by the Association, provide the productivity and performance of EMS provider regarding Presidential tenured, tenure track and staff scientist directives concerning adoption and articles. 2. Working with the Association, IHS and physicians. implementation of the National Incident This Board will consist of 30 staff will be involved in the Management System (NIMS) and members, including the Chair, development of the Annual Educational Incident Command System (ICS) and appointed by the Director, NCI, from Conference to include topics of concern other Emergency Preparedness authorities knowledgeable in the fields to the Agency and will be included in requirements for First Responders. of laboratory, clinical and biometric presentations as requested by IHS research, clinical cancer treatment, Reporting Requirements Program Staff or NNAEMSA. cancer etiology, and cancer prevention 3. IHS Program staff will have 1. Progress Report—Program progress and control research in the fields of approval over the hiring of key reports are required semi-annually. interest to NCI. These reports will include a brief personnel as defined by regulation or Duration of this committee is comparison of actual accomplishments provision in the cooperative agreement. continuing unless formally determined to the goals established for the period, 4. IHS Program staff will provide by the Director, NIH, that termination reasons for slippage (if applicable), and technical assistance to the NNAEMSA would be in the best public interest. other pertinent information as required. Board and will attend in person at least A final report must be submitted within one NNAEMSA Board meeting. Dated: August 30, 2005. 90 days of expiration of the budget/ 5. IHS Program staff will provide Elias A. Zerhouni, project period. technical assistance for the NNAEMSA Director, National Institutes of Health. 2. Financial Status Report—Semi- Board member training and will attend [FR Doc. 05–17937 Filed 9–8–05; 8:45 am] annual financial status reports must be in person any NNAEMSA Board BILLING CODE 4140–01–M

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DEPARTMENT OF HEALTH AND amended (5 U.S.C. Appendix 2), notice property such as patentable material, HUMAN SERVICES is hereby given of the following and personal information concerning meeting. individuals associated with the grant National Institutes of Health The meeting will be closed to the applications, the disclosure of which public in accordance with the would constitute a clearly unwarranted National Cancer Institute; Notice of provisions set forth in sections invasion of personal privacy. Closed Meeting 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Name of Committee: National Cancer Pursuant to section 10(d) of the as amended. The grant applications and Institute Special Emphasis Panel, Review of Federal Advisory Committee Act, as the discussions could disclose a Program Project Grant Application. amended (5 U.S.C. Appendix 2), notice confidential trade secrets or commercial Date: October 18–19, 2005. is hereby given of the following property such as patentable material, Time: 6 p.m. to 12 p.m. meetings. and personal information concerning Agenda: To review and evaluate grant The meetings will be closed to the individuals associated with the grant applications. applications, the disclosure of which Place: Gaithersburg Marriott public in accordance with the Washingtonian Center, 9751 Washingtonian provisions set forth in sections would constitute a clearly unwarranted Boulevard, Gaithersburg, MD 20878. 552b(c)(4) and 552(b(c)(6), Title 5 invasion of personal privacy. Contact Person: William D. Merritt, PhD, U.S.C., as amended. The grant Name of Committee: National Cancer Scientific Review Administrator, Grants applications and the discussions could Institute Initial Review Group, Subcommittee Review Branch, National Cancer Institute, disclose confidential trade secrets or A—Cancer Centers. National Institutes of Health, 6116 Executive commercial property such as patentable Date: December 2, 2005. Boulevard, Room 8034, MSC 8328, Bethesda, material, and personal information Time: 8 a.m. to 1 p.m. MD 20892–8328, 301–496–9767. concerning individuals associated with Agenda: To review and evaluate grant (Catalogue of Federal Domestic Assistance applications. the grant applications, the disclosure of Program Nos. 93.392, Cancer Construction; Place: Marriott Bethesda North Hotel & 93.393, Cancer Cause and Prevention which would constitute a clearly Conference Center, 5701 Marinelli Road, Research; 93.394, Cancer Detection and unwarranted invasion of personal North Bethesda, MD 20852. Diagnosis Research; 93.395, Cancer privacy. Contact Person: David E. Maslow, PhD, Treatment Research; 93.396, Cancer Biology Name of Committee: National Cancer Scientific Review Administrator, Resources Research; 93.397, Cancer Centers Support; Institute Initial Review Group, Subcommittee and Training Review Branch, Division of 93.398, Cancer Research Manpower. 93.399, I—Career Development. Extramural Activities, National Cancer Cancer Control, National Institutes of Health, Date: October 25–26, 2005. Institute, 6116 Executive Blvd., Room 8117, HHS) Bethesda, MD 20892–7405, (301) 496–2330, Time: 8 p.m. to 3 p.m. Dated: August 31, 2005. Agenda: To review and evaluate grant [email protected]. Anthony M. Coelho, Jr. applications. (Catalogue of Federal Domestic Assistance Place: Marriott Crystal Gateway, 1700 Program Nos. 93.392, Cancer Construction; Acting Director, Office of Federal Advisory Jefferson Davis Highway, Arlington, VA 93.393, Cancer Cause and Prevention Committee Policy. 22202. Research; 93.394, Cancer Detection and [FR Doc. 05–17936 Filed 9–8–05; 8:45 am] Contact Person: Robert Bird, PhD, Diagnosis Research; 93.395, Cancer BILLING CODE 4140–01–M Scientific Review Administrator, Resources Treatment Research; 93.396, Cancer Biology and Training Review Branch, National Research; 93.397, Cancer Centers Support; Cancer Institute, National Institutes of 93.398; Cancer Research Manpower; 93.399, DEPARTMENT OF HEALTH AND Health, 6116 Executive Blvd., Room 8113, Cancer Control, National Institutes of Health, HUMAN SERVICES MSC 8328, Bethesda, MD 20892–8328. 301– HHS) 496–7978. [email protected]. Dated: August 31, 2005. National Institutes of Health (Catalogue of Federal Domestic Assistance Anthony M. Coelho, Jr., Program Nos. 93.392, Cancer Construction; Acting Director, Office of Federal Advisory National Institute of Mental Health; 93.393, Cancer Cause and Prevention Notice of Closed Meetings Research; 93.394, Cancer Detection and Committee Policy. Diagnosis Research; 93.395, Cancer [FR Doc. 05–17935 Filed 9–8–05; 8:45 am] Pursuant to section 10(d) of the Treatment Research; 93.396, Cancer Biology BILLING CODE 4140–01–M Federal Advisory Committee Act, as Research; 93.397, Cancer Centers Support; amended (5 U.S.C. Appendix 2), notice 93.398, Cancer Research Manpower; 93.399, is hereby given of the following Cancer Control, National Institutes of Health, DEPARTMENT OF HEALTH AND HHS) meetings. HUMAN SERVICES The meetings will be closed to the Dated: September 1, 2005. public in accordance with the Anthony M. Coelho, Jr., National Institutes of Health provisions set forth in sections Acting Director, Office of Federal Advisory 552b(c)(4) and 552b(c)(6). Title 5 U.S.C., Committee Policy. National Cancer Institute; Notice of Closed Meetings as amended. The grant applications and [FR Doc. 05–17933 Filed 9–9–05; 8:45 am] the discussions could disclose BILLING CODE 4140–01–M Pursuant to section 10(d) of the confidential trade secrets or commercial Federal Advisory Committee Act, as property such as patentable material, amended (5 U.S.C. Appendix 2), notice and personal information concerning DEPARTMENT OF HEALTH AND is hereby given of the following individuals associated with the grant HUMAN SERVICES meeting. applications, the disclosure of which The meeting will be closed to the would constitute a clearly unwarranted National Institutes of Health public in accordance with the invasion of personal privacy. provisions set forth in sections National Cancer Institute; Notice of Name of Committee: National Institute of Closed Meeting 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Mental Health Special Emphasis Panel, SRV- as amended. The grant applications and stats. Pursuant to section 10(d) of the the discussions could disclose Date: September 28, 2005. Federal Advisory Committee Act, as confidential trade secrets or commercial Time: 12:45 p.m. to 2:15 p.m.

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Agenda: To review and evaluate grant Date: October 20–21, 2005. material, and personal information applications. Time: 8:30 a.m. to 3 p.m. concerning individuals associated with Place: National Institutes of Health, Agenda: To review and evaluate grant the grant applications, the disclosure of Neuroscience Center, 6001 Executive applications. which would constitute a clearly Boulevard, Rockville, MD 20852 (Telephone Place: Holiday Inn Select Bethesda, 8120 unwarranted invasion of personal Conference Call). Wisconsin Ave., Bethesda, MD 20814. privacy. Contact Person: Martha Ann Carey, PhD, Contact Person: Martha Ann Carey, PhD, RN, Scientific Review Administrator, RN, Scientific Review Administrator, Name of Committee: National Institute of Division of Extramural Activities, National Division of Extramural Activities, National Dental and Craniofacial Research Special Institute of Mental Health, NIH, Institute of Mental Health, NIH, Emphasis Panel, 06–15, Review R21. Neuroscience Center, 6001 Executive Blvd., Neuroscience Center, 6001 Executive Blvd., Date: October 5, 2005. Room 6151, MSC 9608, Bethesda, MD 20892– Room 6151, MSC 9608, Bethesda, MD 20892– Time: 2 p.m. to 4 p.m. 9608, (301) 443–1606, [email protected]. 9608, 301/443–1606, [email protected]. Agenda: To review and evaluate grant Name of Committee: National Institute of Name of Committee: National Institute of applications. Mental Health Special Emphasis Panel, Mental Health Special Emphasis Panel, Place: National Institutes of Health, Career Opportunities in Research Education Epidemiology—National Comorbidity Survey Natcher Building, 45 Center Drive, Bethesda, and Research Training (COR) Honors Replication. MD 20892 (Telephone Conference Call). Program (T34). Date: October 24, 2005. Date: September 29, 2005. Contact Person: Mary Kelly, Scientific Time: 2 p.m. to 3:30 p.m. Review Specialist, National Institute of Time: 3 p.m. to 4:15 p.m. Agenda: To review and evaluate grant Dental & Crainofacial Res., 45 Center Drive, Agenda: To review and evaluate grant applications. applications. Natcher Bldg., RM 4AN38J, Bethesda, MD Place: National Institutes of Health, Place: National Institutes of Health, 20892–6402, (301) 594–4809, Neuroscience Center, 6001 Executive Neuroscience Center, 6001 Executive _ Boulevard, Rockville, MD 20852 (Telephone may [email protected]. Boulevard, Rockville, MD 20852 (Telephone Conference Call). Name of Committee: National Institute of Conference Call). Contact Person: Serena P. Chu, PhD, Dental and Craniofacial Research Special Contact Person: Martha Ann Carey, PhD, Scientific Review Administrator, Division of Emphasis Panel, 06–07, Review R21s (Oral RN, Scientific Review Administrator, Division of Extramural Activities, National Extramural Activities, National Institute of Cancer). Institute of Mental Health, NIH, Mental Health, NIH, Neuroscience Center, Date: November 10, 2005. Neuroscience Center, 6001 Executive Blvd., 6001 Executive Blvd., Room 6154, MSC 9609, Time: 1:30 p.m. to 5 p.m. Room 6151, MSC 9608, Bethesda, MD 20892– Rockville, MD 20892–9609, 301–443–0004, Agenda: To review and evaluate grant 9608, (301) 443–1606, [email protected]. [email protected]. applications. Name of Committee: National Institute of (Catalogue of Federal Domestic Assistance Place: National Institutes of Health, Mental Health Initial Review Group, Services Program Nos. 93.242, Mental Health Research Natcher Building, 45 Center Drive, Bethesda, Research Review Committee. Grants; 93.281, Scientist Development MD 20892 (Telephone Conference Call). Date: October 16–19, 2005. Award, Scientist Development Award for Contact Person: Peter Zelazowski, PhD, Time: 8 a.m. to 5 p.m. Clinicians, and Research Scientist Award; Scientific Review Administrator, Scientific Agenda: To review and evaluate grant 93.282, Mental Health National Research Review Branch, Division of Extramural applications. Service Awards for Research Training, Activities, National Inst of Dental & Place: The William F. Bolger Center for National Institutes of Health, HHS) Crainofacial Research, National Institutes of Leadership Dev., DOLCE Hotel & Conference Dated: August 31, 2005. Health, Bethesda, MD 20892–6402, 301–593– Destination, 9600 Newbridge Drive, Potomac, Anthony M. Coelho, Jr., 4861, [email protected]. MD 20854. Contact Person: Marina Broitman, PhD, Acting Director, Office of Federal Advisory Name of Committee: National Institute of Scientific Review Administrator, Division of Committee Policy. Dental and Craniofacial Research Special Extramural Activities, National Institute of [FR Doc. 05–17934 Filed 9–8–05; 8:45 am] Emphasis Panel, 06–06, Review R21s (Bone). Mental Health, NIH, Neuroscience Center, BILLING CODE 4140–01–M Date: November 15, 2005. 6001 Executive Blvd., Room 6153, MSC 9608, Time: 10:30 a.m. to 3 p.m. Bethesda, MD 20892–9608, (301) 402–8152, Agenda: To review and evaluate grant [email protected]. DEPARTMENT OF HEALTH AND applications. Name of Committee: National Institute of HUMAN SERVICES Place: National Institutes of Health, Mental Health Initial Review Group, Natcher Building, 45 Center Drive, Bethesda, Interventions Research Review Committee. National Institutes of Health MD 20892 (Telephone Conference Call). Date: October 18–19, 2005. Contact Person: Peter Zelazowski, PhD, Time: 9 a.m. to 5 p.m. National Institute of Dental & Scientific Review Administrator, Scientific Agenda: To review and evaluate grant Craniofacial Research; Notice of Review Branch, Division of Extramural applications. Closed Meetings Activities, National Inst of Dental & Place: The William F. Bolger Center for Crainofacial Research, National Institutes of Leadership Dev., DOLCE Hotel & Conference Pursuant to section 10(d) of the Health, Bethesda, MD 20892–6402, 301–593– Destination, 9600 Newbridge Drive, Potomac, Federal Advisory Committee Act, as 4861, [email protected]. MD 20854. amended (5 U.S.C. Appendix 2), notice Contact Person: David I. Sommers, PhD, (Catalogue of Federal Domestic Assistance is hereby given of the following Program Nos. 93.121, Oral Diseases and Scientific Review Administrator, Division of meetings. Extramural Activities, National Institute of Disorder Research, National Institutes of The meetings will be closed to the Mental Health, NIH, Neuroscience Center, Health, HHS) public in accordance with the 6001 Executive Blvd., Room 6144, MSC 9606, Dated: August 30, 2005. Bethesda, MD 20892–9606, 301–443–6470, provisions set forth in sections Anthony M. Coelho, Jr., [email protected]. 552b(c)(4) and 552(b(c)(6), Title 5 Name of Committee: National Institute of U.S.C., as amended. The grant Acting Director, Office of Federal Advisory Committee Policy. Mental Health Special Emphasis Panel, applications and the discussions could NIMH Minority Research Infrastructure disclose confidential trade secrets or [FR Doc. 05–17938 Filed 9–8–05; 8:45 am] Program. commercial property such as patentable BILLING CODE 4140–01–M

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DEPARTMENT OF HEALTH AND substances for validation studies on in consideration by the expert panel prior HUMAN SERVICES vitro test methods for identifying ocular to the meeting. corrosives and severe irritants. The four Persons with disabilities, such as National Institutes of Health in vitro test methods under those who need sign language consideration are the (1) Bovine Corneal interpreters and/or other reasonable National Library of Medicine; Opacity and Permeability (BCOP) assay, accommodation to participate in this Cancellation of Meetings (2) Hen’s Egg Test—Chorion Allantoic meeting at NIEHS, are asked to notify Notice is hereby given of the Membrane (HET–CAM), (3) Isolated NICEATM by September 8, 2005. cancellation of the Commission on Rabbit Eye (IRE) assay, and (4) Isolated ADDRESSES: The teleconference will Systemic Interoperability, September Chicken Eye (ICE) assay. The revised originate from Room 3162, 3rd Floor, 13, 2005, 8 a.m. to 4 p.m., Hubert H. analyses and revised list of proposed NIEHS, 79 T.W. Alexander Drive, Bldg. Humphrey Building, Room 800, 200 reference substances are available in an 4401, Research Triangle Park, NC. A Independence Avenue, Washington, DC addendum to the draft Background government-approved photo ID is 20201, cancellation of the Commission Review Documents (BRDs) for the four required to access the meeting. on Systemic Interoperability methods (available at http:// Correspondence should be sent by Teleconference, October 11, 2005, iccvam.niehs.nih.gov/methods/ocudocs/ mail, fax, e-mail, or through hand 3 p.m. to 4:30 p.m., National Library of reanalysis.htm). A previous Federal delivery/courier to Dr. Raymond Tice at Medicine, Conference Room B, Building Register notice solicited public NICEATM, NIEHS, PO Box 12233, MD 38, 2nd Floor, Bethesda, Maryland comment on the revised analyses and EC–17, Research Triangle Park, NC 20894, and the cancellation of the revised list of proposed reference 27709, (phone) 919–541–4482, (fax) Commission on Systemic substances (Vol. 70, No. 142, pg. 43149, 919–541–0947, (e-mail) Interoperability, October 24, 2005, July 26, 2005). Comments submitted in [email protected]. 8 a.m. to 1 p.m., Hubert H. Humphrey response to the July 26, 2005 Federal Courier address: NICEATM, 79 T.W. Building, Room 800, 200 Independence Register notice will be considered at the Alexander Drive, Building 4401, Room Avenue, Washington, DC 20201, all of expert panel meeting and do not need 3129, Research Triangle Park, NC 27709. which were published in the Federal to be resubmitted. The public is invited SUPPLEMENTARY INFORMATION: Register on July 13, 2005, 70 FR 40392. to attend the teleconference and will be These meetings are cancelled, as they provided with an opportunity to make Background are no longer necessary to complete oral comments during the public On November 3, 2004, NICEATM Commission activities. comment period. Interested individuals released draft BRDs that provided Dated: August 31, 2005. can attend the meeting via a phone line information about the current validation Anthony M. Coelho, Jr., or in person at the NIEHS campus (see status of the four in vitro test methods ADDRESSES below). Participation is Acting Director, Office of Federal Advisory for detecting ocular corrosives and Committee Policy. limited only by the number of phone severe irritants (Federal Register, Vol. lines available and by the number of [FR Doc. 05–17940 Filed 9–8–05; 8:45 am] 69, No. 212, pp. 64081–64082, available seats at the teleconference site. BILLING CODE 4140–01–M November 3, 2004). In conjunction with Additional meeting information may be ICCVAM, NICEATM convened an obtained on the ICCVAM/NICEATM expert panel meeting on January 11–12, DEPARTMENT OF HEALTH AND Web site (http://iccvam.niehs.nih.gov) 2005, to independently assess the HUMAN SERVICES or by contacting NICEATM (see validation status of the four in vitro test ADDRESSES below). methods. The expert panel report and National Institutes of Health DATES: The expert panel meeting will be background information for this meeting held via teleconference on Monday, are available at http:// National Toxicology Program (NTP); September 19, 2005, beginning at 9 a.m. iccvam.niehs.nih.gov/methods/ NTP Interagency Center for the eastern daylight time (e.d.t.) and eyeirrit.htm. Public comments at the Evaluation of Alternative Toxicological continuing until adjournment meeting indicated that additional data Methods (NICEATM); Announcement (approximately 12 p.m. e.d.t.). could be made available that had not of Expert Panel Meeting To Evaluate Requests to attend the meeting via the been provided in response to earlier Revised Analyses and Proposed telephone or in person must be received requests for data announced in the Reference Substances for In Vitro Test no later than September 12, 2005, to Federal Register in March (Vol. 69, No. Methods for Identifying Ocular ensure access (see ADDRESSES below). 57, pp. 13859–13861, March 24, 2004) Corrosives and Severe Irritants We encourage all individuals who plan and November 2004). The expert panel AGENCY: National Institute of to attend this meeting to register online recommended that NICEATM conduct a Environmental Health Sciences at the NICEATM Web site (http:// reanalysis of the accuracy and reliability (NIEHS), National Institutes of Health iccvam.niehs.nih.gov/), but requests of each test method that would include (NIH), Department of Health and Human may also be submitted by e-mail, these data. In response to this Services (HHS). telephone, fax, or through hand recommendation, NICEATM published ACTION: Meeting announcement and delivery/courier (see ADDRESSES below). a notice in the Federal Register (Vol. 70, opportunity for public comment. Persons wishing to make oral No. 38, pp. 9661–9662, February 28, comments during the teleconference 2005) requesting additional in vitro data SUMMARY: NICEATM announces a must notify NICEATM no later than on these four in vitro ocular irritancy second meeting of an expert panel by September 12, 2005 (see ADDRESSES test methods, corresponding in vivo teleconference on September 19, 2005, below). In lieu of oral comments, rabbit eye test method data, as well as to evaluate (1) revised accuracy and individuals may provide written any human ocular exposure/injury data reliability analyses of four in vitro test comments for distribution to the expert (either from ethical human studies or methods proposed for detecting ocular panel prior to the meeting. Written accidental exposure). Subsequently, corrosives and severe irritants and (2) a comments should be received by NICEATM received additional in vitro revised list of proposed reference September 15, 2005, in order to enable and in vivo data that were used for the

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revised accuracy and reliability analyses applicability, and promotes the seeking comments, pertaining and considered in revising the list of scientific validation and regulatory specifically to maritime safety and proposed reference substances. acceptance of toxicological test methods security aspects of the proposed LNG In preparation for this teleconference, that more accurately assess the safety facility. In preparation for issuance of an NICEATM released the revised accuracy and hazards of chemicals and products LOR and the completion of certain other and reliability analyses and the revised and that refine, reduce, and replace regulatory mandates, the COTP list of proposed reference substances as animal use. The ICCVAM Authorization Portland, OR, will consider comments an addendum to the draft BRDs and Act of 2000 (Pub. L. 106–545, available received from the public as input into announced its availability in the July 26, at http://iccvam.niehs.nih.gov/about/ a formalized risk assessment process. 2006 Federal Register notice. Following PL106545.htm) establishes ICCVAM as a This process will assess the safety and the expert panel teleconference, a permanent interagency committee of the security aspects of the facility, adjacent second expert panel report will be NIEHS under the NICEATM. NICEATM port areas, and navigable waterways. published and made available for public administers the ICCVAM and provides DATES: All written comments and comment. ICCVAM will consider both scientific and operational support for related material must reach the Coast expert panel reports, other relevant ICCVAM-related activities. NICEATM Guard on or before October 6, 2005. In background materials, and all comments and ICCVAM work collaboratively to addition, a public meeting will be held received from the public and the evaluate new and improved test Thursday, September 29, 2005 at 7 p.m. Scientific Advisory Committee on methods applicable to the needs of Those who plan to speak at the meeting Alternative Toxicological Methods Federal agencies. Additional should provide their name by (SACATM) on this topic in finalizing information about ICCVAM and September 22, 2005 to Lieutenant ICCVAM recommendations for these NICEATM can be found at the following Shadrack Scheirman using one of the test methods. Web site: http:// methods listed under FOR FURTHER Opportunity for Public Comment www.iccvam.niehs.nih.gov. INFORMATION CONTACT. The comment Public comments may be made on the Dated: August 30, 2005. period associated with the public revised accuracy and reliability analyses Samuel H. Wilson, meeting will remain open for seven days for BCOP, HET–CAM, ICE, and IRE and Deputy Director, National Institute of following the meeting. The meeting on the proposed list of reference Environmental Health Sciences. location is: Knappa High School, 41535 substances. In lieu of oral comments, [FR Doc. 05–17939 Filed 9–8–05; 8:45 am] Old Highway 30, Astoria, OR 97102, individuals may provide written BILLING CODE 4140–01–P 503–458–6166. comments for distribution to the expert ADDRESSES: You may submit written panel prior to the meeting. Written comments to Commanding Officer, U.S. comments should be received no later DEPARTMENT OF HOMELAND Coast Guard Sector Portland. Sector than September 15, 2005, to enable SECURITY Portland maintains a file for this notice. consideration by the expert panel prior Comments and material received will to the meeting. Written comments Coast Guard become part of this file and will be received in response to the July 26, 2005 [CGD13–05–017] available for inspection and copying at Federal Register notice announcing Sector Portland between 8 a.m. and 3 availability of the addendum to the draft Letter of Recommendation, Proposed p.m. Monday through Friday, except BRDs do not need to be resubmitted. If LNG Project Northern Star Natural Gas Federal holidays. written comments are submitted, LLC, Bradwood, Clatsop County, OR FOR FURTHER INFORMATION CONTACT: If appropriate contact information (name, you have questions on this notice, AGENCY: affiliation, mailing address, phone, fax, Coast Guard, DHS. contact Lieutenant Shadrack Scheirman email and sponsoring organization, if ACTION: Request for comments; notice of at Sector Portland by one of the methods applicable) should be included. Written public meeting. listed below: comments will be posted on the NICEATM/ICCVAM Web site and made SUMMARY: In accordance with the (1) Phone at (503) 247–4015 available to the expert panel and the requirements in 33 CFR 127.009, the (2) E-mail at ICCVAM. Persons wishing to make oral U.S. Coast Guard Captain of the Port [email protected] comments during the teleconference (COTP) Portland, Oregon is preparing a (3) Fax to (503) 240–2586 (one speaker per organization) must Letter of Recommendation (LOR) as to SUPPLEMENTARY INFORMATION: the suitability of the Columbia River for notify NICEATM by no later than Request for Written Comments September 12, 2005. Speakers will be liquefied natural gas (LNG) marine assigned on a consecutive basis and traffic. This LOR will encompass the We encourage you to submit written comments will be limited to no more marine safety and security aspects comments and related material than four minutes per speaker. Due to associated with the proposed Northern pertaining specifically to marine safety logistical issues it may not be possible Star Natural Gas LLC (Northern Star) and security aspects associated with the for persons who do not pre-register to LNG facility. The LOR is in response to proposed Northern Star LNG facility. If make oral comments. a Letter of Intent (LOI) submitted by you do so, please include your name Northern Star to operate an LNG facility and address, identify the docket number Background Information on ICCVAM in Bradwood, Clatsop County, Oregon. for this notice ([CGD13–05–017]), and and NICEATM Because the proposed LNG facility give the reason for each comment. You ICCVAM is an interagency committee would be located in state waters, the may submit your comments and related composed of representatives from 15 Federal Energy Regulatory Commission material by mail, or hand delivery, as Federal regulatory and research agencies (FERC) is the lead Federal agency for described in ADDRESSES, or you may that use or generate toxicological this proposed project. The COTP send them by fax or e-mail using the information. ICCVAM conducts Portland, OR is soliciting written contact information under FOR FURTHER technical evaluations of new, revised, comments and related material, and will INFORMATION CONTACT. To avoid and alternative methods with regulatory join FERC in holding a public meeting confusion and duplication, please

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submit your comments and material by Northern Star Natural Gas terminal as the facility’s security plan (33 CFR only one means. would handle approximately 96 vessels 105.410). If you submit comments by mail or per year, depending upon natural gas The Coast Guard will also provide hand delivery, submit them in an demand, and carrier size, with input to other Federal, State, and local unbound format, no larger than 81⁄2 by shipments arriving about every four government agencies reviewing the 11 inches, suitable for copying and days. project. Under an interagency electronic filing. If you submit them by The U.S. Coast Guard exercises agreement, the Coast Guard will provide mail and would like to know that they regulatory authority over LNG facilities input to, and coordinate with FERC, the reached U.S. Coast Guard Sector which affect the safety and security of lead Federal agency for authorizing the Portland, please enclose a stamped, self- port areas and navigable waterways siting and construction of onshore LNG addressed postcard or envelope. under Executive Order 10173, the facilities, on safety and security aspects Public Meeting Magnuson Act (50 U.S.C. 191), the Ports of the Northern Star project, including and Waterways Safety Act of 1972, as both the marine and land-based aspects Due to the scope and complexity of amended (33 U.S.C. 1221, et seq.) and of the project. this project, we have decided to hold a the Maritime Transportation Security In order to complete a thorough joint public meeting with FERC to allow Act of 2002 (46 U.S.C. 701). The Coast analysis and fulfill the regulatory the public the opportunity to comment Guard is responsible for matters related mandates cited above, the COTP on the proposed LNG facility. FERC will to navigation safety, vessel engineering Portland, OR, will be conducting a issue a separate notice for the public and safety standards, and all matters formal risk assessment, evaluating meeting listed under DATES above, pertaining to the safety of facilities or various safety and security aspects regarding the public’s opportunity to equipment located in or adjacent to associated with Northern Star’s comment on the environmental aspects navigable waters up to the last valve proposed project. This risk assessment of the facility siting. immediately before the receiving tanks. will be accomplished through a series of With advance notice, organizations The Coast Guard also has authority for and members of the public may provide workshops focusing on the areas of LNG facility security plan review, waterways safety, port security, and oral statements regarding the suitability approval, and compliance verification of the Columbia River for LNG vessel consequence management, with as provided in title 33 CFR part 105, and involvement from a broad cross-section traffic. In the interest of time and use of recommendation for siting as it pertains the public meeting facility, oral of government and port stakeholders to the management of vessel traffic in with expertise in each of the respective statements should be limited to five and around the LNG facility. minutes. Persons wishing to make oral areas. The workshops will be by Upon receipt of an LOI from an owner invitation only. However, comments statements should notify Lieutenant or operator intending to build a new Shadrack Scheirman using one of the received during the public comment LNG facility, the Coast Guard COTP period will be considered as input into methods listed under FOR FURTHER conducts an analysis that results in a the risk assessment process. INFORMATION CONTACT by September 22, letter of recommendation issued to the 2005. Written comments may be owner or operator and to the state and Additional Information submitted at the meeting or to the local governments having jurisdiction, Additional information about the Docket up to October 6, 2005. addressing the suitability of the project is available from the FERC’s Background and Purpose waterway to accommodate LNG vessels. Office of External Affairs at 1–866–208 Specifically, the letter of In accordance with the requirements FERC (3372) or on the FERC Internet recommendation addresses the of 33 CFR 127.007, Northern Star Web site (http://www.ferc.gov). Using suitability of the waterway based on: the ‘‘eLibrary’’ link, select ‘‘General submitted an LOI on March 16, 2005, to • The physical location and layout of operate an LNG facility in Bradwood, Search’’ from the eLibrary menu, enter the facility and its berthing and mooring the selected date range and the FERC’s Clatsop County, Oregon. arrangements. FERC will be the lead agency for the Docket Number PF05–10, and follow the • The LNG vessels’ characteristics Environmental Impact Statement (EIS) instructions. Searches may also be done and the frequency of LNG shipments to mandated by the National using the phrases ‘‘Northern Star’’ or the facility. Environmental Policy Act (NEPA). To • ‘‘Bradwood Landing LNG’’ in the ‘‘Text Commercial, industrial, Search’’ field. For assistance with access help FERC make sure that the EIS covers environmentally sensitive, and the Coast Guard’s LOR and other actions to eLibrary, the helpline can be reached residential areas in and adjacent to the at 1 866 208 3676, TTY (202) 502–8659, under this proposal, the Coast Guard waterway used by the LNG vessels en will serve as a cooperating agency. or at [email protected]. The route to the facility. eLibrary link on the FERC Internet Web The proposed terminal is an LNG • Density and character of marine site also provides access to the texts of import, storage, and re-gasification traffic on the waterway. formal documents issued by the facility. LNG carriers (ships) would • Bridges or other manmade Commission, such as orders, notices, berth at a new pier and LNG would be obstructions in the waterway. transferred by pipeline from the carriers • Depth of water. and rule makings. to one of three storage tanks, each with • Tidal range. Northern Star has also established an a net capacity of 165,000 cubic meters • Natural hazards, including rocks Internet Web site for its project at (m3). The LNG would then be re-gasified and sandbars. http://www.Northernstar-NG.com. The and metered into natural gas pipelines. • Underwater pipelines and cables. Web site includes a project overview, LNG would be delivered to the terminal • Distance of berthed LNG vessels contact information, regulatory in double-hulled LNG carriers ranging from the channel, and the width of the overview, and construction procedures. in capacity from 100,000 m3 to 250,000 channel. For information on facilities or m3. The larger carriers would measure In addition, the Coast Guard will services for individuals with up to approximately 965 feet long with review and approve the facility’s disabilities, or to request assistance at up to approximately a 150 foot wide operations manual and emergency the meeting, contact Lieutenant beam, and draw 40 feet of water. The response plan (33 CFR 127.019), as well Shadrack Scheirman listed under FOR

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FURTHER INFORMATION CONTACT as soon Information Relay Service on (800) 877– Dominique Blom, Acting Deputy as possible. 8339. Assistant Secretary, 451 Seventh Street, Dated: August 30, 2005. SUPPLEMENTARY INFORMATION: On July SW., Room 4130, Washington, DC Patrick G. Gerrity, 21, 2005 (70 FR 42150), HUD published 20410–5000. Captain, U.S. Coast Guard, Captain of the the Notice of Funding Availability Dated: September 2, 2005. (NOFA) for Fiscal Year (FY) 2004 HOPE Port. Paula O. Blunt, [FR Doc. 05–17833 Filed 9–8–05; 8:45 am] VI Main Street Grants Notice announcing the availability of General Deputy Assistant Secretary for Public BILLING CODE 4910–15–P approximately $5 million in funds to and Indian Housing. produce affordable housing in HUD- [FR Doc. 05–17950 Filed 9–6–05; 4:19 pm] defined Main Street rejuvenation areas. BILLING CODE 4210–33–M DEPARTMENT OF HOUSING AND In a Federal Register notice published URBAN DEVELOPMENT on August 1, 2005 (70 FR 44110), HUD announced several corrections to the DEPARTMENT OF HOUSING AND [Docket No. FR–4962–N–03] NOFA, including the requirement that URBAN DEVELOPMENT only paper submissions may be Notice of Funding Availability for accepted. [Docket No. FR–4980–N–36] Fiscal Year (FY) 2004 HOPE VI Main Due to Hurricane Katrina, which Street Grants; Notice of Extension of caused widespread damage and power Federal Property Suitable as Facilities Application Submission Date for Areas outages in the entire state of Louisiana; To Assist the Homeless Affected by Hurricane Katrina the entire state of Mississippi; the Alabama counties of Baldwin, Bibb, AGENCY: AGENCY: Office of the Assistant Office of the Assistant Calhoun, Clarke, Choctaw, Green, Hale, Secretary for Public and Indian Secretary for Community Planning and Jefferson, Mobile, Shelby, Sumter, Development, HUD. Housing, HUD. Tuscaloosa, and Washington; and the ACTION: Notice of extension of Florida counties of Broward, Miami- ACTION: Notice. application submission date for Dade, Monroe, and Palm Beach, HUD applicants submitting applications from has extended the application SUMMARY: This Notice identifies areas affected by Hurricane Katrina. submission deadline for the FY 2005 unutilized, underutilized, excess, and HOPE VI Main Street Grants NOFA to surplus Federal property reviewed by SUMMARY: This notice announces that September 7, 2005. HUD is aware that HUD for suitability for possible use to HUD has extended the submission recovery of many areas will not occur assist the homeless. deadline date for the Fiscal Year (FY) before this date. The period of this 2004 HOPE VI Main Street Grants extension has been limited because EFFECTIVE DATE: September 9, 2005. Notice of Funding Availability (NOFA) funding for this NOFA expires on FOR FURTHER INFORMATION CONTACT: for those applicants located in areas September 30, 2005, and must be Kathy Ezzell, Department of Housing designated by the President as disaster returned to the U.S. Treasury if not and Urban Development, Room 7262, areas, and other areas that experienced awarded by that date. The below listed 451 Seventh Street SW., Washington, major power outages due to Hurricane areas were designated by the President DC 20410; telephone (202) 708–1234; Katrina. These areas include the entire as federal disaster areas, or experienced TTY number for the hearing- and state of Louisiana; the entire state of major power outages; thus, this Mississippi; the Alabama counties of speech-impaired (202) 708–2565, (these extension affects only applicants located telephone numbers are not toll-free), or Baldwin, Bibb, Calhoun, Clarke, in the entire state of Louisiana; the Choctaw, Green, Hale, Jefferson, Mobile, call the toll-free Title V information line entire state of Mississippi; the Alabama at 1–800–927–7588. Shelby, Sumter, Tuscaloosa, and counties of Baldwin, Bibb, Calhoun, Washington; and the Florida counties of Clarke, Choctaw, Green, Hale, Jefferson, SUPPLEMENTARY INFORMATION: In Broward, Miami-Dade, Monroe, and Mobile, Shelby, Sumpter, Tuscaloosa, accordance with the December 12, 1988 Palm Beach. The application and Washington; and the Florida court order in National Coalition for the submission deadline for this funding counties of Broward, Miami-Dade, Homeless v. Veterans Administration, opportunity was September 2, 2005. For Monroe, and Palm Beach. No. 88–2503–OG (D.D.C.), HUD those applicants located in one of these HUD will accept applications to the publishes a Notice, on a weekly basis, states or counties, the revised FY 2004 Main Street VI Main Street identifying unutilized, underutilized, submission date is September 7, 2005 at Grants NOFA from applicants of the excess and surplus Federal buildings 5:15 p.m. For applicants unaffected by affected states or counties listed above and real property that HUD has Hurricane Katrina, the submission through hard copy (paper) submission reviewed for suitability for use to assist deadline remains unchanged. consistent with the instructions in the the homeless. Today’s Notice is for the FOR FURTHER INFORMATION CONTACT: Lar August 1, 2005 correction. In order to purpose of announcing that no Gnessin, Office of Public Housing ensure timely receipt, HUD strongly additional properties have been Investments, Office of Public and Indian recommends applicants use an determined suitable or unsuitable this Housing, Department of Housing and overnight delivery method to ensure week. Urban Development, 451 Seventh Street, timely receipt of paper applications. Dated: September 1, 2005. SW., Washington, DC 20410–5000; Hand deliveries will not be accepted. telephone (202) 708–0614 extension Hard copy submissions should be sent Mark R. Johnston, 2676 (this is not a toll-free number). to the appropriate address listed as Director, Office of Special Needs Assistance Hearing- or speech-impaired individuals follows: FY 2004 Main Street VI Main Programs. may access this telephone number via Street Grants Program: Department of [FR Doc. 05–17728 Filed 9–8–05; 8:45 am] TTY by calling the toll-free Federal Housing and Urban Development, Attn: BILLING CODE 4210–29–M

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DEPARTMENT OF THE INTERIOR administered by a tribal government Yurok Tribe through a self-governance funding E. Office of Surface Mining and Office of the Secretary agreement. The Department interprets Reclamation Enforcement (none) this provision to authorize the inclusion F. U.S. Fish and Wildlife Service (2) List of Programs Eligible for Inclusion of programs eligible for self- Council of Athabascan Tribal in Fiscal Year 2006 Funding determination contracts under Title I of Governments Agreements To Be Negotiated With the Indian Self-Determination and Confederated Salish and Kootenai Self-Governance Tribes by Interior Education Assistance Act (P.L. 93–638, Tribes of the Flathead Reservation Bureaus Other Than the Bureau of as amended). Section 403(b)(2) also G. U.S. Geological Survey (none) Indian Affairs specifies ‘‘nothing in this subsection H. Office of the Special Trustee for American Indians (three) AGENCY: may be construed to provide any tribe Office of the Secretary, Interior. Cherokee Nation of Oklahoma ACTION: Notice. with a preference with respect to the opportunity of the tribe to administer Confederated Salish and Kootenai SUMMARY: This notice lists programs or programs, services, functions and Tribes of the Flathead Reservation portions of programs that are eligible for activities, or portions thereof, unless Wyandotte Tribe of Oklahoma inclusion in Fiscal Year 2006 funding such preference is otherwise provided III. Eligible Programs of the Department agreements with self-governance tribes for by law.’’ of the Interior Non-BIA Bureaus (2) Under section 403(c) of the Act, and lists programmatic targets for each Below is a listing by bureau of the the Secretary may include other of the non-BIA bureaus, pursuant to types of non-BIA programs, or portions programs, services, functions, and section 405(c)(4) of the Tribal Self- thereof, that may be eligible for self- activities or portions thereof that are of Governance Act. governance funding agreements because ‘‘special geographic, historical, or DATES: This notice expires on they are either ‘‘otherwise available to cultural significance’’ to a self- September 30, 2006. Indians’’ under Title I and not governance tribe. ADDRESSES: Inquiries or comments precluded by any other law, or may Under section 403(k) of the Tribal regarding this notice may be directed to have ‘‘special geographic, historical, or Self-Governance Act, funding Dr. Ken Reinfeld, Office of Self- cultural significance’’ to a participating agreements cannot include programs, Governance and Self-Determination tribe. The lists represent the most services, functions, or activities that are (MS–4618, MIB), 1849 C Street NW., current information on programs inherently Federal or where the statute Washington, DC 20240–0001, telephone: potentially available to tribes under a establishing the existing program does (202) 208–5734, fax: (202) 219–1404, or self-governance funding agreement. not authorize the type of participation to the bureau points of contact listed The Department will also consider for sought by the tribe. However, a tribe (or below. inclusion in funding agreements other tribes) need not be identified in the programs or activities not included SUPPLEMENTARY INFORMATION: authorizing statutes in order for a below, but which, upon request of a program or element to be included in a I. Background self-governance tribe, the Department self-governance funding agreement. Title II of the Indian Self- determines to be eligible under either While general legal and policy guidance Determination Act Amendments of 1994 sections 403(b)(2) or 403(c) of the Act. regarding what constitutes an inherently (Pub. L. 103–413, the ‘‘Tribal Self- Tribes with an interest in such potential Federal function exists, we will Governance Act’’, or the ‘‘Act’’) agreements are encouraged to begin determine whether a specific function is instituted a permanent self-governance discussions with the appropriate non- inherently Federal on a case-by-case program at the Department of the BIA bureau. basis considering the totality of Interior (DOI). Under the self- circumstances. A. Eligible Programs of the Bureau of governance program certain programs, Land Management (BLM) services, functions, and activities, or Response to Comments BLM management responsibilities portions thereof, in Interior bureaus The Department provided the cover a wide range of areas, such as other than BIA are eligible to be proposed list to the self-governance recreational activities, timber, range and planned, conducted, consolidated, and tribes on April 18, 2005 for their review minerals management, wildlife habitat administered by a self-governance tribal and comment. No comments were management and watershed restoration. government. received. Several minor editorial and In addition, BLM is responsible for the Under section 405(c) of the Tribal technical changes provided by Interior’s survey of certain Federal and tribal Self-Governance Act, the Secretary of bureaus were incorporated. the Interior is required to publish lands. Two programs provide tribal annually: (1) A list of non-BIA II. Funding Agreements Between Self- services: (1) Tribal and allottee minerals programs, services, functions, and Governance Tribes and Non-BIA management; and (2) Survey of tribal activities, or portions thereof, that are Bureaus of the Department of the and allottee lands. eligible for inclusion in agreements Interior BLM carries out some of its activities negotiated under the self-governance A. Bureau of Land Management (none) in the management of public lands program; and (2) programmatic targets B. Bureau of Reclamation (4) through contracts and cooperative for these bureaus. Gila River Indian Community agreements. These and other activities, Under the Tribal Self-Governance Act, Karuk Tribe of California dependent upon availability of funds, two categories of non-BIA programs are Duckwater Shoshone Tribe of Nevada the need for specific services, and the eligible for self-governance funding Yurok Tribe self-governance tribe demonstrating a agreements: C. Minerals Management Service (none) special geographic, cultural, or (1) Under section 403(b)(2) of the Act, D. National Park Service (4) historical connection, may also be any non-BIA program, service, function Grand Portage Band of Lake Superior available for inclusion in self- or activity that is administered by Chippewa Indians governance funding agreements. Once a Interior that is ‘‘otherwise available to Lower Elwha S’Klallam Tribe tribe has made initial contact with BLM, Indian tribes or Indians,’’ can be Tanana Chiefs Conference, Inc. more specific information will be

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provided by the respective BLM State negotiating specific self-governance program, environmental impact office. funding agreements. assessments and statements and For questions regarding self- environmental studies may be available Tribal Services governance, contact Jerry Cordova, if a self-governance tribe demonstrates a 1. Minerals Management. Inspection Bureau of Land Management, 1849 C special geographic, cultural or historical and enforcement of Indian oil and gas Street NW., Washington, DC 20240– connection. operations, and inspection, enforcement 0001, telephone: (202) 452–7756, fax: MMS also offers mineral-owning and production verification of Indian (202) 452–7701. General information on tribes other opportunities to become coal and sand and gravel operations are all contracts available in a given year involved in MMS’s Minerals Revenue already available for contracts under through the BLM can be obtained from Management functions. These programs Title I of the Act and therefore may be the BLM National Business Center, P.O. address the intent of tribal self- available for inclusion in a funding Box 25047, Bldg 50, Denver Federal governance but are available regardless agreement. Center, Denver, CO 80225–0047. of self-governance intentions or status 2. Cadastral Survey. Tribal and and are a good prerequisite for assuming B. Eligible Programs of the Bureau of allottee cadastral survey services are other technical functions. Generally, Reclamation already available for contracts under minerals revenue management programs Title I of the Act and therefore may be Reclamation operates a wide range of are available to tribes because of available for inclusion in a funding water resource management projects for FOGRMA. Minerals revenue agreement. hydroelectric power generation, management programs that may be municipal and industrial water available to self-governance tribes are as Other Activities supplies, flood control, outdoor follows: 1. Cultural Heritage. Cultural heritage recreation, enhancement of fish and 1. Audit of Tribal Royalty Payments. activities, such as research and wildlife habitats, and research. Most of Audit activities for tribal leases, except inventory, may be available in specific Reclamation’s activities involve for the issuance of orders, final states. construction, operation and valuation decisions, and other 2. Forestry Management. Activities maintenance, and management of water enforcement activities. (For tribes such as environmental studies, tree resources projects and associated already participating in MMS planting, thinning, and similar work, facilities. Components of the following cooperative audits, this program is may be available in specific states. water resource management and offered as an optional alternative.) 3. Range Management. Activities, construction projects may be eligible for 2. Verification of Tribal Royalty such as re-vegetation, noxious weed inclusion in self-governance funding Payments. Financial compliance control, fencing, construction and agreements. verification and monitoring activities, management of range improvements, 1. Klamath Project—CA, OR production verification, and appeals grazing management experiments, range 2. Trinity River Restoration Program— research and analysis. 3. Tribal Royalty Reporting, monitoring, and similar activities, may CA Accounting, and Data Management. be available in specific states. 3. Central Valley Project (Trinity Establishment and management of 4. Riparian Management. Activities, Division)—CA royalty reporting and accounting such as facilities construction, erosion 4. Central Arizona Project—AZ, NM 5. Colorado River Front Work/Levee systems including document processing, control, rehabilitation, and similar System—AZ, CA, NV production reporting, reference data activities, may be available in specific 6. Lower Colorado Indian Water (lease, payor, agreement) management, states. Management Study—AZ, CA, NV billing and general ledger. 5. Recreation Management. Activities, 7. Middle Rio Grande Project—NM 4. Tribal Royalty Valuation. such as facilities construction and 8. Yuma Area Projects—AZ, CA Preliminary analysis and maintenance, interpretive design and 9. Rocky Boy’s/North Central recommendations for valuation and construction, and similar activities may Montana Regional Water System—MT allowance determinations and be available in specific states. 10. Indian Water Rights Settlements approvals. 6. Wildlife and Fisheries Habitat Projects—as Congressionally Authorized 5. Royalty Management of Allotted Management. Activities, such as For questions regarding self- Leases. Mineral revenue collections of construction and maintenance, governance, contact Barbara White, allotted leases, provided that MMS interpretive design and construction, Reclamation Self-Governance consults with and obtains written and similar activities, may be available Coordinator, Native American Affairs approval from affected individual in specific states. Office, Bureau of Reclamation (W– Indian mineral owners to delegate this 7. Wild Horse Management. 6100), 1849 C Street NW., Washington, responsibility to the tribe. Activities, such as wild horse round DC 20240–0001, telephone: (202) 513– 6. Online Monitoring of Royalties and ups, removal, and disposition, including 0631, fax: (202) 513–0311. Accounts. Online computer access to operation and maintenance of wild reports, payments, and royalty horse facilities may be available in C. Eligible Programs of the Minerals information contained in MMS specific states. Management Service (MMS) accounts. MMS will install equipment The above programs under ‘‘Other MMS provides stewardship of at tribal locations, train tribal staff, and Activities’’ are available in many states America’s offshore resources and assist tribes in researching and for competitive contracting. However, if collects revenues generated from monitoring all payments, reports, they are of special geographic, historical mineral leases on Federal and Indian accounts, and historical information or cultural significance to a lands. MMS is responsible for the regarding their leases. participating self-governance tribe, they management of the Federal Outer 7. Royalty Internship Program. An may be available for funding Continental Shelf, which are submerged orientation and training program for agreements. Tribes may also discuss lands off the coasts that have significant auditors and accountants from mineral additional BLM-funded activities with energy and mineral resources. Within producing tribes to acquaint tribal staff the relevant State office in relation to the offshore minerals management with royalty laws, procedures, and

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techniques. This program is 17. Road Repair 29. Boston Harbor Islands, National recommended for tribes that are 18. Solid Waste Collection and Park Area—MA considering a self-governance funding Disposal 30. Cape Cod National Seashore—MA agreement but have not yet acquired 19. Trail Rehabilitation 31. New Bedford Whaling National mineral revenue expertise via a 20. Watershed Restoration and Historical Park—MA FOGRMA section 202 contract. Maintenance 32. Sleeping Bear Dunes National For questions regarding self- Special Programs. Aspects of these Lakeshore—MI governance, contact Shirley Conway, programs may be available if a self- 33. Grand Portage National Minerals Revenue Management, governance tribe demonstrates a Monument—MN Minerals Management Service (MS– geographical, cultural, or historical 34. Voyageurs National Park—MN 4241 MIB), 1849 C Street NW., connection. 35. Bear Paw Battlefield, Nez Perce Washington, DC 20240–0001, telephone: 1. Beringia Research National Historical Park—MT (202) 208–3512, fax: (202) 501–0247. 2. Elwha River Restoration 36. Glacier National Park—MT Connections to National Park Units. 37. Great Basin National Park—NV D. Eligible Programs of the National Aspects of ongoing programs and 38. Bandelier National Monument— Park Service (NPS) activities may be available to self- NM The National Park Service administers governance tribes with known 39. Carlsbad Caverns National Park— the National Park System made up of geographic, cultural, or historical NM national parks, monuments, historic connections to the following national 40. White Sands National sites, battlefields, seashores, lake shores park units. Monument—NM and recreation areas. NPS maintains the 1. Bering Land Bridge National Park— 41. Fort Stanwix National park units, protects the natural and AK Monument—NY cultural resources, and conducts a range 2. Cape Krusenstern National 42. Cuyahoga Valley National Park— of visitor services such as law Monument—AK OH enforcement, park maintenance, and 3. Gates of the Arctic National Park & 43. Hopewell Culture National interpretation of geology, history, and Preserve—AK Historical Park—OH natural and cultural resources. 4. Glacier Bay National Park and 44. Chickasaw National Recreation Some elements of these programs may Preserve—AK Area—OK be eligible for inclusion in a self- 5. Katmai National Park and 45. John Day Fossil Beds National governance annual funding agreement. Preserve—AK Monument—OR The listing below was developed 6. Kenai Fjords National Park—AK 46. Alibates Flint Quarries National considering the geographic proximity to, 7. Klondike Gold Rush National Monument—TX and/or traditional association of a self- Historical Park—AK 47. Guadalupe Mountains National governance tribe with, units of the 8. Kobuk Valley National Park—AK Park—TX National Park system, and the types of 9. Lake Clark National Park and 48. Lake Meredith National programs that have components that Preserve—AK Recreation Area—TX may be suitable for contracting through 10. Noatak National Preserve—AK 49. Ebey’s Landing National Historical a self-governance annual funding 11. Sitka National Historical Park— Reserve—WA agreement. This listing is not all AK 50. Mt. Rainier National Park—WA inclusive, but is representative of the 12. Wrangell-St. Elias National Park 51. Olympic National Park—WA types of programs which may be eligible and Preserve—AK 52. San Juan Islands National Historic for tribal participation through annual 13. Yukon-Charley Rivers National Park—WA funding agreements. Preserve—AK 53. Whitman Mission National Ongoing Programs and Activities. 14. Casa Grande Ruins National Historic Site—WA Components of the following programs Monument—AZ For questions regarding self- are potentially eligible for inclusion in 15. Hohokam Pima National governance, contact Dr. Patricia Parker, a self-governance annual funding Monument—AZ Chief, American Indian Liaison Office, agreement: 16. Montezuma Castle National National Park Service (Org. 2560, 9th 1. Archaeological Surveys Monument—AZ Floor), 1201 Eye Street NW., 2. Comprehensive Management 17. Organ Pipe Cactus National Washington, DC 20005–5905, telephone: Planning Monument—AZ (202) 354–6965, fax: (202) 371–6609. 18. Saguaro National Park—AZ 3. Cultural Resource Management E. Eligible Programs of the Office of 19. Tonto National Monument—AZ Projects Surface Mining and Reclamation 20. Tumacacori National Historical 4. Ethnographic Studies Enforcement (OSM) 5. Erosion Control Park—AZ 6. Fire Protection 21. Tuzigoot National Monument— OSM regulates surface coal mining 7. Gathering Baseline Subsistence AZ and reclamation operations, and Data—AK 22. Arkansas Post National reclaims abandoned coal mines, in 8. Hazardous Fuel Reduction Memorial—AR cooperation with states and Indian 9. Housing Construction and 23. Joshua Tree National Park—CA tribes. Rehabilitation 24. Lassen Volcanic National Park— 1. Abandoned Mine Land 10. Interpretation CA Reclamation Program. This program 11. Janitorial Services 25. Redwood National Park—CA restores eligible lands mined and 12. Maintenance 26. Whiskeytown National Recreation abandoned or left inadequately restored 13. Natural Resource Management Area—CA and is available to Indian tribes. Projects 27. Hagerman Fossil Beds National 2. Control of the Environmental 14. Operation of Campgrounds Monument—ID Impacts of Surface Coal Mining. This 15. Range Assessment—AK 28. Effigy Mounds National program includes analyses, NEPA 16. Reindeer Grazing—AK Monument—IA documentation, technical reviews, and

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studies. Where surface coal mining appropriate 13. Tishomingo National Wildlife exists on Indian land, certain regulatory 4. Education Programs Refuge—OK activities that are not inherently Federal a. Interpretation 14. Bandon Marsh National Wildlife are available to Indian tribes. b. Outdoor Classrooms Refuge—OR For questions regarding self- c. Visitor Center Operations 15. Dungeness National Wildlife governance, contact Maria Mitchell, d. Volunteer Coordination Efforts On- Refuge—WA Office of Surface Mining Reclamation and Off-Refuge 16. Makah National Fish Hatchery—WA and Enforcement (MS–210 SIB), 1951 5. Environmental Contaminants 17. Nisqually National Wildlife Constitution Ave. NW., Washington, DC Program Refuge—WA 20240, telephone: (202) 208–2865, fax: a. Analytical Devices 18. Quinault National Fish Hatchery— (202) 219–3111. b. Removal of Underground Storage WA F. Eligible Programs of the U.S. Fish and Tanks 19. San Juan Islands National Wildlife Wildlife Service (FWS) c. Specific Cleanup Activities Refuge—WA d. Natural Resource Economic For questions regarding self- The mission of FWS is to conserve, Analysis governance, contact Patrick Durham, protect, and enhance fish, wildlife, and e. Specific Field Data Gathering Fish and Wildlife Service (MS–3012 their habitats for the continuing benefit Efforts MIB), 1849 C Street NW., Washington, of the American people. Primary 6. Hatchery Operations DC 20240–0001, telephone: (202) 208– responsibilities are for migratory birds, a. Egg Taking 4133, fax: (202) 501–3524. endangered species, freshwater and b. Rearing/Feeding anadromous fisheries, and certain c. Disease Treatment G. Eligible Programs of the U.S. marine mammals. FWS also has a d. Tagging Geological Survey (USGS) continuing cooperative relationship e. Clerical/Facility Maintenance The mission of the U.S. Geological with a number of Indian tribes 7. Wetland and Habitat Conservation Survey is to provide information on throughout the National Wildlife Refuge and Restoration biology, geology, hydrology, and System and the Service’s fish a. Construction cartography that contributes to the wise hatcheries. Any self-governance tribe b. Planning Activities management of the Nation’s natural may contact a National Wildlife Refuge c. Habitat Monitoring and resources and to the health, safety, and or National Fish Hatchery directly Management well-being of the American people. concerning participation in Service 8. Conservation Law Enforcement Information includes maps, data bases, programs under the Tribal Self- All Law Enforcement under Cross- and descriptions and analyses of the Governance Act. Deputization water, plants, animals, energy, and Some elements of the following 9. National Wildlife Refuge Operations mineral resources, land surface, programs may be eligible for inclusion and Maintenance underlying geologic structure and in a self-governance funding agreement. a. Construction dynamic processes of the Earth. The listing below was developed b. Farming Information on these scientific issues is considering the proximity of an c. Concessions developed through extensive research, identified self-governance tribe to a d. Maintenance field studies, and comprehensive data National Wildlife Refuge or National e. Comprehensive Management collection to: evaluate natural hazards Fish Hatchery, and the types of Planning such as earthquakes, volcanoes, programs that have components that f. Biological Program Efforts landslides, floods, droughts, subsidence may be suitable for contracting through g. Habitat Management and other ground failures; assess energy, a self-governance funding agreement. h. Fire Management mineral, and water resources in terms of This listing is not all-inclusive but is Locations of Refuges and Hatcheries their quality, quantity, and availability; representative of the types of programs With Close Proximity to Self- evaluate the habitats of animals and which may be eligible for tribal Governance Tribes plants; and produce geographic, participation through a funding 1. Alaska National Wildlife Refuges— cartographic, and remotely-sensed agreement. AK information in digital and non-digital 1. Subsistence Programs Within Alaska 2. Alchesay National Fish Hatchery— formats. No USGS programs are 2. Fish and Wildlife Technical AZ specifically available to American Assistance, Restoration and 3. Humboldt Bay National Wildlife Indians or Alaska Natives. Components Conservation Refuge—ID of the following programs may have a a. Fish and Wildlife Population 4. Kootenai National Wildlife special geographic, cultural, or Surveys Refuge—ID historical connection with a self- b. Habitat Surveys governance tribe: c. Sport Fish Restoration 5. Agassiz National Wildlife Refuge— d. Capture of Depredating Migratory MN 1. Mineral Environmental, and Energy Birds 6. Mille Lacs National Wildlife Assessments e. Fish and Wildlife Program Planning Refuge—MN 2. USGS Earthquake Hazards Reduction f. Habitat Restoration Activities 7. Rice Lake National Wildlife Refuge— Program 3. Endangered Species Program MN 3. Water Resources Data Collection and a. Cooperative Management of 8. National Bison Range—MT Investigations Conservation Programs 9. Ninepipe National Wildlife Refuge— 4. Biological Resources Inventory, b. Development and Implementation MT Monitoring, Research and of Recovery Plans 10. Pablo National Wildlife Refuge—MT Information Transfer Activities c. Conducting Status Surveys for High 11. Mescalero National Fish Hatchery— For questions regarding self- Priority Candidate Species NM governance, contact Sue Marcus, d. Participation in the Development of 12. Sequoyah National Wildlife American Indian/Alaska Native Liaison, Habitat Conservation Plans, as Refuge—OK U.S. Geological Survey, 104 National

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Center, Reston, VA 20192, telephone: For questions regarding self- Office, 22835 Calle San Juan de Los (703) 648–4437, fax: (703) 648–5470. governance, contact Carrie Moore, Lagos, Moreno Valley, CA. Director, Office of External Affairs, H. Eligible Programs of the Office of the FOR FURTHER INFORMATION CONTACT: Rick Office of the Special Trustee for Special Trustee for American Indians Hanks, (831) 372–6105. American Indians (MS–5140 MIB), 1849 (OST) SUPPLEMENTARY INFORMATION: The C Street NW., Washington, DC 20240– CCNM RMP provides direction for The Department of the Interior has 0001, phone: (202) 208–4866, fax: (202) managing the approximate 1000 acres of responsibility for what may be the 208–7545. offshore rocks, small islands, exposed largest land trust in the world, IV. Programmatic Targets reefs, and pinnacles that comprise the approximately 56 million acres. OST Monument. The Monument was oversees the management of these trust During Fiscal Year 2006, upon request established by Presidential assets as well as maintains, invests, of a self-governance tribe, each non-BIA Proclamation No. 7264 on January 11, disburses, and reports to individual bureau will negotiate funding 2000, under the authority of the Indians and tribes on financial asset agreements for its eligible programs Antiquities Act of 1906. The Monument transactions generated from leasing and beyond those already negotiated. lies within the jurisdiction of 15 other commercial activities on these California counties and five BLM field lands. The mission of the OST is to Dated: August 24, 2005. James E. Cason, offices, and at least 25% of the coastal serve Indian communities by fulfilling portion of the mainland adjacent to the Indian fiduciary trust responsibilities. Associate Deputy Secretary. [FR Doc. 05–17914 Filed 9–8–05; 8:45 am] Monument is contained within the This is to be accomplished through the California State Parks System. Planning implementation of a Comprehensive BILLING CODE 4310–10–P for the Monument officially began with Trust Management Plan (CTM) that is a Federal Register notice on April 24, designed to improve trust beneficiary DEPARTMENT OF THE INTERIOR 2002 initiating scoping. The California services, ownership information, Department of Fish and Game, the management of trust fund assets, and Bureau of Land Management California Department of Parks and self-governance activities. Recreation, the United States Air Force, A tribe operating under self- [CA–939–04–1610–00] and the Cher-Ae Heights Indian governance may include the following Community of the Trinidad Rancheria, programs, services, functions, and Notice of Availability of Record of a federally recognized tribe, are activities or portions thereof in a Decision for the California Coastal cooperating agencies in the funding agreement: National Monument Resource development of this RMP. BLM sought Management Plan 1. Financial Trust Services (Individual public and governmental participation Indian Monies Financial Services) AGENCY: in the development of this RMP and 2. Appraisal Services Bureau of Land Management, Interior. will continue to pursue partnerships in Responsibilities for the operation of ACTION: Notice of availability. the management of the Monument. these programs have been shifted from Because of the unique nature of the BIA to OST. Tribes/Consortia that SUMMARY: In accordance with the CCNM, many governmental entities currently perform these programs under National Environmental Policy Act have jurisdiction over resources a Self-Governance funding agreement (NEPA), the Federal Land Policy and immediately adjacent to the monument with the Indian Affairs, may negotiate a Management Act (FLPMA), the Bureau and are integrally important to meeting separate Memorandum of of Land Management (BLM) the goals and objectives for the Understanding (MOU) with OST that management policies, and Presidential Monument, as established in the RMP. outlines the roles and responsibilities Proclamation No. 7264, the BLM for management of these programs. The Dated: August 5, 2005. announces the availability of the RMP/ MOU between the Tribe/Consortium Mike Pool, ROD for the California Coastal National and OST outlines the roles and State Director. Monument (CCNM) located off the coast responsibilities for the performance of [FR Doc. 05–17921 Filed 9–8–05; 8:45 am] of California. The California State the OST program by the Tribe/ BILLING CODE 4310–40–P Director has signed the RMP/ROD, Consortium. If those roles and which becomes effective immediately. responsibilities are already fully articulated in the existing Self- ADDRESSES: Copies of the Resource DEPARTMENT OF THE INTERIOR Governance funding agreement, an Management Plan/Record of Decision MOU is not required. To the extent that (RMP/ROD) are available upon request National Park Service any necessary elements are missing from the Monument Manager, CCNM Fire Management Plan, Final from the funding agreement, however, Office, Bureau of Land Management, Environmental Impact Statement, an MOU will be negotiated between the 299 Foam Street, Monterey, California Chiricahua National Monument, AZ Tribe/Consortium and OST. or via the Internet at http:// Other Self-Governance Tribes/ www.ca.blm.gov. Copies may also be AGENCY: National Park Service, Consortia that do not perform these obtained at: California State Office, 2800 Department of the Interior. programs may be eligible to enter into Cottage Way, Sacramento, CA; Hollister ACTION: Notice of Availability of a a self-governance funding agreement Field Office, 20 Hamilton Court, Record of Decision on the Final with OST. In such cases, the Tribe/ Hollister, CA; Arcata Field Office, 1695 Environmental Impact Statement for the Consortium would negotiate a funding Heindon Road, Arcata, CA; Ukiah Field Fire Management Plan, Chiricahua agreement with OST and the funding Office, 2550 North State Street, Ukiah, National Monument. would come from OST program dollars. CA, Bakersfield Field Office, 3801 These funding agreements would Pegasus Drive, Bakersfield, CA; Palm SUMMARY: Pursuant to § 102(2)(C) of the stipulate the roles and responsibilities Springs/South Coast Field Office, 690 National Environmental Policy Act of of the Tribe/Consortium and OST and W. Garnet Ave., North Palm Springs, 1969, 83 Stat. 852, 853, codified as no separate MOU would be necessary. CA; and California Desert District amended at 42 U.S.C. 4332(2)(C), the

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National Park Service announces the for Herbert Hoover National Historic visitors and employees. The Cultural availability of the Record of Decision for Site, Iowa. Landscape Report (1995) states: ‘‘*** the Fire Management Plan, Chiricahua DATES: There will be a 60-day public the stream is a degraded, yet character National Monument, Arizona. On review period for comments on this defining feature of the site * * *’’ and August 2, 2005 the Director, document. Comments on the EIS must recommends the restoration of the Intermountain Region approved the be received no later than 60 days after natural characteristics of the stream. Record of Decision for the project. As the Environmental Protection Agency Stream rehabilitation would restore soon as practicable, the National Park publishes its notice of availability in the stream and riparian function and protect Service will begin to implement the Federal Register. A public open house critical resources. Preferred Alternative contained in the for information about, or to make Therefore, the Park is proposing to FEIS issued on July 1, 2005. The comment on, the draft EIS will be restore the riparian area and proper following course of action will occur announced in the local media and the functioning condition of the stream to under the preferred alternative, the Herbert Hoover National Historic Site’s allow for reduction of the power of the Watershed Alternative. This course of (Park) Web site when it is scheduled. stream and create greater holding action and 2 alternatives were analyzed Information about meeting time and capacity with a meandering stream and in the Draft and Final Environmental place will be available by contacting the floodplain. The draft EIS describes and Impact Statements. The full range of Park at 319–643–2541, visiting the analyzes the environmental impacts of foreseeable environmental Park’s Web site at: http://www.nps.gov/ alternatives and their associated consequences was assessed, and heho/creek.htm, and at the NPS impacts. In the Park’s Preferred appropriate mitigating measures were Planning, Environment, and Public Alternative (Alternative 5—Provide 50- identified. Comment (PEPC) Web site http:// year protection), this alternative would The Record of Decision includes a parkplanning.nps.gov/. The document include changes to the stream channel statement of the decision made, will also be available for review at each dimensions, re-meandering and channel synopses of other alternatives of these Web sites; the latter Web site relocation, and installation of a grade considered, the basis for the decision, a allows the public to review and control structure to control down description of the environmentally comment directly on this document. cutting. This alternative would also preferable alternative, a finding on ADDRESSES: Copies of the draft EIS are include construction of a detention impairment of park resources and available by request by writing to the basin in the upstream reaches of Hoover values, a listing of measures to Superintendent, Stream Management Creek. Three additional action minimize environmental harm, and an Plan Draft EIS, Herbert Hoover National alternatives and a no action alternative overview of public involvement in the Historic Site, P.O. Box 607, West are evaluated in this EIS. Persons wishing to comment may do decision-making process. Branch, Iowa 52358, by phone 319–643– 2541, at the Web site addresses so by any one of several methods. They FOR FURTHER INFORMATION CONTACT: may attend the public hearing or open Carrie Dennett, 13063 E. Bonita Canyon mentioned above, and by e-mail message at house noted above. They may mail Road, Willcox, AZ 85643, (520) 824– comments to the Superintendent, [email protected]. 3560 [email protected]. Stream Management Plan Draft EIS, The document can be picked-up in SUPPLEMENTARY INFORMATION: Herbert Hoover National Historic Site, Copies of person at park headquarters at 110 P.O. Box 607, West Branch, Iowa 52358. the Record of Decision may be obtained Parkside Drive, West Branch, Iowa. from the contact listed above or online They also may comment via e-mail to FOR FURTHER INFORMATION CONTACT: at http://www.nps.gov/CHIR. [email protected] Superintendent, Stream Management Dated: August 2, 2005. (please include name and return address Plan Draft EIS, Herbert Hoover National in the e-mail message). They may Kate Cannon, Historic Site, P.O. Box 607, West review and comment on the document Acting Deputy, Intermountain Region, Branch, Iowa 52358, or by calling 319– directly at the PEPC Web site http:// National Park Service. 643–2541. parkplanning.nps.gov/. Finally, they [FR Doc. 05–17852 Filed 9–8–05; 8:45 am] SUPPLEMENTARY INFORMATION: During may hand-deliver comments to the BILLING CODE 4312–07–P Herbert Hoover’s early childhood, a Superintendent, Stream Management small meandering stream ran near his Plan Draft EIS, Herbert Hoover National birthplace cottage. This tributary of the Historic Site, 110 Parkside Drive, West DEPARTMENT OF THE INTERIOR west branch of the Wapsinonoc River Branch, Iowa. has no official name and for ease of National Park Service It is the practice of the NPS to make reference, it will be called Hoover Creek comments, including names and home Environmental Impact Statement; throughout the plan. Hoover Creek runs addresses of respondents, available for Notice of Availability through the center of the historic site public review during regular business and has overflowed its banks and hours. Individual respondents may AGENCY: National Park Service, Interior. flooded park facilities 18 times in 11 request that we withhold their home ACTION: Notice of availability of the years. These facilities include all of the address from the record, which we will Stream Management Plan, draft prime historic structures associated honor to the extent allowable by law. environmental impact statement, with President Hoover as well as the There also may be circumstances in Herbert Hoover National Historic Site, visitor center and maintenance facility. which we would withhold from the Iowa. Hoover Creek bank erosion and stream record a respondent’s identity, as migration threaten to destabilize historic allowable by law. If you wish us to SUMMARY: Pursuant to section 102(2)(C) structures identified in the enabling withhold your name and/or address, of the National Environmental Policy legislation and the foundation of the you must state this prominently at the Act of 1969, the National Park Service Hoover Presidential Library and beginning of your comment. However, (NPS) announces the availability of the Museum. Slippery mud banks rise we will not consider anonymous stream management plan draft vertically 8 to 10 feet above the water comments. We will make all environmental impact statement (EIS) level and present a safety hazard to submissions from organizations or

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businesses, and from individuals DEPARTMENT OF THE INTERIOR other reasonable alternatives, if any, identifying themselves as identified during the NEPA process. The representatives or officials of National Park Service EIS will also consider mitigation organizations or businesses available for measures to minimize potential adverse public inspection in their entirety. Utah Museum of Natural History, environmental effects. Based on current The responsible official is Ernest Environmental Impact Statement, information it is not expected that the Quintana, Regional Director, Midwest University of Utah and National Park EIS alternatives will include alternative Region, National Park Service. Service and as Joint Lead Agencies, sites for the museum facility, for several Salt Lake County, UT Dated: July 28, 2005. reasons. (1) The University of Utah and the Museum concluded a site selection Ernest Quintana, AGENCY: The University of Utah and National Park Service, Interior. process in 1995, and in 1997 the Regional Director, Midwest Region. University of Utah Board of Trustees ACTION: Notice of intent to prepare an [FR Doc. 05–17854 Filed 9–8–05; 8:45 am] reserved the Research Park site for use Environmental Impact Statement (EIS) BILLING CODE 4312–94–P by the Museum. Since that time for the construction and operation of a considerable resources have been proposed new Utah Museum of Natural devoted to site planning, and substantial DEPARTMENT OF THE INTERIOR History at the University of Utah. private, state and federal financial National Park Service SUMMARY: Pursuant to the National commitments have been received for Environmental Policy Act of 1969, 42 design, construction and operation of a Fire Management Plan, Final U.S.C. 4332 (C) and (D) (NEPA), the museum on the designated site. It would Environmental Impact Statement, University of Utah and the National not be practical or economically feasible Saguaro National Park, AZ Park Service as Joint Lead Agencies, are for the Museum to abandon this site for preparing an Environmental Impact an alternative location. (2) Congress, in AGENCY: National Park Service, Interior. Statement (EIS) on the construction and enacting the 2002 Utah Public Lands ACTION: Notice of availability of the operation of a proposed new Utah Artifact Preservation Act and in making Final Environmental Impact Statement Museum of Natural History museum subsequent appropriations, for the Fire Management Plan, Saguaro facility at the University of Utah, Salt contemplated that the new museum National Park. Lake County, Utah. would be located at the 17-acre The NEPA process is being followed Research Park site and it authorized and SUMMARY: Pursuant to National because federal funds, as grants through has since appropriated funding for a Environmental Policy Act of 1969, 42 the National Park Service, are facility at that site. (3) If the new U.S.C. 4332(C), the National Park contributing to the design and museum were built at an alternative Service announces the availability of a construction costs of the new museum location, the Research Park site would Final Environmental Impact Statement facility. The EIS will identify potential nonetheless still be developed, meaning for the Fire Management Plan, Saguaro environmental effects of construction that there would not likely be a decrease National Park, Arizona. and operation of the proposed 169,000 in overall impacts. DATES: The National Park Service will square foot museum building, parking, Issues that were identified by the execute a Record of Decision (ROD) no and related appurtenances and public during scoping for the EA and sooner than 30 days following mitigation measures to minimize that will be addressed in the EIS publication by the Environmental adverse environmental impacts on the include: vegetation and wildlife; Protection Agency of the Notice of 17-acre site provided to the Museum by recreation and trail use; open space, Availability of the Final Environmental the University of Utah. This site is near visual quality and aesthetics; traffic, Impact Statement. the University of Utah’s Research Park, transportation and parking; ADDRESSES: Information will be south of Red Butte Gardens and socioeconomics/cultural; air quality; available for public inspection in the Arboretum in Salt Lake County, Utah. soils, geological and seismic concerns; office of the Superintendent, Sarah The Utah Public Lands Artifact surface and groundwater quality and Craighead, Saguaro National Park, Preservation Act, Pub. L. 107–329, management; consideration of Headquarters and Rincon Mountain enacted in 2002, authorizes the alternative sites; hazardous materials; District, 3693 South Old Spanish Trail, Secretary of the Interior to make a grant and archaeological, cultural, historic Tucson, AZ 85730–5601, phone 520– to the University of Utah to pay the and paleontological resources. Scoping 733–5101; and at the following Federal share of the costs of for the EA was conducted February 15 locations: construction of a new facility including through March 16, 2005 with a scoping Internet: http://www.nps.gov/sagu/ design, planning, furnishing, and meeting on March 8. The meeting was pphtml/documents.html. equipping of the Museum. Seventy-five widely publicized and was attended by FOR FURTHER INFORMATION CONTACT: percent of the Museum’s collection is over 90 members of the public. Kevin Parrish, Fuels Management material recovered from federally Approximately 350 comments were Specialist, Saguaro National Park, managed public lands including lands received by letter or email. A scoping Headquarters and Rincon Mountain administered by the National Park brochure has been prepared that details District, 3693 South Old Spanish Trail, Service. In January 2005, the Museum the issues identified to date. Copies of Tucson, AZ 85730–5601, phone 520– initiated an Environmental Assessment the brochure may be obtained from the 733–5132, or [email protected]. on the proposed project. After project’s NEPA contractor, Bear West, completion of public scoping and the 145 South 400 East, Salt Lake City, Utah Dated: August 3, 2005. identification of issues, the agencies 84111, phone (801) 355–8816. The Roger Maxwell, decided to prepare an EIS. scoping brochure along with a request Acting Director, Intermountain Region, The EIS will analyze the proposed for any additional scoping comments is National Park Service. action, a no action alternative, being mailed to the project mailing list [FR Doc. 05–17851 Filed 9–8–05; 8:45 am] alternative approaches to site and including those who attended the initial BILLING CODE 4312–52–P facilities design and placement, and scoping meeting or submitted written

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comments. One or more workshops, made available for public inspection in review pursuant to section 751(c)(5) of open houses or similar meetings may be their entirety. the Act should proceed (70 FR 41426, conducted during preparation of the Dated: August 2, 2005. July 19, 2005). A record of the Commissioners’ votes, the EIS. Because there was a well attended Kate Cannon, public meeting during scoping for the Commission’s statement on adequacy, Acting Deputy Director, Intermountain and any individual Commissioner’s EA, no additional public meetings are Region, National Park Service. planned as part of the EIS scoping statements are available from the Office [FR Doc. 05–17853 Filed 9–8–05; 8:45 am] process. of the Secretary and at the BILLING CODE 4312–52–P For questions regarding the proposed Commission’s Web site. action, contact Utah Museum of Natural Participation in the review and public History, Sarah George, Director, 1390 E. service list. Persons, including INTERNATIONAL TRADE Presidents Circle, University of Utah, industrial users of the subject COMMISSION Salt Lake City, Utah 84112–0050. For merchandise and, if the merchandise is questions regarding NEPA compliance, [Investigation No. 731–TA–856 (Review)] sold at the retail level, representative contact National Park Service, Cordell consumer organizations, wishing to Roy, Utah State Coordinator, 324 South Ammonium Nitrate From Russia participate in this review as parties State Street, Suite 200, Box 30, Salt Lake must file an entry of appearance with AGENCY: United States International City, UT 84111. the Secretary to the Commission, as Trade Commission. provided in section 201.11 of the DATES: Comments from the public will ACTION: Scheduling of a full five-year Commission’s rules, by 45 days after be accepted through October 11, 2005. review concerning the suspended publication of this notice. A party that Any comments received during that investigation on ammonium nitrate from filed a notice of appearance following time will be reviewed and, if Russia. publication of the Commission’s notice appropriate, a supplemental scoping of institution of the review need not file brochure will be prepared. Comments SUMMARY: The Commission hereby gives an additional notice of appearance. The received after the close of formal notice of the scheduling of a full review Secretary will maintain a public service scoping will continue to be accepted pursuant to section 751(c)(5) of the list containing the names and addresses and considered. It is anticipated that a Tariff Act of 1930 (19 U.S.C. 1675(c)(5)) of all persons, or their representatives, Draft EIS will be available for public (the Act) to determine whether who are parties to the review. review in early 2006 and the Final EIS termination of the suspended Limited disclosure of business will be completed in the summer 2006. investigation on ammonium nitrate from proprietary information (BPI) under an FOR FURTHER INFORMATION CONTACT: Russia would be likely to lead to administrative protective order (APO) Ralph Becker, Bear West, 145 South 400 continuation or recurrence of material and BPI service list. Pursuant to section East, Salt Lake City, Utah 84111 (801– injury within a reasonably foreseeable 207.7(a) of the Commission’s rules, the 355–8816), or e-mail to time. For further information Secretary will make BPI gathered in this [email protected]. concerning the conduct of this review review available to authorized and rules of general application, consult applicants under the APO issued in the SUPPLEMENTARY INFORMATION: If you the Commission’s Rules of Practice and review, provided that the application is wish to comment on the scoping Procedure, part 201, subparts A through made by 45 days after publication of brochure or on any other issues E (19 CFR part 201), and part 207, this notice. Authorized applicants must associated with the proposed project, subparts A, D, E, and F (19 CFR part represent interested parties, as defined you may submit your comments by mail 207). by 19 U.S.C. 1677(9), who are parties to to UMNH EIS, c/o Bear West, 145 South EFFECTIVE DATE: September 2, 2005. the review. A party granted access to 400 East, Salt Lake City, Utah 84111 or BPI following publication of the FOR FURTHER INFORMATION CONTACT: via the internet to [email protected]. Commission’s notice of institution of Please include in any internet Elizabeth Nesbitt (202–205–3355), the review need not reapply for such comments your name and return Office of Investigations, U.S. access. A separate service list will be address for the project mailing list. If International Trade Commission, 500 E maintained by the Secretary for those you do not receive a confirmation of Street SW., Washington, DC 20436. parties authorized to receive BPI under receipt of your email message, contact Hearing-impaired persons can obtain the APO. Bear West directly at (801) 355–8816. information on this matter by contacting Staff report. The prehearing staff Comments, including names and home the Commission’s TDD terminal on 202– report in the review will be placed in addresses of respondents will be 205–1810. Persons with mobility the nonpublic record on December 21, available for public review. Individual impairments who will need special 2005, and a public version will be respondents may request that we assistance in gaining access to the issued thereafter, pursuant to section withhold their home address from the Commission should contact the Office 207.64 of the Commission’s rules. record, which will be honored to the of the Secretary at 202–205–2000. Hearing. The Commission will hold a maximum extent allowable by law. General information concerning the hearing in connection with the review There also may be circumstances in Commission may also be obtained by beginning at 9:30 a.m. on January 19, which we would withhold from the accessing its Internet server (http:// 2006, at the U.S. International Trade record a respondent’s identity, as www.usitc.gov). The public record for Commission Building. Requests to allowable by law. If you wish to have this review may be viewed on the appear at the hearing should be filed in your address withheld, you must state Commission’s electronic docket (EDIS) writing with the Secretary to the this prominently at the beginning of at http://edis.usitc.gov. Commission on or before January 9, your comment. All submissions from SUPPLEMENTARY INFORMATION: 2006. A nonparty who has testimony organizations or businesses, and from Background. On July 5, 2005, the that may aid the Commission’s individuals identifying themselves as Commission determined that responses deliberations may request permission to representatives or officials of to its notice of institution of the subject present a short statement at the hearing. organizations or businesses, will be five-year review were such that a full All parties and nonparties desiring to

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appear at the hearing and make oral accepted unless good cause is shown for EFFECTIVE DATE: September 1, 2005. presentations should attend a accepting such submissions, or unless FOR FURTHER INFORMATION CONTACT: prehearing conference to be held at 9:30 the submission is pursuant to a specific Vincent Honnold (202–205–3314), a.m. on January 12, 2006, at the U.S. request by a Commissioner or Office of Investigations, U.S. International Trade Commission Commission staff. International Trade Commission, 500 E Building. Oral testimony and written In accordance with sections 201.16(c) Street SW., Washington, DC 20436. materials to be submitted at the public and 207.3 of the Commission’s rules, Hearing-impaired persons can obtain hearing are governed by sections each document filed by a party to the information on this matter by contacting 201.6(b)(2), 201.13(f), 207.24, and review must be served on all other the Commission’s TDD terminal on 202– 207.66 of the Commission’s rules. parties to the review (as identified by 205–1810. Persons with mobility Parties must submit any request to either the public or BPI service list), and impairments who will need special present a portion of their hearing a certificate of service must be timely assistance in gaining access to the testimony in camera no later than 7 filed. The Secretary will not accept a Commission should contact the Office business days prior to the date of the document for filing without a certificate of the Secretary at 202–205–2000. hearing. of service. General information concerning the Written submissions. Each party to the Commission may also be obtained by review may submit a prehearing brief to Authority: This review is being conducted under authority of title VII of the Tariff Act accessing its internet server (http:// the Commission. Prehearing briefs must of 1930; this notice is published pursuant to www.usitc.gov). The public record for conform with the provisions of section section 207.62 of the Commission’s rules. these reviews may be viewed on the 207.65 of the Commission’s rules; the Issued: September 2, 2005. Commission’s electronic docket (EDIS) deadline for filing is January 9, 2006. at http://edis.usitc.gov. Parties may also file written testimony By order of the Commission. in connection with their presentation at Marilyn R. Abbott, SUPPLEMENTARY INFORMATION: the hearing, as provided in section Secretary to the Commission. Background. On July 5, 2005, the Commission determined that responses 207.24 of the Commission’s rules, and [FR Doc. 05–17885 Filed 9–8–05; 8:45 am] to its notice of institution of the subject posthearing briefs, which must conform BILLING CODE 7020–02–P with the provisions of section 207.67 of five-year reviews were such that full the Commission’s rules. The deadline reviews pursuant to section 751(c)(5) of for filing posthearing briefs is January INTERNATIONAL TRADE the Act should proceed (70 FR 41427, 30, 2006; witness testimony must be COMMISSION July 19, 2005). A record of the Commissioners’ votes, the filed no later than three days before the [Investigation Nos. 701–TA–269 and 270 hearing. In addition, any person who Commission’s statement on adequacy, and 731–TA–311–314, 317, and 379 (Second and any individual Commissioner’s has not entered an appearance as a party Review)] to the review may submit a written statements are available from the Office statement of information pertinent to Brass Sheet and Strip From Brazil, of the Secretary and at the the subject of the review on or before Canada, France, , , and Commission’s Web site. January 30, 2006. On March 3, 2006, the Japan Participation in the reviews and Commission will make available to public service list. Persons, including parties all information on which they AGENCY: United States International industrial users of the subject have not had an opportunity to Trade Commission. merchandise and, if the merchandise is comment. Parties may submit final ACTION: Scheduling of full five-year sold at the retail level, representative comments on this information on or reviews concerning the countervailing consumer organizations, wishing to before March 7, 2006, but such final duty orders on brass sheet and strip participate in these reviews as parties comments must not contain new factual from Brazil and France and the must file an entry of appearance with information and must otherwise comply antidumping duty orders on brass sheet the Secretary to the Commission, as with section 207.68 of the Commission’s and strip from Brazil, Canada, France, provided in section 201.11 of the rules. All written submissions must Germany, Italy, and Japan. Commission’s rules, by 45 days after conform with the provisions of section publication of this notice. A party that 201.8 of the Commission’s rules; any SUMMARY: The Commission hereby gives filed a notice of appearance following submissions that contain BPI must also notice of the scheduling of full reviews publication of the Commission’s notice conform with the requirements of pursuant to section 751(c)(5) of the of institution of the reviews need not sections 201.6, 207.3, and 207.7 of the Tariff Act of 1930 (19 U.S.C. 1675(c)(5)) file an additional notice of appearance. Commission’s rules. The Commission’s (the Act) to determine whether The Secretary will maintain a public rules do not authorize filing of revocation of the countervailing duty service list containing the names and submissions with the Secretary by orders on brass sheet and strip from addresses of all persons, or their facsimile or electronic means, except to Brazil and France and the antidumping representatives, who are parties to the the extent permitted by section 201.8 of duty orders on brass sheet and strip reviews. the Commission’s rules, as amended, 67 from Brazil, Canada, France, Germany, Limited disclosure of business FR 68036 (November 8, 2002). Even Italy, and Japan would be likely to lead proprietary information (BPI) under an where electronic filing of a document is to continuation or recurrence of material administrative protective order (APO) permitted, certain documents must also injury within a reasonably foreseeable and BPI service list. Pursuant to section be filed in paper form, as specified in time. For further information 207.7(a) of the Commission’s rules, the II(c) of the Commission’s Handbook on concerning the conduct of these reviews Secretary will make BPI gathered in Electronic Filing Procedures, 67 FR and rules of general application, consult these reviews available to authorized 68168, 68173 (November 8, 2002). the Commission’s Rules of Practice and applicants under the APO issued in the Additional written submissions to the Procedure, part 201, subparts A through reviews, provided that the application is Commission, including requests E (19 CFR part 201), and part 207, made by 45 days after publication of pursuant to section 201.12 of the subparts A, D, E, and F (19 CFR part this notice. Authorized applicants must Commission’s rules, shall not be 207). represent interested parties, as defined

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by 19 U.S.C. 1677(9), who are parties to comment. Parties may submit final United States District Court for the the reviews. A party granted access to comments on this information on or District of South Carolina on August 30, BPI following publication of the before February 27, 2006, but such final 2005. This proposed Consent Decree Commission’s notice of institution of comments must not contain new factual concerns a complaint filed by the the reviews need not reapply for such information and must otherwise comply United States against the Defendants access. A separate service list will be with section 207.68 of the Commission’s pursuant to Section 301(a) of the Clean maintained by the Secretary for those rules. All written submissions must Water Act (‘‘CWA’’), 33 U.S.C. 1311(a), parties authorized to receive BPI under conform with the provisions of section to obtain injunctive relief from and the APO. 201.8 of the Commission’s rules; any impose civil penalties against the Staff report. The prehearing staff submissions that contain BPI must also Defendants for filling wetlands without report in the reviews will be placed in conform with the requirements of a permit. the nonpublic record on December 20, sections 201.6, 207.3, and 207.7 of the The proposed Consent Decree 2005, and a public version will be Commission’s rules. The Commission’s requires the defendants to pay a civil issued thereafter, pursuant to section rules do not authorize filing of penalty and restore the impacted 207.64 of the Commission’s rules. submissions with the Secretary by wetland to its natural grade contour. Hearing. The Commission will hold a facsimile or electronic means, except to The Department of Justice will accept hearing in connection with these the extent permitted by section 201.8 of written comments relating to this reviews beginning at 9:30 a.m. on the Commission’s rules, as amended, 67 proposed Consent Decree for thirty (30) January 24, 2006, at the U.S. FR 68036 (November 8, 2002). Even days from the date of publication of this International Trade Commission where electronic filing of a document is notice. Please address comments to Building. Requests to appear at the permitted, certain documents must also Emery Clark, Assistant United States hearing should be filed in writing with be filed in paper form, as specified in II Attorney, United States Attorney’s the Secretary to the Commission on or (C) of the Commission’s Handbook on Office, Wachovia Building, Suite 500, before January 11, 2006. A nonparty Electronic Filing Procedures, 67 FR 1441 Main Street, Columbia, South who has testimony that may aid the 68168, 68173 (November 8, 2002). Carolina 29201 and refer to United Commission’s deliberations may request Additional written submissions to the States v. Congaree Downs Limited permission to present a short statement Commission, including requests Partnership, et al., Case No. 3:05–cv– at the hearing. All parties and pursuant to section 201.12 of the 02505. nonparties desiring to appear at the Commission’s rules, shall not be The proposed Consent Decree may be hearing and make oral presentations accepted unless good cause is shown for examined at the Clerk’s Office, United should attend a prehearing conference accepting such submissions, or unless States District Court for the District of to be held at 9:30 a.m. on January 18, the submission is pursuant to a specific South Carolina, 901 Richland Lane, 2006, at the U.S. International Trade request by a Commissioner or Columbia, South Carolina. Commission Building. Oral testimony Commission staff. In addition, the proposed Consent and written materials to be submitted at In accordance with sections 201.16(c) Decree may be viewed on the World the public hearing are governed by and 207.3 of the Commission’s rules, Wide Web at http://www.usdoj.gov/ sections 201.6(b)(2), 201.13(f), 207.24, each document filed by a party to the enrd/open.html. and 207.66 of the Commission’s rules. reviews must be served on all other Parties must submit any request to Stephen Samuels, parties to the reviews (as identified by present a portion of their hearing Assistant Chief, Environmental Defense either the public or BPI service list), and testimony in camera no later than 7 Section, Environment and Natural Resources a certificate of service must be timely Division. business days prior to the date of the hearing. filed. The Secretary will not accept a [FR Doc. 05–17848 Filed 9–8–05; 8:45 am] Written submissions. Each party to the document for filing without a certificate BILLING CODE 4410–15–M reviews may submit a prehearing brief of service. to the Commission. Prehearing briefs Authority: These reviews are being must conform with the provisions of conducted under authority of title VII of the DEPARTMENT OF JUSTICE section 207.65 of the Commission’s Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Notice of Lodging of Revised Consent rules; the deadline for filing is January Decree Under the Clean Air Act 12, 2006. Parties may also file written Commission’s rules. testimony in connection with their Issued: September 2, 2005. Under 28 CFR 50.7, notice is hereby presentation at the hearing, as provided By order of the Commission. given that on August 31, 2005, a First in section 207.24 of the Commission’s Marilyn R. Abbott, Revised Consent Decree in the matter of rules, and posthearing briefs, which Secretary to the Commission. United States, et al. v. Marathon must conform with the provisions of [FR Doc. 05–17884 Filed 9–8–05; 8:45 am] Ashland Petroleum LLC, Civil Action section 207.67 of the Commission’s No. 4:01–CV–40119–PVG, was lodged BILLING CODE 7020–02–P rules. The deadline for filing with the United States District Court for posthearing briefs is February 2, 2006; the Eastern District of Michigan. witness testimony must be filed no later The First Revised Consent Decree than three days before the hearing. In DEPARTMENT OF JUSTICE supercedes a Consent Decree entered in addition, any person who has not Notice of Lodging Proposed Consent the above-referenced action in August of entered an appearance as a party to the Decree 2001 (‘‘August 2001 Consent Decree’’) reviews may submit a written statement among the United States, as Plaintiff, of information pertinent to the subject of In accordance with Departmental the County of Wayne, the State of the reviews on or before February 2, Policy, 28 CFR 50.7, notice is hereby Louisiana, and the State of Minnesota, 2006. On February 23, 2006, the given that a proposed consent decree in as Plaintiff-Intervenors, and Marathon Commission will make available to United States v. Congaree Downs Ashland Petroleum LLC (‘‘MAP’’), as parties all information on which they Limited Partnership, et al., Case No. Defendant. In the August 2001 Consent have not had an opportunity to 3:05–cv–02505, was lodged with the Decree, MAP agreed to undertake, inter

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alia, numerous projects to reduce lodged in United States v. Reichhold 31202. During the public comment emissions of air pollutants at seven Limited, et al., No. 5:03–CV–0077– period, the consent decree may also be refineries that MAP owns and operates. 3(CAR) (M.D. Ga.). The consent decree examined on the following Department The proposed First Revised Consent settles the United States’ claims against of Justice Web site: http:// Decree includes numerous changes, the Estate of Thomas W. Cleveland and www.usdoj.gov/enrd/open.html. A copy including substituting some of the Jacqueline Woolfork Mathes as well as of the consent decree may also be original control technologies that ‘‘Woolfolk Settlement Agreement obtained by mail from the Consent proved ineffective or potentially unsafe Parties’’ [Woolfolk Chemical Works, Decree Library, P.O. Box 7611, U.S. for alternative, proven technologies, Ltd; The J.W. Woolfolk Trust; John W. Department of Justice, Washington, DC. extending some compliance deadlines Moye, Thomas W. Cleveland, Jr., James 20044–7611, or by faxing or e-mailing a while accelerating others, incorporating Teabo, and Rachel Mathes, individually, request to Tonia Fleetwood, some new final emissions limits, and and in their capacity as former or [email protected], Fax No. modifying provisions relating to current Co-Trustees of the J.W. Woolfolk (202) 514–0097, phone confirmation reporting, recordkeeping, modification, Trust; The Elizabeth Woolfolk Moye number (202) 514–1547. In requesting a and termination. Trust; John W. Moye, as Trustee of the copy from the Consent Decree Library, The Department of Justice will receive Elizabeth Woolfolk Moye Trust; The please enclose a check in the amount of for a period of thirty (30) days from the Anita Woolfolk Cleveland Trust; $8.75 (25 cents per page reproduction date of this publication comments Thomas W. Cleveland, Jr. and James cost) payable to the U.S. Treasury. relating to the First Revised Consent Teabo, as former or current Trustees of Decree. Comments should be addressed The Anita Woolfolk Cleveland Trust; Ellen M. Mahan, to the Assistant Attorney General, The Jacqueline Woolfolk Mathes Trust; Assistant Chief, Environmental Enforcement Environment and Natural Resources and Rachel Mathes, as Trustee of The Section, Environment and Natural Resources Division, P.O. Box 7611, U.S. Jacqueline Woolfolk Mathes Trust] and Division. Department of Justice, Washington, DC the ‘‘Woolfolk Parties’’ [John H. [FR Doc. 05–17850 Filed 9–8–05; 8:45 am] 20044–7611, and should refer to United Thurman; Elizabeth Cleveland Martin; BILLING CODE 4410–15–M States, et al. v. Marathon Ashland Margie Cleveland Hoots; Anita Petroleum LLC, D.J. Ref. No. 90–5–2–1– Beauregard Cleveland; Blake Hansford 07247. Cleveland; Letitia M. Unver; Julia M. DEPARTMENT OF LABOR The First Revised Consent Decree may Poppell; Ann Cleveland Hoots; Deborah be examined at the Office of the United Cleveland; John C. Alden; Emma D. Office of the Secretary States Attorney, 211 W. Fort St., Suite Alden; Thomas Alden; David Victor 2300, Detroit, Michigan 48226, and at Hewes, Betty L. Hewes; Hope Hewes Submission for OMB Emergency U.S. EPA Region 5, 77 W. Jackson St., Robinson; Pamela Hewes Jones; James Review—Comment Request Chicago, IL 60604. During the public C. Liipfert, Jr.; Lucile B. Dudley; Richard September 5, 2005. comment period, the First Revised B. Liipfert; Jeptha B. Liipfert; Susan A. Consent Decree may also be examined Thurman; Mary Anne Thurman; Martha The Department of Labor (DOL) has on the following Department of Justice Kay Thurman; Thomas David Thurman; submitted the following (see below) Web site, http://www.usdoj.gov/enrd/ and Josephine Kujawinski] under information collection request (ICR), open.html. A copy of the First Revised Section 107 the Comprehensive utilizing emergency review procedures, Consent Decree may also be obtained by Environmental Response, to the Office of Management and Budget mail from the Consent Decree Library, Compensation, and Liability Act, 42 (OMB) for review and clearance in P.O. Box 7611, U.S. Department of U.S.C. 9607, in connection with the accordance with the Paperwork Justice, Washington, DC 20044–7611 or Woolfolk Chemical Superfund Site in Reduction Act of 1995 (Pub. L. 104–13, by faxing or e-mailing a request to Tonia Fort Valley, Georgia (the ‘‘Site’’). 44 U.S.C. Chapter 35). OMB approval Fleetwood ([email protected]), Under the proposed consent decree has been requested by September 16, fax number (202) 514–0097, phone the United States will participate in 2005. A copy of this ICR, with confirmation number (202) 514–1547. In recovery against Continental Insurance applicable supporting documentation, requesting a copy from the Consent Company (‘‘Continental’’) from a may be obtained by calling the DOL Decree Library, please enclose a check lawsuit against Continental to obtain Departmental Clearance Officer, Ira in the amount of $59.50 (25 cents per insurance coverage brought by the Mills, on (202) 693–4122 (this is not a page reproduction cost) payable to the Woolfolk Settlement Agreement Parties toll-free number) or e-mail: U.S. Treasury. relating to the site. [email protected]. The Department of Justice will receive Comments and questions about the William D. Brighton, for a period of thirty (30) days from the ICR listed below should be submitted to Assistant Section Chief, Environmental date of this publication comments the Office of Information and Regulatory Enforcement Section, Environment and relating to the consent decree. Affairs (OIRA), Attn.: OMB Desk Officer Natural Resources Division. Comments should be addressed to the for the Employment and Training [FR Doc. 05–17849 Filed 9–8–05; 8:45 am] Assistant Attorney General, Administration, Office of Management BILLING CODE 4410–15–M Environment and Natural Resources and Budget, Room 10235, Washington, Division, P.O. Box 7611, U.S. DC 20503 (202) 395–7316 (this is not a Department of Justice, Washington, DC toll-free number) before September 16, DEPARTMENT OF JUSTICE 20044–7611, and should refer to United 2005. Notice of Lodging of Consent Decree States v. Reichhold Limited, et al., No. The Office of Management and Budget Under the Comprehensive 5:03–CV–0077–3(CAR) (M.D. Ga.) and is particularly interested in comments DOJ #90–11–3–07282. which: Environmental Response, • Compensation, and Liability Act The consent decree may be examined Evaluate whether the proposed at the Office of the United States collection of information is necessary Notice is hereby given that on August Attorney for the Middle District of for the proper performance of the 19, 2005, a proposed consent decree was Georgia, 433 Cherry St., Macon, Georgia functions of the agency, including

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whether the information will have • Minimize the burden of the Title: Senior Community Service practical utility; collection of information on those who Employment Program Performance • Evaluate the accuracy of the are to respond, including through the Measurement System. agency’s estimate of the burden of the use of appropriate automated, OMB Control Number: 1205–0040. proposed collection of information, electronic, mechanical, or other Frequency: Quarterly; Annually. including the validity of the collection techniques or other forms of methodology and assumptions used; information technology; e.g., permitting Affected Public: Not-for-profit; • Enhance the quality, utility, and electronic submissions of responses. Business or other for-profit; Federal clarity of the information to be Agency: Employment and Training Government; and State, local or tribal. collected; and Administration. Number of Respondents: 78.

Average Total re- Total re- time per Burden Cite reference spond- Frequency 1 sponses response hours ents (minutes)

Participant Form—ETA–9020 ...... 69 Ongoing ...... 106,000 11 19,430 Community Service Assignment Form—ETA–9020 ...... 69 Ongoing ...... 110,000 5 9,170 Unsubsidized Employment Form—ETA–9022 ...... 69 Ongoing ...... 22,000 11 4,030 Exit Form—ETA–9023 ...... 69 Ongoing ...... 55,000 2 1,830 Quarterly Progress Report—ETA–5140 ...... 69 Quarterly & 345 14 80 Year-End. 502(e) Participant Form—ETA–9020 (502e) ...... 9 Ongoing ...... 13,050 3 650 502(e) Training Form—ETA–9021 (502e) ...... 9 Ongoing ...... 14,350 5 1,100 Unsubsidized Employment Form—ETA–9022 (502e) ...... 9 Ongoing ...... 1,900 11 350 502(e) Quarterly Progress Report—ETA–5140 (502e) ...... 9 Quarterly & 45 10 10 Year-End.

Sub-total ETA forms ...... 322,690 8 36,650

Total Burden Hours: 36,650. implement the performance measures laborers and mechanics employed on Total Annualized Capital/Startup and sanctions authorized by the 2000 construction projects of a similar Costs: $0. Amendments to the OAA, it is necessary character and in the localities specified Total Burden Cost (Operating/ to expand and change the existing therein. Maintaining Systems or Purchasing Quarterly Progress Report (QPR). In The determinations in these decisions Services): $0. addition, a collection of information is of prevailing rates and fringe benefits Description: This package contains required under OMB Memorandum M– have been made in accordance with 29 revised program performance reports for 02–06, which has been adopted by the CFR part 1, by authority of the Secretary the Senior Community Service Department of Labor (the Department). of Labor pursuant to the provisions of Employment Program (SCSEP). The This requirement necessitates a the Davis-Bacon Act of March 3, 1931, previously approved package permitted collection of information to implement as amended (46 Stat. 1494, as amended, implementation of the Older Americans the Administration’s common 40 U.S.C. 276a) and of other Federal Act (OAA) Amendments of 2000. That performance measures. statutes referred to in 29 CFR part 1, request reflected information collection Ira L. Mills, Appendix, as well as such additional requirements contained in the Final statutes as may from time to time be Rule submitted to OMB on December Departmental Clearance Officer/Team enacted containing provisions for the Leader. 24, 2003. The current request is for payment of wages determined to be approval of modified forms necessitated [FR Doc. 05–18003 Filed 9–8–05; 8:45 am] prevailing by the Secretary of Labor in by the implementation of an Internet- BILLING CODE 4510–30–P accordance with the Davis-Bacon Act. based SCSEP Performance and Results The prevailing rates and fringe benefits QPR (SPARQ) system due to go into determined in these decisions shall, in DEPARTMENT OF LABOR effect on July 1, 2005. accordance with the provisions of the The SCSEP is funded for Employment Standards Administration foregoing statutes, constitute the approximately $440 million and Wage and Hour Division minimum wage payable on Federal and provides over 60,000 positions in which federally assisted construction projects over 100,000 low-income persons aged Minimum Wages for Federal and to laborers and mechanics of the 55 or more are employed each year. Federally Assisted Construction; specified classes engaged on contract Over 22,000 people will be placed from General Wage Determination Decisions work of the character and in the the program into unsubsidized localities described therein. placement. The main part of the General wage determination decisions Good cause is hereby found for not program is operated by 69 grantees, of the Secretary of Labor are issued in utilizing notice and public comment either state governments or national connection with applicable law and are procedure thereon prior to the issuance non-profit organizations. The Section based on the information obtained by of these determinations as prescribed in 502(e) training portion of the program is the Department of Labor from its study 5 U.S.C. 553 and not providing for delay operated by an additional set of nine of local wage conditions and data made in the effective date as prescribed in that grantees. available from other sources. They section, because the necessity to issue To ensure that the Senior Community specify the basic hourly wage rates and current construction industry wage Service Employment Program is fringe benefits which are determined to determinations frequently and in large properly administered, and to be prevailing for the described classes of volume causes procedures to be

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impractical and contrary to the public NY20030008 (Jun. 13, 2003) MI20030031 (Jun. 13, 2003) interest. NY20030011 (Jun. 13, 2003) MI20030034 (Jun. 13, 2003) General wage determination NY20030013 (Jun. 13, 2003) MI20030035 (Jun. 13, 2003) decisions, and modifications and NY20030018 (Jun. 13, 2003) MI20030046 (Jun. 13, 2003) NY20030021 (Jun. 13, 2003) MI20030047 (Jun. 13, 2003) supersedeas decisions thereto, contain NY20030026 (Jun. 13, 2003) MI20030060 (Jun. 13, 2003) no expiration dates and are effective NY20030032 (Jun. 13, 2003) MI20030062 (Jun. 13, 2003) from the date of notice in the Federal NY20030034 (Jun. 13, 2003) MI20030063 (Jun. 13, 2003) Register, or on the date written notice NY20030044 (Jun. 13, 2003) MI20030064 (Jun. 13, 2003) is received by the agency, whichever is NY20030046 (Jun. 13, 2003) MI20030066 (Jun. 13, 2003) earlier. These decisions are to be used NY20030047 (Jun. 13, 2003) MI20030067 (Jun. 13, 2003) in accordance with the provisions of 29 NY20030048 (Jun. 13, 2003) MI20030068 (Jun. 13, 2003) MI20030069 (Jun. 13, 2003) CFR parts 1 and 5. Accordingly, the NY20030050 (Jun. 13, 2003) NY20030051 (Jun. 13, 2003) MI20030070 (Jun. 13, 2003) applicable decision, together with any NY20030066 (Jun. 13, 2003) MI20030071 (Jun. 13, 2003) modifications issued, must be made a MI20030072 (Jun. 13, 2003) part of every contract for performance of Volume II MI20030073 (Jun. 13, 2003) the described work within the Pennsylvania MI20030074 (Jun. 13, 2003) geographic area indicated as required by PA20030001 (Jun. 13, 2003) MI20030075 (Jun. 13, 2003) an applicable Federal prevailing wage PA20030002 (Jun. 13, 2003) MI20030105 (Jun. 13, 2003) law and 29 CFR part 5. The wage rates PA20030003 (Jun. 13, 2003) Minnesota PA20030004 (Jun. 13, 2003) MN20030001 (Jun. 13, 2003) and fringe benefits, notice of which is PA20030005 (Jun. 13, 2003) MN20030002 (Jun. 13, 2003) published herein, and which are PA20030006 (Jun. 13, 2003) MN20030005 (Jun. 13, 2003) contained in the Government Printing PA20030007 (Jun. 13, 2003) MN20030007 (Jun. 13, 2003) Office (GPO) document entitled PA20030008 (Jun. 13, 2003) MN20030008 (Jun. 13, 2003) ‘‘General Wage Determinations Issued PA20030009 (Jun. 13, 2003) MN20030010 (Jun. 13, 2003) Under The Davis-Bacon And Related PA20030010 (Jun. 13, 2003) MN20030012 (Jun. 13, 2003) Acts,’’ shall be the minimum paid by PA20030011 (Jun. 13, 2003) MN20030013 (Jun. 13, 2003) MN20030015 (Jun. 13, 2003) contractors and subcontractors to PA20030012 (Jun. 13, 2003) PA20030013 (Jun. 13, 2003) MN20030027 (Jun. 13, 2003) laborers and mechanics. PA20030014 (Jun. 13, 2003) MN20030031 (Jun. 13, 2003) Any person, organization, or PA20030015 (Jun. 13, 2003) MN20030035 (Jun. 13, 2003) governmental agency having an interest PA20030017 (Jun. 13, 2003) MN20030039 (Jun. 13, 2003) in the rates determined as prevailing is PA20030018 (Jun. 13, 2003) MN20030051 (Jun. 13, 2003) encouraged to submit wage rate and PA20030019 (Jun. 13, 2003) MN20030056 (Jun. 13, 2003) fringe benefits information for PA20030020 (Jun. 13, 2003) MN20030057 (Jun. 13, 2003) consideration by the Department. PA20030021 (Jun. 13, 2003) MN20030058 (Jun. 13, 2003) Further information and self- PA20030023 (Jun. 13, 2003) MN20030059 (Jun. 13, 2003) PA20030024 (Jun. 13, 2003) MN20030061 (Jun. 13, 2003) explanatory forms for the purpose of PA20030025 (Jun. 13, 2003) MN20030062 (Jun. 13, 2003) submitting this data may be obtained by PA20030026 (Jun. 13, 2003) Ohio writing to the U.S. Department of Labor, PA20030027 (Jun. 13, 2003) OH20030002 (Jun. 13, 2003) Employment Standards Administration, PA20030028 (Jun. 13, 2003) OH20030004 (Jun. 13, 2003) Wage and Hour Division, Division of PA20030030 (Jun. 13, 2003) OH20030008 (Jun. 13, 2003) Wage Determination, 200 Constitution PA20030031 (Jun. 13, 2003) OH20030028 (Jun. 13, 2003) Avenue, NW., Room S–3014, PA20030032 (Jun. 13, 2003) OH20030029 (Jun. 13, 2003) Washington, DC 20210. PA20030038 (Jun. 13, 2003) OH20030037 (Jun. 13, 2003) PA20030040 (Jun. 13, 2003) OH20030038 (Jun. 13, 2003) Modification to General Wage PA20030042 (Jun. 13, 2003) Wisconsin Determination Decisions PA20030052 (Jun. 13, 2003) WI20030001 (Jun. 13, 2003) WI20030002 (Jun. 13, 2003) The number of decisions listed to the Volume III WI20030003 (Jun. 13, 2003) Government Printing Office document None WI20030004 (Jun. 13, 2003) WI20030005 (Jun. 13, 2003) entitled ‘‘General Wage Determination Volume IV Issued Under the Davis-Bacon and WI20030006 (Jun. 13, 2003) related Acts’’ being modified are listed Illinois WI20030007 (Jun. 13, 2003) IL20030001 (Jun. 13, 2003) by Volume and State. Dates of WI20030008 (Jun. 13, 2003) IL20030002 (Jun. 13, 2003) WI20030009 (Jun. 13, 2003) publication in the Federal Register are IL20030070 (Jun. 13, 2003) WI20030010 (Jun. 13, 2003) in parentheses following the decision Michigan WI20030011 (Jun. 13, 2003) being modified. MI20030001 (Jun. 13, 2003) WI20030013 (Jun. 13, 2003) MI20030002 (Jun. 13, 2003) Volume I WI20030016 (Jun. 13, 2003) MI20030003 (Jun. 13, 2003) WI20030017 (Jun. 13, 2003) Connecticut MI20030004 (Jun. 13, 2003) WI20030019 (Jun. 13, 2003) CT20030001 (Jun. 13, 2003) MI20030005 (Jun. 13, 2003) WI20030020 (Jun. 13, 2003) CT20030002 (Jun. 13, 2003) MI20030008 (Jun. 13, 2003) WI20030021 (Jun. 13, 2003) CT20030003 (Jun. 13, 2003) MI20030010 (Jun. 13, 2003) WI20030030 (Jun. 13, 2003) CT20030004 (Jun. 13, 2003) MI20030011 (Jun. 13, 2003) WI20030032 (Jun. 13, 2003) CT20030005 (Jun. 13, 2003) MI20030012 (Jun. 13, 2003) WI20030039 (Jun. 13, 2003) New Jersey MI20030013 (Jun. 13, 2003) WI20030040 (Jun. 13, 2003) NJ20030002 (Jun. 13, 2003) MI20030015 (Jun. 13, 2003) WI20030046 (Jun. 13, 2003) NJ20030009 (Jun. 13, 2003) MI20030016 (Jun. 13, 2003) WI20030047 (Jun. 13, 2003) New York MI20030017 (Jun. 13, 2003) WI20030048 (Jun. 13, 2003) NY20030002 (Jun. 13, 2003) MI20030020 (Jun. 13, 2003) NY20030003 (Jun. 13, 2003) MI20030027 (Jun. 13, 2003) Volume V NY20030007 (Jun. 13, 2003) MI20030030 (Jun. 13, 2003) Arkansas

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AR20030001 (Jun. 13, 2003) subscription to the Davis-Bacon Online Department of Energy (DOE) AR20030023 (Jun. 13, 2003) Service (http:// representative on recent developments Texas davisbacon.fedworld.gov) of the affecting the geologic repository TX20030111 (Jun. 13, 2003) National Technical Information Service program at Yucca Mountain, Nevada. Volume VI (NTIS) of the U.S. Department of 2 p.m.–3 p.m.: NRC Project Plan for Idaho Commerce at 1–800–363–2068. This the Yucca Mountain License ID20030003 (Jun. 13, 2003) subscription offers value-added features Application Review (Open)—The ID20030015 (Jun. 13, 2003) such as electronic delivery of modified Committee will be briefed by an NRC ID20030016 (Jun. 13, 2003) wage decisions directly to the user’s representative on staff plans for the ID20030017 (Jun. 13, 2003) desktop, the ability to access prior wage review of a DOE license application to ID20030018 (Jun. 13, 2003) decisions issued during the year, construct a proposed geologic repository ID20030019 (Jun. 13, 2003) extensive Help desk Support, etc. at Yucca Mountain. Montana Hard-copy subscriptions may be 3:15 p.m.–4:45 p.m.: 2005 Update to MT20030001 (Jun. 13, 2003) the DOE Performance Confirmation MT20030003 (Jun. 13, 2003) purchased from: Superintendent of MT20030004 (Jun. 13, 2003) Documents, U.S. Government Printing Program Plan (Open)—The Committee MT20030005 (Jun. 13, 2003) Office, Washington, DC 20402, (202) will be briefed by a DOE representative MT20030006 (Jun. 13, 2003) 512–1800. on the Performance Confirmation Plan MT20030007 (Jun. 13, 2003) When ordering hard-copy to be included in any DOE license MT20030033 (Jun. 13, 2003) subscription(s), be sure to specify the application requesting authorization to MT20030034 (Jun. 13, 2003) State(s) of interest, since subscriptions construct a geologic repository at Yucca MT20030035 (Jun. 13, 2003) may be ordered for any or all of the six Mountain. Oregon separate volumes, arranged by State. 4:45 p.m.–5:15 p.m.: ACNW Low-Level OR20030001 (Jun. 13, 2003) Subscriptions include an annual edition Radioactive (LLW) White Paper: Status OR20030002 (Jun. 13, 2003) Report (Open)—The Committee will Washington (issued in January or February) which WA20030001 (Jun. 13, 2003) includes all current general wage discuss progress in development of a WA20030002 (Jun. 13, 2003) determinations for the States covered by proposed White Paper on LLW each volume. Throughout the remainder management issues. Volume VII of the year, regular weekly updates will 5:15 p.m.–5:45 p.m.: ACNW California be distributed to subscribers. Subcommittee Report on DOE CA20030001 (Jun. 13, 2003) Probabilistic Volcanic Hazards Analysis CA20030002 (Jun. 13, 2003) Signed at Washington, DC, this 1st day of September 6, 2005. (PVHA) Workshop (Open)—The CA20030004 (Jun. 13, 2003) Committee will hear a report from those CA20030009 (Jun. 13, 2003) Shirley Ebbesen, Members who observed the August 2005 CA20030019 (Jun. 13, 2003) Chief, Branch of Construction Wage CA20030023 (Jun. 13, 2003) Determinations. DOE PVHA expert elicitation update. CA20030025 (Jun. 13, 2003) [FR Doc. 05–17781 Filed 9–8–05; 8:45 am] Wednesday, September 21, 2005, CA20030027 (Jun. 13, 2003) BILLING CODE 4510–27–M Pacific Enterprise Plaza Building One, CA20030028 (Jun. 13, 2003) 3250 Pepper Lane, Las Vegas, Nevada CA20030029 (Jun. 13, 2003) CA20030030 (Jun. 13, 2003) 89120 CA20030031 (Jun. 13, 2003) NUCLEAR REGULATORY 8:30 a.m.–8:40 a.m.: Opening CA20030032 (Jun. 13, 2003) COMMISSION Remarks by the ACNW Chairman CA20030033 (Jun. 13, 2003) (Open)—The ACNW Chairman will CA20030035 (Jun. 13, 2003) Advisory Committee on Nuclear make opening remarks regarding the CA20030036 (Jun. 13, 2003) Waste; Meeting Notice CA20030037 (Jun. 13, 2003) conduct of the meeting. Hawaii In accordance with the purposes of 8:40 a.m.–10:40 a.m.: 1995 National HI20030001 (Jun. 13, 2003) Sections 29 and 182b. of the Atomic Academy of Sciences (NAS) Nevada Energy Act (42 U.S.C. 2039, 2232b), the Recommendations for Yucca Mountain NV20030009 (Jun. 13, 2003) Advisory Committee on Nuclear Waste Standards and the 2000 Court Remand (ACNW) will hold a meeting on (Open)—Two Members of the NAS General Wage Determination Committee that developed Publication September 20–21, 2005, Pacific Enterprise Plaza Building One, 3250 recommendations for site-specific General wage determinations issued Pepper Lane, Las Vegas, Nevada 89120. radiation standards will discuss their under the Davis-Bacon and related Acts, individual views regarding the 2005 including those noted above, may be Tuesday, September 20, 2005, Pacific Court decision vacating the 10,000-year found in the Government Printing Office Enterprise Plaza Building One, 3250 time period of regulatory compliance in (GPO) document entitled ‘‘General Wage Pepper Lane, Las Vegas, Nevada 89120 40 CFR part 197, as well as the NAS Determinations Issued Under The Davis- 9:45 a.m.–10 a.m.: Opening Remarks earlier one million year time frame Bacon And Related Acts’’. This by the ACNW Chairman (Open)—The recommendation. publication is available at each of the 50 ACNW Chairman will make opening 11 a.m.–12 Noon: Evolution of Regional Government Depository remarks regarding the conduct of the Climate in the Yucca Mountain Area Libraries and many of the 1,400 meeting. over the Next Million Years (Open)—An Government Depository Libraries across 10 a.m.–11:45 a.m.: Discussion of invited expert will brief the Committee the country. Prepared Letters/Reports (Open)—The on projected climate trends in the Yucca General wage determinations issued Committee will discuss proposed Mountain region and discuss possible under the Davis-Bacon and related Acts ACNW reports on matters considered implications for the regional ground- are available electronically at no cost on during this meeting. water flow system. the Government Printing Office site at 1 p.m.–2 p.m.: Overview on Status of 1:15 p.m.–2:15 p.m.: An Approach to http://www.access.gpo.gov/davisbacon. Yucca Mountain Project (Open)—The the Modeling of Magma/Repository They are also available electronically by Committee will be briefed by a U.S. Interactions (Open) An ACNW

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consultant will discuss his views on possibility that the schedule for ACNW —No food or drink other than bottled water how this potentially disruptive event meetings may be adjusted by the will be allowed in the meeting facility. might be modeled for the purposes of a Chairman as necessary to facilitate the —Access to the parking lot in front of the Yucca Mountain performance conduct of the meeting, persons meeting facility is restricted to participants to the meeting and not available to the assessment. planning to attend should check with general public. Ample street parking for 2:15 p.m.–3:15 p.m.: ACNW Summer the Cognizant ACNW staff if such the public is available nearby on Pepper Intern Project: Modeling a Volcanic Ash rescheduling would result in major Lane and Sagebrush Lane. Plume (Open) The Committee will inconvenience. Dated: September 2, 2005. receive a briefing on how the HYSPLIT Further information regarding topics (Hyprid-Particle Lagrangian Integrated to be discussed, whether the meeting Annette Vietti-Cook, Trajectory) atmospheric dispersion has been canceled or rescheduled, as Secretary of the Commission. model, developed by the National well as the Chairman’s ruling on [FR Doc. E5–4901 Filed 9–8–05; 8:45 am] Oceanographic and Atmospheric requests for the opportunity to present BILLING CODE 7590–01–P Administration, was used to develop an oral statements and the time allotted alternative ash plume dispersion therefor can be obtained by contacting analysis for the Yucca Mountain site. Ms. Sharon Steele, ACNW Senior Staff NUCLEAR REGULATORY 3:30 p.m.–4:30 p.m.: ACNW Engineer (301–415–8065), between 8 COMMISSION Subcommittee Report on August 2005 a.m. and 5 p.m., ET. Savannah River and Barnwell LLW ACNW meeting agenda, meeting Advisory Committee on Nuclear Waste Disposal Site Visit (Open)—The transcripts, and letter reports are Meeting on Planning and Procedures; Committee will hear a report from those available through the NRC Public Notice of Meeting Members who participated in the Document Room (PDR) at [email protected], The Advisory Committee on Nuclear aforementioned visits. or by calling the PDR at 1–800–397– Waste (ACNW) will hold Planning and 4:30 p.m.–5 p.m.: Continuation of 4209, or from the Publicly Available Procedures meetings on September 20 Discussion of Possible Letter/Reports Records System (PARS) component of and 22, 2005, in Las Vegas, Nevada. The (Open)—The Committee will continue NRC’s document system (ADAMS) meetings will be open to public its discussion of proposed ACNW which is accessible from the NRC Web attendance, with the exception of reports. site at http://www.nrc.gov/reading-rm/ portions that will be closed pursuant to 5 p.m.–5:30 p.m.: Miscellaneous adams.html or http://www.nrc.gov/ 5 U.S.C. 552b (c) (2) and (6) to discuss (Open)—The Committee will discuss reading-rm/doc-collections/ (ACRS & organizational and personnel matters matters related to the conduct of ACNW Meeting schedules/agendas). that relate solely to internal personnel Committee activities and matters and Videoteleconferencing service is rules and practices of ACNW, and specific issues that were not completed available for observing open sessions of information the release of which would during previous meetings, as time and ACNW meetings. Those wishing to use constitute a clearly unwarranted availability of information permit. this service for observing ACNW invasion of personal privacy. The 6 p.m.–8 p.m.: ACNW Public meetings should contact Mr. Theron Outreach Meeting (Open)—The purpose agenda for the subject meetings shall be Brown, ACNW Audio Visual Technician as follows: of meeting is to develop information to (301–415–8066), between 7:30 a.m. and advise the Commission on concerns of 3:45 p.m., ET, at least 10 days before the Tuesday, September 20, 2005, 8 a.m.– Yucca Mountain stakeholders, and to meeting to ensure the availability of this 9:30 a.m. (Open) advise the NRC Commission on service. Individuals or organizations The Committee will discuss proposed opportunities to provide better requesting this service will be ACNW activities and related matters. involvement of the stakeholders in responsible for telephone line charges The purpose of this meeting is to gather NRC’s prelicensing process. and for providing the equipment and information, analyze relevant issues and Procedures for the conduct of and facilities that they use to establish the facts, and formulate proposed positions participation in ACNW meetings were videoteleconferencing link. The and actions, as appropriate, for published in the Federal Register on availability of videoteleconferencing deliberation by the full Committee. October 5, 2004 (69 FR 59620). In services is not guaranteed. accordance with those procedures, oral Thursday, September 22, 2005, 8:30 Notes: or written views may be presented by • Presentation time should not exceed 50 a.m.–12 Noon (Closed) members of the public, including percent of the total time allocated for a The Committee will discuss current representatives of the nuclear industry. specific item. The remaining 50 percent of and future challenges, and future needs Electronic recordings will be permitted the time is reserved for discussion. (e.g., staffing, qualification). only during the open portions of the • Fifty (50) hard copies and one (1) meeting. Persons desiring to make oral electronic copy of the presentation materials Thursday, September 22, 2005, 1:30 statements should notify the Cognizant should be provided to the ACNW. p.m.–5 p.m. (Open) • ACNW meeting schedules are subject to ACNW staff named below five days change. Presentations may be canceled or The Committee will (1) evaluate before the meeting, if possible, so that rescheduled to another day. If such a change ACNW’s progress against the 2005–2006 appropriate arrangements can be made would result in significant inconvenience or Action Plan, (2) determine a path to allow necessary time during the hardship, be sure to verify the schedule with forward and action items to keep the meeting for such statements. Use of still, Ms. Sharon Steele at 301–415–6805 between Committee on track to successfully motion picture, and television cameras 8 a.m. and 4 p.m. prior to the meeting. • accomplish Action Plan items not yet during the meeting may be limited to Special instructions concerning the completed, and (3) determine whether meeting facility: selected portions of the meeting as changes are needed to the Action Plan. determined by the Chairman. —Attendees at this meeting will be subject to Members of the public desiring to security screening prior to entering the Information regarding the time to be set meeting facility. provide oral statements and/or written aside for this purpose may be obtained —Attendees should plan to arrive comments should notify the Designated by contacting the Cognizant ACNW staff approximately 45 minutes prior to the Federal Official, Ms. Sharon A. Steele prior to the meeting. In view of the meeting. (Telephone: 301/415-6805) between 8

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a.m. and 5:15 p.m. (ET) five days prior Dated: September 2, 2005. SECURITIES AND EXCHANGE to the meeting, if possible, so that Steve Carp, COMMISSION appropriate arrangements can be made. Legal Analyst. [Release No. 34–52382] Electronic recordings will be permitted [FR Doc. 05–17899 Filed 9–8–05; 8:45 am] only during those portions of the BILLING CODE 4310–4R–P Order Pursuant to Section 11A of the meeting that are open to the public. Further information regarding this Securities Exchange Act of 1934 and meeting can be obtained by contacting Rule 608(e) Thereunder Extending a De the Designated Federal Official between Minimis Exemption for Transactions in 8:30 a.m. and 5:15 p.m. (e.t.). Persons SECURITIES AND EXCHANGE Certain Exchange-Traded Funds from planning to attend this meeting are COMMISSION the Trade-Through Provisions of the urged to contact the above named Intermarket Trading System Sunshine Act Meeting individual at least two working days September 6, 2005. prior to the meeting to be advised of any Notice is hereby given, pursuant to This order extends, through June 28, potential changes in the agenda. the provisions of the Government in the 2006, a de minimis exemption to the Dated: September 1, 2005. Sunshine Act, Pub. L. 94–409, that the provisions of the Intermarket Trading Sharon A. Steele, Securities and Exchange Commission System Plan (‘‘ITS Plan’’),1 a national Acting Branch Chief, ACRS/ACNW. will hold the following meeting during market system plan,2 governing [FR Doc. E5–4902 Filed 9–8–05; 8:45 am] the week of September 12, 2005: intermarket trade-throughs that expired on September 4, 2005. The de minimis BILLING CODE 7590–01–P A closed meeting will be held on exemption was originally issued by the Thursday, September 15, 2005 at 2 p.m. Commission on August 28, 2002 3 and PRESIDIO TRUST Commissioners, Counsel to the extended on May 30, 2003,4 on March Commissioners, the Secretary to the 3, 2004,5 and on December 3, 2004.6 Notice of Receipt of and Availability for Commission, and recording secretaries Specifically, this order continues the Public Comment on an Application for will attend the closed meeting. Certain de minimis exemption from compliance Wireless Telecommunications staff members who have an interest in with Section 8(d)(i) of the ITS Plan with Facilities Site; The Presidio of San the matters may also be present. respect to two specific exchange-traded Francisco, California The General Counsel of the Commission, or his designee, has 1 The self-regulatory organizations (‘‘SROs’’) AGENCY: The Presidio Trust. participating in the ITS Plan include the American certified that, in his opinion, one or ACTION: Public notice. Stock Exchange LLC, the Boston Stock Exchange, more of the exemptions set forth in 5 Inc., the Chicago Board Options Exchange, Inc., the SUMMARY: This notice announces the U.S.C. 552b(c)(3), (5), (7), (9)(B), and Chicago Stock Exchange, Inc., the National Stock Presidio Trust’s receipt of and (10) and 17 CFR 200.402(a)(3), (5), (7), Exchange, Inc. (formerly the Cincinnati Stock Exchange, Inc.), the National Association of availability for public comment on an 9(ii) and (10) permit consideration of Securities Dealers, Inc. (‘‘NASD’’), the New York application from New Cingular Wireless the scheduled matters at the closed Stock Exchange, Inc., the Pacific Exchange, Inc., PCS, LLC for installation of a wireless meeting. and the Philadelphia Stock Exchange, Inc. telecommunications facilities site (collectively, the ‘‘participants’’). See Securities Commissioner Campos, as duty Exchange Act Release No. 19456 (January 27, 1983), (‘‘Project’’) in The Presidio of San officer, voted to consider the items 48 FR 4938 (February 3, 1983). Francisco. The proposed location of the listed for the closed meeting in closed 2 Securities Exchange Act of 1934 (‘‘Act’’) Rule Project is the south side of the session. 11Aa3–2(d), 17 CFR 240.11Aa3–2(d), promulgated MacArthur Tunnel. under Section 11A, 15 U.S.C. 78k–1, of the Act The Project involves (i) installing a The subject matters of the closed requires each SRO to comply with, and enforce meeting scheduled for Thursday, compliance by its members and their associated 32-foot pole with two sets of antennae persons with, the terms of any effective national panels and power and September 15, 2005, will be: market system plan of which it is a sponsor or telecommunications panels, (ii) placing Formal orders of investigations; participant. Rule 608(e) (formerly Rule 11Aa3–2(f)), the associated telecommunications 17 CFR 242.608(e), under the Act authorizes the Institution and settlement of Commission to exempt, either unconditionally or equipment within three cabinets on a injunctive actions; and on specified terms and conditions, any SRO, concrete pad, and (iii) mounting two member of an SRO, or specified security from the antennae on the south face of the Institution and settlement of requirement of the rule if the Commission MacArthur Tunnel wall. Power and administrative proceedings of an determines that such exemption is consistent with enforcement nature. the public interest, the protection of investors, the telecommunications service will be maintenance of fair and orderly markets and the brought to the site via underground At times, changes in Commission removal of impediments to, and perfection of the trench. priorities require alterations in the mechanisms of, a national market system. 3 Comments: Comments on the scheduling of meeting items. See Securities Exchange Act Release No. 46428 proposed project must be sent to Steve (August 28, 2002), 67 FR 56607 (September 4, 2002) Carp, Presidio Trust, 34 Graham Street, For further information and to (the ‘‘August 2002 Order’’). The August 2002 Order ascertain what, if any, matters have been granted relief through June 4, 2003. P.O. Box 29052, San Francisco, CA 4 See Securities Exchange Act Release No. 47950 94129–0052, and be received by October added, deleted or postponed, please (May 30, 2003), 68 FR 33748 (June 5, 2003) (the 12, 2005. A copy of Cingular’s contact: ‘‘May 2003 Order’’). The May 2003 Order granted application is available upon request to relief through March 4, 2004. The Office of the Secretary at (202) 5 the Presidio Trust. See Securities Exchange Act Release No. 49356 551–5400. (March 3, 2004), 69 FR 11057 (March 9, 2004) (the FOR FURTHER INFORMATION CONTACT: Dated: September 7, 2005. ‘‘March 2004 Order’’). The March 2004 Order Steve Carp, Presidio Trust, 34 Graham granted relief through December 4, 2004. Street, P.O. Box 29052, San Francisco, Jonathan G. Katz, 6 See Securities Exchange Act Release No. 50795 Secretary. (December 3, 2004), 69 FR 71445 (December 9, CA 94129–0052. E-mail: 2004) (the ‘‘December 2004 Order’’). The December [email protected]. Telephone: [FR Doc. 05–17996 Filed 9–7–05; 11 am] 2004 Order granted relief through September 4, 415–561–5300. BILLING CODE 8010–01–P 2005.

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funds (‘‘ETFs’’), the Dow Jones de minimis exemption in effect continue Microage, Inc., MigraTEC, Inc., Network Industrial Average ETF (‘‘DIA’’) and the to be valid. Computing Devices, Inc., Pacific Systems Standard & Poor’s 500 Index ETF Therefore, to maintain the status quo Control Technology, Inc., Paracelsian, Inc., (‘‘SPY’’).7 By its terms, the December and avoid requiring market participants Pharmaprint, Inc., Pinnacle Micro, Inc., Semiconductor Laser International Corp., 2004 Order continued the exemption to make short-term trading or Socrates Technologies Corp., Star from the trade-through provisions of the programming changes pending such Technologies, Inc., Sunrise Technologies ITS Plan of any transactions in the two implementation, it is appropriate to International, Inc., Telemonde, Inc., ETFs that are effected at prices at or extend the de minimis exemption thehealthchannel.com, Inc., Transmedia Asia within three cents away from the best through June 28, 2006, the day before Pacific, Inc., Tristar Corp., VDC bid and offer quoted in the Consolidated the first scheduled date of that Communications, Inc., Vianet Technologies, Quote System (‘‘CQS’’) for a period of implementation under Regulation NMS. Inc., and Visionamerica, Inc. nine months, which ended on The Commission will consider whether It appears to the Securities and September 4, 2005. to extend the de minimis exemption Exchange Commission that there is a Our August 2002, May 2003, March further if the DIA or the SPY are not lack of current and accurate information 2004, and December 2004 orders chosen to be included in the NMS concerning the securities of Advanced discussed our basis for determining that compliance phase that begins on June Media, Inc., because it is delinquent in issuing and extending the de minimis 29, 2006. The Commission emphasizes, its periodic filing obligations under exemption was consistent with the as it did in the December 2004 Order, Section 13(a) of the Securities Exchange public interest, the protection of the March 2004 Order, the May 2003 Act of 1934, having not filed a periodic investors, the maintenance of fair and Order, and the August 2002 Order, that report since the period ending orderly markets and the removal of the de minimis exemption does not September 30, 1998. impediments to, and perfection of the relieve brokers and dealers of their best It appears to the Securities and mechanisms of, a national market execution obligations under the federal Exchange Commission that there is a system. The December 2004 Order securities laws and SRO rules. lack of current and accurate information further noted that: Accordingly, it is ordered, pursuant to concerning the securities of Air Section 11A of the Act and Rule 608(e) Packaging Technologies, Inc., because it In March 2004 and in May 2003, the thereunder,9 that participants of the ITS Commission extended the three cent de is delinquent in its periodic filing minimis exemption for additional nine- Plan and their members are hereby obligations under Section 13(a) of the month periods, in order to assess trading data exempt from Section 8(d) of the ITS Securities Exchange Act of 1934, having associated with the de minimis exemption Plan during the period covered by this not filed a periodic report since the and to consider whether to adopt the de Order with respect to transactions in period ending September 30, 2002. minimis exemption on a permanent basis, to DIAs and SPYs that are executed at a It appears to the Securities and adopt some other alternative solution, or to price that is no more than three cents Exchange Commission that there is a allow the exemption to expire. As a result of lower than the highest bid displayed in lack of current and accurate information its review of trading data associated with the CQS and no more than three cents concerning the securities of American de minimis exemption, the Commission has higher than the lowest offer displayed in proposed, as part of its market structure Film Technologies, Inc., because it is initiatives, Regulation NMS under the Act, CQS. This Order extends the de minimis delinquent in its periodic filing which would include a new rule relating to exemption from September 4, 2005 obligations under Section 13(a) of the trade-throughs. through June 28, 2006. Securities Exchange Act of 1934, having By the Commission. not filed a periodic report since the On April 6, 2005, the Commission Jonathan G. Katz, period ending September 30, 2000. approved Regulation NMS under the It appears to the Securities and Act.8 In Regulation NMS, the Secretary. [FR Doc. 05–17954 Filed 9–6–05; 4:12 pm] Exchange Commission that there is a Commission adopted an approach that, lack of current and accurate information BILLING CODE 8010–01–P among other things, protects only concerning the securities of American automated quotations and excludes Plastics & Chemicals, Inc., because it is manual quotations from trade-through delinquent in its periodic filing protection, and renders the de minimis SECURITIES AND EXCHANGE COMMISSION obligations under Section 13(a) of the exemption unnecessary. However, until Securities Exchange Act of 1934, having Regulation NMS is implemented in this [File No. 500–1] not filed a periodic report since the regard, the reasons for maintaining the period ending August 31, 1995. Order of Suspension of Trading It appears to the Securities and 7 The Commission limited the de minimis Exchange Commission that there is a exemption to these two securities because they September 7, 2005. share certain characteristics that may make In the Matter of Advanced Media, Inc., Air lack of current and accurate information immediate execution of their shares highly Packaging Technologies, Inc., American Film concerning the securities of AmeriQuest desirable to certain investors. In particular, trading Technologies, Inc., American Plastics & Technologies, Inc., because it is in the two ETFs is highly liquid and market Chemicals, Inc., AmeriQuest Technologies, delinquent in its periodic filing participants may value an immediate execution at a displayed price more than the opportunity to Inc., Apparel Technologies, Inc., BPI obligations under Section 13(a) of the obtain a slightly better price. Unlike prior orders, Packaging Technologies, Inc., Chantal Securities Exchange Act of 1934, having the December 2004 extension of the de minimis Pharmaceutical Corp., CML Group, Inc., not filed a periodic report since the exemption applied only to the DIA and the SPY, Compositech, Ltd., Crown Laboratories, Inc., period ending December 31, 2001. and not the QQQ, because, on December 1, 2004, DBS Industries, Inc., Dental Medical It appears to the Securities and trading of the QQQ transferred from the American Diagnostic Systems, Inc., Dispatch Stock Exchange to Nasdaq, and thus trades in the Management Services Corp., Eglobe, Inc., Exchange Commission that there is a QQQ ceased to be subject to the trade-through Enamelon, Inc., Finantra Capital, Inc., First lack of current and accurate information provisions of the ITS Plan. Accordingly, an concerning the securities of Apparel exemption for the QQQ was no longer necessary. Scientific, Inc., Hayes Corp., Hybrid See December 2004 Order. Networks, Inc., iPrint Technologies, Inc., Technologies, Inc., because it is 8 See Securities Exchange Act Release No. 51808 delinquent in its periodic filing (June 9, 2005), 70 FR 37496 (June 29, 2005). 9 17 CFR 242.608(e). obligations under Section 13(a) of the

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Securities Exchange Act of 1934, having the Securities Exchange Act of 1934, Exchange Act of 1934 and Rules 13a–1 not filed a periodic report since the having not filed a periodic report since and 13a–13 thereunder, it is delinquent period ending February 28, 1998. the period ending December 31, 2000. in its periodic filing obligations under It appears to the Securities and It appears to the Securities and Section 13(a) of the Securities Exchange Exchange Commission that there is a Exchange Commission that there is a Act of 1934, having not filed a periodic lack of current and accurate information lack of current and accurate information report since the period ending March concerning the securities of BPI concerning the securities of Dispatch 31, 2002. Packaging Technologies, Inc., because it Management Services Corp., because it It appears to the Securities and is delinquent in its periodic filing is delinquent in its periodic filing Exchange Commission that there is a obligations under Section 13(a) of the obligations under Section 13(a) of the lack of current and accurate information Securities Exchange Act of 1934, having Securities Exchange Act of 1934, having concerning the securities of iPrint not filed a periodic report since the not filed a periodic report since the Technologies, Inc., because it is period ending September 30, 2000. period ending September 30, 2000. delinquent in its periodic filing It appears to the Securities and It appears to the Securities and obligations under Section 13(a) of the Exchange Commission that there is a Exchange Commission that there is a Securities Exchange Act of 1934, having lack of current and accurate information lack of current and accurate information not filed a periodic report since the concerning the securities of Chantal concerning the securities of Eglobe, Inc., period ending June 30, 2002. Pharmaceutical Corp., because it is because it is delinquent in its periodic It appears to the Securities and delinquent in its periodic filing filing obligations under Section 13(a) of Exchange Commission that there is a obligations under Section 13(a) of the the Securities Exchange Act of 1934, lack of current and accurate information Securities Exchange Act of 1934, having having not filed a periodic report since concerning the securities of Microage, not filed a periodic report since the the period ending September 30, 2000. Inc., because it is delinquent in its period ending March 31, 1998. It appears to the Securities and periodic filing obligations under Section It appears to the Securities and Exchange Commission that there is a 13(a) of the Securities Exchange Act of Exchange Commission that there is a lack of current and accurate information 1934, having not filed a periodic report lack of current and accurate information concerning the securities of Enamelon, since the period ending July 30, 2000. concerning the securities of CML Group, Inc., because it is delinquent in its It appears to the Securities and Inc., because it is delinquent in its periodic filing obligations under Section Exchange Commission that there is a periodic filing obligations under Section 13(a) of the Securities Exchange Act of lack of current and accurate information 13(a) of the Securities Exchange Act of 1934, having not filed a periodic report concerning the securities of MigraTEC, 1934, having not filed a periodic report since the period ending December 31, Inc., because it is delinquent in its since the period ending July 31, 1998. 1999. periodic filing obligations under Section It appears to the Securities and It appears to the Securities and 13(a) of the Securities Exchange Act of Exchange Commission that there is a Exchange Commission that there is a 1934, having not filed a periodic report lack of current and accurate information lack of current and accurate information since the period ending June 30, 2003. concerning the securities of concerning the securities of Finantra It appears to the Securities and Compositech, Ltd., because it is Capital, Inc., because it is delinquent in Exchange Commission that there is a delinquent in its periodic filing its periodic filing obligations under lack of current and accurate information obligations under Section 13(a) of the Section 13(a) of the Securities Exchange concerning the securities of Network Securities Exchange Act of 1934, having Act of 1934, having not filed a periodic Computing Devices, Inc., because it is not filed a periodic report since the report since the period ending delinquent in its periodic filing period ending September 30, 2000. September 30, 2000. obligations under Section 13(a) of the It appears to the Securities and It appears to the Securities and Securities Exchange Act of 1934, having Exchange Commission that there is a Exchange Commission that there is a not filed a periodic report since the lack of current and accurate information lack of current and accurate information period ending March 31, 2002. concerning the securities of Crown concerning the securities of First It appears to the Securities and Laboratories, Inc., because it is Scientific, Inc., because it is delinquent Exchange Commission that there is a delinquent in its periodic filing in its periodic filing obligations under lack of current and accurate information obligations under Section 13(a) of the Section 13(a) of the Securities Exchange concerning the securities of Pacific Securities Exchange Act of 1934, having Act of 1934, having not filed a periodic Systems Control Technology, Inc., not filed a periodic report since the report since the period ending because it is delinquent in its periodic period ending June 30, 1998. December 31, 2001. filing obligations under Section 13(a) of It appears to the Securities and It appears to the Securities and the Securities Exchange Act of 1934, Exchange Commission that there is a Exchange Commission that there is a having not filed a periodic report since lack of current and accurate information lack of current and accurate information the period ending September 30, 2003. concerning the securities of DBS concerning the securities of Hayes It appears to the Securities and Industries, Inc., because it is delinquent Corp., because it is delinquent in its Exchange Commission that there is a in its periodic filing obligations under periodic filing obligations under Section lack of current and accurate information Section 13(a) of the Securities Exchange 13(a) of the Securities Exchange Act of concerning the securities of Paracelsian, Act of 1934, having not filed a periodic 1934, having not filed a periodic report Inc., because it is delinquent in its report since the period ending March since the period ending October 3, 1998. periodic filing obligations under Section 31, 2002. It appears to the Securities and 13(a) of the Securities Exchange Act of It appears to the Securities and Exchange Commission that there is a 1934, having not filed a periodic report Exchange Commission that there is a lack of current and accurate information since the period ending June 30, 2002. lack of current and accurate information concerning the securities of Hybrid It appears to the Securities and concerning the securities of Dental Networks, Inc., because despite a June Exchange Commission that there is a Medical Diagnostic Systems, Inc., 29, 2000 court order permanently lack of current and accurate information because it is delinquent in its periodic enjoining it against future violations of concerning the securities of filing obligations under Section 13(a) of Section 13(a) of the Securities and Pharmaprint, Inc., because it is

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delinquent in its periodic filing concerning the securities of Telemonde, not filed a periodic report since the obligations under Section 13(a) of the Inc., because it is delinquent in its period ending June 30, 2000. Securities Exchange Act of 1934, having periodic filing obligations under Section The Commission is of the opinion that not filed a periodic report since the 13(a) of the Securities Exchange Act of the public interest and the protection of period ending December 31, 2000. 1934, having not filed a periodic report investors require a suspension of trading It appears to the Securities and since the period ending June 30, 2002. in the securities of the above-listed Exchange Commission that there is a It appears to the Securities and companies. lack of current and accurate information Exchange Commission that there is a Therefore, it is ordered, pursuant to concerning the securities of Pinnacle lack of current and accurate information Section 12(k) of the Securities Exchange Micro, Inc., because despite an October concerning the securities of Act of 1934, that trading in the 3, 1997 Commission cease-and-desist thehealthchannel.com, Inc., because it is securities of the above-listed companies order against future violations of delinquent in its periodic filing is suspended for the period from 9:30 Section 13(a) of the Securities Exchange obligations under Section 13(a) of the a.m. EDT on September 7, 2005, through Act of 1934 and Rules 13a–1 and 13a– Securities Exchange Act of 1934, having 11:59 p.m. EDT on September 20, 2005. 13 thereunder, it is delinquent in its not filed a periodic report since the By the Commission. periodic filing obligations under Section period ending September 30, 2001. 13(a) of the Securities Exchange Act of It appears to the Securities and Jill M. Peterson, 1934, having not filed a periodic report Exchange Commission that there is a Assistant Secretary. since the period ending December 25, lack of current and accurate information [FR Doc. 05–17991 Filed 9–7–05; 11:52 am] 1999. concerning the securities of Transmedia BILLING CODE 8010–01–P It appears to the Securities and Asia Pacific, Inc., because it is Exchange Commission that there is a delinquent in its periodic filing lack of current and accurate information obligations under Section 13(a) of the SECURITIES AND EXCHANGE concerning the securities of Securities Exchange Act of 1934, having COMMISSION Semiconductor Laser International not filed a periodic report since the [Release No. 34–52376; File No. SR–NASD– Corp., because it is delinquent in its period ending December 31, 2000. 2005–102] periodic filing obligations under Section It appears to the Securities and 13(a) of the Securities Exchange Act of Exchange Commission that there is a Self-Regulatory Organizations; 1934, having not filed a periodic report lack of current and accurate information National Association of Securities since the period ending September 30, concerning the securities of Tristar Dealers, Inc.; Notice of Filing and 2000. Corp., because despite a September 29, Immediate Effectiveness of Proposed It appears to the Securities and 1995 Commission cease-and-desist Rule Change and Amendment No. 1 Exchange Commission that there is a order against future violations of Thereto To Allow Members To Report lack of current and accurate information Section 13(a) of the Securities Exchange Certain Trades in Exchange-Listed concerning the securities of Socrates Act of 1934 and Rules 13a–1 and 13a– Securities Through the Execution Technologies Corp., because it is 13 thereunder, it is delinquent in its Services of the Nasdaq Market Center delinquent in its periodic filing periodic filing obligations under Section obligations under Section 13(a) of the 13(a) of the Securities Exchange Act of September 1, 2005. Securities Exchange Act of 1934, having 1934, having not filed a periodic report Pursuant to Section 19(b)(1) of the not filed a periodic report since the since the period ending February 24, Securities Exchange Act of 1934 period ending September 30, 2000. 2001. (‘‘Act’’),1 and Rule 19b–4 thereunder,2 It appears to the Securities and It appears to the Securities and notice is hereby given that on August Exchange Commission that there is a Exchange Commission that there is a 26, 2005, the National Association of lack of current and accurate information lack of current and accurate information Securities Dealers, Inc. (‘‘NASD’’), concerning the securities of Star concerning the securities of VDC through its subsidiary, The Nasdaq Technologies, Inc., because despite a Communications, Inc., because it is Stock Market, Inc. (‘‘Nasdaq’’), filed November 15, 1993 Commission cease- delinquent in its periodic filing with the Securities and Exchange and-desist order against future obligations under Section 13(a) of the Commission (‘‘Commission’’) the violations of Section 13(a) of the Securities Exchange Act of 1934, having proposed rule change as described in Securities Exchange Act of 1934 and not filed a periodic report since the Items I, II, and III below, which Items Rules 13a–1 and 13a–13 thereunder, it period ending March 31, 2001. have been prepared by Nasdaq. On is delinquent in its periodic filing It appears to the Securities and August 31, 2005, Nasdaq filed obligations under Section 13(a) of the Exchange Commission that there is a Amendment No. 1 to the proposed rule Securities Exchange Act of 1934, having lack of current and accurate information change.3 Nasdaq filed the proposed rule not filed a periodic report since the concerning the securities of Vianet change pursuant to Section 19(b)(3)(A) period ending September 30, 1999. Technologies, Inc., because it is of the Act 4 and Rule 19b–4(f)(5) 5 It appears to the Securities and delinquent in its periodic filing thereunder, and therefore the proposed Exchange Commission that there is a obligations under Section 13(a) of the rule change is effective upon filing with lack of current and accurate information Securities Exchange Act of 1934, having the Commission. The Commission is concerning the securities of Sunrise not filed a periodic report since the publishing this notice to solicit Technologies International, Inc., period ending December 31, 2002. because it is delinquent in its periodic It appears to the Securities and 1 15 U.S.C. 78s(b)(1). filing obligations under Section 13(a) of Exchange Commission that there is a 2 17 CFR 240.19b–4. the Securities Exchange Act of 1934, lack of current and accurate information 3 3 Amendment No. 1 clarified the scope of NASD having not filed a periodic report since concerning the securities of Rule 4720 prior to adoption of the proposed rule change, corrected typographical errors, and made the period ending September 30, 2001. Visionamerica, Inc., because it is other clarifying changes in response to comments It appears to the Securities and delinquent in its periodic filing from the Commission staff. Exchange Commission that there is a obligations under Section 13(a) of the 4 15 U.S.C. 78s(b)(3)(A). lack of current and accurate information Securities Exchange Act of 1934, having 5 17 CFR 240.19b–4(f)(5).

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comments on the proposed rule change, services of the Nasdaq Market Center to locked-in trades that are to be submitted as amended, from interested persons. report trades in exchange-listed to clearing; 10 and (4) non-tape, non- securities that were matched outside of clearing reports.11 Members will be able I. Self-Regulatory Organization’s any system operated by a self-regulatory to report trades through the execution Statement of the Terms of the Substance organization. Currently, Nasdaq services of the Nasdaq Market Center of the Proposed Rule Change members’ ability to use the order during the hours that the trade reporting Nasdaq proposes changes to NASD execution service to report matched service is operational, which presently Rule 4720. The text of the proposed rule trades is limited to trades in Nasdaq is 8 a.m. until 6:30 p.m. Eastern time. change is below. Proposed new National Market and SmallCap Market By extending this functionality to language is in italics; proposed securities, convertible bonds listed on reporting of matched trades in deletions are in [brackets].6 Nasdaq, and other reportable securities exchange-listed securities, members will * * * * * identified in the NASD Rule 6100 be able to take advantage of several Series.7 benefits that previously were limited to 4720. Reporting Through the Execution reporting matched trades in Nasdaq and Services of the Nasdaq Market Center Under Nasdaq’s proposal, matched trades in exchange-listed securities that other eligible securities. For example, it Subject to the conditions set forth are reported though the execution will be possible for members to below, members may utilize the Nasdaq services of the Nasdaq Market Center consolidate the reporting and execution Market Center to report trades in Nasdaq will be transmitted to the trade systems for a broader range of trades. In Market Center eligible securities reporting service and processed in the addition, members will be able to take required or eligible to be reported to same manner as information about advantage of the existing anonymity Nasdaq pursuant to the Rule 4630, 4640, matched trades in Nasdaq and other feature available in the order execution 4650, [and] 6100 and 6400 Series. eligible securities submitted to that service by utilizing it for trades (1) Members shall include the time of system. For example, trade information transmitted to the trade reporting execution on reports submitted to the will be disseminated on the service, and combine it with the benefits Nasdaq Market Center; and consolidated tape, and included in the of ‘‘give up’’ relationships, also (2) For transactions between available to members today in both the members, the members who are parties reporting service’s risk management calculations and Nasdaq’s audit trail. In order execution and trade reporting to the trade shall agree to all trade 12 addition, the trades will be submitted to services of the Nasdaq Market Center. details prior to submitting the report to As a result, members will be able to give the Nasdaq Market Center, and have in the National Securities Clearing Corporation (‘‘NSCC’’) for clearing, if up the true contra parties to a trade in effect and on file with Nasdaq, an exchange-listed securities, but still Automated Confirmation Transaction necessary. Trades in exchange-listed securities reported through the order preserve full anonymity between these Service Service Bureau/Executing parties. Broker Supplement to the Nasdaq execution service will not be included Workstation II Agreement (‘‘Attachment in the execution algorithm, and thus 2. Statutory Basis 2 Agreement’’), and a Nasdaq National will not interact with any Quotes/ Nasdaq believes that the proposed Market Execution System Give-Up Orders in the system. rule change, as amended, is consistent Addendum to the Nasdaq Workstation II Under this rule change, members will with the provisions of Section 15A of Subscriber Agreement (‘‘SuperMontage not be permitted to report through the the Act,13 in general and with Section Give-Up Agreement’’). execution services of the Nasdaq Market 15A(b)(6) of the Act,14 in particular, in Center trades in exchange-listed * * * * * that it is designed to foster coordination securities for which comparison is and cooperation with persons engaged II. Self-Regulatory Organization’s necessary. As is the case for trades in in regulating, clearing, settling, Statement of the Purpose of, and Nasdaq and other eligible securities, the processing information with respect to, Statutory Basis for, the Proposed Rule order execution service will accept only: and facilitating transactions in Change (1) Tape only reports; 8 (2) locked-in securities. The proposal is consistent In its filing with the Commission, clearing only reports;9 (3) tape reports of with this obligation because it will Nasdaq included statements concerning provide members both the opportunity 7 the purpose of and basis for the A detailed description of how matched trades in Nasdaq and other eligible securities are reported proposed rule change and discussed any through the execution services of the Nasdaq the transaction is the offsetting leg of a riskless comments it received on the proposed Market Center is contained in Securities Exchange principal trade). 10 rule change. The text of these statements Act Release No. 49733 (May 19, 2004), 69 FR 29990 A ‘‘tape report of a locked-in trade that is submitted for clearing’’ is a locked-in report of a may be examined at the places specified (May 26, 2004) (SR–NASD–2004–034). The reporting of matched trades in exchange-listed trade that must be disseminated to the public and in Item IV below. Nasdaq has prepared securities proposed in this rule change is intended settled through NSCC. summaries, set forth in Sections A, B, to operate in the same manner. 11 A ‘‘non-tape, non-clearing report’’ is a report of and C below, of the most significant 8 A ‘‘tape only report’’ is a trade that is reported trade that is not required to be disseminated to the aspects of such statements. to Nasdaq for dissemination to the public, but the public, and does not need to be transmitted to trade does not need to be transmitted to NSCC NSCC for settlement, but the broker-dealer is A. Self-Regulatory Organization’s because one of the parties to the trade is a customer obligated or chooses to submit this ‘‘regulatory report’’ to Nasdaq. See e.g., NASD Rule Statement of the Purpose of, and (i.e., not a broker-dealer), or the buyer and seller both are broker-dealers and they have a common 4632(d)(3)(B) and Notice to Members 00–79. Statutory Basis for, the Proposed Rule clearing arrangement that will enable them to settle 12 When a ‘‘give up’’ occurs, the member that Change the trade without using NSCC’s facilities. submits the order to the order execution service (or 9 A transaction is ‘‘locked-in’’ when the buying the trade report to the trade reporting service) 1. Purpose and selling broker-dealers have agreed to all the discloses to the contra party that the order (or Nasdaq is proposing to provide trade details prior to submitting the trade to Nasdaq report) is being entered on behalf of another and no further comparison is necessary. A ‘‘locked- member and the trade is to be settled with this other members the ability to use the execution in clearing only report’’ is a report that is locked- member. The member submitting the order (or trade in and Nasdaq must forward the trade to NSCC for report) has ‘‘given up’’ the identity of the other 6 Changes are marked to the rule text that appears settlement. The trade does not have to be member who is the true party to the trade. in the electronic NASD Manual found at disseminated to the public because an exception to 13 13 15 U.S.C. 78o–3. www.nasd.com. the public reporting requirement is applicable (e.g., 14 15 U.S.C. 78o–3(b)(6).

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to consolidate the execution and Electronic Comments SECURITIES AND EXCHANGE reporting of a wider range of trades, and • COMMISSION will extend the combined benefits of Use the Commission’s Internet comment form (http://www.sec.gov/ [Release No. 34–52377; File No. SR–NASD– give-up relationships and anonymous 2005–051] trading to reporting of matched trades in rules/sro.shtml); or exchange-listed securities. • Send an e-mail to rule- Self-Regulatory Organizations; B. Self-Regulatory Organization’s [email protected]. Please include File National Association of Securities Statement on Burden on Competition Number SR–NASD–2005–102 on the Dealers, Inc.; Order Approving subject line. Proposed Rule Change To Create an Nasdaq does not believe that the Enterprise License Fee for the Paper Comments proposed rule change, as amended, will TotalView Entitlement result in any burden on competition that • Send paper comments in triplicate September 2, 2005. is not necessary or appropriate in to Jonathan G. Katz, Secretary, furtherance of the purposes of the Act, Securities and Exchange Commission, I. Introduction as amended. Station Place, 100 F Street, NE., On April 13, 2005, the National C. Self-Regulatory Organization’s Washington, DC 20549–9303. Association of Securities Dealers, Inc. Statement on Comments on the All submissions should refer to File (‘‘NASD’’), through its subsidiary, The Proposed Rule Change Received From Number SR–NASD–2005–102. This file Nasdaq Stock Market, Inc. (‘‘Nasdaq’’), Members, Participants or Others number should be included on the filed with the Securities and Exchange Commission (‘‘Commission’’) a Written comments were neither subject line if e-mail is used. To help the Commission process and review your proposed rule change pursuant to solicited nor received. Section 19(b)(1) of the Securities comments more efficiently, please use Exchange Act of 1934 (‘‘Act’’) 1 and Rule III. Date of Effectiveness of the only one method. The Commission will 19b–4 thereunder,2 to create an Proposed Rule Change and Timing for post all comments on the Commission’s Commission Action enterprise license fee for the TotalView Internet Web site (http://www.sec.gov/ entitlement. On June 3, 2005, Nasdaq The foregoing rule change, as rules/sro.shtml). Copies of the amended the proposed rule change. The amended, has become effective upon submission, all subsequent proposed rule change, as modified by filing pursuant to Section 19(b)(3)(A)(iii) amendments, all written statements Amendment No. 1, was published for of the Act 15 and Rule 19b–4(f)(5) 16 with respect to the proposed rule comment in the Federal Register on thereunder in that it effects a change in change that are filed with the June 28, 2005.3 The Commission an existing order execution system of Commission, and all written received one comment letter on the Nasdaq that does not significantly affect communications relating to the proposal.4 On August 16, 2005, Nasdaq the protection of investors or the public proposed rule change between the filed a response to the comment letter.5 interest, does not impose any significant Commission and any person, other than This order approves the proposed rule burden on competition, and it does not those that may be withheld from the change, as amended. public in accordance with the have the effect of limiting the access to II. Description of the Proposal or availability of the system. At any time provisions of 5 U.S.C. 552, will be within 60 days of the filing of the available for inspection and copying in Nasdaq proposes to establish a proposed rule change, the Commission the Commission’s Public Reference program whereby a broker-dealer may summarily abrogate such rule Room. Copies of such filing also will be distributor could obtain an enterprise change if it appears to the Commission available for inspection and copying at license for the distribution of the that such action is necessary or the principal office of Nasdaq. All TotalView market data entitlement for a appropriate in the public interest, for comments received will be posted fixed cost of either $25,000 per month for non-professional subscribers or of the protection of investors, or otherwise without change; the Commission does $100,000 per month for broker-dealer in furtherance of the purposes of the not edit personal identifying 17 distributors that serve both non- Act. information from submissions. You professional and professional IV. Solicitation of Comments should submit only information that subscribers. This enterprise license you wish to make available publicly. All pricing structure would mirror the Interested persons are invited to submissions should refer to File pricing structure already established for submit written data, views, and Number SR–NASD–2005–102 and individual professional and non- arguments concerning the foregoing, should be submitted on or before professional subscribers and is an including whether the proposed rule September 30, 2005. alternative way to pay for the data. change, as amended, is consistent with the Act. Comments may be submitted by For the Commission, by the Division of 1 15 U.S.C. 78s(b)(1). any of the following methods: Market Regulation, pursuant to delegated authority.18 2 17 CFR 240.19b–4. 3 See Securities Exchange Act Release No. 51869 15 15 U.S.C. 78s(b)(3)(A)(iii). Jonathan G. Katz, (June 17, 2005), 70 FR 37144. 16 17 CFR 240.19b–4(f)(5). Secretary. 4 See letter to Jonathan G. Katz, Secretary, 17 The effective date of the original proposed rule [FR Doc. E5–4926 Filed 9–8–05; 8:45 am] Securities and Exchange Commission, from is August 26, 2005. The effective date of Christopher Gilkerson, Chair, SIA Technology & Amendment No. 1 is August 31, 2005. For purposes BILLING CODE 8010–01–P Regulation Committee, and Andrew Wels, Chair, of calculating the 60-day period within which the SIA Market Data Subcommittee, dated July 19, 2005 Commission may summarily abrogate the proposed (‘‘SIA Letter’’). rule change under Section 19(b)(3)(C) of the Act, the 5 See letter to Jonathan G. Katz, Secretary, Commission considers the period to commence on Securities and Exchange Commission, from Edward August 31, 2005, the date on which Nasdaq S. Knight, Executive Vice President and General submitted Amendment No. 1. See 15 U.S.C. Counsel, Nasdaq, dated August 16, 2005 (‘‘Nasdaq 78s(b)(3)(C). 18 17 CFR 200.30–3(a)(12). Response Letter’’).

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This program would only be available a national securities association,9 the Inc. (‘‘NYSE’’ or ‘‘Exchange’’) filed with to broker-dealers registered under the requirements of Section 15A of the the Securities and Exchange Act, and would cover all TotalView Act,10 in general, and Section 15A(b)(5) Commission (‘‘Commission’’) the usage fees with respect to both internal of the Act,11 in particular, which proposed rule change as described in usage and re-distribution to customers requires that the NASD’s rules provide Items I, II, and III below, which Items with whom the firm has a brokerage for an equitable allocation of reasonable have been prepared by the Exchange. relationship.6 Non-broker-dealer charges among members for the use of The proposed rule change has been filed vendors and application service any facility or system which the NASD by the Exchange as effecting a change in providers would not be eligible for the operates or controls. an existing order-entry or trading system enterprise license, as such firms, The Commission believes that the pursuant to Section 19(b)(3)(A)(iii) of according to Nasdaq, typically pass program whereby a broker-dealer the Act,3 and Rule 19b–4(f)(5) 4 through the cost of market data user fees distributor could obtain an enterprise thereunder, which renders the proposal to their customers. This would enable license for the distribution of the effective upon filing with the firms to incorporate TotalView data into TotalView market data entitlement for a Commission. The Commission is the software applications they make fixed cost of either $25,000 per month publishing this notice to solicit available to their institutional and retail for non-professional subscribers or of comments on the proposed rule change customers, without providing them the $100,000 per month for broker-dealer from interested persons. opportunity to re-distribute TotalView distributors that serve both non- I. Self-Regulatory Organization’s data in competition with pure vendors. professional and professional Statement of the Terms of Substance of The enterprise license would cover subscribers satisfies the statutory the Proposed Rule Change fees for TotalView data received directly standards outlined above and will from Nasdaq as well as data received provide increased flexibility to market The Exchange proposes to systematize from third-party vendors (e.g., data vendors, which may result in certain functions that are currently Bloomberg, Reuters). Upon signing up increased access to market data. performed manually regarding the for the program, the relevant firm would execution of elected stop orders and be entitled to inform any third-party V. Conclusion CAP–DI (convert and parity- market data vendor it utilizes (through It is therefore ordered, pursuant to destabilizing, immediate or cancel) a Nasdaq-provided form) that, going Section 19(b)(2) of the Act,12 that the orders and converted CAP–DI orders. forward, any TotalView data usage by proposed rule change (SR–NASD–2005– The Exchange represents that the rules the broker-dealer may be reported to 051), as amended, be, and it hereby is, regarding the election and execution of Nasdaq on a non-billable basis. approved. CAP–DI and stop orders and conversion and execution of CAP–DI orders remain III. Summary of Comments For the Commission, by the Division of Market Regulation, pursuant to delegated the same. The Commission received one authority.13 comment letter on the proposed rule II. Self-Regulatory Organization’s Jonathan G. Katz, Statement of the Purpose of, and change. The commenter expressed its Secretary. support for enterprise license fees and Statutory Basis for, the Proposed Rule [FR Doc. E5–4927 Filed 9–8–05; 8:45 am] also for the fact that the product, Change TotalView, ‘‘does not come with data BILLING CODE 8010–01–P In its filing with the Commission, the integration strings attached.’’ However, Exchange included statements the commenter stated its concerns that SECURITIES AND EXCHANGE concerning the purpose of and basis for the proposed rule change and discussed NQDS data would be linked with the COMMISSION TotalView data and that the cost of Brut any comments it received on the data integrated in the TotalView [Release No. 34–52362; File No. SR–NYSE– proposed rule change. The text of these entitlement is too high.7 In response, 2005–57] statements may be examined at the Nasdaq stated that the link between places specified in Item IV below. The Self-Regulatory Organizations; New NQDS data and TotalView data was Exchange has prepared summaries, set York Stock Exchange, Inc.; Notice of added to ensure compliance with the fee forth in Sections A, B, and C below, of Filing and Immediate Effectiveness of schedule established by the Operating the most significant aspects of such a Proposed Rule Change Automating Committee of the UTP Plan, which plan statements. the Execution of Elected Stop Orders has been approved by the Commission. A. Self-Regulatory Organization’s Nasdaq further noted that the cost of and CAP–DI Orders and Converted CAP–DI Orders Statement of the Purpose of, and Brut data integrated in the TotalView Statutory Basis for, the Proposed Rule entitlement has already been approved August 30, 2005. Change by the Commission.8 Pursuant to Section 19(b)(1) of the 1. Purpose IV. Discussion Securities Exchange Act of 1934 (‘‘Act’’),1 and Rule 19b–4 2 thereunder, The Exchange is filing this proposed The Commission has carefully notice is hereby given that on August amendment to systematize certain reviewed the proposed rule change, the 10, 2005, the New York Stock Exchange, functions that are currently performed SIA Letter and the Nasdaq Response manually regarding the execution of Letter and finds that the proposed rule 9 In approving the proposed rule change, the elected stop orders and CAP–DI orders change is consistent with the Commission has considered its impact on and converted CAP–DI orders. requirements of the Act and the rules efficiency, competition, and capital formation. 15 The rules regarding the election and and regulations thereunder applicable to U.S.C. 78c(f). 10 15 U.S.C. 78o–3. execution of CAP–DI and stop orders 11 and the conversion and execution of 6 Distributors who utilize the enterprise license 15 U.S.C. 78o–3(b)(5). would still be liable for the applicable distributor 12 15 U.S.C. 78s(b)(2). CAP–DI orders remain the same. fees. 13 17 CFR 200.30–3(a)(12). 7 See SIA Letter. 1 15 U.S.C. 78s(b)(1). 3 15 U.S.C. 78s(b)(3)(A)(iii). 8 See Nasdaq Response Letter. 2 17 CFR 240.19b–4. 4 17 CFR 240.19b–4(f)(5).

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The Display Book (‘‘Display Book’’ ensure that the elected or converted Moreover, Exchange Rule 123A.30 or ‘‘Book’’) is the Exchange system that portion goes along with the market, by provides that the specialist can trade on will handle the functions described not initiating a significant price change parity with elected or converted CAP– below. The Display Book is an order or lagging behind the market. CAP–DI DI orders as long as the specialist does management and execution facility that orders are subject to a number of not trade for its own account in an receives and displays orders to the restrictions intended to minimize the amount in excess of that which each specialist and provides a mechanism to specialist’s discretion in handling such CAP–DI order would receive. Based on execute and report transactions and orders.6 Elected and converted CAP–DI the example above, the specialist would publish the results to the Consolidated orders that are not executed revert to have been able to trade 500 shares for Tape. In addition, the Display Book is CAP–DI status. his or her own account. connected to a variety of other Exchange Exchange Rule 13 defines two types of Exchange Rule 123A.40 provides, in systems for the purposes of comparison, stop orders: stop limit orders and stop part, that a specialist may be a party to surveillance, and reporting information orders. A stop limit order to buy the election of a stop order only: (i) to customers and other market data and becomes a limit order executable at the when his or her bid or offer has the national market systems (i.e., the limit price, or at a better price if effect of bettering the market, when he Intermarket Trading System, obtainable, when a transaction in the guarantees that the stop order will be Consolidated Tape Association, security occurs at or above the stop executed at the same price as the Consolidated Quotation System, etc.). price after the order is represented in electing sale, and with Floor Official the Trading Crowd. A stop limit order approval if the transaction is more than Background to sell becomes a limit order executable 0.10 point away from the prior Exchange Rules 13 and 123A.30 at the limit price or at a better price, if transaction; or (ii) when the specialist describe percentage orders, including obtainable, when a transaction in the purchases or sells stock for his or her CAP–DI orders, and the manner in security occurs at or below the stop own account solely for the purpose of which they are elected or converted and price after the order is represented in facilitating completion of a member’s executed. the Trading Crowd. Once elected, stop order at a single-price, where the depth A percentage order 5 is a limited price limit orders remain as limit orders on of the current bid or offer is not order placed on the Display Book to buy the Book if not executed immediately. sufficient to do so. When the specialist or sell fifty percent of the volume of A stop order to buy becomes a market is acting in this manner, he or she shall specified stock within a specified limit order when a transaction in the security not be required to guarantee that the price after the order’s entry. A occurs at or above the stop price after stop order will be executed at the same percentage order becomes a ‘‘live’’ order the order is represented in the market. price as the electing sale. capable of execution in one of two ways: A stop order to sell becomes a market The changes proposed below, which (i) All or part of the percentage order is order when a transaction in the security will systematize the execution and ‘‘elected’’ as a limit order when an occurs at or below the stop price after reporting of elected CAP–DI and stop Exchange trade occurs in the specified the order is represented in the market. orders and converted CAP–DI orders, security at the percentage order’s limit Once elected, stop market orders are will result in enhanced audit trail price or better; or (ii) all or part of a CAP executed. information, and reduce specialists’ data order is ‘‘converted’’ into a limit order Executions of elected or converted entry workload and the associated by the specialist, to make a bid or offer CAP–DI orders do not result in further chances for error. Existing Exchange or to participate directly in a trade. elections of CAP–DI orders on the same rules governing the election and A ‘‘D’’ notation on a CAP order side of the market. Executions of elected execution of CAP–DI and stop orders instructs the specialist that the order stop orders can elect CAP–DI orders at and the conversion and execution of may be converted to participate in the same or better price. Executions of converted CAP–DI orders remain destabilizing transactions or to bid/offer elected stop orders can also elect stop unchanged, and the rules regarding in a destabilizing manner. The specialist orders at other prices. execution of these orders will be may also convert the order to participate Automatic executions and auction incorporated into the Display Book to in stabilizing transactions or to bid/offer market transactions systemically elect ensure appropriate executions. in a stabilizing manner. CAP–DI and stop orders. The size of the An ‘‘I’’ notation on a CAP order electing trade elects the same amount Systemic Execution of Elected CAP–DI stands for ‘‘immediate execution or from each CAP–DI and stop order and Stop Orders cancel’’ and instructs the specialist to electable by that trade. For example, if Currently, when a trade occurs, the cancel an elected portion of the 500 shares trade and two marketable system notifies the specialist what, if percentage order that is not executed CAP–DI orders and one marketable stop any, CAP–DI and stop orders have been immediately at the price of the electing limit order are electable, 500 shares of elected by such trade. The specialist transaction or better. Any elected each order are elected. However, today, must then determine if there is any portion that is not immediately once systemically elected, CAP–DI and liquidity against which the elected executed reverts to its status as a stop orders must be manually executed orders (or portions thereof) can trade. If percentage order, subject to subsequent and reported by the specialist. so, the specialist will manually execute election or conversion. Similarly, specialists must manually and report a trade involving the elected The CAP–DI order guides the execute and report converted CAP–DI CAP–DI and/or stop volume. The specialist to represent the order to orders. The specialist determines the Exchange proposes to systematize this number of shares converted on a CAP– process, by having the Book 5 For background on percentage orders and DI order to quote or trade based on automatically execute elected CAP–DI amendments to Rule 123A.30, See Securities Exchange Act Release Nos. 40722 (Nov. 30, 1998), instructions from the entering broker. and stop volume to the extent possible. 63 FR 67966 (SR–NYSE–97–09) (Dec. 9, 1998); The Book will also automatically report 39009 (Sept. 3, 1997), 62 FR 47715 (September 10, 6 Securities Exchange Act Release No. 24505 (May such execution, including the relevant 1997) (SR–NYSE–96–16); 24505 (May 22, 1987), 52 22, 1987), 52 FR 20484 (June 1, 1987) (SR–NYSE– information regarding participants to FR 20484 (June 1, 1987) (SR–NYSE–85–1); and 85–1) (approving amendment to NYSE Rule 47614 (April 2, 2003), 68 FR 17140 (April 8, 2003) 123A.30 permitting conversion of percentage orders the execution. Elected CAP–DI volume (SR–NYSE–2002–55). on destabilizing ticks under certain restrictions). unable to trade will automatically revert

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to CAP–DI status and elected stop limit Systemic Handling of CAP–DI Order currently provides that if a specialist is volume unable to trade will become a Converted to a Bid or Offer on parity with one or more CAP–DI limit order on the Book. Elected stop Exchange Rule 123A.30 permits orders, at no time may the specialist market volume will be executed in the specialists to, among other things, participate for its own account in an same manner as any market order. convert a CAP–DI order on a stabilizing amount in excess of what each CAP–DI Additionally, where the specialist was a or destabilizing tick to make a bid or order would receive, except that the party to the election of stop orders, the offer in accordance with the parameters specialist may participate for its own elected stop orders will be systemically set forth in the rule. After conversion to account to an extent greater than any executed at the election price against a bid or offer, the CAP–DI order is able particular CAP–DI order where the size the specialist. to participate in automatic executions in specified on such order has been Examples—CAP order is systemically accordance with and to the extent satisfied. A specialist on parity with a elected based on the size of the last sale provided by Exchange Rules 1000— CAP–DI order remains subject to the and then systemically executed up to 1005. limitations in Exchange Rule 104.10 as the available contra size, at the last sale Today, Exchange Rule 1001(a)(iii) to transactions for his or her own price: provides, with respect to each automatic account effected on destabilizing ticks. execution that includes specialist or For example, assume the market in 1. The quote is 20.05 bid, offered at XYZ stock is 20.10 bid, offered at 20.13, Crowd orders, that the specialist is 20.07, 9,000 × 9,000. A CAP–DI order 50,000 × 40,000, with the offer responsible for assigning the arrives to buy 10,000 shares at 20.15. A consisting of three CAP–DI sell orders of appropriate number of shares to each limit order arrives to buy 2,500 shares 10,000 shares each that the specialist contra-side participant in accordance at 20.07 and is executed at the offer had converted to trade at 20.13 and with Exchange Rule 72. This is because price, 20.07. As a result of the 2,500- added 10,000 shares of interest for his the Display Book does not have the share execution of the limit order, 2,500 or her own account. If a buyer for 36,000 contra-side information for these shares of the CAP–DI order are elected shares enters the Crowd to trade with participants until it is manually entered and systemically executed at the last the offer, the specialist must split by the specialist. This also applies to sale price, 20.07. 7,500 shares remain on executions equally among them (9,000 the CAP–DI order and the market is converted CAP–DI orders. The for each of the three CAP–DI orders and autoquoted 20.05 bid, offered at 20.07, conversion is currently done manually the specialist receives 9,000 shares since 9,000 × 4,000. by the specialist and the system does he or she is on parity). not incorporate any of the order Now, assume the market in XYZ stock 2. The quote is 20.05 bid, offered at information until it is entered by the × 20.07, 1,000 × 1,000. A CAP–DI order is 20.10 bid, offered at 20.13, 50,000 specialist upon an execution. 9 arrives to buy 10,000 shares at 20.15. A 42,000, with the offer consisting of The Exchange proposes to three CAP–DI sell orders of 10,000 limit order arrives to sell 1,500 shares at systemically capture converted CAP–DI 20.05 and is executed at the bid price, shares each that the specialist had order information to enable the systemic converted to trade at 20.13 and added 20.05. As a result of the 1,000-share reporting of automatic executions execution, 1,000 shares of the CAP–DI 12,000 shares of interest for his or her involving converted CAP–DI volume. own account. If a buyer for 42,000 order are elected. However, only 500 The system will do this by creating a shares of the 1,000 shares elected are shares enters the Crowd to trade with limit order on the Book (‘‘a child order’’) the offer, the specialist must split able to trade, as only 500 shares of which will be systemically linked for contra-side interest (the stock offered) executions equally among them (10,000 identification purposes to the original for each of the three CAP–DI orders in remains. The CAP–DI order systemically CAP–DI order (‘‘the parent order’’). The buys the 500 shares and the remaining order to fully satisfy them), and the child order will be systemically specialist receives 12,000 shares since 500 shares elected revert to unelected decremented as executions occur with he or she is on parity and there are status. 9,500 shares remain on the CAP– 7 it. As noted above, none of the rules 2,000 additional shares left over after DI order and the market is autoquoted governing the specialist’s ability to satisfying the three CAP orders (10,000 20.04 bid (the next best bid on the convert CAP–DI orders or the way in shares each) and the specialist account Book), offered at 20.07, 2,000 (the size which they trade are proposed to be × for 10,000 shares. associated with the bid) 1,000. amended. The Exchange proposes to automate 3. The quote is 20.05 bid, offered at the specialist’s participation in these × Automation of Parity Between Specialist 20.07, 1,000 1,000. A stop order and Elected CAP–DI Orders situations, so that the system assigns the arrives to buy 1,000 shares at 20.05. A proper number of shares to the limit order arrives to sell 1,500 shares at As noted above, Exchange Rule specialist when trading along with 8 20.05 and is executed at the bid price, 123A.30 provides that a Floor broker elected CAP–DI orders. 20.05. As a result of the 1,000-share may permit a specialist to trade on 2. Statutory Basis execution, 1,000 shares of the stop order parity with CAP–DI orders. The rule are elected. However, only 500 shares of The Exchange believes that the the 1,000 shares elected are able to 7 Telephone call between Kelly Riley, Assistant proposed rule change is consistent with Director, Division of Market Regulation, SEC and Section 6(b) of the Act,10 in general, and trade, as only 500 shares of contra-side Jeffrey Rosenstrock, Principal Rule Counsel, NYSE interest (the stock offered) remains. The on August 29, 2005. furthers the objectives of Section 6(b)(5) stop order systemically buys the 500 8 Rule 123A.30 is proposed to be amended in the of the Act,11 in particular, in that it is shares and the remaining 500 shares hybrid market filing to provide that when a designed to promote just and equitable specialist algorithmically price improves an order, principles of trade, to foster cooperation elected revert to a market order and will any CAP–DI orders that have been entered and that trade at the next best price, 20.07. The are capable of trading at that price will be market is autoquoted 20.04 bid (the next automatically converted and will trade along with 9 Telephone call between Kelly Riley, Assistant best bid on the Book), offered at 20.07, the specialist in accordance with Exchange rules Director, Division of Market Regulation, SEC and governing executions of converted CAP–DI orders. Jeffrey Rosenstrock, Principal Rule Counsel, NYSE 2,000 (the size associated with the bid) on August 30, 2005. × See Securities Exchange Act Release No. 51906 500 (after 500 shares of the stop order (June 22, 2005), 70 FR 37463 (June 29, 2005) 10 15 U.S.C. 78f(b). are executed as a market order at 20.07). (Amendment No. 5 to SR–NYSE–2004–05). 11 15 U.S.C. 78f(b)(5).

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and coordination with persons engaged IV. Solicitation of Comments For the Commission, by the Division of in regulating, clearing, settling, Market Regulation, pursuant to delegated processing information with respect to, Interested persons are invited to authority.16 and facilitating transaction in securities, submit written data, views, and Jonathan G. Katz, to remove impediments to and perfect arguments concerning the foregoing, Secretary. the mechanism of a free and open including whether the proposed rule [FR Doc. E5–4920 Filed 9–8–05; 8:45 am] market and a national market system, change is consistent with the Act. BILLING CODE 8010–01–P and in general, to protect investors and Comments may be submitted by any of the public interest. The Exchange the following methods: asserts that the proposed rule change SECURITIES AND EXCHANGE Electronic Comments also is designed to support the COMMISSION principles of Section 11A(a)(1) of the • Use the Commission’s Internet Act 12 in that it seeks to assure [Release No. 34–52361; File No. SR–PCX– comment form (http://www.sec.gov/ 2005–58] economically efficient execution of rules/sro.shtml); or securities transactions, make it • Send an e-mail to rule- Self-Regulatory Organizations; Pacific practicable for brokers to execute [email protected]. Please include File Exchange, Inc.; Order Approving investors’ orders in the best market, and Proposed Rule Change and provide an opportunity for investors’ Number SR–NYSE–2005–57 on the subject line. Amendments Nos. 1 and 2 Thereto orders to be executed without the Relating to Market Order Auction participation of a dealer. Paper Comments August 30, 2005. B. Self-Regulatory Organization’s • Send paper comments in triplicate On April 22, 2005, the Pacific Statement on Burden on Competition to Jonathan G. Katz, Secretary, Exchange, Inc. (‘‘PCX’’), through its The Exchange does not believe that Securities and Exchange Commission, wholly owned subsidiary PCX Equities, the proposed rule change will impose 100 F Street, NE., Washington, DC Inc. (‘‘PCXE’’) filed with the Securities any burden on competition that is not 20549–9303. and Exchange Commission (‘‘Commission’’), pursuant to Section necessary or appropriate in furtherance All submissions should refer to File 19(b)(1) of the Securities Exchange Act of the purposes of the Act. Number SR–NYSE–2005–57. This file of 1934 (‘‘Act’’) 1 and Rule 19b–4 number should be included on the C. Self-Regulatory Organization’s thereunder,2 a proposed rule change to Statement on Comments on the subject line if e-mail is used. To help the amend its rules governing the Market Proposed Rule Change Received From Commission process and review your Order Auction of the Archipelago Members, Participants, or Others comments more efficiently, please use Exchange (‘‘ArcaEx’’), the equities only one method. The Commission will trading facility of PCXE. On June 27, The Exchange has neither solicited post all comments on the Commission’s 2005, the Exchange amended the nor received written comments on the Internet Web site (http://www.sec.gov/ proposed rule change and on July 8, proposed rule change. rules/sro.shtml). Copies of the 2005, the Exchange further amended the submission, all subsequent III. Date of Effectiveness of the proposed rule change. The proposed amendments, all written statements Proposed Rule Change and Timing for rule change, as amended, was published Commission Action with respect to the proposed rule for notice and comment in the Federal change that are filed with the Register on July 29, 2005.3 The Because the foregoing proposed rule Commission, and all written Commission received no comment change effects a change in an existing communications relating to the letters on the proposal. order entry or trading system that (i) proposed rule change between the The proposed rule change would does not significantly affect the Commission and any person, other than clarify the Indicative Match Price protection of investors or the public those that may be withheld from the definition as defined in PCXE Rule interest; (ii) does not impose any public in accordance with the 1.1(r) which determines the price at significant burden on competition; and provisions of 5 U.S.C. 552, will be which orders eligible for execution in (iii) does not have the effect of limiting available for inspection and copying in the ArcaEx auctions are executed. The access to or availability of the system, it the Commission’s Public Reference proposed rule change would also has become effective pursuant to Section. Copies of such filing also will modify the Market Order Auction rules Section 19(b)(3)(A)(iii) of the Act,13 and be available for inspection and copying as described in PCXE Rule 7.35 and 14 implement price collars based on a Rule 19b–4(f)(5) thereunder. at the principal office of the Exchange. similar standard currently in place for At any time within 60 days of the All comments received will be posted ArcaEx’s Closing Auction. filing of the proposed rule change, the without change; the Commission does The Commission finds that the Commission may summarily abrogate not edit personal identifying proposed rule change, as amended, is such rule change if it appears to the information from submissions. You consistent with the requirements of the Commission that such action is should submit only information that Act and the rules and regulations necessary or appropriate in the public you wish to make available publicly. All thereunder applicable to a national interest, for the protection of investors, submissions should refer to File securities exchange.4 In particular, the or otherwise in furtherance of the Number SR–NYSE–2005–57 and should 15 purposes of the Act. be submitted on or before September 30, 16 17 CFR 200.30–3(a)(12). 2005. 1 15 U.S.C. 78s(b)(1). 12 15 U.S.C. 78k–1(a)(1). 2 17 CFR 240.19b–4. 13 15 U.S.C. 78s(b)(3)(A)(iii). 3 See Securities Exchange Act Release No. 52103 14 17 CFR 240.19b–4(f)(5). (July 21, 2005), 70 FR 43924. 15 See Section 19(b)(3)(C) of the Act, 15 U.S.C. 4 In approving this proposed rule change, the 78s(b)(3)(C). Commission has considered the proposed rule’s

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Commission finds that the proposed prepared by PCX. The Exchange conversions,6 dividend spreads,7 box rule change is consistent with Section designated the proposed rule change as spreads,8 short stock interest spreads,9 6(b)(5) of the Act,5 which requires, establishing or changing a due, fee, or and merger spreads.10 Because the among other things, that the rules of an other charge imposed by the Exchange referenced Options Strategy exchange be designed to prevent under Section 19(b)(3)(A)(ii) of the Act 3 Transactions are generally executed by fraudulent and manipulative acts and and Rule 19b–4(f)(2) thereunder,4 which professionals whose profit margins are practices, to promote just and equitable renders the proposal effective upon generally narrow, the Pilot Program caps principles of trade, to foster cooperation filing with the Commission. The the transaction fees associated with and coordination with persons engaged Commission is publishing this notice to such executions at $1,000 per strategy in facilitating transactions in securities, solicit comments on the proposed rule executed on the same trading day in the to remove impediments to and perfect change from interested persons. same option class. In addition, there is the mechanism of a free and open also a monthly cap of $50,000 per market and a national market system I. Self-Regulatory Organization’s initiating firm for all strategy and, in general, to protect investors and Statement of the Terms of Substance of executions. The Exchange believes that the public interest. The Commission the Proposed Rule Change by keeping fees low, the Exchange will believes that clarifying and improving be able to attract liquidity by the Market Order Auction pricing PCX proposes to amend its Schedule accommodating these transactions. mechanism on ArcaEx should provide of Fees and Charges in order to extend Extending the Pilot Program until March investors with a clearerunderstanding of the pilot program (‘‘Pilot Program’’) that 1, 2006 will allow the Exchange to keep how orders will be priced at the open applies to Option Strategy Executions these fees low and thus continue to and may provide greater assurance that until March 1, 2006. The text of the attract liquidity. orders will be priced at prices that are proposed rule change is available on the OTP Holders and OTP Firms who substantially close to where the stock is Exchange’s Web site (http:// wish to benefit from the fee cap will be trading. www.pacificex.com), at the Office of the required to submit to the Exchange It is therefore ordered, pursuant to Secretary, PCX, and at the Commission. forms with supporting documentation Section 19(b)(2) of the Act,6 that the (e.g., clearing firm transaction data) to proposed rule change (SR–PCX–2005– II. Self-Regulatory Organization’s qualify for the cap. 58), as amended, be hereby approved. Statement of the Purpose of, and Statutory Basis for, the Proposed Rule 2. Statutory Basis For the Commission, by the Division of Market Regulation, pursuant to delegated Change The proposal is consistent with authority.7 Section 6(b) of the Act,11 in general, and In its filing with the Commission, 12 Jonathan G. Katz, Section 6(b)(4) of the Act, in PCX included statements concerning the Secretary. particular, in that it provides for the purpose of and basis for the proposed equitable allocation of dues, fees, and [FR Doc. E5–4919 Filed 9–8–05; 8:45 am] rule change and discussed any other charges among its members. BILLING CODE 8010–01–P comments it received on the proposed rule change. The text of these statements B. Self-Regulatory Organization’s Statement on Burden on Competition SECURITIES AND EXCHANGE may be examined at the places specified The proposed rule change will not COMMISSION in Item IV below. PCX has prepared summaries, set forth in Sections A, B, impose any burden on competition that [Release No. 34–52366; File No. SR–PCX– and C below, of the most significant is not necessary or appropriate in 2005–101] aspects of such statements. furtherance of the purposes of the Act.

Self-Regulatory Organizations; Pacific A. Self-Regulatory Organization’s 6 Reversals and conversions are transactions that Exchange, Inc.; Notice of Filing and Statement of the Purpose of, and employ calls, puts and the underlying stock to lock Immediate Effectiveness of Proposed Statutory Basis for, the Proposed Rule in a nearly risk free profit. Reversals are established Rule Change Relating to the Extension by combining a short stock position with a short put Change and a long call position that shares the same strike of the Pilot Program Applicable to and expiration. Conversions employ long positions Option Strategy Executions until 1. Purpose in the underlying stock that accompany long puts March 1, 2006 and short calls sharing the same strike and The purpose of this proposed rule expiration. August 31, 2005. change is to extend the Pilot Program 7 Dividend spreads are trades involving deep in Pursuant to Section 19(b)(1) of the that applies to Option Strategy the money options that exploit pricing differences arising around the time a stock goes ex-dividend. Securities Exchange Act of 1934 5 Executions until March 1, 2006. The 8 Box spreads is a strategy that synthesizes long 1 2 (‘‘Act’’) and Rule 19b–4 thereunder, transactions included as part of the Pilot and short stock positions to create a profit. notice is hereby given that on August Program include reversals and Specifically, a long call and short put at one strike 25, 2005, the Pacific Exchange, Inc. is combined with a short call and long put at a (‘‘PCX’’ or ‘‘Exchange’’) filed with the different strike to create synthetic long and synthetic short stock positions, respectively. Securities and Exchange Commission 9 A short stock interest spread is a spread that (‘‘Commission’’) the proposed rule 3 15 U.S.C. 78s(b)(3)(A)(ii) uses two deep in the money put options of the same change as described in Items I, II, and 4 17 CFR 240.19b–4(f)(2). class followed by the exercise of the resulting long position in order to establish a short stock interest III below, which Items have been 5 See Securities Exchange Act Release Nos. 51645 arbitrage position. (May 2, 2005), 70 FR 24458 (May 9, 2005) (SR– 10 A merger spread is a transaction executed impact on efficiency, competition, and capital PCX–2005–47) (establishing pilot program for pursuant to a strategy involving the simultaneous formation. 15 U.S.C. 78c(f). reversals and conversions, dividend spreads, and purchase and sale of options of the same class and 5 15 U.S.C. 78f(b)(5). box spreads until September 1, 2005) and 51787 expiration date, but with different strike prices 6 15 U.S.C. 78s(b)(2). (June 6, 2005), 70 FR 34174 (June 13, 2005) (SR– followed by the exercise of the resulting long option 7 17 CFR 200.30–3(a)(12). PCX–2005–65) (establishing pilot program for short position. 1 15 U.S.C. 78s(b)(1). stock interest spreads and merger spreads until 11 15 U.S.C. 78f(b). 2 17 CFR 240.19b–4. September 1, 2005). 12 15 U.S.C. 78f(b)(4).

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C. Self-Regulatory Organization’s Commission, and all written on the proposal. This order approves the Statement on Comments on the communications relating to the proposed rule change, as amended. Proposed Rule Change Received From proposed rule change between the PCX proposes to cap the fees on Members, Participants, or Others Commission and any person, other than multiple options issues transfers. Written comments on the proposed those that may be withheld from the Currently, PCX charges a Lead Market rule change were neither solicited nor public in accordance with the Maker (‘‘LMM’’) that has been allocated received. provisions of 5 U.S.C. 552, will be an options issue $1,000 per issue if the available for inspection and copying in LMM transfers the options issue to III. Date of Effectiveness of the the Commission’s Public Reference another LMM.5 PCX originally adopted Proposed Rule Change and Timing for Room. Copies of such filing also will be the fee to help offset its administrative Commission Action available for inspection and copying at and technological costs related to The foregoing rule change has become the principal office of the Exchange. All transferring an options issue. While PCX effective pursuant to Section 19(b)(3)(A) comments received will be posted believes it is still accurate to charge of the Act13 and paragraph (f)(2) of Rule without change; the Commission does $1,000 for the transfer of one issue, 19b–4 thereunder 14 because it is not edit personal identifying when multiple issues are transferred as establishing or changing a due, fee, or information from submissions. You part of a single transaction, the overall other charge applicable only to the should submit only information that costs of PCX associated with the transfer Exchange’s members. At any time you wish to make available publicly. All may be reduced. When multiple issues within 60 days of the filing of the submissions should refer to File are transferred as part of a single proposed rule change, the Commission Number SR–PCX–2005–101 and should transaction, PCX believes that charging may summarily abrogate such rule be submitted on or before September 30, the full $1,000 on every transferred change if it appears to the Commission 2005. issue with no limit to the total charges is not the original intent of the transfer that such action is necessary or For the Commission, by the Division of appropriate in the public interest, for Market Regulation, pursuant to delegated fee. the protection of investors, or otherwise authority.15 PCX proposes to continue charging $1,000 per issue transferred, but cap the in furtherance of the purposes of the Jonathan G. Katz, Act. fee at $15,000 for the first one hundred Secretary. issues transferred, and $5,000 for every IV. Solicitation of Comments [FR Doc. E5–4921 Filed 9–8–05; 8:45 am] one hundred (or any part of) additional Interested persons are invited to BILLING CODE 8010–01–P issues transferred. To qualify for the rate submit written data, views and cap, all transfers must be deemed to be part of a single transaction and meet the arguments concerning the foregoing, SECURITIES AND EXCHANGE PCX Transfer of Issues Guidelines. The including whether the proposed rule COMMISSION change is consistent with the Act. new fee cap would allow PCX to more Comments may be submitted by any of [Release No. 34–52371; File No. SR–PCX– accurately assess an LMM the the following methods: 2005–68] technological and administrative costs associated with the transfer of allocated Electronic Comments Self-Regulatory Organizations; Pacific issues. PCX proposes to make this fee • Use the Commission’s Internet Exchange, Inc.; Order Approving effective retroactive to January 1, 2002, comment form (http://www.sec.gov/ Proposed Rule Change and the date the transfer fee was first rules/sro.shtml); or Amendment No. 1 Thereto To Modify effective, so that it would have the • (Send an e-mail to rule- Rate Schedule Retroactively To ability to make any adjustments it [email protected]. Please include File January 1, 2002 To Cap the Fees on deems necessary to allow previous Number SR–PCX–2005–101 on the Multiple Options Issues Transfers charges to properly reflect the true subject line. August 31, 2005. intent of the transfer fee. Further, PCX Paper Comments On May 13, 2005, the Pacific represented that it would review all past transfers to determine if any • Exchange, Inc. (‘‘PCX’’ or ‘‘Exchange’’) Send paper comments in triplicate adjustments are warranted pursuant to to Jonathan G. Katz, Secretary, filed with the Securities and Exchange Commission (‘‘Commission’’), pursuant the proposed rate schedule. Securities and Exchange Commission, After careful review of the proposed 100 F Street, NE., Washington, DC to Section 19(b)(1) of the Securities 1 rule change, as amended, the 20549–9303. Exchange Act of 1934 (‘‘Act’’) and Rule 2 Commission finds that the proposed All submissions should refer to File 19b–4 thereunder, a proposed rule change to modify its rate schedule rule change is consistent with the Number SR–PCX–2005–101. This file requirements of the Act and the rules number should be included on the retroactively to January 1, 2002 to cap the fees on multiple options issues and regulations thereunder applicable to subject line if e-mail is used. To help the a national securities exchange.6 Commission process and review your transfers. The Exchange amended the proposal on July 1, 2005.3 The proposed Specifically, the Commission believes comments more efficiently, please use that the proposed rule change is only one method. The Commission will rule change, as amended, was published for notice and comment in the Federal consistent with Section 6(b)(4) of the post all comments on the Commission’s 7 4 Act, in that it provides for the equitable Internet Web site (http://www.sec.gov/ Register on July 27, 2005. The Commission did not receive comments rules/sro.shtml). Copies of the 5 According to PCX, options issue transfers are submission, all subsequent conducted in accordance with PCX Transfer of amendments, all written statements 15 CFR 200.30–3(a)(12). Issues Guidelines. See PCX Regulatory Information 1 with respect to the proposed rule 15 U.S.C. 78s(b)(1). Bulletin RBO–03–09 (August 11, 2003). 2 17 CFR 240.19b–4. 6 In approving the proposed rule change, the change that are filed with the 3 Amendment No. 1 replaced and superseded the Commission has considered the proposed rule’s original proposal. impact on efficiency, competition, and capital 13 15 U.S.C. 78s(b)(3)(A). 4 See Securities Exchange Act Release No. 52090 formation. See 15 U.S.C. 78c(f). 14 17 CFR 240.19b–4(f)(2). (July 20, 2005), 70 FR 43492. 7 15 U.S.C. 78f(b)(4).

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allocation of reasonable dues, fees, and SUPPLEMENTARY INFORMATION: requirements, including local filing other charges among the Exchange’s requirements that affect the Background members. The Commission believes that enforceability of aircraft liens in Florida. the proposal should allow the Exchange Under 49 U.S.C. 44107, the FAA Interested parties may wish to to more accurately charge LMMs the maintains an aircraft registry that research state lien statutes to determine Exchange’s true costs when multiple records ‘‘conveyances that affect an if local requirements affect options issues are transferred. Further, interest in civil aircraft of the United enforceability of artisan liens recorded the Commission believes that by making States.’’ with the FAA. The FAA published notice in the the proposal retroactive to January 1, Issued in Oklahoma City on September 1, 2002, the Exchange could make Federal Register that the FAA Aircraft 2005. Registry would record artisan liens on adjustments to past transfers in Joseph R. Standell, accordance with the original intent of aircraft that met the minimum requirements of state statute. The notice Aeronautical Center Counsel. the fee. [FR Doc. 05–17835 Filed 9–8–05; 8:45 am] It is therefore ordered, pursuant to stated that, for aircraft, ‘‘there is Federal Section 19(b)(2) of the Act,8 that the preemption of place of filing: The FAA BILLING CODE 4910–13–M proposed rule change (SR–PCX–2005– Aircraft Registry at Oklahoma City.’’ 46 FR 61528, December 17, 1981. The sole 68) and Amendment No. 1 are DEPARTMENT OF TRANSPORTATION approved. purpose of that notice was to set out the criteria for recording artisan liens with For the Commission, by the Division of Federal Aviation Administration Market Regulation, pursuant to delegated the FAA Aircraft Registry. [Summary Notice No. PE–2005–53] authority.9 Florida Statues, F.S.A. 329.01, Jonathan G. Katz, requires all liens of affecting civil aircraft to be filed with the Federal Petitions for Exemption; Summary of Secretary. Aviation Administration. F.S.A. 329.51 Petitions Received [FR Doc. E5–4928 Filed 9–8–05; 8:45 am] provides that aircraft liens are AGENCY: Federal Aviation BILLING CODE 8010–01–P enforceable provided the lienor records Administration (FAA), DOT. a verified lien notice with the clerk of ACTION: Notice of petitions for the circuit court in the county where the exemption received. DEPARTMENT OF TRANSPORTATION aircraft was located when services were furnished. SUMMARY: Pursuant to FAA’s rulemaking Federal Aviation Administration In Creston, a fixed base operator provisions governing the application, State Court Decision Affecting attempted to foreclose a mechanic’s lien processing, and disposition of petitions Recordation of Artisan Liens that had been filed and recorded with for exemption part 11 of Title 14, Code the FAA consistent with 49 U.S.C. of Federal Regulations (14 CFR), this AGENCY: Federal Aviation 44107 and F.S.A. 329.01. However, the notice contains a summary of certain Administration, DOT. Florida Court of Appeal held that the petitions seeking relief from specified ACTION: Notice. fixed base operator’s failure to file a requirements of 14 CFR. The purpose of notice of lien in the county where the this notice is to improve the public’s SUMMARY: Consistent with Agency work was performed rendered the lien awareness of, and participation in, this policy, the Federal Aviation unenforceable under state law. aspect of FAA’s regulatory activities. Administration (FAA) gives notice of The Florida Court of Appeal did not Neither publication of this notice nor the holding in Creation Aviation, Inc., accept the fixed base operator’s the inclusion or omission of information vs. Textron Financial Corporation, argument that state or local filing in the summary is intended to affect the Florida District Court of Appeal, Fourth requirements contained in F.S.A. 329.51 legal status of any petition or its final District, No. 4D04–2178, decided on were preempted by Federal law. The disposition. April 27, 2005. The Court in Creston Court in Creston cited Holiday Airlines DATES: held that Federal law pertaining to Comments on petitions received Corporation v. Pacific Propeller, Inc., must identify the petition docket recording with the FAA Aircraft 620 F.2d 731 (1980), which had similar number involved and must be received Registry did not preempt a Florida facts. The Court in Holiday held that a on or before September 29, 2005. statute requiring that an artisan lien for lien filed with the FAA was enforceable, ADDRESSES: You may submit comments work on an aircraft first be filed in the notwithstanding a lienor’s failure to file county where the work was performed [identified by DOT DMS Docket Number in the State of Washington. The Court FAA–2005–22172 and FAA–2005– in order to enforce the lien under held that the ‘‘federal recording statute, Florida law. Accordingly, the FAA is 21814] by any of the following methods: and rules implementing it, clearly • Web Site: http://dms.dot.gov. advising the public that recording an preempt the filing requirements of Follow the instructions for submitting artisan lien with the FAA Aircraft Washington law.’’ On the other hand, comments on the DOT electronic docket Registry only, may be insufficient to the Court in Holiday held that ‘‘matters site. enforce an artisan lien under Florida touching on the validity of liens are • Fax: 1–202–493–2251. law. determined by underlying State law.’’ • Mail: Docket Management Facility; FOR FURTHER INFORMATION CONTACT: The Florida Court of Appeal accepted U.S. Department of Transportation, 400 Joseph R. Standell, Aeronautical Center the argument that until a lien on a civil Seventh Street, SW., Nassif Building, Counsel, Monroney Aeronautical Center aircraft is recorded with the FAA Room PL–401, Washington, DC 20590– (AMC–7), Federal Aviation Aircraft Registry, it is valid only against 001. Administration, 6500 S. MacArthur, those persons with actual notice and • Hand Delivery: Room PL–401 on Oklahoma City, OK 73169; Telephone their heirs and devises and that after the the plaza level of the Nassif Building, (405) 954–3296. lien is filed with the FAA, it is valid 400 Seventh Street, SW., Washington, against all persons. However, the Court DC, between 9 a.m. and 5 p.m., Monday 8 15 U.S.C. 78s(b)(2). determined that the State of Florida is through Friday, except Federal 9 17 CFR 200.30–3(a)(12). not precluded from imposing Holidays.

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Docket: For access to the docket to ACTION: Notice of disposition of prior DEPARTMENT OF TRANSPORTATION read background documents or petition. comments received, go to http:// Maritime Administration dms.dot.gov at any time or to Room PL– SUMMARY: Pursuant to FAA’s rulemaking [Docket No. MARAD 2005 22327] 401 on the plaza level of the Nassif provisions governing the application, Building, 400 Seventh Street, SW., processing, and disposition of petitions Information Collection Available for Washington, DC, between 9 a.m. and 5 for exemption, part 11 of Title 14, Code Public Comments and p.m., Monday through Friday, except of Federal Regulations (14 CFR), this Recommendations Federal Holidays. notice contains the disposition of ACTION: Notice and request for FOR FURTHER INFORMATION CONTACT: John certain petitions previously received. comments. Linsenmeyer (202) 267–5174 or Susan The purpose of this notice is to improve Lender (202) 267–8029, Office of the public’s awareness of, and SUMMARY: In accordance with the Rulemaking (ARM–1), Federal Aviation participation in, this aspect of FAA’s Paperwork Reduction Act of 1995, this Administration, 800 Independence regulatory activities. Neither publication notice announces the Maritime Avenue, SW., Washington, DC 20591. of this notice nor the inclusion or Administration’s (MARAD’s) intention This notice is published pursuant to omission of information in the summary to request extension of approval for 14 CFR 11.85 and 11.91. is intended to affect the legal status of three years of a currently approved Issued in Washington, DC, on September 1, any petition or its final disposition. information collection. 2005. DATES: FOR FURTHER INFORMATION CONTACT: Comments should be submitted Anthony F. Fazio, on or before November 8, 2005. Director, Office of Rulemaking. Susan Lender (202) 267–8029 or John Linsenmeyer (202) 267–5174, Office of FOR FURTHER INFORMATION CONTACT: Petitions for Exemption Rulemaking (ARM–1), Federal Aviation Rodney McFadden, Maritime Administration, 400 Seventh Street Docket No.: FAA–2005–22172. Administration, 800 Independence Southwest, Washington, DC 20590. Petitioner: Cessna Aircraft Company. Avenue, SW., Washington, DC 20591. Telephone: 202–366–2647; FAX: 202– Section of 14 CFR Affected: 14 CFR This notice is published pursuant to 493–2180; or E-MAIL: 21.231(a)(1). 14 CFR 11.85 and 11.91. [email protected]. Copies of this Description of Relief Sought: collection also can be obtained from that Petitioner seeks an amendment to an Issued in Washington, DC, on September 2, office. exemption adding Delegation Option 2005. Authorization (DOA) for type, Anthony F. Fazio, SUPPLEMENTARY INFORMATION: production, and airworthiness Director, Office of Rulemaking. Title of Collection: Information to certification of new aircraft to an Determine Seamen’s Reemployment exemption permitting DOA Disposition of Petitions Rights—National Emergency. Type of Request: Extension of authorization for derivatives of existing Docket No.: FAA–2004–18676. models. currently approved information Petitioner: Quest Diagnostics, Inc. collection. Docket No.: FAA–2005–21814. OMB Control Number: 2133–0526. Petitioner: Redline Air Service. Sections of 14 CFR Affected: 14 CFR Form Numbers: None. Section of 14 CFR Affected: 14 CFR 91.207(d)(4). Expiration Date of Approval: Three 43.3. Description of Disposition: Quest years from date of approval by the Description of Relief Sought: Redline Diagnostics, Inc. petitioned to operate Office of Management and Budget. Air Service (Redline) seeks an certain aircraft without testing the Summary of Collection of exemption that would allow a Redline emergency locator transmitter (ELT) for Information: This collection is needed pilot to change engine oil and engine oil the presence of a sufficient signal in order to implement provisions of the filters without a mechanics certificate. radiated from its antenna. The FAA Maritime Security Act of 1996. These Redline is located in a remote area of determined that testing the ELT for the provisions grant reemployment rights Alaska; flight time to a repair station for presence of a sufficient signal radiated and other benefits to certain merchant oil changes can represent an economic from its antenna is necessary to ensure seamen serving aboard vessels used by and sometimes a safety burden. Redline the ELT functions properly in case of an the United States during times of would establish a training program for emergency. The FAA is aware of the national emergencies. The Maritime Redline pilots with a repair station Security Act of 1996 establishes the holding an Airframe and Powerplant potential conflict between 14 CFR procedures for obtaining the necessary mechanics certificate. 91.207(d)(4) and 47 CFR 87.197. We are researching avenues to enable operators MARAD certification for reemployment [FR Doc. 05–17908 Filed 9–8–05; 8:45 am] to comply with both rules. We rights and other benefits. BILLING CODE 4910–13–P recommended shielding the ELT Need and Use of the Information: antenna during testing or suppressing MARAD will use the information to the antenna from emitting a signal. The determine if U.S. civilian mariners are DEPARTMENT OF TRANSPORTATION FAA denied the exemption petition. eligible for reemployment rights under the Maritime Security Act of 1996. Federal Aviation Administration Denial of Exemption, 08/29/2005, Description of Respondents: U.S. Exemption No. 8615. merchant seamen who have completed [Summary Notice No. PE–2005–55] [FR Doc. 05–17909 Filed 9–8–05; 8:45 am] designated national service during a Petitions for Exemption; Dispositions BILLING CODE 4910–13–P time of maritime mobilization need and of Petitions Issued are seeking reemployment with a prior employer. AGENCY: Federal Aviation Annual Responses: 50 responses. Administration (FAA), DOT. Annual Burden: 50 hours.

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Comments: Comments should refer to FOR FURTHER INFORMATION CONTACT: quality, utility, and clarity of the the docket number that appears at the Brenda Reed-Perry, Maritime information to be collected. All top of this document. Written comments Administration, 400 Seventh Street comments received will be available for may be submitted to the Docket Clerk, Southwest, Washington, DC 20590. examination at the above address U.S. DOT Dockets, Room PL–401, 400 Telephone: 202–366–0845; FAX: 202– between 10 a.m. and 5 p.m. EDT (or Seventh Street Southwest, Washington, 366–3746; or E-MAIL: Brenda.reed- EST), Monday through Friday, except DC 20590. Comments also may be [email protected]. Copies of this collection Federal holidays. An electronic version submitted by electronic means via the also can be obtained from that office. of this document is available on the Internet at http://dms.dot.gov/submit. SUPPLEMENTARY INFORMATION: World Wide Web at http://dms.dot.gov. Specifically address whether this Title of Collection: Maritime Privacy Act: Anyone is able to search information collection is necessary for Administration Service Obligation the electronic form of all comments proper performance of the functions of Compliance Report and Merchant received into any of our dockets by the the agency and will have practical Marine Reserve/U.S. Naval Reserve name of the individual submitting the utility, accuracy of the burden Annual Report. comment (or signing the comment, if estimates, ways to minimize this Type of Request: Extension of submitted on behalf of an association, burden, and ways to enhance the currently approved information business, labor union, etc.). You may quality, utility, and clarity of the collection. review DOT’s complete Privacy Act information to be collected. All OMB Control Number: 2133–0509. Statement in the Federal Register comments received will be available for Form Numbers: MA–930. published on April 11, 2000 (Volume examination at the above address Expiration Date of Approval: Three 65, Number 70; Pages 19477–78) or you between 10 a.m. and 5 p.m. EDT (or years from date of approval by the may visit http://dms.dot.gov. EST), Monday through Friday, except Office of Management and Budget. (Authority: 49 CFR 1.66.) Federal holidays. An electronic version Summary of Collection of Dated: August 31, 2005. of this document is available on the Information: The Maritime Education By order of the Maritime Administrator. World Wide Web at http://dms.dot.gov. and Training Act of 1980, imposes a Joel C. Richard, Privacy Act: Anyone is able to search service obligation on every graduate of Secretary, Maritime Administration. the electronic form of all comments the U.S. Merchant Marine Academy and received into any of our dockets by the every subsidized State maritime [FR Doc. 05–17911 Filed 9–8–05; 8:45 am] name of the individual submitting the academy graduate who received a BILLING CODE 4910–81–P comment (or signing the comment, if student incentive payment. This submitted on behalf of an association, mandatory service obligation is for the DEPARTMENT OF TRANSPORTATION business, labor union, etc.). You may Federal financial assistance the graduate review DOT’s complete Privacy Act received as a student. In addition, this Maritime Administration Statement in the Federal Register obligation requires the graduate to published on April 11, 2000 (Volume maintain a license as an officer in the [Docket No. MARAD 2005 22326] 65, Number 70; Pages 19477–78) or you merchant marine and to report annually Information Collection Available for may visit http://dms.dot.gov. on reserve status, training and Public Comments and employment. (Authority: 49 CFR 1.66.) Recommendations Dated: August 31, 2005. Need and Use of the Information: By Order of the Maritime Administrator. This information collection is necessary ACTION: Notice and request for Joel C. Richard, to determine if a graduate of the U.S. comments. Merchant Marine Academy or Secretary, Maritime Administration. subsidized State maritime academy SUMMARY: In accordance with the [FR Doc. 05–17910 Filed 9–8–05; 8:45 am] graduate is complying with the terms of Paperwork Reduction Act of 1995, this BILLING CODE 4910–81–P the service obligation. notice announces the Maritime Description of Respondents: Administration’s (MARAD’s) intention Graduates of the U.S. Merchant Marine to request extension of approval for DEPARTMENT OF TRANSPORTATION Academy and every subsidized State three years of a currently approved Maritime Administration maritime academy graduate who information collection. received a student incentive payment. DATES: Comments should be submitted Annual Responses: 1744 responses. [Docket No. MARAD 2005 22325] on or before November 8, 2005. Annual Burden: 872 hours. FOR FURTHER INFORMATION CONTACT: Information Collection Available for Comments: Comments should refer to Ruth DeVelbis, Maritime Public Comments and the docket number that appears at the Administration, 400 Seventh Street Recommendations top of this document. Written comments Southwest, Washington, DC 20590. may be submitted to the Docket Clerk, Telephone: 202–366–2314, FAX: 202– ACTION: Notice and request for U.S. DOT Dockets, Room PL–401, 400 366–9580, or e-mail: comments. Seventh Street Southwest, Washington, [email protected]. Copies of this DC 20590. Comments also may be collection also can be obtained from that SUMMARY: In accordance with the submitted by electronic means via the office. Paperwork Reduction Act of 1995, this Internet at http://dms.dot.gov/submit. SUPPLEMENTARY INFORMATION: notice announces the Maritime Specifically address whether this Title of Collection: Records Retention Administration’s (MARAD’s) intention information collection is necessary for Schedule. to request extension of approval for proper performance of the functions of Type of Request: Extension of three years of a currently approved the agency and will have practical currently approved information information collection. utility, accuracy of the burden collection. DATES: Comments should be submitted estimates, ways to minimize this OMB Control Number: 2133–0501. on or before November 8, 2005. burden, and ways to enhance the Form Numbers: None.

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Expiration Date of Approval: Three By order of the Maritime Administrator. top of this document. Written comments years from date of approval by the Joel C. Richard, may be submitted to the Docket Clerk, Office of Management and Budget. Secretary, Maritime Administration. U.S. DOT Dockets, Room PL–401, 400 Summary of Collection of [FR Doc. 05–17912 Filed 9–8–05; 8:45 am] Seventh Street Southwest, Washington, DC 20590. Comments also may be Information: Section 801, Merchant BILLING CODE 4910–81–P Marine Act, 1936, as amended, requires submitted by electronic means via the Internet at http://dms.dot.gov/submit. retention of records pertaining to Specifically address whether this financial assistance programs for ship DEPARTMENT OF TRANSPORTATION information collection is necessary for construction and ship operations. These Maritime Administration proper performance of the functions of records are required to be retained to [Docket No. MARAD 2005 22328] the agency and will have practical permit proper financial review of utility, accuracy of the burden pertinent records at the conclusion of a Information Collection Available for estimates, ways to minimize this contract when the contractor was Public Comments and burden, and ways to enhance the receiving government financial Recommendations quality, utility, and clarity of the assistance. information to be collected. All Need and Use of the Information: The ACTION: Notice and request for comments received will be available for information is needed in order that comments. examination at the above address MARAD may conduct financial reviews between 10 a.m. and 5 p.m. EDT (or SUMMARY: In accordance with the EST), Monday through Friday, except of pertinent records at the conclusion of Paperwork Reduction Act of 1995, this a contract. Federal Holidays. An electronic version notice announces the Maritime of this document is available on the Description of Respondents: U.S. Administration’s (MARAD’s) intention World Wide Web at http://dms.dot.gov. shipping companies receiving to request extension of approval for Privacy Act : Anyone is able to search government financial aid. three years of a currently approved the electronic form of all comments Annual Responses: One response. information collection. received into any of our dockets by the DATES: Comments should be submitted Annual Burden: 50 hours. name of the individual submitting the on or before November 8, 2005. comment (or signing the comment, if Comments: Comments should refer to FOR FURTHER INFORMATION CONTACT: submitted on behalf of an association, the docket number that appears at the Thomas Olsen, Maritime business, labor union, etc.). You may top of this document. Written comments Administration, 400 Seventh Street review DOT’s complete Privacy Act may be submitted to the Docket Clerk, Southwest, Washington, DC 20590. Statement in the Federal Register U.S. DOT Dockets, Room PL–401, 400 Telephone: 202–366–2313, FAX: 202– published on April 11, 2000 (Volume Seventh Street, Southwest, Washington, 366–9580; or E-mail: 65, Number 70; Pages 19477–78) or you DC 20590. Comments also may be [email protected]. Copies of this may visit http://dms.dot.gov. submitted by electronic means via the collection also can be obtained from that Internet at http://dms.dot.gov/submit. (Authority: 49 CFR 1.66.) office. By order of the Maritime Administrator. Specifically address whether this SUPPLEMENTARY INFORMATION: Dated: August 30, 2005. information collection is necessary for Title of Collection: Determination of Joel C. Richard, proper performance of the functions of Fair and Reasonable Rates for Carriage the agency and will have practical of Agriculture Cargoes on U.S.-flag Secretary, Maritime Administration. utility, accuracy of the burden Commercial Vessels. [FR Doc. 05–17913 Filed 9–8–05; 8:45 am] estimates, ways to minimize this Type of Request: Extension of BILLING CODE 4910–81–P burden, and ways to enhance the currently approved information quality, utility, and clarity of the collection. DEPARTMENT OF TRANSPORTATION information to be collected. All OMB Control Number: 2133–0514. comments received will be available for Form Numbers: MA–1025, MA–1026, and MA–172. National Highway Traffic Safety examination at the above address Administration between 10 a.m. and 5 p.m. EDT (or Expiration Date of Approval: Three EST), Monday through Friday, except years from date of approval by the [Docket No. NHTSA 2005–21925; Notice 2] Office of Management and Budget. Federal holidays. An electronic version Summary of Collection of Continental Tire North America, Inc., of this document is available on the Information: This data collection Grant of Petition for Decision of World Wide Web at http://dms.dot.gov. requires U.S.-flag operators to submit Inconsequential Noncompliance Privacy Act: Anyone is able to search vessel operating costs and capital costs the electronic form of all comments data to MARAD officials on an annual Continental Tire North America, Inc. received into any of our dockets by the basis. (Continental) has determined that name of the individual submitting the Need and Use of the Information: This certain tires that it produced do not comment (or signing the comment, if information is needed by MARAD to comply with S6.5 of 49 CFR 571.119, submitted on behalf of an association, establish fair and reasonable guideline Federal Motor Vehicle Safety Standard business, labor union, etc.). You may rates for carriage of specific cargoes on (FMVSS) No. 119, ‘‘New pneumatic tires review DOT’s complete Privacy Act U.S. vessels. for vehicles other than passenger cars.’’ Statement in the Federal Register Description of Respondents: U.S. Pursuant to 49 U.S.C. 30118(d) and published on April 11, 2000 (Volume citizens who own and operate U.S.-flag 30120(h), Continental has petitioned for 65, Number 70; Pages 19477–78) or you vessels. a determination that this may visit http://dms.dot.gov. Annual Responses: 260 responses. noncompliance is inconsequential to Annual Burden: 740 hours. motor vehicle safety and has filed an (Authority: 49 CFR 1.66.) Comments: Comments should refer to appropriate report pursuant to 49 CFR Dated: August 31, 2005. the docket number that appears at the part 573, ‘‘Defect and Noncompliance

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Reports.’’ Notice of receipt of a petition Issued on: September 2, 2005. other requirements of FMVSS No. 109 was published, with a 30-day comment Ronald L. Medford, and 49 CFR 574.5. period, on July 27, 2005, in the Federal Senior Associate Administrator for Vehicle NHTSA agrees with Cooper that the Register (70 FR 43507). NHTSA Safety. noncompliance is inconsequential to received no comments. [FR Doc. 05–17902 Filed 9–8–05; 8:45 am] motor vehicle safety. As Cooper points Affected are a total of approximately BILLING CODE 4910–59–P out, the tires do have sidewall markings 430 tires produced on May 24, 2005. which provide the correct size for the One requirement of S6.5 of FMVSS No. user of this information. In addition, the 119, tire markings, is that the tire DEPARTMENT OF TRANSPORTATION incorrect marking does not affect the identification shall comply with 49 CFR ability to identify the tires in the event part 574, ‘‘Tire Identification and National Highway Traffic Safety of recall. Cooper has corrected the Recordkeeping,’’ which includes the Administration problem. marking requirements of 574.5(b) DOT In consideration of the foregoing, size code, and 574.5(c) DOT tire type. [Docket No. NHTSA 2005–21926; Notice 2] NHTSA has decided that the petitioner The subject tires are incorrectly marked has met its burden of persuasion that Cooper Tire & Rubber Company, Grant for both size code and tire type. The the noncompliance described is of Petition for Decision of markings read ‘‘A3 3T 1WP XXXX’’ inconsequential to motor vehicle safety. Inconsequential Noncompliance when they should read ‘‘A3 55 1N1 Accordingly, Cooper’s petition is XXXX.’’ Cooper Tire & Rubber Company granted and the petitioner is exempted Continental Tire explained: (Cooper) has determined that the from the obligation of providing [T]he curing mold used in the production markings on certain tires that it notification of, and a remedy for, the of the tires was being serviced. During the produced in 2004 and 2005 do not noncompliance. service, the interchangeable plugs that comply with S4.3(a) of 49 CFR 571.109, (Authority: 49 U.S.C. 30118, 30120; contain the DOT size and type information Federal Motor Vehicle Safety Standard delegations of authority at CFR 1.50 and came out of the mold. The individual (FMVSS) No. 109, ‘‘New pneumatic 501.8) replacing the plugs inserted plugs engraved tires.’’ Pursuant to 49 U.S.C. 30118(d) Issued on: September 2, 2005. with the incorrect information. The and 30120(h), Cooper has petitioned for noncompliance was discovered after 430 tires Ronald L. Medford, had been cured in this mold. a determination that this Senior Associate Administrator for Vehicle noncompliance is inconsequential to Safety. Continental Tire believes that the motor vehicle safety and has filed an [FR Doc. 05–17903 Filed 9–8–05; 8:45 am] noncompliance is inconsequential to appropriate report pursuant to 49 CFR BILLING CODE 4910–59–P motor vehicle safety and that no part 573, ‘‘Defect and Noncompliance corrective action is warranted. Reports.’’ Notice of receipt of a petition Continental Tire stated that ‘‘[a]ll other was published, with a 30-day comment DEPARTMENT OF TRANSPORTATION sidewall identification markings and period, on July 29, 2005 in the Federal safety information are correct, referring Register (70 FR 43934). NHTSA National Highway Traffic Safety to recognizable size markings and load received no comments. Administration carrying capacities. A consumer or Affected are a total of approximately dealer examining the DOT Code could 2,606 Cooper Discoverer AST II tires in [Docket No. NHTSA 2005–21930; Notice 2] still determine the correct the 265/70R16 size, produced between Cooper Tire & Rubber Company, Grant manufacturing plant and correct October 10, 2004 and April 16, 2005. of Petition for Decision of manufacturing date.’’ S4.3, Labeling requirements, requires Inconsequential Noncompliance NHTSA agrees with Continental that compliance with 49 CFR 574.5, ‘‘Tire the noncompliance is inconsequential to Identification and Record Keeping, Tire Cooper Tire & Rubber Company motor vehicle safety. As Continental Identification Requirements.’’ The size (Cooper) has determined that certain points out, the tires do have markings designation required by Part 574.5 was tires it produced in 2005 do not comply which provide the correct size and load incorrectly marked on the subject tires, with S4.3(e) of 49 CFR 571.109, Federal carrying capacities, and the correct which were molded with the letters Motor Vehicle Safety Standard (FMVSS) manufacturing plant and date can be ‘‘TY’’ as the second grouping of symbols No. 109, ‘‘New pneumatic tires.’’ determined. Therefore, there should be in the tire identification number. The Pursuant to 49 U.S.C. 30118(d) and no confusion by the user of this correct stamping should have been 30120(h), Cooper has petitioned for a information, and Continental should be ‘‘C2.’’ determination that this noncompliance able to identify the tires in the event of Cooper believes that the is inconsequential to motor vehicle recall. Continental has corrected the noncompliance is inconsequential to safety and has filed an appropriate problem. motor vehicle safety and that no report pursuant to 49 CFR part 573, In consideration of the foregoing, corrective action is warranted. Cooper ‘‘Defect and Noncompliance Reports.’’ NHTSA has decided that the petitioner states that the purpose of the tire Notice of receipt of a petition was has met its burden of persuasion that identification number marking published, with a 30-day comment the noncompliance described is requirements is to facilitate the ability of period, on July 29, 2005 in the Federal inconsequential to motor vehicle safety. the tire manufacturer to identify the Register (70 FR 43934). NHTSA Accordingly, Continental’s petition is tires in the event of a recall. Cooper received no comments. granted and the petitioner is exempted asserts that the incorrect size Cooper produced approximately 3,070 from the obligation of providing designation in this case does not affect Cooper brand tires during the period notification of, and a remedy for, the the ability to identify defective or from January 30, 2005 through May 21, noncompliance. nonconforming tires. Cooper points out 2005 that do not comply with FMVSS (Authority: 49 U.S.C. 30118, 30120; that the tire size is correctly stamped on No. 109, S4.3(e). S4.3(e) of FMVSS No. delegations of authority at CFR 1.50 and the sidewalls of the subject tires, and 109 requires that ‘‘each tire shall have 501.8) states that the tires comply with all permanently molded into or onto both

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sidewalls * * * (e) Actual number of vehicle safety because most consumers noncompliant tires were marked ‘‘tread plies in the sidewall, and the actual do not base tire purchases or vehicle 2 ply steel + 2 ply polyester; sidewall 2 number of plies in the tread area if operation parameters on the number of ply polyester.’’ The correct marking different.’’ The noncompliant tires were plies in the tire. In addition, the tires are should read ‘‘tread 1 ply nylon, 2 ply marked ‘‘tread 1 ply nylon + 2 ply steel certified to meet all the performance steel + 2 ply polyester; sidewall 2 ply + 1 ply polyester; sidewall 2 ply requirements of FMVSS No. 109 and all polyester.’’ polyester.’’ The correct marking should other informational markings as Cooper believes that the read ‘‘tread 1 ply nylon, 2 ply steel + 2 required by FMVSS No. 109 are present. noncompliance is inconsequential to ply polyester; sidewall 2 ply polyester.’’ Cooper has corrected the problem. motor vehicle safety and that no Cooper believes that the In consideration of the foregoing, corrective action is warranted. Cooper noncompliance is inconsequential to NHTSA has decided that the petitioner states that ‘‘the incorrect number of motor vehicle safety and that no has met its burden of persuasion that tread plies on each tire does not present corrective action is warranted. Cooper the noncompliance described is a safety-related defect. In addition to states that ‘‘the incorrect number of inconsequential to motor vehicle safety. having the number of tread plies marked tread plies on each tire does not present Accordingly, Cooper’s petition is on the sidewall, the subject tires have an a safety-related defect. The subject tires, granted and the petitioner is exempted additional nylon tread ply.’’ Cooper in fact, have 2 polyester tread plies.’’ from the obligation of providing states that the tires comply with all Cooper states that the tires comply with notification of, and a remedy for, the other requirements of FMVSS No. 119. all other requirements of FMVSS No. noncompliance. The Transportation Recall, 109. Enhancement, Accountability, and The Transportation Recall, (Authority: 49 U.S.C. 30118, 30120; Documentation (TREAD) Act (Pub. L. Enhancement, Accountability, and delegations of authority at CFR 1.50 and 106–414) required, among other things, 501.8) Documentation (TREAD) Act (Pub. L. that the agency initiate rulemaking to 106–414) required, among other things, Issued on: September 2, 2005. improve tire label information. In that the agency initiate rulemaking to Ronald L. Medford, response, the agency published an improve tire label information. In Senior Associate Administrator for Vehicle Advance Notice of Proposed response, the agency published an Safety. Rulemaking (ANPRM) in the Federal Advance Notice of Proposed [FR Doc. 05–17905 Filed 9–8–05; 8:45 am] Register on December 1, 2000 (65 FR Rulemaking (ANPRM) in the Federal BILLING CODE 4910–59–P 75222). Register on December 1, 2000 (65 FR The agency received more than 20 75222). comments on the tire labeling The agency received more than 20 DEPARTMENT OF TRANSPORTATION information required by 49 CFR comments on the tire labeling Sections 571.109 and 119, Part 567, Part information required by 49 CFR National Highway Traffic Safety 574, and Part 575. In addition, the Sections 571.109 and 119, Part 567, Part Administration agency conducted a series of focus 574, and Part 575. In addition, the [Docket No. NHTSA 2005–21929; Notice 2] groups, as required by the TREAD Act, agency conducted a series of focus to examine consumer perceptions and groups, as required by the TREAD Act, Cooper Tire & Rubber Company, Grant understanding of tire labeling. Few of to examine consumer perceptions and of Petition for Decision of the focus group participants had understanding of tire labeling. Few of Inconsequential Noncompliance knowledge of tire labeling beyond the the focus group participants had tire brand name, tire size, and tire knowledge of tire labeling beyond the Cooper Tire & Rubber Company pressure. tire brand name, tire size, and tire (Cooper) has determined that certain Based on the information obtained pressure. tires it manufactured during 2004 and from comments to the ANPRM and the Based on the information obtained 2005 do not comply with S6.5(f) of consumer focus groups, we have from comments to the ANPRM and the Federal Motor Vehicle Safety Standard concluded that it is likely that few consumer focus groups, we have (FMVSS) No. 119, ‘‘New pneumatic tires consumers have been influenced by the concluded that it is likely that few for vehicles other than passenger cars.’’ tire construction information (number of consumers have been influenced by the Pursuant to 49 U.S.C. 30118(d) and plies and cord material in the sidewall tire construction information (number of 30120(h), Cooper has petitioned for a and tread plies) provided on the tire plies and cord material in the sidewall determination that this noncompliance label when deciding to buy a motor and tread plies) provided on the tire is inconsequential to motor vehicle vehicle or tire. label when deciding to buy a motor safety and has filed an appropriate Therefore, the agency agrees with vehicle or tire. report pursuant to 49 CFR part 573, Cooper’s statement that the incorrect Therefore, the agency agrees with ‘‘Defect and Noncompliance Reports.’’ markings in this case do not present a Cooper’s statement that the incorrect Notice of receipt of a petition was serious safety concern.1 There is no markings in this case do not present a published, with a 30-day comment effect of the noncompliance on the serious safety concern.1 There is no period, on July 29, 2005 in the Federal operational safety of vehicles on which effect of the noncompliance on the Register (70 FR 43935). NHTSA these tires are mounted. In the agency’s operational safety of vehicles on which received no comments. judgment, the incorrect labeling of the these tires are mounted. In the agency’s Cooper produced approximately 195 tire construction information will have judgment, the incorrect labeling of the Power King brand tires during the an inconsequential effect on motor tire construction information will have period from May 15, 2005 through May vehicle safety because most consumers an inconsequential effect on motor 21, 2005 that do not comply with do not base tire purchases or vehicle FMVSS No. 119, S6.5(f). S6.5(f) of 1 This decision is limited to its specific facts. As FMVSS No. 119 requires that each tire 1 This decision is limited to its specific facts. As some commenters on the ANPRM noted, the some commenters on the ANPRM noted, the existence of steel in a tire’s sidewall can be relevant shall be marked with ‘‘[t]he actual existence of steel in a tire’s sidewall can be relevant to the manner in which it should be repaired or number of plies * * * in the sidewall to the manner in which it should be repaired or retreaded. and, if different, in the tread area.’’ The retreaded.

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operation parameters on the number of ply polyester.’’ The correct marking requirements of FMVSS No. 119 and all plies in the tire. In addition, the tires are should read ‘‘tread 1 ply nylon, 2 ply other informational markings as certified to meet all the performance steel + 3 ply polyester; sidewall 3 ply required by FMVSS No. 119 are present. requirements of FMVSS No. 119 and all polyester.’’ Cooper has corrected the problem. other informational markings as Cooper believes that the In consideration of the foregoing, required by FMVSS No. 119 are present. noncompliance is inconsequential to NHTSA has decided that the petitioner Cooper has corrected the problem. motor vehicle safety and that no has met its burden of persuasion that In consideration of the foregoing, corrective action is warranted. Cooper the noncompliance described is NHTSA has decided that the petitioner states that ‘‘the incorrect number of inconsequential to motor vehicle safety. has met its burden of persuasion that tread plies on each tire does not present Accordingly, Cooper’s petition is the noncompliance described is a safety-related defect. In addition to granted and the petitioner is exempted inconsequential to motor vehicle safety. having the number of tread plies marked from the obligation of providing Accordingly, Cooper’s petition is on the sidewall, the subject tires have an notification of, and a remedy for, the granted and the petitioner is exempted additional nylon tread ply.’’ Cooper noncompliance. from the obligation of providing states that the tires comply with all (Authority: 49 U.S.C. 30118, 30120; notification of, and a remedy for, the other requirements of FMVSS No. 119. delegations of authority at CFR 1.50 and noncompliance. The Transportation Recall, 501.8) Enhancement, Accountability, and Issued on: September 2, 2005. (Authority: 49 U.S.C. 30118, 30120; Documentation (TREAD) Act (Pub. L. delegations of authority at CFR 1.50 and 106–414) required, among other things, Ronald L. Medford, 501.8) that the agency initiate rulemaking to Senior Associate Administrator for Vehicle Safety. Issued on: September 2, 2005. improve tire label information. In Ronald L. Medford, response, the agency published an [FR Doc. 05–17907 Filed 9–8–05; 8:45 am] Senior Associate Administrator for Vehicle Advance Notice of Proposed BILLING CODE 4910–59–P Safety. Rulemaking (ANPRM) in the Federal [FR Doc. 05–17906 Filed 9–8–05; 8:45 am] Register on December 1, 2000 (65 FR DEPARTMENT OF TRANSPORTATION BILLING CODE 4910–59–P 75222). The agency received more than 20 National Highway Traffic Safety comments on the tire labeling Administration DEPARTMENT OF TRANSPORTATION information required by 49 CFR 571.109 and 119, Part 567, Part 574, and Part Withdrawal of Petition for Exemption National Highway Traffic Safety 575. In addition, the agency conducted From the Federal Motor Vehicle Theft Administration a series of focus groups, as required by Prevention Standard; DaimlerChrysler [Docket No. NHTSA 2005–21928; Notice 2] the TREAD Act, to examine consumer perceptions and understanding of tire AGENCY: National Highway Traffic Cooper Tire & Rubber Company, Grant labeling. Few of the focus group Safety Administration (NHTSA), of Petition for Decision of participants had knowledge of tire Department of Transportation (DOT). Inconsequential Noncompliance labeling beyond the tire brand name, ACTION: Notice; withdrawal of petition tire size, and tire pressure. for exemption. Cooper Tire & Rubber Company Based on the information obtained (Cooper) has determined that certain from comments to the ANPRM and the SUMMARY: This notice withdraws the tires it manufactured during 2004 and consumer focus groups, we have petition by DaimlerChrysler Corporation 2005 do not comply with S6.5(f) of concluded that it is likely that few (DaimlerChrysler) for an exemption Federal Motor Vehicle Safety Standard consumers have been influenced by the from the parts marking requirements of (FMVSS) No. 119, ‘‘New pneumatic tires tire construction information (number of the vehicle theft prevention standard for for vehicles other than passenger cars.’’ plies and cord material in the sidewall the Jeep Liberty vehicle line. Pursuant to 49 U.S.C. 30118(d) and and tread plies) provided on the tire FOR FURTHER INFORMATION CONTACT: Ms. 30120(h), Cooper has petitioned for a label when deciding to buy a motor Rosalind Proctor, Office of International determination that this noncompliance vehicle or tire. Policy, Fuel Economy and Consumer is inconsequential to motor vehicle Therefore, the agency agrees with Programs, NHTSA, 400 Seventh Street, safety and has filed an appropriate Cooper’s statement that the incorrect SW., Washington, DC 20590. Ms. report pursuant to 49 CFR part 573, markings in this case do not present a Proctor’s phone number is (202) 366– ‘‘Defect and Noncompliance Reports.’’ serious safety concern.1 There is no 0846. Her fax number is (202) 493–2290. Notice of receipt of a petition was effect of the noncompliance on the SUPPLEMENTARY INFORMATION: In a published, with a 30-day comment operational safety of vehicles on which petition dated March 30, 2005, period, on July 29, 2005 in the Federal these tires are mounted. In the agency’s DaimlerChrysler requested an Register (70 FR 43935). NHTSA judgment, the incorrect labeling of the exemption from the parts marking received no comments. tire construction information will have requirements of the theft prevention Cooper produced approximately an inconsequential effect on motor standard (49 CFR part 541) for the Jeep 15,692 Cooper brand tires during the vehicle safety because most consumers Liberty vehicle line, beginning with period from October 3, 2004 through do not base tire purchases or vehicle model year (MY) 2006. The petition April 9, 2005 that do not comply with operation parameters on the number of requested an exemption from the parts FMVSS No. 119, S6.5(f). S6.5(f) of plies in the tire. In addition, the tires are marking requirements pursuant to 49 FMVSS No. 119 requires that each tire certified to meet all the performance CFR part 543, Exemption from Vehicle shall be marked with ‘‘[t]he actual Theft Prevention Standard, based on the number of plies * * * in the sidewall 1 This decision is limited to its specific facts. As installation of an antitheft device as some commenters on the ANPRM noted, the and, if different, in the tread area.’’ The existence of steel in a tire’s sidewall can be relevant standard equipment for the entire noncompliant tires were marked ‘‘tread to the manner in which it should be repaired or vehicle line. On July 12, 2005, the 2 ply steel + 3 ply polyester; sidewall 3 retreaded. agency granted in full the petition of

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DaimlerChrysler for exemption of the exemption of the Ford Thunderbird which may prove to be misleading and Jeep Liberty from the parts marking from the parts marking requirements are in need of clarification. requirements beginning with the 2006 beginning with the 2006 model year. Correction of Publication model year. (See 70 FR 40103). (See 70 FR 12780). Subsequently, DaimlerChrysler Ford informed the agency by letter Accordingly, the publication of the requested the agency to withdraw its dated August 5, 2005, that it was comment request for REG–253578–96, petition for exemption for the Jeep withdrawing its petition for exemption which was the subject of FR Doc. 05– Liberty vehicle line. for the Ford Thunderbird vehicle line. 16609, is corrected as follows: This notice acknowledges Ford also stated that it will discontinue 1. On page 49010 and 49011, columns DaimlerChrysler’s request for production of the Thunderbird vehicle 3 and 1 respectively, under the caption withdrawal of its March 30, 2005 line effective the end of the 2005 MY. SUMMARY, lines 15 through 17 on page petition for exemption. Accordingly, the This notice acknowledges Ford’s request 40910, and lines 1 and 2 on page 40911, Jeep Liberty vehicle line remains subject for withdrawal of its December 5, 2004 the language ‘‘Group Health Plans; and to the parts-marking requirements of 49 petition for exemption. Accordingly, the temporary regulation (TD 8716) Interim CFR part 541. Ford Thunderbird vehicle line will Rules for Health Insurance Portability Authority: 49 U.S.C. 33106; delegation of remain subject to the parts marking for Group Health Plans (54.9801–3T, authority at 49 CFR 1.50. requirements of 49 CFR part 541 until 54.9801–4T, 54.98015T, and 54.9801– production ends. Issued on: September 1, 2005. 6T).’’ is corrected to read ‘‘Group Health Stephen R. Kratzke, Authority: 49 U.S.C. 33106; delegation of Plans and Rules for Health Insurance authority at 49 CFR 1.50. Associate Administrator for Rulemaking. Portability for Group Health Plans.’’. [FR Doc. 05–17843 Filed 9–8–05; 8:45 am] Issued on: September 1, 2005. 2. On page 49011, column 1, under BILLING CODE 4910–59–P Stephen R. Kratzke, the caption SUPPLEMENTARY Associate Administrator for Rulemaking. INFORMATION, lines 1 through 4, the [FR Doc. 05–17842 Filed 9–8–05; 8:45 am] language ‘‘Title: Notice of Proposed DEPARTMENT OF TRANSPORTATION BILLING CODE 4910–59–P Rulemaking, Health Insurance Portability for Group Health Plans, and National Highway Traffic Safety temporary regulation, Interim Rules for Administration DEPARTMENT OF THE TREASURY Health Insurance’’ is corrected to read ‘‘Title: Health Insurance Portability for Withdrawal of Petition for Exemption Internal Revenue Service Group Health Plans, and Rules for From the Federal Motor Vehicle Theft Health Insurance’’. Prevention Standard; Ford Motor [REG–253578–96] Company Cynthia E. Grigsby, Proposed Collection; Comment Acting Chief, Publications and Regulations AGENCY: National Highway Traffic Request for Regulation Project; Branch, Legal Processing Division, Associate Safety Administration (NHTSA), Correction Chief Counsel (Procedures and Department of Transportation (DOT). Administration). ACTION: Notice; withdrawal of petition AGENCY: Internal Revenue Service (IRS), [FR Doc. E5–4898 Filed 9–8–05; 8:45 am] for exemption. Treasury. BILLING CODE 4830–01–P ACTION: Correction to notice and request SUMMARY: This notice withdraws the for comments. petition by Ford Motor Company (Ford) DEPARTMENT OF THE TREASURY for an exemption from the parts marking SUMMARY: This document contains requirements of the vehicle theft corrections to a notice and request for Internal Revenue Service prevention standard for the Ford comments, which was published in the Thunderbird vehicle line. Federal Register on Monday, August 22, Open Meeting of the Area 7 Taxpayer Advocacy Panel (Including the States FOR FURTHER INFORMATION CONTACT: Ms. 2005 (70 FR 49010). This notice relates of Alaska, California, Hawaii, and Rosalind Proctor, Office of International to the Department of the Treasury’s Nevada) Policy, Fuel Economy and Consumer invitation to the general public and other Federal agencies to take the Programs, NHTSA, 400 Seventh Street, AGENCY: opportunity to comment on proposed Internal Revenue Service (IRS), SW., Washington, DC 20590. Ms. Treasury. Proctor’s phone number is (202) 366– and/or continuing information 0846. Her fax number is (202) 493–2290. collections. ACTION: Amended notice. SUPPLEMENTARY INFORMATION: In a FOR FURTHER INFORMATION CONTACT: SUMMARY: petition dated December 20, 2004, Ford Allan Hopkins, (202) 622–6665 (not a The open meeting of the Area requested an exemption from the parts toll-free number). 7 committee of the Taxpayer Advocacy Panel that was published in the Federal marking requirements of the theft SUPPLEMENTARY INFORMATION: prevention standard (49 CFR part 541) Register on August 23, 2005, has been for the Ford Thunderbird vehicle line, Background rescheduled. The Taxpayer Advocacy Panel (TAP) is soliciting public beginning with model year (MY) 2006. The notice and request for comments comments, ideas, and suggestions on The petition requested an exemption that is the subject of these corrections is improving customer service at the from the parts marking requirements required by the Paperwork Reduction Internal Revenue Service. The TAP will pursuant to 49 CFR part 543, Exemption Act of 1995, Public Law 104–13 (44 use citizen input to make from Vehicle Theft Prevention Standard, U.S.C. 3506(c)(2)(A)). based on the installation of an antitheft recommendations to the Internal device as standard equipment for the Need for Correction Revenue Service. entire vehicle line. The agency granted As published, the comment request DATES: The meeting will be held in full the petition of Ford for for REG–253578–96 contains errors Wednesday, September 28, 2005.

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FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF VETERANS analysis, followed by an overview of Mary Peterson O’Brien at 1–888–912– AFFAIRS potential research projects and 1227, or 206–220–6096. methodologies to assist the Commission Veterans’ Disability Benefits with its charter and fulfill the SUPPLEMENTARY INFORMATION: Notice is Commission; Notice of Meeting requirements outlined in Public Law hereby given pursuant to Section 108–136, the National Defense 10(a)(2) of the Federal Advisory The Department of Veterans Affairs (VA) gives notice under Public Law 92– Authorization Act of 2004. (The Committee Act, 5 U.S.C. App. (1988) Commission is required by this law to that an open meeting of the Area 7 463 (Federal Advisory Committee Act) that the Veterans’ Disability Benefits consult with the IOM concerning the Taxpayer Advocacy Panel will be held Commission has scheduled a meeting medical aspects of contemporary Wednesday, September 28, 2005 from on September 15–16, 2005, in the disability compensation policies.) One 10 a.m. Pacific Time to 11:30 a.m. Lincoln Ballroom, Fourth Floor, Holiday or more FFRDC(s) will supplement the Pacific Time via a telephone conference Inn, 8777 Georgia Avenue, Silver Commission’s work with additional call. The public is invited to make oral Spring, Maryland 20910. The meeting is resources, surveying capabilities, comments. Individual comments will be open to the public and will begin at 8:30 research, study and analysis of the key limited to 5 minutes. If you would like a.m. and end at 4:30 p.m. each day. The issues and questions that the to have the TAP consider a written public is encouraged to visit the Commission will identify during this statement, please call 1–888–912–1227 Commission’s Web site at http:// two-day event. or 206–220–6096, or write to Mary www.va.gov/vetscommission for Interested persons may attend and Peterson O’Brien, TAP Office, 915 2nd transportation options to the Holiday present oral statements to the Avenue, MS W–406, Seattle, WA 98174 Inn from the Silver Spring metro stop. Commission. Time for oral or you can contact us at http:// The purpose of the Commission is to presentations will be limited to five www.improveirs.org. Due to limited carry out a study of the benefits under minutes or less, depending on the conference lines, notification of intent the laws of the United States that are number of participants. Interested to participate in the telephone provided to compensate and assist parties may provide written comments conference call meeting must be made veterans and their survivors for for review by the Commission prior the with Mary Peterson O’Brien. Ms. disabilities and deaths attributable to meeting, by e-mail to: O’Brien can be reached at 1–888–912– military service. [email protected] The agenda for the meeting will 1227 or 206–220–6096. or by mail to: Mr. Ray Wilburn, include briefings by each of the Executive Director, Veterans’ Disability The agenda will include the Veterans’ Disability Benefits Benefits Commission, 1101 following: Various IRS issues. Commission Subcommittees, one or Pennsylvania Avenue, NW., 5th Floor, Dated: September 2, 2005. more Federally Funded Research and Washington, DC 20004. Development Center(s) [FFRDC(s)], and Martha Curry, Dated: September 1, 2005. the Institute of Medicine (IOM) of the Acting Director, Taxpayer Advocacy Panel. National Academy of Sciences. The By direction of the Secretary. [FR Doc. E5–4899 Filed 9–8–05; 8:45 am] purpose of these briefings will be to E. Philip Riggin, BILLING CODE 4830–01–P provide the Commission with Committee Management Officer. recommendations on key issues and [FR Doc. 05–17847 Filed 9–8–05; 8:45 am] research questions for further study and BILLING CODE 8320–01–M

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Corrections Federal Register Vol. 70, No. 174

Friday, September 9, 2005

This section of the FEDERAL REGISTER DEPARTMENT OF DEFENSE Thursday, September 1, 2005, make the contains editorial corrections of previously following corrections: published Presidential, Rule, Proposed Rule, 48 CFR Part 252 and Notice documents. These corrections are 252.212–7001 [Corrected] prepared by the Office of the Federal [DFARS Case 2005–D007] 1. On page 52034, in the first column, Register. Agency prepared corrections are Defense Federal Acquisition in section 252.212–7001(b), in 252.237– issued as signed documents and appear in 7019, in the second line, ‘‘(AUG)’’ the appropriate document categories Regulation Supplement: Training for elsewhere in the issue. Contractor Personnel Interacting With should read ‘‘(SEPT)’’. Detainees 2. On the same page, in the same column, in section 252.212–7001(c), in Correction 252.237–7019, in the second line, ‘‘(AUG)’’ should read ‘‘(SEPT)’’. In In rule document 05–17347 beginning on page 52032 in the issue of [FR Doc. C5–17347 Filed 9–8–05; 8:45 am] BILLING CODE 1505–01–D

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Part II

The President Proclamation 7922—Death of William H. Rehnquist Proclamation 7923—Honoring the Memory of the Victims of Hurricane Katrina

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Federal Register Presidential Documents Vol. 70, No. 174

Friday, September 9, 2005

Title 3— Proclamation 7922 of September 4, 2005

The President Death of William H. Rehnquist

By the President of the United States of America

A Proclamation As a mark of respect for William H. Rehnquist, Chief Justice of the United States, I hereby order, by the authority vested in me by the Constitution and laws of the United States of America, including section 7 of title 4, United States Code, that the flag of the United States shall be flown at half-staff at the White House and on all public buildings and grounds, at all military posts and naval stations, and on all naval vessels of the Federal Government in the District of Columbia and throughout the United States and its Territories and possessions until sunset, Tuesday, September 13, 2005. I also direct that the flag shall be flown at half-staff for the same period at all United States embassies, legations, consular offices, and other facilities abroad, including all military facilities and naval vessels and stations. IN WITNESS WHEREOF, I have hereunto set my hand this fourth day of September, in the year of our Lord two thousand five, and of the Independ- ence of the United States of America the two hundred and thirtieth. W

[FR Doc. 05–18037 Filed 9–8–05; 8:45 am] Billing code 3195–01–P

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Proclamation 7923 of September 4, 2005

Honoring the Memory of the Victims of Hurricane Katrina

By the President of the United States of America

A Proclamation As a mark of respect for the victims of Hurricane Katrina, I hereby order, by the authority vested in me by the Constitution and laws of the United States of America, that the flag of the United States shall be flown at half-staff at the White House and on all public buildings and grounds, at all military posts and naval stations, and on all naval vessels of the Federal Government in the District of Columbia and throughout the United States and its Territories and possessions until sunset, Tuesday, September 20, 2005. I also direct that the flag shall be flown at half-staff for the same period at all United States embassies, legations, consular offices, and other facilities abroad, including all military facilities and naval vessels and stations. IN WITNESS WHEREOF, I have hereunto set my hand this fourth day of September, in the year of our Lord two thousand five, and of the Independ- ence of the United States of America the two hundred and thirtieth. W

[FR Doc. 05–18038 Filed 9–8–05; 8:45 am] Billing code 3195–01–P

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Reader Aids Federal Register Vol. 70, No. 174 Friday, September 9, 2005

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING SEPTEMBER

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. 52905, 53562 Presidential Documents 3 CFR 95...... 52013 Executive orders and proclamations 741–6000 Proclamations: 97...... 52288 The United States Government Manual 741–6000 7921...... 52281 Proposed Rules: 7922...... 53719 Other Services 39 ...... 52040, 52041, 52043, 7923...... 53721 52046, 52943, 52945, 52947, 741–6020 Electronic and on-line services (voice) 53106, 53586 Privacy Act Compilation 741–6064 7 CFR 71 ...... 53594, 53595, 53597, Public Laws Update Service (numbers, dates, etc.) 741–6043 966...... 53537 53598 TTY for the deaf-and-hard-of-hearing 741–6086 1405...... 52283 382...... 53108 Proposed Rules: 15 CFR ELECTRONIC RESEARCH 1435...... 53103 995...... 52906 World Wide Web 8 CFR 16 CFR Full text of the daily Federal Register, CFR and other publications Proposed Rules: is located at: http://www.gpoaccess.gov/nara/index.html Ch. I ...... 52037 4...... 53296 Federal Register information and research tools, including Public 9 CFR 17 CFR Inspection List, indexes, and links to GPO Access are located at: 242...... 52014 http://www.archives.gov/federallregister/ 310...... 53043 318...... 53043 E-mail 18 CFR Proposed Rules: Proposed Rules: FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 94...... 52158, 53313 38...... 53117 an open e-mail service that provides subscribers with a digital 381...... 53582 form of the Federal Register Table of Contents. The digital form 153...... 52328 of the Federal Register Table of Contents includes HTML and 10 CFR 157...... 52328 375...... 52328 PDF links to the full text of each document. 50...... 52893 To join or leave, go to http://listserv.access.gpo.gov and select Proposed Rules: 19 CFR Online mailing list archives, FEDREGTOC-L, Join or leave the list 1...... 52942 7...... 53060 (or change settings); then follow the instructions. 2...... 52942 10...... 53060 PENS (Public Law Electronic Notification Service) is an e-mail 10...... 52942 11...... 53060 service that notifies subscribers of recently enacted laws. 19...... 52942 12...... 53060 20...... 52942 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 18...... 53060 21...... 52942 19...... 53060 and select Join or leave the list (or change settings); then follow 25...... 52942 the instructions. 24...... 53060 26...... 52942 54...... 53060 FEDREGTOC-L and PENS are mailing lists only. We cannot 50...... 52942 101...... 53060 respond to specific inquiries. 51...... 52942 102...... 53060 Reference questions. Send questions and comments about the 52...... 52942 111...... 53060 Federal Register system to: [email protected] 54...... 52942 114...... 53060 55...... 52942 123...... 53060 The Federal Register staff cannot interpret specific documents or 63...... 53313 regulations. 128...... 53060 72...... 52942 132...... 53060 73...... 52942 134...... 53060 FEDERAL REGISTER PAGES AND DATE, SEPTEMBER 75...... 52942 141...... 53060 95...... 52942 145...... 53060 51999–52282...... 1 140...... 52942 146...... 53060 52283–52892...... 2 170...... 52942 148...... 53060 52893–53042...... 6 151...... 53060 12 CFR 53043–53294...... 7 152...... 53060 53295–53536...... 8 225...... 53320 177...... 53060 53537–53722...... 9 Proposed Rules: 181...... 53060 XVII ...... 53105 191...... 53060 Proposed Rules: 14 CFR 101...... 52336 39 ...... 51999, 52001, 52004, 52005, 52009, 52285, 52899, 20 CFR 52902, 53051, 53053, 53056, Proposed Rules: 53058, 53295, 53540, 53543, 404...... 53323 53547, 53550, 53554, 53556, 416...... 52949, 53323 53558 61...... 53560 21 CFR 71 ...... 52012, 52288, 52903, 189...... 53063

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510...... 52291 30 CFR Proposed Rules: 97...... 53074 558...... 52291 938...... 52916 52 ...... 52956, 52960, 53329, Proposed Rules: 700...... 53063 53605 Proposed Rules: Ch. I ...... 53136 866...... 53069 62...... 53615 64...... 53137 57...... 53280 81...... 52960, 53605 Proposed Rules: 250...... 52953 73...... 53139 310...... 52050 136...... 52485 880...... 53326 32 CFR 42 CFR 48 CFR 22 CFR 706...... 52302 403...... 52019 225...... 52030 41...... 52292 Proposed Rules: 414...... 52930 310...... 53135 232...... 52031 Proposed Rules: 422...... 52023 237...... 52032 Ch. I ...... 52037 33 CFR Proposed Rules: 242...... 52034 405...... 52056 252 ...... 52030, 52031, 52032, 23 CFR 100...... 52303, 52305 410...... 52056 117 ...... 52307, 52917, 53070 53716 1327...... 52296 411...... 52056 1802...... 52940 165 ...... 52308, 53070, 53562 413...... 52056 1852...... 52941 24 CFR Proposed Rules: 414...... 52056 Proposed Rules: 100 ...... 52052, 52054, 52338 426...... 52056 291...... 53480 117 ...... 52340, 52343, 53328, 49 CFR 53604 43 CFR 571...... 53079, 53569 26 CFR 3100...... 53072 38 CFR 578...... 53308 1...... 52299 3834...... 52028 585...... 53101 Proposed Rules: 14...... 52015 44 CFR 588...... 53569 1 ...... 52051, 52952, 53599 41...... 52248 53...... 53599 49...... 52248 64...... 52935 65...... 52936, 52938 50 CFR 27 CFR 39 CFR 67...... 52939 17...... 52310, 52319 265...... 52016 9...... 53297, 53300 Proposed Rules: 226...... 52488, 52630 Proposed Rules: 67 ...... 52961, 52962, 52976 40 CFR 300...... 52324 4...... 53328 648...... 53311, 53580 24...... 53328 52 ...... 52919, 52926, 53275, 46 CFR 660...... 52035 27...... 53328 53304, 53564 Proposed Rules: 62...... 53567 531...... 52345, 53330 679 ...... 52325, 52326, 53101, 28 CFR 81...... 52926 53312 Proposed Rules: 124...... 53420 47 CFR Proposed Rules: 16...... 53133 260...... 53420 2...... 53074 17 ...... 52059, 53139, 53141 261...... 53420 25...... 53074 622...... 53142 29 CFR 267...... 53420 73...... 53074, 53078 635...... 53146 Proposed Rules: 270...... 53420 76...... 53076 679...... 52060 1404...... 53134 300...... 52018 90...... 53074 697...... 52346

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REMINDERS COMMERCE DEPARTMENT EDUCATION DEPARTMENT The items in this list were RULES GOING INTO National Oceanic and Grants and cooperative editorially compiled as an aid EFFECT SEPTEMBER 10, Atmospheric Administration agreements; availability, etc.: to Federal Register users. 2005 Fishery conservation and Vocational and adult Inclusion or exclusion from management: education— this list has no legal West Coast States and AGRICULTURE Smaller Learning significance. Western Pacific DEPARTMENT Communities Program; fisheries— Open for comments Agricultural Marketing Coastal pelagic species; until further notice; Service RULES GOING INTO comments due by 9-13- published 2-25-05 [FR EFFECT SEPTEMBER 9, Tomatoes grown in— 05; published 8-29-05 E5-00767] 2005 Florida; published 9-9-05 [FR 05-17142] Special education and HOMELAND SECURITY Salmon; comments due rehabilitative services: COMMERCE DEPARTMENT DEPARTMENT by 9-16-05; published Individuals with Disabilities 9-1-05 [FR 05-17453] Education Act (IDEA)— National Oceanic and Coast Guard Atmospheric Administration Ports and waterways safety; Sea turtles; mitigation National instruction regulated navigation areas, measures; comments materials accessibility Fishery conservation and due by 9-14-05; standard; establishment; management: safety zones, security zones, etc.: published 8-15-05 [FR comments due by 9-12- Northeastern United States 05-16117] Hudson River, NY; 05; published 6-29-05 fisheries— published 9-9-05 International fisheries [FR 05-12853] Emergency closure due to regulations: ENERGY DEPARTMENT presence of toxin Pacific tuna— Meetings: causing paralytic COMMENTS DUE NEXT Eastern tropical Pacific Environmental Management shellfish poisoning; WEEK Ocean; purse seine and Site-Specific Advisory published 9-9-05 longline fisheries Board— AGENCY FOR ENVIRONMENTAL restrictions; comments Oak Ridge Reservation, INTERNATIONAL PROTECTION AGENCY due by 9-14-05; TN; Open for comments DEVELOPMENT Air quality implementation published 8-15-05 [FR until further notice; plans; approval and Assistance awards to U.S. 05-16115] published 11-19-04 [FR promulgation; various non-Governmental COURT SERVICES AND 04-25693] States: organizations; marking OFFENDER SUPERVISION requirements; Open for ENERGY DEPARTMENT American Samoa; published AGENCY FOR THE comments until further DISTRICT OF COLUMBIA Energy Efficiency and 9-9-05 Renewable Energy Office notice; published 8-26-05 Semi-annual agenda; Open for FEDERAL [FR 05-16698] comments until further Commercial and industrial COMMUNICATIONS AGRICULTURE notice; published 12-22-03 equipment; energy efficiency COMMISSION DEPARTMENT [FR 03-25121] program: Frequency allocations and Agricultural Marketing DEFENSE DEPARTMENT Test procedures and radio treaty matters: efficiency standards— Service Acquisition regulations: World Radiocommunication Commercial packaged Cotton classing, testing and Pilot Mentor-Protege Conference-2003; boilers; Open for standards: Program; Open for concerning frequency comments until further Classification services to comments until further bands between 5900 kHz notice; published 10-21- growers; 2004 user fees; notice; published 12-15-04 and 27.5 GHz; published 04 [FR 04-17730] Open for comments until [FR 04-27351] 8-10-05 ENERGY DEPARTMENT further notice; published Federal Acquisition Regulation World Radiocommunications 5-28-04 [FR 04-12138] (FAR): Federal Energy Regulatory Conference-2003; Irish potatoes grown in— Commission concerning frequency Contract termination; Colorado; comments due by supplement; comments Electric rate and corporate bands between 5900 kHz regulation filings: and 27.5 GHz 9-12-05; published 8-22- due by 9-12-05; published 05 [FR 05-16570] 7-12-05 [FR 05-13306] Virginia Electric & Power Correction; published 9-7- Export-controlled acquisition Co. et al.; Open for 05 AGRICULTURE DEPARTMENT regulation supplement; comments until further HOMELAND SECURITY comments due by 9-12- notice; published 10-1-03 DEPARTMENT Natural Resources [FR 03-24818] Conservation Service 05; published 7-12-05 [FR Coast Guard 05-13305] Natural gas companies Reports and guidance (Natural Gas Act): Ports and waterways safety; documents; availability, etc.: Fast payment procedures; regulated navigation areas, comments due by 9-12- Energy Policy Act of 2005; National Handbook of safety zones, security 05; published 7-13-05 [FR implementation— Conservation Practices; zones, etc.: 05-13617] Open for comments until Liquefied natural gas Patapsco River, Northwest further notice; published Labor laws; comments due terminals and other and Inner Harbors, 5-9-05 [FR 05-09150] by 9-12-05; published 7- natural gas facilities; Baltimore, MD; published 12-05 [FR 05-13307] pre-filing procedures; COMMERCE DEPARTMENT 8-24-05 Material Inspection and comments due by 9-14- International Trade 05; published 9-2-05 TREASURY DEPARTMENT Recovery Report; Administration comments due by 9-12- [FR 05-17480] Comptroller of the Currency Antidumping and 05; published 7-12-05 [FR Oil pipelines: National banks: countervailing duties: 05-13304] Producer Price Index for Securities; electronic filing Sunset review procedures; Freedom of Information Act; Finished Goods; annual and disclosure of comments due by 9-14- implementation; comments change; comments due by beneficial ownership 05; published 8-15-05 [FR due by 9-12-05; published 9-13-05; published 7-15- reports; published 8-10-05 05-16133] 7-13-05 [FR 05-13742] 05 [FR 05-13909]

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ENVIRONMENTAL Superfund program: 05; published 7-13-05 [FR Recovery plans— PROTECTION AGENCY Toxic chemical release 05-13617] Paiute cutthroat trout; Air pollutants, hazardous; reporting; community right- HEALTH AND HUMAN Open for comments national emission standards: to-know— SERVICES DEPARTMENT until further notice; General provisions; Diisononyl phthalate Centers for Medicare & published 9-10-04 [FR comments due by 9-12- category; comments Medicaid Services 04-20517] 05; published 7-29-05 [FR Endangered and threatened due by 9-12-05; Medicare: 05-13497] published 6-14-05 [FR species: Hospital outpatient Plywood and composite 05-11664] Critical habitat prospective payment wood products; comments designations— Water pollution control: system and 2006 FY due by 9-12-05; published Spreading navarretia; National Pollutant Discharge rates; comments due by 7-29-05 [FR 05-14532] comments due by 9-14- Elimination System— 9-16-05; published 7-25- Reconsideration; public 05; published 8-31-05 Concentrated animal 05 [FR 05-14448] hearing; comments due [FR 05-17452] feeding operations in by 9-12-05; published HEALTH AND HUMAN Western snowy plover; New Mexico and 7-29-05 [FR 05-14533] SERVICES DEPARTMENT comments due by 9-15- Oklahoma; general Food and Drug 05; published 8-16-05 Air programs: permit for discharges; Ambient air quality Administration [FR 05-16149] Open for comments Findings on petitions, etc.— standards, national— until further notice; Reports and guidance Fine particulate matter; documents; availability, etc.: Headwater and roundtail published 12-7-04 [FR chub; Lower Colorado regional haze standards 04-26817] Evaluating safety of for Class I Federal River basin population; Texas; general permit for antimicrobial new animal areas, large national comments due by 9-12- territorial seas; Open for drugs with regard to their parks and wilderness 05; published 7-12-05 comments until further microbiological effects on areas; comments due [FR 05-13315] notice; published 9-6-05 bacteria of human health by 9-17-05; published LABOR DEPARTMENT [FR 05-17614] concern; Open for 8-1-05 [FR 05-14930] comments until further Mine Safety and Health Water pollution; effluent Air programs; approval and notice; published 10-27-03 Administration guidelines for point source promulgation; State plans [FR 03-27113] Metal and nonmetal mine categories: for designated facilities and Medical devices— safety and health: Meat and poultry products Underground mines— pollutants: Dental noble metal alloys Maryland; comments due by processing facilities; Open Diesel particulate matter for comments until further and base metal alloys; 9-12-05; published 8-11- Class II special exposure of miners; 05 [FR 05-15920] notice; published 9-8-04 comments due by 9-14- [FR 04-12017] controls; Open for Air quality implementation comments until further 05; published 9-7-05 plans; approval and FEDERAL notice; published 8-23- [FR 05-17802] promulgation; various COMMUNICATIONS 04 [FR 04-19179] NATIONAL AERONAUTICS States: COMMISSION AND SPACE HOMELAND SECURITY Committees; establishment, ADMINISTRATION California; comments due by DEPARTMENT 9-12-05; published 8-11- renewal, termination, etc.: Federal Acquisition Regulation Coast Guard 05 [FR 05-15831] Technological Advisory (FAR): Iowa; comments due by 9- Council; Open for Anchorage regulations: Fast payment procedures; 15-05; published 8-16-05 comments until further Maryland; Open for comments due by 9-12- [FR 05-16223] notice; published 3-18-05 comments until further 05; published 7-13-05 [FR Maryland; comments due by [FR 05-05403] notice; published 1-14-04 05-13617] 9-14-05; published 8-15- Common carrier services: [FR 04-00749] NUCLEAR REGULATORY 05 [FR 05-16111] Interconnection— Ports and waterways safety; COMMISSION regulated navigation areas, Environmental statements; Environmental statements; Incumbent local exchange safety zones, security availability, etc.: availability, etc.: carriers unbounding zones, etc.: Coastal nonpoint pollution obligations; local Fort Wayne State control program— competition provisions; Tampa Bay, FL; comments Developmental Center; Minnesota and Texas; wireline services due by 9-12-05; published Open for comments until Open for comments offering advanced 7-12-05 [FR 05-13665] further notice; published until further notice; telecommunications Regattas and marine parades: 5-10-04 [FR 04-10516] published 10-16-03 [FR capability; Open for John H. Kerr Reservoir, VA; POSTAL SERVICE 03-26087] comments until further comments due by 9-16- Domestic Mail Manual: Hazardous waste program notice; published 12-29- 05; published 9-1-05 [FR Periodicals mail prepared in authorizations: 04 [FR 04-28531] 05-17428] sacks; new standards; comments due by 9-14- Ohio; comments due by 9- FEDERAL DEPOSIT HOUSING AND URBAN 05; published 8-15-05 [FR 12-05; published 8-11-05 INSURANCE CORPORATION DEVELOPMENT [FR 05-15922] 05-16200] Federal Deposit Insurance Act; DEPARTMENT Pesticides; tolerances in food, SMALL BUSINESS implementation: Grants and cooperative animal feeds, and raw ADMINISTRATION agreements; availability, etc.: agricultural commodities: Annual independent audits Disaster loan areas: and reporting Homeless assistance; Imidacloprid; comments due Maine; Open for comments requirements; comments excess and surplus by 9-12-05; published 7- until further notice; due by 9-16-05; published Federal properties; Open 13-05 [FR 05-13370] published 2-17-04 [FR 04- 8-2-05 [FR 05-15109] for comments until further Potassium triiodide; 03374] notice; published 8-5-05 comments due by 9-12- GENERAL SERVICES OFFICE OF UNITED STATES [FR 05-15251] 05; published 7-13-05 [FR ADMINISTRATION TRADE REPRESENTATIVE 05-13701] Federal Acquisition Regulation INTERIOR DEPARTMENT Trade Representative, Office Spirodiclofen; comments due (FAR): Fish and Wildlife Service of United States by 9-12-05; published 7- Fast payment procedures; Endangered and threatened Generalized System of 13-05 [FR 05-13774] comments due by 9-12- species permit applications Preferences:

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2003 Annual Product Class B airspace; comments may be used in conjunction Reporting Act of 2005 (Aug. Review, 2002 Annual due by 9-12-05; published with ‘‘PLUS’’ (Public Laws 11, 2005; 119 Stat. 1979) Country Practices Review, 7-29-05 [FR 05-14976] Update Service) on 202–741– H.R. 3645/P.L. 109–61 and previously deferred TRANSPORTATION 6043. This list is also product decisions; DEPARTMENT available online at http:// Emergency Supplemental petitions disposition; Open www.archives.gov/federal- National Highway Traffic Appropriations Act to Meet for comments until further register/laws. Safety Administration Immediate Needs Arising notice; published 7-6-04 From the Consequences of Anthropomorphic test devices: The text of laws is not [FR 04-15361] published in the Federal Hurricane Katrina, 2005 (Sept. Occupant crash protection— TRANSPORTATION Register but may be ordered 2, 2005; 119 Stat. 1988) Hybrid III 10-year-old child DEPARTMENT in ‘‘slip law’’ (individual Last List August 4, 2005 test dummy; comments pamphlet) form from the Federal Aviation due by 9-12-05; Superintendent of Documents, Administration published 7-13-05 [FR U.S. Government Printing Airworthiness directives: 05-13659] Office, Washington, DC 20402 Public Laws Electronic ; comments due by 9- TRANSPORTATION (phone, 202–512–1808). The Notification Service 15-05; published 8-16-05 DEPARTMENT text will also be made available on the Internet from (PENS) [FR 05-16178] Pipeline and Hazardous GPO Access at http:// Materials Safety Boeing; comments due by www.gpoaccess.gov/plaws/ 9-12-05; published 7-27- Administration index.html. Some laws may PENS is a free electronic mail 05 [FR 05-14790] Pipeline safety: not yet be available. notification service of newly Empresa Brasileira de Safety regulation; periodic enacted public laws. To Aeronautica S.A. updates; comments due H.R. 6/P.L. 109–58 subscribe, go to http:// (EMBRAER); comments by 9-16-05; published 7- Energy Policy Act of 2005 listserv.gsa.gov/archives/ due by 9-12-05; published 18-05 [FR 05-14003] (Aug. 8, 2005; 119 Stat. 594) publaws-l.html 8-17-05 [FR 05-16262] H.R. 3/P.L. 109–59 Safe, Accountable, Flexible, Airworthiness standards: Note: This service is strictly LIST OF PUBLIC LAWS Efficient Transportation Equity for E-mail notification of new Special conditions— Act: A Legacy for Users (Aug. laws. The text of laws is not Boeing Model 747-400 This is a continuing list of 10, 2005; 119 Stat. 1144) available through this service. airplane; comments due public bills from the current H.R. 1132/P.L. 109–60 PENS cannot respond to by 9-12-05; published session of Congress which National All Schedules specific inquiries sent to this 8-11-05 [FR 05-15856] have become Federal laws. It Prescription Electronic address.

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