7–6–06 Thursday Vol. 71 No. 129 July 6, 2006

Pages 38259–38510

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The FEDERAL REGISTER (ISSN 0097–6326) is published daily, SUBSCRIPTIONS AND COPIES Monday through Friday, except official holidays, by the Office PUBLIC of the Federal Register, National Archives and Records Administration, Washington, DC 20408, under the Federal Register Subscriptions: Act (44 U.S.C. Ch. 15) and the regulations of the Administrative Paper or fiche 202–512–1800 Committee of the Federal Register (1 CFR Ch. I). The Assistance with public subscriptions 202–512–1806 Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402 is the exclusive distributor of the official General online information 202–512–1530; 1–888–293–6498 edition. Periodicals postage is paid at Washington, DC. Single copies/back copies: The FEDERAL REGISTER provides a uniform system for making Paper or fiche 202–512–1800 available to the public regulations and legal notices issued by Assistance with public single copies 1–866–512–1800 Federal agencies. These include Presidential proclamations and (Toll-Free) Executive Orders, Federal agency documents having general FEDERAL AGENCIES applicability and legal effect, documents required to be published Subscriptions: by act of Congress, and other Federal agency documents of public interest. Paper or fiche 202–741–6005 Documents are on file for public inspection in the Office of the Assistance with Federal agency subscriptions 202–741–6005 Federal Register the day before they are published, unless the issuing agency requests earlier filing. For a list of documents currently on file for public inspection, see www.archives.gov. The seal of the National Archives and Records Administration authenticates the Federal Register as the official serial publication established under the Federal Register Act. Under 44 U.S.C. 1507, the contents of the Federal Register shall be judicially noticed. The Federal Register is published in paper and on 24x microfiche. It is also available online at no charge as one of the databases on GPO Access, a service of the U.S. Government Printing Office. The online edition of the Federal Register www.gpoaccess.gov/ nara, available through GPO Access, is issued under the authority of the Administrative Committee of the Federal Register as the official legal equivalent of the paper and microfiche editions (44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6 a.m. each day the Federal Register is published and includes both text and graphics from Volume 59, Number 1 (January 2, 1994) forward. For more information about GPO Access, contact the GPO Access User Support Team, call toll free 1-888-293-6498; DC area 202- 512-1530; fax at 202-512-1262; or via e-mail at [email protected]. The Support Team is available between 7:00 a.m. and 9:00 p.m. Eastern Time, Monday–Friday, except official holidays. The annual subscription price for the Federal Register paper edition is $749 plus postage, or $808, plus postage, for a combined Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal Register including the Federal Register Index and LSA is $165, plus postage. Six month subscriptions are available for one-half the annual rate. The prevailing postal rates will be applied to orders according to the delivery method requested. The price of a single copy of the daily Federal Register, including postage, is based on the number of pages: $11 for an issue containing less than 200 pages; $22 for an issue containing 200 to 400 pages; and $33 for an issue containing more than 400 pages. Single issues of the microfiche edition may be purchased for $3 per copy, including postage. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard, American Express, or Discover. Mail to: New Orders, Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954; or call toll free 1-866- 512-1800, DC area 202-512-1800; or go to the U.S. Government Online Bookstore site, see bookstore.gpo.gov. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 71 FR 12345. Postmaster: Send address changes to the Superintendent of Documents, Federal Register, U.S. Government Printing Office, Washington DC 20402, along with the entire mailing label from the last issue received.

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Contents Federal Register Vol. 71, No. 129

Thursday, July 6, 2006

Agency for Healthcare Research and Quality NOTICES NOTICES Agency information collection activities; proposals, Meetings: submissions, and approvals, 38360–38361 Citizens’ Health Care Working Group; correction, 38450 Privacy Act; system of records, 38361–38362

Agriculture Department Comptroller of the Currency See Animal and Plant Health Inspection Service NOTICES See Food Safety and Inspection Service Federal Deposit Insurance Reform Act: See Grain Inspection, Packers and Stockyards Consolidated Reports on Condition and Income, 38401– Administration 38402 See Rural Housing Service NOTICES Defense Department Agency information collection activities; proposals, submissions, and approvals, 38356 NOTICES Meetings: Science Board task forces, 38389–38390 Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency information collection activities; proposals, Employment and Training Administration submissions, and approvals, 38423 NOTICES Adjustment assistance; applications, determinations, etc.: Animal and Plant Health Inspection Service Columbian Chemicals Co., 38424 RULES Eaton Corp., 38424 Exportation and importation of animals and animal Henry Pratt Co., 38424 products: Insight Direct USA, 38424 Exotic Newcastle disease; disease status change— Siemens VDO, 38425 Denmark, 38259–38261 Stimson Lumber Co., 38425 PROPOSED RULES Thomson, Inc., 38425 Plant-related quarantine, foreign Waterbury Rolling Mills Olin Corp., et al., 38425–38426 Shelled garden peas from Kenya, 38302–38304 Agency information collection activities; proposals, submissions, and approvals, 38426–38427 Architectural and Transportation Barriers Compliance Board Energy Department See Federal Energy Regulatory Commission PROPOSED RULES NOTICES Telecommunications Act accessibility guidelines and Agency information collection activities; proposals, electronic and information technology accessibility submissions, and approvals, 38390–38391 standards: Environmental statements; availability, etc.: Telecommunications and Electronic and Information Yucca Mountain Project, NV; infrastructure Technology Advisory Committee; establishment; improvements, 38391 meeting, 38324–38325 Environmental Protection Agency Centers for Disease Control and Prevention RULES NOTICES Air pollution; standards of performance for new stationary Meetings: sources: Disease, Disability, and Injury Prevention and Control Stationary combustion turbines; emissions control Special Emphasis Panels, 38405 standards, 38482–38506 PROPOSED RULES Centers for Medicare & Medicaid Services Air programs: RULES Stratospheric ozone protection— Medicare: Methyl bromide phaseout; critical use exemption, Graduate medical education affiliation provisions for 38325–38346 teaching hospitals in emergency situations, 38264– 38266 Executive Office of the President Commerce Department See Presidential Documents See Foreign-Trade Zones Board See Industry and Security Bureau Federal Aviation Administration See International Trade Administration PROPOSED RULES See National Institute of Standards and Technology Airworthiness directives: See National Oceanic and Atmospheric Administration Boeing, 38304–38311 See Patent and Trademark Office Saab, 38311–38313

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Federal Communications Commission Federal Transit Administration RULES NOTICES Common carrier services: Meetings: Individuals with hearing and speech disabilities; Statewide and metropolitan planning requirements, telecommunications relay services and speech-to- 38446–38447 speech services, 38268–38270 Universal Service Fund; oversight responsibilities Food and Drug Administration reassigned, 38266–38267 RULES PROPOSED RULES Animal drugs, feeds, and related products: Television broadcasting: Gentamicin sulfate, betamethasone valerate, clotrimazole Digital broadcast television signals; measurement ointment, 38261 procedures for determining strength, 38346–38352 NOTICES Food Safety and Inspection Service Agency information collection activities; proposals, NOTICES submissions, and approvals, 38395–38399 Agency information collection activities; proposals, submissions, and approvals, 38356–38357 Federal Deposit Insurance Corporation NOTICES Foreign-Trade Zones Board Federal Deposit Insurance Reform Act: NOTICES Consolidated Reports on Condition and Income, 38401– Applications, hearings, determinations, etc.: 38402 Michigan Perrigo Co.; pharmaceutical products manufacturing Federal Emergency Management Agency facilities, 38362 NOTICES Privacy Act; systems of records, 38408–38411 General Services Administration NOTICES Federal Energy Regulatory Commission Freight Management Program: NOTICES Transportation services provided for Global Supply Electric rate and corporate regulation combined filings, Office; transaction fee, 38402–38403 38392–38395 Meetings: Grain Inspection, Packers and Stockyards Administration RTO Border Utility Issues, 38395 NOTICES Applications, hearings, determinations, etc.: Grade standards: Central Maine Power Co., 38391 Feed peas, 38357–38358 Garkane Energy Cooperative, Inc., 38391–38392 Minnesota Energy Resources Corp., 38392 Health and Human Services Department See Agency for Healthcare Research and Quality Federal Highway Administration See Centers for Disease Control and Prevention NOTICES See Centers for Medicare & Medicaid Services Meetings: See Food and Drug Administration Statewide and metropolitan planning requirements, See National Institutes of Health 38446–38447 NOTICES Organization, functions, and authority delegations: Federal Maritime Commission Office of Public Health Emergency Preparedness et al., NOTICES 38403–38405 Agreements filed, etc., 38399 Ocean transportation intermediary licenses: Homeland Security Department American World Alliance, Inc., et al., 38399 See Federal Emergency Management Agency Horizon Lines of Guam, LLC et al., 38399–38400 NOTICES Meetings: Federal Motor Carrier Safety Administration National Fire Academy Board of Visitors, 38408 NOTICES Meetings; Sunshine Act, 38447 Housing and Urban Development Department NOTICES Federal Reserve System Agency information collection activities; proposals, NOTICES submissions, and approvals, 38411–38413 Banks and bank holding companies: Formations, acquisitions, and mergers, 38400 Industry and Security Bureau Permissible nonbanking activities, 38400 PROPOSED RULES Federal Deposit Insurance Reform Act: Export administration regulations: Consolidated Reports on Condition and Income, 38401– Antiboycott penalty guidelines 38402 Correction, 38321 China; export and reexport controls revisions and Federal Trade Commission clarification; new authorization validated end-user, PROPOSED RULES 38313–38321 Energy Policy and Conservation Act: NOTICES Recycled oil; test procedures and labeling standards, Export privileges, actions affecting: 38321–38322 Chu, Nei-Chien, 38363–38364

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Li, Terry Tengfang, 38362–38363 National Center for Research Resources, 38406 Universal Technology, Inc., 38365–38366 National Human Genome Research Institute, 38406 National Institute of Child Health and Human Interior Department Development, 38407–38408 See National Park Service National Institute of General Medical Sciences, 38407 National Institute on Drug Abuse, 38406–38407 Internal Revenue Service RULES National Oceanic and Atmospheric Administration Income taxes: RULES Computer software Endangered and threatened species: Correction, 38262 Critical habitat designations— Corporate distributions and adjustments; CFR correction, Northern right whale; Pacific Ocean, 38277–38297 38261–38262 Elkhorn coral and staghorn coral Procedure and administration: Correction, 38270–38277 Economic Analysis Bureau; return information Fishery conservation and management: disclosure, 38262–38264 Alaska; fisheries of Exclusive Economic Zone— PROPOSED RULES Bering Sea and Aleutian Islands king and tanner crabs, Income taxes: 38298–38301 Household and dependent care services necessary for International fisheries regulations: gainful employment; expenses Pacific halibut— Correction, 38322–38323 Guided recreational fishery; guideline harvest levels; Procedure and administration: correction, 38298 Economic Analysis Bureau; return information Pacific tuna— disclosure, 38323–38324 Purse seine and longline fisheries; restrictions and closure, 38297 International Trade Administration PROPOSED RULES NOTICES Fishery conservation and management: Antidumping: Northeastern United States fisheries— Cased pencils from— Atlantic sea scallop, 38352–38355 NOTICES China, 38366–38368 Agency information collection activities; proposals, Frozen warmwater shrimp from— submissions, and approvals, 38383–38385 China, 38368–38372 Endangered and threatened species: Stainless steel bar from— Recovery plans— Various countries, 38372–38373 Fin whale, 38385 Wooden bedroom furniture from— Sperm whale, 38385–38386 China, 38373–38382 Scientific research permit applications, determinations, etc., Countervailing duties: 38386–38387 Pure magnesium and alloy magnesium from— Canada, 38382 National Park Service NOTICES International Trade Commission National Register of Historic Places; pending nominations, NOTICES 38413 Import investigations: Native American human remains, funerary objects; Portable digital media players and components, 38421 inventory, repatriation, etc.: Wireless communication equipment, articles, and Agriculture Department, Forest Service, Gila National products, 38422 Forest, NM; correction, 38413–38415 American Museum of Natural History, New York, NY, Justice Department 38415–38417 See Alcohol, Tobacco, Firearms, and Explosives Bureau Army Corps of Engineers-Memphis District, TN; Fish and NOTICES Wildlife Service-Southeast Region, GA; and Arkansas Pollution control; consent judgments: Archeological Survey, Fayetteville, AR, 38417–38418 Koch Petroleum Group, L.P., 38422–38423 Field Museum of Natural History, Chicago, IL, 38418 Horner Collection; Oregon State University, Corvallis, Labor Department OR, 38418–38419 See Employment and Training Administration Institute for American Indian Studies, Washington, CT, See Occupational Safety and Health Administration 38419–38420 University of Nebraska State Museum, University of National Institute of Standards and Technology Nebraska-Lincoln, NE, 38420–38421 NOTICES Meetings: National Science Foundation Malcolm Baldrige National Quality Award Judges Panel, NOTICES 38382–38383 Agency information collection activities; proposals, submissions, and approvals, 38428–38429 National Institutes of Health NOTICES Nuclear Regulatory Commission Meetings: NOTICES National Center for Complementary and Alternative Agency information collection activities; proposals, Medicine, 38405–38406 submissions, and approvals, 38429–38430

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Applications, hearings, determinations, etc.: Transportation Department Nuclear Management Co., LLC, 38430 See Federal Aviation Administration Southern California Edison Co., et al., 38430–38432 See Federal Highway Administration See Federal Motor Carrier Safety Administration Occupational Safety and Health Administration See Federal Transit Administration NOTICES See Surface Transportation Board Reports and guidance documents; availability, etc.: Whistleblower investigators, supervisory investigators, program managers, and team leaders; reclassification Treasury Department of positions, 38427–38428 See Comptroller of the Currency See Internal Revenue Service Patent and Trademark Office See United States Mint NOTICES NOTICES Privacy Act; system of records, 38387–38388 Agency information collection activities; proposals, Small business size standards: submissions, and approvals, 38448 Small business concern; definition; comment request, 38388–38389 United States Mint Presidential Documents NOTICES PROCLAMATIONS Meetings: Guatemala; free trade agreement (Proc. 8034), 38507–38510 Citizens Coinage Advisory Committee, 38448–38449 Rural Housing Service Veterans Affairs Department NOTICES Grants and cooperative agreements; availability, etc.: NOTICES Rural Housing Demonstration Program, 38358–38360 Meetings: Professional Certification and Licensure Advisory Securities and Exchange Commission Committee, 38449 NOTICES Veterans’ Disability Benefits Commission, 38449 Agency information collection activities; proposals, submissions, and approvals, 38432 Securities Exchange Act: Intermarket Trading System; exchange-traded funds Separate Parts In This Issue transactions; de minimis exemption, 38433–38434 Self-regulatory organizations; proposed rule changes: Part II Boston Stock Exchange, Inc., 38434–38435 Securities and Exchange Commission, 38452–38480 Chicago Board Options Exchange, Inc., 38435–38439 National Association of Securities Dealers, Inc., 38439– 38441 Part III National Stock Exchange, 38452–38480 Environmental Protection Agency, 38482–38506 Philadelphia Stock Exchange, Inc., 38441–38442 State Department Part IV NOTICES Executive Office of the President, Presidential Documents, Intercountry Adoption Act of 2000: 38507–38510 Hague Convention— Colorado Department of Human Services; memorandum of agreement regarding accrediting Reader Aids entity duties performance, 38442–38446 Meetings: Consult the Reader Aids section at the end of this issue for International Economic Policy Advisory Committee, phone numbers, online resources, finding aids, reminders, 38446 and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents Surface Transportation Board LISTSERV electronic mailing list, go to http:// NOTICES listserv.access.gpo.gov and select Online mailing list Railroad operation, acquisition, construction, etc.: archives, FEDREGTOC-L, Join or leave the list (or change Norfolk Southern Railway Co., 38447–38448 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: 8034...... 38509 7 CFR Proposed Rules: 319...... 38302 9 CFR 94...... 38259 14 CFR Proposed Rules: 39 (2 documents) ...... 38304, 38311 15 CFR Proposed Rules: 740...... 38313 742...... 38313 744...... 38313 748...... 38313 764...... 38321 766...... 38321 16 CFR Proposed Rules: 311...... 38321 21 CFR 524...... 38261 26 CFR 1 (2 documents) ...... 38261, 38262 301...... 38262 Proposed Rules: 1 (2 documents) ...... 38322, 38323 301...... 38323 602...... 38323 36 CFR Proposed Rules: 1193...... 38324 1194...... 38324 40 CFR 60...... 38482 Proposed Rules: 82...... 38325 42 CFR 413...... 38264 47 CFR 54...... 38266 64...... 38268 Proposed Rules: 73...... 38346 50 CFR 223...... 38270 226...... 38277 300 (2 documents) ...... 38297, 38298 680...... 38298 Proposed Rules: 648...... 38352

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Rules and Regulations Federal Register Vol. 71, No. 129

Thursday, July 6, 2006

This section of the FEDERAL REGISTER other things, the importation of ending July 5, 2005. We received two contains regulatory documents having general carcasses, parts or products of carcasses, comments in that time; one from the applicability and legal effect, most of which and eggs (other than hatching eggs) of European Commission (EC) and the are keyed to and codified in the Code of poultry, game birds, or other birds from other from a group of private Federal Regulations, which is published under regions where exotic Newcastle disease individuals. Both commenters raised 50 titles pursuant to 44 U.S.C. 1510. (END) is considered to exist. END is concerns regarding APHIS procedures The Code of Federal Regulations is sold by considered to exist in all regions not for recognizing the disease status of the Superintendent of Documents. Prices of listed in § 94.6(a)(2). other countries. These concerns are new books are listed in the first FEDERAL In an interim rule effective July 16, discussed below. REGISTER issue of each week. 2002, and published in the Federal Issue: Both the EC and the private Register on September 20, 2002 (67 FR citizens expressed concern about the 59136–59137, Docket No. 02–089–1), we procedures used by APHIS in first DEPARTMENT OF AGRICULTURE amended the regulations by removing removing and then reinstating Denmark Denmark from the list of regions from the list of END free regions. The Animal and Plant Health Inspection considered to be free of END. The private citizens expressed concern that Service interim rule was necessary because END there was a 2-month difference between had been confirmed in Denmark. The the detection of the outbreak and the 9 CFR Part 94 effect of the interim rule was to restrict publication of the interim rule in 2002. [Docket No. 02–089–3] the importation of carcasses, parts or The EC stated that the United States has products of carcasses, and eggs (other been unacceptably slow in returning Add Denmark to the List of Regions than hatching eggs) of poultry, game Denmark to the list of END free regions, Free of Exotic Newcastle Disease birds, and other birds into the United as the EC considered Denmark to be States from Denmark. END free as of March 1, 2003. AGENCY: Animal and Plant Health Although we removed Denmark from Furthermore, the EC stated that the Inspection Service, USDA. the list of regions considered free of present APHIS rulemaking process is ACTION: Final rule. END, we recognized that Denmark not in compliance with the OIE immediately responded to the outbreak Terrestrial Animal Health Code Article SUMMARY: We are amending the of END by imposing restrictions on the 2.7.13.2 or with agreements between the regulations to add Denmark to the list of movement of poultry and poultry United States and the EC regarding regions considered free of exotic products within its borders and regionalization of the European Union Newcastle disease. This final rule initiating measures to eradicate the (EU). follows an interim rule that removed disease. We stated that we intended to Response: We are required to adhere Denmark from that list due to an reassess the situation in the region at a to certain procedures in establishing or outbreak of exotic Newcastle disease in future date, and that as part of that amending regulations, including actions that region. A recent risk analysis reassessment process, we would regarding the animal health status of a indicated that Denmark now meets our consider all comments received region. Our policy in situations in requirements for recognition as a region regarding the interim rule. We received which a region experiences a disease free of exotic Newcastle disease. This no comments on the interim rule. outbreak is to issue an immediate rule relieves certain restrictions on the Additionally, we stated that our administrative ban on imports from an importation of carcasses, parts or future assessment would enable us to affected region and then follow with the products of carcasses, and eggs (other determine whether it would be rulemaking process required by the than hatching eggs) of poultry, game necessary to continue to restrict the Administrative Procedure Act; the birds, and other birds from Denmark importation of poultry and poultry interim rule may be given an effective into the United States. products from Denmark, whether we date earlier than the date of the rule’s DATES: Effective Date: July 6, 2006. could restore Denmark to the list of signature or publication to affirm our FOR FURTHER INFORMATION CONTACT: Dr. regions in which END is not known to authority for issuing previous Chip Wells, Senior Staff Veterinarian, exist, or whether we could restore administrative orders. In this case, a Regionalization Evaluation Services— portions of Denmark as free of END. port alert instructing APHIS port offices Import, National Center for Import and On May 5, 2005, we published in the to refuse any shipment of poultry or Export, VS, APHIS, 4700 River Road Federal Register (70 FR 23809–23810, poultry products from Denmark that did Unit 38, Riverdale, MD 20737–1231; Docket No. 02–089–2) a notice not meet the requirements for poultry or (301) 734–4356. announcing the availability of a risk poultry products from regions affected SUPPLEMENTARY INFORMATION: analysis we had prepared concerning with END was issued on July 31, 2002. the END status of Denmark and the This action applied retroactively to Background related disease risks associated with shipments received on or after July 16, The regulations in 9 CFR part 94 importing carcasses, parts or products of 2002, the day suspicion of the outbreak (referred to below as the regulations) carcasses, and eggs (other than hatching was initially reported. The interim rule govern the importation of specified eggs) of poultry, game birds, and other removing Denmark from the list of END- animals and animal products into the birds from Denmark into the United free regions was also made effective United States in order to prevent the States. retroactively to July 16, 2002. introduction of various animal diseases. We solicited public comments We received the request to return The regulations in § 94.6 govern, among concerning the evaluation for 60 days Denmark to the list of END-free regions

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in April 2004. Once the request was Rulemaking,’’ which describes the We are amending the regulations by received, we responded by initiating the process APHIS follows when adding Denmark to the list of regions risk analysis. Some aspects of the conducting foreign animal disease status considered free of END. We are taking information submitted required evaluation, regionalization, risk this action because Denmark has met clarification, and during the review analysis, and related rulemaking, is our requirements for recognition as a period (after receipt of the original available to the public through that Web region free of END. This action relieves submission) Denmark made a significant site by clicking on the document title at restrictions on the importation of change to its END control policy with the bottom of the page. carcasses, parts or products of carcasses, the implementation of a mandatory Issue: The private citizens stated that and eggs (other than hatching eggs) of vaccination policy. We considered it APHIS should have made a site visit to poultry, game birds, or other birds from necessary to acquire additional Denmark to evaluate the END status of Denmark which are no longer information to evaluate the effect of this the region. warranted. change. We exchanged correspondence Response: We disagree. As we Denmark produced 412 million on several occasions with the EC and explained in the risk analysis, prior to pounds (equivalent to about 1.2 percent received the requested information on the outbreaks in 2002, the United States of U.S. production) and exported 250 November 26, 2004. On May 5, 2005, we had a long history of trade of poultry million pounds (equivalent to about 0.7 published the notice of availability cited and poultry products with Denmark. percent of U.S. production) of poultry above and invited public review and Denmark, as a country and as a Member meat in 2005. The United States is the comment of the risk analysis cited above State of the EU, has previously been world’s largest producer and exporter of until July 5, 2005. While we were evaluated for END and other animal poultry meat. In 2005, U.S. poultry meat considering the public comments diseases. We have maintained contact production totaled 35.3 billion pounds, received, Denmark experienced a single with Danish veterinary authorities who of which 84.3 percent was broiler meat, new END outbreak, which was reported keep us advised of animal disease 12.4 percent was turkey meat, and 3.3 on October 21, 2005. We have conditions in their country. percent was other chicken meat. During considered the impact of this situation Furthermore, the EU system for animal the same period, the United States on the previously published risk disease control for classical swine fever exported 6 billion pounds of poultry analysis, and this final rule reflects that has been extensively evaluated by meat valued at $2.5 billion. consideration. APHIS and provides additional In theory, if poultry available for Issue: The group of private citizens confidence in the EU veterinary consumption in U.S. markets increases, stated that the focus on live poultry in infrastructure. The document referenced poultry prices would decrease, U.S. the risk analysis was misplaced, and the above, ‘‘Process for Foreign Animal consumers of poultry would benefit, focus should have been on the risk of Disease Status Evaluations, and U.S. producers would be harmed. introducing END through poultry Regionalization, Risk Analysis, and U.S. freight forwarding, trucking, and products. Rulemaking,’’ describes circumstances transport firms that transport poultry Response: As we explained in the when a site visit may not be deemed from U.S. ports could benefit from exposure assessment portion of the risk necessary for an evaluation. increased economic activity. However analysis, it was necessary for us to focus Accordingly, we concluded that a these impacts are expected to be on exposure pathways involving live document review was sufficient for the negligible because the amounts of poultry because historically END needs of the risk analysis. poultry products produced in Denmark introductions into the United States As noted previously, while we were are a small fraction of U.S. production. have been associated with the reviewing these comments and Denmark has a well established world- importation of live birds. Live birds preparing its response, Denmark wide market and is unlikely to divert its were, therefore, considered a higher risk experienced a new outbreak of END in exports from these markets to the more pathway than the importation of poultry a single flock. We monitored the distant U.S. market. products. Since the risk from live birds situation and evaluated the information The Small Business Administration was low, the risk from poultry products provided by Danish veterinary (SBA) has established guidelines for should also be low. authorities and have concluded that the determining which types of firms are to Issue: The group of private citizens outbreak was limited to a single flock, be considered small under the asked for clarification of the process which was depopulated, and that the Regulatory Flexibility Act. This rule APHIS uses in adding and removing outbreak has successfully been would mainly affect poultry farms countries on the list in § 94.6(a)(2) of the contained and eradicated. Denmark has (North American Industry Classification regulations. They also asked for more lifted all protective measures as of System [NAICS] code 112320). information on the procedures that December 4, 2005. We consider this According to the 2002 Census of APHIS uses to rank risk. isolated outbreak to be consistent with Agriculture, there are 83,381 poultry Response: The regulatory process we the conclusions stated in the previously farms that produce broilers and other use to recognize the animal health status released risk analysis. meat type chickens. These facilities are of a region or to reestablish a region’s Therefore, for the reasons given in considered to be small if their annual disease-free status after an outbreak is this document and based on our risk receipts are not more than $750,000. detailed in 9 CFR part 92. General analysis, we are amending § 94.6 in this Over 93 percent of these operations are information on determining animal final rule to add Denmark to the list of considered to be small. Any effects of disease status and risk assessment can regions considered free of END. the rule for U.S. producers will be be found online at the Veterinary negligible. Other entities that could Services Regionalization Evaluation Executive Order 12866 and Regulatory theoretically be affected include U.S. Services Staff Web site, http:// Flexibility Act trucking firms (NAICS code 4842302), www.aphis.usda.gov/vs/ncie/reg- This rule has been reviewed under U.S. freight forwarders (NAICS code request.html. The informational Executive Order 12866. For this action, 4885101), and deep sea freight transport document ‘‘Process for Foreign Animal the Office of Management and Budget companies (NAICS code 483111). The Disease Status Evaluations, has waived its review under Executive SBA classifies trucking firms as small if Regionalization, Risk Analysis, and Order 12866. their annual receipts are less than $21.5

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million; freight forwarding firms are Done in Washington, DC, this 29th day of data and information submitted to small if their annual receipts are less June 2006. support approval of this application than $6 million, and deep sea freight Kevin Shea, may be seen in the Division of Dockets transport firms are small if they have Acting Administrator, Animal and Plant Management (HFA–305), Food and Drug not more than 500 workers. According Health Inspection Service. Administration, 5630 Fishers Lane, rm. to the 2002 Economic Census, there [FR Doc. E6–10555 Filed 7–5–06; 8:45 am] 1061, Rockville, MD 20852, between 9 were 9,177 trucking firms, 5,840 freight BILLING CODE 3410–34–P a.m. and 4 p.m., Monday through forwarders, and 383 deep sea freight Friday. transport companies. Over 99 percent of The agency has determined under 21 trucking firms, 90 percent freight DEPARTMENT OF HEALTH AND CFR 25.33(a)(1) that this action is of a forwarders, and 70 percent of deep sea HUMAN SERVICES type that does not individually or freight transport firms are considered to cumulatively have a significant effect on be small. Although the majority of these Food and Drug Administration the human environment. Therefore, establishments are small entities, the neither an environmental assessment effect of this rule will be negligible. 21 CFR Part 524 nor an environmental impact statement Under these circumstances, the is required. Administrator of the Animal and Plant Ophthalmic and Topical Dosage Form This rule does not meet the definition Health Inspection Service has New Animal Drugs; Gentamicin of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because it is a rule of ‘‘particular applicability.’’ determined that this action will not Sulfate, Betamethasone Valerate, Therefore, it is not subject to the have a significant economic impact on Clotrimazole Ointment congressional review requirements in 5 a substantial number of small entities. AGENCY: Food and Drug Administration, U.S.C. 801–808. Executive Order 12988 HHS. List of Subjects in 21 CFR Part 524 ACTION: Final rule. This final rule has been reviewed Animal drugs. under Executive Order 12988, Civil SUMMARY: The Food and Drug I Therefore, under the Federal Food, Justice Reform. This rule: (1) Preempts Administration (FDA) is amending the Drug, and Cosmetic Act and under all State and local laws and regulations animal drug regulations to reflect authority delegated to the Commissioner that are inconsistent with this rule; (2) approval of an abbreviated new animal of Food and Drugs and redelegated to has no retroactive effect; and (3) does drug application (ANADA) filed by the Center for Veterinary Medicine, 21 not require administrative proceedings Altana Inc. The ANADA provides for CFR part 524 is amended as follows: before parties may file suit in court veterinary prescription use of challenging this rule. gentamicin sulfate, betamethasone PART 524—OPHTHALMIC AND Paperwork Reduction Act valerate, clotrimazole ointment for the TOPICAL DOSAGE FORM NEW treatment of canine otitis externa. ANIMAL DRUGS This rule contains no information DATES: This rule is effective July 6, I 1. The authority citation for 21 CFR collection or recordkeeping 2006. requirements under the Paperwork part 524 continues to read as follows: Reduction Act of 1995 (44 U.S.C. 3501 FOR FURTHER INFORMATION CONTACT: Authority: 21 U.S.C. 360b. Daniel A. Benz, Center for Veterinary et seq.). I 2. In § 524.1044g, add paragraph (b)(4) Medicine (HFV–104), Food and Drug to read as follows: List of Subjects in 9 CFR Part 94 Administration, 7500 Standish Pl., Animal diseases, Imports, Livestock, Rockville, MD 20855, 301–827–0223, e- § 524.1044g Gentamicin sulfate, Meat and meat products, Milk, Poultry mail: [email protected]. betamethasone valerate, clotrimazole and poultry products, Reporting and SUPPLEMENTARY INFORMATION: Altana ointment. recordkeeping requirements. Inc., 60 Baylis Rd., Melville, NY 11747, * * * * * (b) * * * I filed ANADA 200–283 that provides for Accordingly, we are amending 9 CFR (4) No. 025463 for use of 7.5- or 15- part 94 as follows: veterinary prescription use of VETRO– MAX (gentamicin sulfate, USP; g tubes, or 215-g bottles. PART 94—RINDERPEST, FOOT-AND- betamethasone valerate, USP; and * * * * * MOUTH DISEASE, FOWL PEST (FOWL clotrimazole, USP, ointment) for the Dated: June 22, 2006. PLAGUE), EXOTIC NEWCASTLE treatment of canine otitis externa Stephen F. Sundlof, DISEASE, AFRICAN SWINE FEVER, associated with yeast (Malassezia Director, Center for Veterinary Medicine. CLASSICAL SWINE FEVER, AND pachydermatis, formerly Pityrosporum [FR Doc. E6–10496 Filed 7–5–06; 8:45 am] canis) and/or bacteria susceptible to BOVINE SPONGIFORM BILLING CODE 4160–01–S ENCEPHALOPATHY: PROHIBITED gentamicin. Altana Inc.’s VETRO–MAX AND RESTRICTED IMPORTATIONS Otic Ointment is approved as a generic copy of Schering-Plough Animal Health DEPARTMENT OF THE TREASURY I 1. The authority citation for part 94 Corp.’s OTOMAX Ointment approved continues to read as follows: under NADA 140–896. The ANADA is Internal Revenue Service Authority: 7 U.S.C. 450, 7701–7772, 7781– approved as of June 1, 2006, and the 7786, and 8301–8317; 21 U.S.C. 136 and regulations are amended in 21 CFR 26 CFR Part 1 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 524.1044g to reflect the approval. The 371.4. basis of approval is discussed in the Corporate Distributions and freedom of information summary. § 94.6 [Amended] Adjustments In accordance with the freedom of I 2. In § 94.6, paragraph (a)(2) is information provisions of 21 CFR part CFR Correction amended by adding the word 20 and 21 CFR 514.11(e)(2)(ii), a In Title 26 of the Code of Federal ‘‘Denmark,’’ before the word ‘‘Fiji.’’ summary of safety and effectiveness Regulations, part 1 (§§ 1.301 to 1.400),

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revised as of April 1, 2006, on page 10, FOR FURTHER INFORMATION CONTACT: Paul well as from the sale to customers of P’s § 1.301–1 is corrected by adding Handleman or Lauren RossTaylor, (202) substantially identical tax preparation paragraph (g) to read as follows: 622–3040 (not a toll-free number). computer software that customers have downloaded from the Internet. Under SUPPLEMENTARY INFORMATION § 1.301–1 Rules applicable with respect to : paragraph (i)(6)(iii)(B) of this section, O’s distributions of money and other property. Background gross receipts derived from providing its tax * * * * * preparation computer software to customers The correction notice that is the over the Internet will be treated as derived (g) Reduction for liabilities—(1) subject of this document is under General rule. For the purpose of section from the lease, rental, license, sale, exchange, section 199 of the Internal Revenue or other disposition of computer software 301, no reduction shall be made for the Code. and are DPGR (assuming all the other amount of any liability, unless the requirements of § 1.199–3 are met). liability is assumed by the shareholder Need for Correction * * * * * within the meaning of section 357(d). As published, the correction notice (2) No reduction below zero. Any (TD 9262) contains errors that may § 1.199–8T [Corrected] reduction pursuant to paragraph (g)(1) prove to be misleading and are in need I Par. 3. Section 1.199–8T is amended of this section shall not cause the of clarification. amount of the distribution to be reduced by revising paragraph (i)(4) to read as below zero. List of Subjects in 26 CFR Part 1 follows: (3) Effective dates—(i) In general. This Income taxes, Reporting and § 1.199–8T Other rules (temporary). paragraph (g) applies to distributions recordkeeping requirements. (i) * * * occurring after January 4, 2001. (ii) Retroactive application. This Correction of Publication (4) Computer software. Section 1.199– paragraph (g) also applies to 3T(i)(6)(ii) through (v) are applicable for I Accordingly, 26 CFR part 1 is distributions made on or before January taxable years beginning on or after June corrected by making the following 4, 2001, if the distribution is made as 1, 2006. Taxpayers may apply these correcting amendments: part of a transaction described in, or temporary regulations to taxable years beginning after December 31, 2004, and substantially similar to, the transaction PART 1—INCOME TAXES in Notice 99-59 (1999-2 C.B. 761), before June 1, 2006. The applicability of including transactions designed to I Paragraph 1. The authority citation § 1.199–3T(i)(6)(ii) through (v) expires reduce gain (see § 601.601(d)(2) of this for part 1 continues to read in part as on or before May 22, 2009. chapter). For rules for distributions on follows: Guy R. Traynor, or before January 4, 2001 (other than Authority: 26 U.S.C. 7805 * * * Chief, Publications and Regulations Branch, distributions on or before that date to Legal Processing Division, Associate Chief which this paragraph (g) applies), see § 1.199–3T [Corrected] Counsel (Procedure and Administration). rules in effect on January 4, 2001 (see I Par. 2. Section 1.199–3T is amended [FR Doc. E6–10245 Filed 7–5–06; 8:45 am] § 1.301-1(g) as contained in 26 CFR part by revising paragraphs (i)(6)(iii) BILLING CODE 4830–01–P 1 revised April 1, 2001). introductory text and Example 5 to read [FR Doc. 06–55522 Filed 7–5–06; 8:45 am] as follows: DEPARTMENT OF THE TREASURY BILLING CODE 1505–01–D § 1.199–3T Domestic production gross receipts (temporary). Internal Revenue Service DEPARTMENT OF THE TREASURY * * * * * (i) * * * 26 CFR Part 301 Internal Revenue Service (6) * * * (iii) Exceptions. Notwithstanding [TD 9267] 26 CFR Part 1 paragraph (i)(6)(ii) of this section, if a taxpayer derives gross receipts from RIN 1545–BE02 [TD 9262] providing to customers computer Disclosure of Return Information to the RIN 1545–BF57 software MPGE in whole or in significant part by the taxpayer within Bureau of Economic Analysis Computer Software Under Section the United States for the customers’ AGENCY: Internal Revenue Service (IRS), 199(c)(5)(B); Correction direct use while connected to the Treasury. Internet (online software), then such AGENCY: Internal Revenue Service (IRS), ACTION: Temporary regulations. gross receipts will be treated as being Treasury. derived from the lease, rental, license, SUMMARY: This document contains ACTION: Correcting amendments. sale, exchange, or other disposition of temporary regulations regarding SUMMARY: This document contains a computer software only if— additional items of return information correction to temporary regulations (TD * * * * * disclosable to the Bureau of Economic 9262) that were published in the Example 5. The facts are the same as in Analysis (Bureau) of the Department of Federal Register on Thursday, June 1, Example 4, except that O does not sell the Commerce. The text of these temporary 2006 (71 FR 31074) concerning the tax preparation computer software to regulations serves as the text of the application of section 199 of the Internal customers affixed to a compact disc or by proposed regulations set forth in the Revenue Code, which provides a download and O’s only method of providing notice of proposed rulemaking on this deduction for income attributable to the tax preparation computer software to subject in the Proposed Rules section of domestic production activities, to customers is over the Internet. P, an this issue of the Federal Register. unrelated person, derives, on a regular and certain transactions involving computer ongoing basis in its business, gross receipts DATES: Effective Date: These temporary software. from the sale to customers of P’s substantially regulations are effective July 6, 2006. DATES: These corrections are effective identical tax preparation computer software Applicability Date: For dates of June 1, 2006. that has been affixed to a compact disc as applicability, see § 301.6103(j)(1)–1T(f).

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FOR FURTHER INFORMATION CONTACT: Joel the Regulatory Flexibility Act (5 U.S.C. Bureau of Economic Analysis for D. McMahan, (202) 622–4580 (not a toll- chapter 6), please refer to the cross- purposes of, but only to the extent free number). referenced notice of proposed necessary in, conducting and preparing SUPPLEMENTARY INFORMATION: rulemaking published elsewhere in this statistical analyses, as authorized by issue of the Federal Register. Pursuant law, all return information from the Background to section 7805(f) of the Code, these Statistics of Income sample, including Under section 6103(j)(1)(B) of the temporary regulations will be submitted edited information and regardless of Internal Revenue Code (Code), upon to the Chief Counsel for Advocacy of the format or medium, of designated classes written request from the Secretary of Small Business Administration for or categories of corporations with Commerce, the Secretary of the Treasury comment on their impact on small respect to the tax imposed by chapter 1 shall furnish to the Bureau return business. of the Internal Revenue Code. information that is prescribed by (2) [Removed and Reserved] Treasury regulations for the purpose of, Draft Information (3) The Internal Revenue Service will but only to the extent necessary in, The principal author of these disclose the following return structuring of national economic temporary regulations is Joel D. information reflected on returns filed by accounts and conducting related McMahan, Office of the Associate Chief corporations to officers and employees statistical activities authorized by law. Counsel (Procedure & Administration), of the Bureau of Economic Analysis: This document adopts temporary Disclosure and Privacy Law Division. (i) From the business master files of regulations that authorize the IRS to the Internal Revenue Service— disclose the additional items of return List of Subjects in 26 CFR Part 301 (A) Taxpayer identity information (as information that have been requested by Employment taxes, Estate taxes, defined in section 6103(b)(6) of the the Department of Commerce for Excise taxes, Gift taxes, Income taxes, Internal Revenue Code) with respect to purposes related to measuring economic Penalties, Reporting and recordkeeping corporate taxpayers; change in the U.S. national economic requirements. (B) Business or industry activity accounts. codes; Temporary regulations in the Rules Amendments to the Regulations (C) Filing requirement code; and and Regulations section of this issue of I Accordingly, 26 CFR part 301 is (D) Physical location. (ii) From Form SS–4 filed by an entity the Federal Register amend the amended as follows: Procedure and Administration identifying itself on the form as a Regulations (26 CFR part 301) under PART 301—PROCEDURE AND corporation or a private services Code section 6103(j)(1)(B). The ADMINISTRATION corporation— temporary regulations contain rules (A) Taxpayer identity information (as relating to the disclosure of return I Paragraph 1. The authority citation defined in section 6103(b)(6), including information reflected on returns to for part 301 is amended by adding an legal, trade, and business name); officers and employees of the entry in numerical order to read, in part, (B) Physical location; Department of Commerce for structuring as follows: (C) State or Country of incorporation; (D) Entity Type (Corporate only); national economic accounts and Authority: 26 U.S.C. 7805 * * * (E) Estimated highest number of conducting related statistical activities Section 301.6103(j)(1)–1T also issued employees expected in the next 12 authorized by law. under 26 U.S.C. 6103(j)(1), * * * months; Explanation of Provisions I Par. 2. Section 301.6103(j)(1)–1 is (F) Principal activity of the business; By letter dated December 18, 2003, amended by revising paragraphs (c) (G) Principal line of merchandise; (H) Posting cycle date relative to the Department of Commerce requested introductory text to read as follows: filing; and that additional items of return § 301.6103(j)(1)–1 Disclosures of return (I) Document code. information be disclosed to the Bureau information reflected on returns to officers (iii) From an employment tax return for purposes related to measuring and employees of the Department of filed by a corporation— economic change in the U.S. national Commerce for certain statistical purposes and related activities. (A) Taxpayer identity information (as economic accounts. Specifically, the defined in section 6103(b)(6)); Department of Commerce requested * * * * * (B) Total compensation reported; access to return information, obtained (c) * * * (1) [Reserved]. For further (C) Taxable wages paid for purposes from all corporate returns, not just those guidance, see § 301.6103(j)(1)–1T(c). of Chapter 21 to each employee; processed by the IRS’s Statistics of * * * * * (D) Master file tax account code Income Division for its corporate sample I Par. 3. Section 301.6103(j)(1)–1T is (MFT); file. Under this temporary regulation, revised to read as follows: (E) Total number of individuals the IRS will disclose to the Bureau’s employed in the taxable period covered officers and employees designated items § 301.6103(j)(1)–1T Disclosures of return by the return; of return information from returns filed information reflected on returns to officers (F) Posting cycle date relative to by all corporations. and employees of the Department of filing; Commerce for certain statistical purposes (G) Accounting period covered; and Special Analyses and related activities (temporary). (H) Document code. It has been determined that these (a) and (b) [Reserved]. For further (iv) From returns of corporate temporary regulations are not a guidance, see § 301.6103(j)(1)–1(a) and taxpayer, including Forms 1120, 851, significant regulatory action as defined (b). and other business returns, schedules in Executive Order 12866. Therefore, a (c) Disclosure of return information and forms that the Internal Revenue regulatory assessment is not required. It reflected on returns of corporations to Service may issue— also has been determined that section officers and employees of the Bureau of (A) Taxpayer identity information (as 553(b) of the Administrative Procedure Economic Analysis. defined in section 6103(b)(6)), including Act (5 U.S.C. chapter 5) does not apply (1) The Internal Revenue Service will that of parent corporation, affiliate or to these regulations. For applicability of disclose to officers and employees of the subsidiary, and shareholder;

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(B) Gross sales and receipts; I. Background hospitals in New Orleans that the (C) Returns and allowances; training programs at many teaching A. Legislative and Regulatory History (D) Cost of labor, salaries, and wages; hospitals in the city were closed or (E) Total assets; The stated purpose of section 1135 of partially closed as a result of the (F) Posting cycle date relative to the Social Security Act (the Act) is to disaster and that the displaced residents filing; enable the Secretary to ensure, to the were being transferred to training (G) Accounting period covered; maximum extent feasible, in any programs at host hospitals in other parts (H) Master file tax account code emergency area and during an of the country. For purposes of (MFT); emergency period, that sufficient health discussion in this rule, a host hospital (I) Document code; and care items and services are available to is a hospital that trains residents (J) Principal industrial activity code. meet the needs of enrollees in Medicare, displaced from a training program in a (d) [Reserved]. For further guidance, Medicaid, and the State Children’s section 1135 emergency area. A home see § 301.6103(j)(1)–1(d). Health Insurance Program (SCHIP). hospital is a hospital that meets all of (e) [Reserved]. For further guidance, Section 1135 of the Act authorizes the the following: (1) Is located in a section see § 301.6103(j)(1)–1(e). Secretary, to the extent necessary to 1135 emergency area, (2) had its (f) Effective date. This section is accomplish the statutory purpose, to inpatient bed occupancy decreased by applicable to disclosures to the Bureau temporarily waive or modify the 20 percent or more due to the disaster of Economic Analysis on or after July 6, application of certain types of statutory so that it is unable to train the number 2006. and regulatory provisions (such as of residents it originally intended to conditions of participation or other train in that academic year, and (3) Mark E. Matthews, certification requirements, program needs to send the displaced residents to Deputy Commissioner for Services and participation or similar requirements, or train at a host hospital. Enforcement. pre-approval requirements) with respect In the April 12, 2006 Federal Register Approved: June 5, 2006. to health care items and services furnished by health care provider(s) in (71 FR 18654), we published an interim Eric Solomon, final rule with comment period to Acting Deputy Assistant Secretary of the an emergency area during an emergency period. modify the Graduate Medical Education Treasury (Tax Policy). (GME) regulations as they apply to [FR Doc. E6–9556 Filed 7–5–06; 8:45 am] The Secretary’s authority under section 1135 of the Act arises in the Medicare GME affiliations to provide for BILLING CODE 4830–01–P event there is an ‘‘emergency area’’ and greater flexibility during times of continues during an ‘‘emergency disaster. Specifically, the interim final period’’ as those terms are defined in rule implemented the emergency DEPARTMENT OF HEALTH AND the statute. Under section 1135(g) of the Medicare GME affiliated group HUMAN SERVICES Act, an emergency area is a geographic provisions to address issues that may be area in which there exists an emergency faced by certain teaching hospitals in Centers for Medicare & Medicaid or disaster that is declared by the the event that residents who would Services President according to the National otherwise have trained at a hospital in Emergencies Act or the Robert T. an emergency area (as that term is 42 CFR Part 413 Stafford Disaster Relief and Emergency defined in section 1135(g) of the Social Security Act (the Act)) are relocated to [CMS–1531–F] Assistance Act, and a public health emergency declared by the Secretary alternate training sites. To provide home RIN 0938–AO35 according to section 319 of the Public hospitals with more flexibility to train Health Service Act. (Section 319 of the displaced residents at various sites, and Medicare Program; Revision of the Public Health Service Act authorizes the to allow host hospitals to count Deadline for Submission of Emergency Secretary to declare a public health displaced residents for IME and direct Graduate Medical Education Affiliation emergency and take the appropriate GME, home hospitals may enter into Agreements action to respond to the emergency, emergency Medicare GME affiliation agreements effective retroactive to the AGENCY: Centers for Medicare & consistent with existing authorities.) date of the first day of the section 1135 Medicaid Services (CMS), HHS. Throughout the remainder of this discussion, we will refer to such emergency period. ACTION: Final rule. emergency areas and emergency periods B. Requirements for Issuance of SUMMARY: This final rule responds to as ‘‘section 1135’’ emergency areas and Regulations comments on and revises the deadline emergency periods. for submission of the 2006 emergency When Hurricane Katrina occurred on Section 902 of the Medicare Medicare graduate medical education August 29, 2005, disrupting health care Prescription Drug, Improvement, and (GME) affiliation agreements. The operations and medical residency Modernization Act of 2003 (MMA) deadlines to submit the emergency training programs at teaching hospitals amended section 1871(a)(3) of the Act Medicare GME affiliation agreements for in New Orleans and the surrounding and requires the Secretary, in the 2005 through 2006 and 2006 area, the conditions were met for an consultation with the Director of the through 2007 academic years are emergency area and emergency period Office of Management and Budget, to changed from on or before June 30, 2006 under section 1135(g) of the Act. Under establish and publish timelines for the and July 1, 2006, respectively, to on or section 1135 of the Act, the Secretary publication of Medicare final before October 9, 2006. was then authorized to waive a number regulations based on the previous of provisions to ensure that sufficient publication of a Medicare proposed or DATES: These regulations are effective services would be available in the interim final regulation. Section 902 of on June 30, 2006. section 1135 emergency area to meet the the MMA also states that the timelines FOR FURTHER INFORMATION CONTACT: needs of Medicare, Medicaid, and for these regulations may vary but shall Elizabeth Truong, (410) 786–6005. SCHIP patients. Shortly after Hurricane not exceed 3 years after publication of SUPPLEMENTARY INFORMATION: Katrina occurred, we were informed by the preceding proposed or interim final

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regulation except under exceptional 30, 2006 and July 1, 2006 for the first hospitals had to negotiate and finalize circumstances. and second effective years, respectively) these agreements. This final rule finalizes one provision are too restrictive and impose a Therefore, in response to the many set forth in the April 12, 2006 interim hardship on hospitals that are coping requests for an extension on the year final rule with comment period. In with the destructive effects of 2006 deadlines, in this final rule we are addition, this final rule has been Hurricanes Katrina and Rita, which revising § 413.79(f)(6)(ii) to extend the published within the 3-year time limit have made even basic daily operations deadline for emergency Medicare GME imposed by section 902 of the MMA. difficult. A commenter noted that the affiliation agreements that would Therefore, we believe that the final rule interim final rule with comment period otherwise by required to be submitted is in accordance with the Congress’ was posted for public display on April by June 30, 2006 or July 1, 2006 to intent to ensure timely publication of 7, 2006, thereby giving hospitals only 84 October 9, 2006, which is 180 days after final regulations. days to negotiate and finalize the April 12, 2006 interim final rule II. Provisions of the Final Rule agreements that often involve multiple with comment period. In this final rule we are responding to parties and complex calculations to sort III. Waiver of the Delay in the Effective comments regarding the deadline for out the various cap transfers before the Date submission of emergency Medicare June 30, 2006 deadline. The Administrative Procedure Act GME affiliation agreements and Response: The June 30 and July 1 (APA) normally requires a 30-day delay finalizing the provision from the April dates were selected at the time the in the effective date of a final rule. This 12, 2006 interim final rule with interim final rule with comment period delay may be waived, however, if an comment period, specified at was published based on—(1) the current agency finds for good cause that the § 413.79(f)(6)(ii), regarding this requirements for signing Medicare GME delay is impracticable, unnecessary or deadline. We will issue a separate affiliation agreements; (2) the beginning contrary to the public interest, and Federal Register document to respond of the academic year for residency incorporates a statement of the finding to comments received and finalize the programs, and (3) the belief that and the reasons for it in the rule issued. other provisions of the April 12, 2006 hospitals training residents were likely The Secretary is subject to a similar interim final rule with comment period. to want signed affiliation agreements in requirement pursuant to section In the April 12 interim final rule with effect prior to the beginning of the 1871(e)(1)(B) of the Act. comment period, we specified that for residency training year. We had drafted We find that good cause exists to the year during which the section 1135 the interim final rule with comment waive the 30-day delay in effective date emergency was declared, each hospital period to apply, not only to hospitals because it would be contrary to the participating in the emergency affected by the 2005 hurricanes, but to public interest to delay the effective affiliation must submit a copy of the any similarly catastrophic event date of this final rule. We believe that emergency Medicare GME affiliation affecting hospitals in the future. there is an urgent need for the agreement, as specified under Accordingly, the provision was drafted regulation changes provided in this final § 413.79(f)(6), to CMS and the CMS FI to allow hospitals until the later of 180 rule to ensure that hospitals affected by servicing each hospital by the later of days after the section 1135 emergency Hurricanes Katrina and Rita do not face 180 days after the section 1135 period begins or June 30 to submit the dramatic disruptions in their Medicare emergency period begins or by June 30 emergency affiliation agreement for the GME funding, with possible dire effects of the relevant training year. The on their GME programs and financial interim final rule also specified that academic year during the which the emergency occurs, and until the later of stability. The existing regulations do not emergency Medicare GME affiliation provide adequate time for hospitals to agreements for the subsequent 2 180 days after the section 1135 emergency period begins or July 1 of the submit their emergency Medicare GME academic years must be submitted by affiliation agreements for the 2005 the later of 180 days after the section relevant training year to submit the emergency agreement for the subsequent through 2006 and the 2006 through 1135 emergency period begins or by July 2007 academic years. 1 of each of the years. Furthermore, 2 academic years. We now recognize amendments to the emergency Medicare that the hospitals affected by Hurricanes IV. Collection of Information GME affiliation agreement to adjust the Katrina and Rita had only 79 days from Requirements distribution of the number of full-time April 12, 2006, the date that the interim This document does not impose equivalent (FTE) residents in the final rule with comment period information collection and original emergency Medicare GME appeared in the Federal Register, to recordkeeping requirements. affiliation among the hospitals that are finalize their written agreements. This is Consequently, it need not be reviewed part of the emergency Medicare GME a far shorter period than 180 days after by the Office of Management and affiliated group can be made through the section 1135 emergency period Budget under the authority of the June 30 of the academic year for which began, which is the period allowed by Paperwork Reduction Act of 1995. they are effective. our regulations in the event of future We received a number of written emergencies. We recognize and V. Regulatory Impact Statement comments to the interim final rule appreciate that it may not be We have examined the impact of this provision regarding the timely administratively possible for all home rule as required by Executive Order submission of the emergency Medicare and host hospitals to submit to the 12866 (September 1993, Regulatory GME affiliation agreements. A summary appropriate FIs and CMS all emergency Planning and Review), the Regulatory of the comments received on this Medicare GME affiliation agreements Flexibility Act (RFA) (September 19, provision and our responses are as resulting from Hurricanes Katrina and 1980, Pub. L. 96–354), section 1102(b) of follows: Rita, due on or before June 30, 2006 (for the Social Security Act, the Unfunded Comment: Commenters expressed the 2005 through 2006 academic year) Mandates Reform Act of 1995 (Pub. L. concern that the year 2006 deadlines for and July 1, 2006 (for the 2006 through 104–4), and Executive Order 13132. submission of the emergency Medicare 2007 academic year) because of the Executive Order 12866 directs GME affiliation agreements (that is, June limited timeframe in which the affected agencies to assess all costs and benefits

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of available regulatory alternatives and, rule) that imposes substantial direct 1135 emergency period begins, or by if regulation is necessary, to select requirement costs on State and local July 1 of each academic year for the 2 regulatory approaches that maximize governments, preempts State law, or subsequent academic years. net benefits (including potential otherwise has Federalism implications. (B) For emergency Medicare GME economic, environmental, public health Since this regulation does not impose affiliation agreements that would and safety effects, distributive impacts, any costs on State or local governments, otherwise be required to be submitted and equity). A regulatory impact the requirements of E.O. 13132 are not by June 30, 2006 or July 1, 2006, each analysis (RIA) must be prepared for applicable. participating hospital must submit an major rules with economically In accordance with the provisions of emergency Medicare GME affiliation significant effects ($100 million or more Executive Order 12866, this regulation agreement to CMS and submit a copy to in any 1 year). This final rule does not was reviewed by the Office of its CMS fiscal intermediary on or before reach the economic threshold and thus Management and Budget. October 9, 2006. is not considered a major rule. In * * * * * List of Subjects in 42 CFR Part 413 addition, we expect that there will not (Catalog of Federal Domestic Assistance be an additional cost to the Medicare Health facilities, Kidney disease, Program No. 93.773, Medicare—Hospital program due to our extension of the Medicare, Puerto Rico, Reporting and Insurance; and Program No. 93.774, deadline to submit 2006 emergency recordkeeping requirements. Medicare—Supplementary Medical Insurance Program) Medicare GME affiliation agreements to I For the reasons set forth in the Dated: June 30, 2006. October 9, 2006. preamble, the Centers for Medicare & The RFA requires agencies to analyze Medicaid Services amends 42 CFR Mark B. McClellan, options for regulatory relief of small chapter IV part 413 as set forth below: Administrator, Centers for Medicare & businesses. For purposes of the RFA, Medicaid Services. small entities include small businesses, PART 413—PRINCIPLES OF Approved: June 30, 2006. nonprofit organizations, and small REASONABLE COST Michael O. Leavitt, governmental jurisdictions. Most REIMBURSEMENT; PAYMENT FOR Secretary. hospitals and most other providers and ENDSTAGE RENAL DISEASE [FR Doc. 06–6029 Filed 6–30–06; 4:00 pm] suppliers are small entities, either by SERVICES: PROSPECTIVELY BILLING CODE 4120–01–P nonprofit status or by having revenues DETERMINED PAYMENT RATES FOR of $6 million to $29 million in any 1 SKILLED NURSING FACILITIES year. Individuals and States are not FEDERAL COMMUNICATIONS included in the definition of a small I 1. The authority citation for part 413 COMMISSION entity. We are not preparing an analysis continues to read as follows: for the RFA because we have Authority: Secs. 1102, 1812(d), 1814(b), 47 CFR Part 54 determined that this rule will not have 1815, 1833(a), (i), and (n), 1861 (v), 1871, a significant economic impact on a 1881, 1883, and 1886 of the Social Security [FCC 06–89] substantial number of small entities. Act (42 U.S.C. 1302, 1395d(d), 1395f(b), In addition, section 1102(b) of the Act 1395g, 1395l(a), (i), and (n), 1395x(v), Amend the Commission’s Rules To requires us to prepare a regulatory 1395hh, 1395rr, 1395tt, and 1395ww) Sec. Align Oversight of the Universal impact analysis if a rule may have a 124 of Pub. L. 106–113, 113 Stat. 1515. Service Fund (USF) significant impact on the operations of Subpart F—Specific Categories of AGENCY: Federal Communications a substantial number of small rural Costs Commission. hospitals. This analysis must conform to ACTION: Final rule. the provisions of section 604 of the I 2. Section 413.79 is amended by RFA. For purposes of section 1102(b) of revising paragraph (f)(6)(ii) to read as SUMMARY: In this document, we amend the Act, we define a small rural hospital follows: our rules to align oversight of the as a hospital that is located outside of Universal Service Fund (USF) with the a Metropolitan Statistical Area and has § 413.79 Direct GME payments: responsibilities of the Office of the fewer than 100 beds. We are not Determination of the weighted number of Inspector General (OIG) and the Office preparing an analysis for section 1102(b) FTE residents. of the Managing Director (OMD). of the Act because we have determined * * * * * Specifically, we assign certain audit that this rule will not have a significant (f) * * * activities formerly assigned to the impact on the operations of a substantial (6) * * * Wireline Competition Bureau (WCB), number of small rural hospitals. (ii) Deadline for submission of the including oversight of the annual part Section 202 of the Unfunded emergency Medicare GME affiliation 54 audit of the Universal Service Mandates Reform Act of 1995 also agreement. (A) Except for emergency Administrative Corporation (USAC), to requires that agencies assess anticipated Medicare GME affiliation agreements the OIG and assign calculation of the costs and benefits before issuing any that meet the requirements of paragraph quarterly USF contribution factor to rule whose mandates require spending (f)(6)(ii)(B) of this section, each OMD. The Commission has in place a in any 1 year of $100 million in 1995 participating hospital must submit an number of mechanisms to oversee the dollars, updated annually for inflation. emergency Medicare GME affiliation USF and its current Administrator, That threshold level is currently agreement to CMS and submit a copy to USAC. In this document, we shift approximately $120 million. This rule its CMS fiscal intermediary by— responsibility for two of these will have no consequential effect on (1) First year. The later of 180 days mechanisms, the annual audit of USAC State, local, or tribal governments or on after the section 1135 emergency period and calculation of the USF contribution the private sector. begins or by June 30 of the academic factor, to the OIG and OMD, Executive Order 13132 establishes year in which the section 1135 respectively. These changes better align certain requirements that an agency emergency was declared; or these USF oversight functions with the must meet when it promulgates a (2) Two subsequent academic years. divisions within the Commission that proposed rule (and subsequent final The later of 180 days after the section can execute them most effectively.

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DATES: Effective August 7, 2006. Commission programs 2 and detect and the OMD, instead of the Wireline 3 FOR FURTHER INFORMATION CONTACT: prevent fraud and abuse. As an Competition Bureau, to calculate the Mika Savir, Office of the Managing essential part of this responsibility, we contribution factor and release the Director at (202) 418–0384. also amend the audit requirements public notices pertaining to the applicable to the part 54 audit of USAC contribution factor, consistent with the SUPPLEMENTARY INFORMATION: to allow the OIG to determine the type OMD’s general responsibility over the Adopted: June 20, 2006; Released: June of audit to examine USAC’s Commission’s financial matters.8 We are 23, 2006 administration. The Commission’s therefore revising § 54.709(a)(3) to decision adopting the part 54 require USAC to submit the above By the Commission: independent audit requirement information to the OMD. 1. By this Order, we amend our rules specified an agreed upon procedures 5. The rule amendments adopted in to align oversight of the Universal (‘‘AUP’’) form of audit.4 Although the this Order involve rules of agency Service Fund (‘‘USF’’) with the codified Commission rules do not organization, procedure, or practice. responsibilities of the Office of the specify the type of audit, the order The notice and comment and effective Inspector General (‘‘OIG’’) and the establishing the annual independent date provisions of the Administrative Office of the Managing Director audit requires the use of an ‘‘agreed- Procedure Act are therefore (‘‘OMD’’). Specifically, we assign certain upon procedures’’ engagement.5 We inapplicable.9 audit activities formerly assigned to the recognize that the OIG may conclude 6. Accordingly, it is ordered, that Wireline Competition Bureau (‘‘WCB’’), that other types of audits would better pursuant to sections 4(i), 4(j), 5(c), including oversight of the annual part assist in carrying out its mission to 303(r), 47 U.S.C. 154(i), 154(j), 155(c), 54 audit of the Universal Service detect potential waste, fraud, and abuse 303(r) of the Communications Act of Administrative Corporation (‘‘USAC’’), in the USF. We therefore clarify that, 1934, as amended, 47 CFR part 54 is to the OIG and assign calculation of the going-forward, the OIG may use amended, as set forth below, effective quarterly USF contribution factor to whatever type of audit it concludes August 7, 2006. OMD. would be better suited to evaluating 2. The Commission has in place a USAC and its operations. We also Federal Communications Commission. number of mechanisms to oversee the clarify that the OIG may require the use William F. Caton, USF and its current Administrator, of government auditing standards for Deputy Secretary. these audits.6 USAC. In this Order, we shift Final Rule responsibility for two of these 4. Finally, we revise section 54.709 of mechanisms, the annual audit of USAC our rules to require USAC to submit to I For the reasons discussed in the and calculation of the USF contribution the OMD projections of demand for USF preamble, the Federal Communications factor, to the OIG and OMD, support mechanisms, projections of Commission amends 47 CFR part 54 as respectively. These changes better align revenue, projections of administrative follows: these USF oversight functions with the expenses, and the contribution base. divisions within the Commission that Contributions to the universal service PART 54—UNIVERSAL SERVICE support mechanisms are determined can execute them most effectively. I 1. The authority citation for part 54 3. First, we amend § 54.717 of our using a quarterly contribution factor 7 continues to read as follows: rules to give the OIG oversight of the calculated by the Commission. We now annual USAC audit. Section 54.717 of revise our internal processes to require Authority: 47 U.S.C. 1, 4(i), 201, 205, 214, the Commission’s rules requires USAC and 254 unless otherwise noted. 2 ‘‘to obtain and pay for an annual audit 47 CFR 0.13(a). 3 47 CFR 0.13(c). § 54.709 [Amended] conducted by an independent auditor to 4 USAC Order, 12 FCC Rcd at 18440, paragraph I examine its operations and books of 2. In 47 CFR 54.709 (a)(3) remove the 76. In an agreed-upon procedures attestation words ‘‘Wireline Competition Bureau’’ account to determine, among other engagement, the auditors perform testing to issue a things, whether [USAC] is properly report of findings based on specific procedures and add in their place, the words administering the universal service performed on subject matter. See ‘‘Government ‘‘Office of the Managing Director’’ each Auditing Standards,’’ section 6.02(c), GAO–03– place it appears. support mechanisms to prevent fraud, 673G, June 2003. 1 waste, and abuse.’’ Under the 5 See 47 CFR 54.717(a)–(k). § 54.717 [Amended] Commission’s part 54 rules, the 6 See Application of Generally Accepted I Wireline Competition Bureau (‘‘WCB’’) Accounting Principles for Federal Agencies and 3. In 47 CFR 54.717 (a), (b), (c), (d), has been the staff unit responsible for Generally Accepted Government Auditing (e)(1), (e)(2), (f), (g), (h) and (i) remove overseeing the conduct of the audit. The Standards to the Universal Service Fund, Order, 18 the words ‘‘Wireline Competition FCC Rcd 19911, paragraph 5 (GovGAAP Order) purpose of this annual audit has been to Bureau’’ and add in their place, the (requiring the use of government auditing standards words ‘‘Office of Inspector General’’ oversee the operations of the USF for audits of USF beneficiaries and contributors); Administrator and to safeguard the USF see also General Accounting Office, Government each place it appears and in paragraph from potential waste, fraud, and abuse. Auditing Standards: 2003 Revision, GAO–03–673G (k) remove the words ‘‘Chief of the Because a principle purpose of this (June 2003) (‘‘GAGAS Handbook’’) (specifying Wireline Competition Bureau’’ and add government auditing standards). We note that in their place, the words ‘‘Inspector audit is to deter waste, fraud, and abuse, government auditing standards incorporate the we amend the Commission’s rules to auditing standards of the American Institute of General’’. delegate oversight authority to the OIG. Certified Public Accountants (AICPA). Id. at 6.01, [FR Doc. E6–10481 Filed 7–5–06; 8:45 am] 6.05. This amendment is consistent with the BILLING CODE 6712–01–P 7 OIG’s responsibility to conduct audits of 47 CFR 54.709(a). We release a public notice quarterly, see, e.g., ‘‘Proposed First Quarter 2006 Universal Service Contribution Factor,’’ CC Docket 8 47 CFR 0.11(a)(8). 1 47 CFR 54.717. No. 96–45, Public Notice, 20 FCC Rcd 19933 (2005). 9 5 U.S.C. 553(b)(3)(A).

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FEDERAL COMMUNICATIONS The full text of document DA 06–1100 U.S.C. 254(b)(4). Although the Interstate COMMISSION and copies of any subsequently filed TRS Fund is governed by Section 225 of documents in this matter will be the Communications Act, rather than 47 CFR Part 64 available for public inspection and Section 254 of the Communications Act, [CG Docket No. 03–123; DA 06–1100] copying during regular business hours Telco Group argues that the Interstate at the FCC Reference Information TRS Fund contribution rules also are Telecommunications Relay Services Center, Portals II, 445 12th Street, SW., ‘‘designed to be equitable and and Speech-to-Speech Services for Room CY–A257, Washington, DC 20554. nondiscriminatory’’ and, therefore, the Individuals With Hearing and Speech Document DA 06–1100 and copies of relief afforded in TOPUC should be Disabilities subsequently filed documents in this extended to TRS. Petition at 4. Telco matter may also be purchased from the Group argues that its circumstance is AGENCY: Federal Communications Commission’s duplicating contractor at comparable to the TOPUC plaintiff Commission. Portals II, 445 12th Street, SW., Room because the ‘‘vast majority’’ of Telco ACTION: Final rule; petition for CY–B402, Washington, DC 20554. Group’s revenues ‘‘ approximately 96 reconsideration. Customers may contact the percent ‘‘ are derived from international Commission’s duplicating contractor at services. Petition at 3. Moreover, Telco SUMMARY: In this document, the its Web site http://www.bcpiweb.com or Group argues the public interest will be Commission, on its own motion, by calling 1–800–378–3160. served by granting the requested relief reconsiders a petition for declaratory To request materials in accessible because it will ensure Telco Group ruling (Petition) filed by Telco Group, formats for people with disabilities ‘‘remains as a viable competitor in the Inc. (Telco Group) requesting that the (Braille, large print, electronic files, market for interstate services.’’ Petition Commission either exclude audio format), send an e-mail to at 9. Telco Group adds that the ‘‘high international revenues from the end- [email protected] or call the Consumer & payment obligations also hinder Telco user revenue base used to calculate Governmental Affairs Bureau at (202) Group’s ability to compete outside the payments due to the Interstate 418–0530 (voice), (202) 418–0432 United States, and so contradict the Telecommunications Relay Service (TTY). Document DA 06–1043 can also Commission’s efforts to promote and (TRS) Fund (Fund), or in the alternative, be downloaded in Word or Portable encourage competition in the waive the portion of Telco Group’s Document Format (PDF) at: http:// international and interstate markets.’’ contribution based on its international www.fcc.gov/cgb/dro. Petition at 9–10 (citing 2000 Biennial end-user revenues. This action is Regulatory Review—Policies and necessary because the May 2006 Synopsis Procedures Concerning the Declaratory Ruling addressing Telco Background International, Interexchange Group’s Petition did not contain an Marketplace, IB Docket No. 02–202, analysis of the complete record. In its Petition, Telco Group requests Report and Order, 16 FCC Rcd 10647 DATES: Effective May 25, 2006. that the Commission exclude international revenues from the revenue (March 20, 2001)), published at 66 FR ADDRESSES: Federal Communications base used to calculate payments due to 16874, March 28, 2001. Commission, 445 12th Street, SW., the Interstate TRS Fund, ‘‘at least for On October 25, 2004, the Telco Group Washington, DC 20554. those carriers whose international Petition was place on Public Notice. FOR FURTHER INFORMATION CONTACT: revenues comprise a significant portion Telco Group, Inc. Files Petition for Thomas Chandler, Consumer & of their total interstate and international Declaratory Ruling or Waiver to Exclude Governmental Affairs Bureau, Disability revenues,’’ or in the alternative, find International Revenues from the Rights Office at (202) 418–1475 (voice), good cause to waive Telco Group’s Revenue Base Used to Calculate (202) 418–0597 (TTY), or e-mail at obligations to the Fund that are based Payment to the Interstate TRS Fund, CC [email protected]. on its international revenues. Petition at Docket No. 98–67, Public Notice, 19 SUPPLEMENTARY INFORMATION: This 1. FCC Rcd 20965 (October 25, 2004); document does not contain new or Telco Group maintains that such published at 69 FR 64573, November 5, modified information collection relief is warranted because, in what 2004. Two oppositions were filed, one requirements subject to the PRA of Telco Group argues is an analogous case from a carrier and one from an 1995, Public Law 104–13. In addition, it involving the Universal Service Fund organization representing the deaf does not contain any new or modified (USF), the United States Court of community. Comments were filed by ‘‘information collection burden for Appeals for the Fifth Circuit required MCI (MCI) (November 26, 2004) and small business concerns with fewer than the Commission to revisit the USF Telecommunications for the Deaf, Inc. 25 employees,’’ pursuant to the Small assessment on the international services (TDI) (November 24, 2004). Late filed Business Paperwork Relief Act of 2002, revenue of a provider of primarily comments were filed by Globecomm Public Law 107–198, see 44 U.S.C. international services and de minimis Systems, Inc. (‘‘GSI’’) on February 14, 3506(c)(4). This is a summary of the interstate services. Petition at 3 (citing 2006. On that same date, GSI also filed Commission’s document DA 06–1100, Texas Office of the Public Utility a petition for declaratory ruling that Telecommunications Relay Services and Counsel v. FCC, 183 F.3d 393 (5th Cir. there is no obligation to pay into the Speech-to-Speech Services for 1999) (TOPUC)). The Court found that Interstate TRS Fund based on revenues Individuals with Hearing and Speech requiring a carrier to pay an assessment arising from traffic that does not Disabilities, Declaratory Ruling on on its international services revenue originate or terminate in the United Reconsideration, CG Docket No. 03–123, that exceeded the carrier’s total States. Globecomm Systems, Inc., DA 06–1100, adopted May 25, 2006, interstate revenue violated the equitable Petition for Declaratory Ruling (filed released May 25, 2006, reconsidering and nondiscriminatory contribution February 14, 2006). Because the issue in issues raised in Telco Group’s Petition requirement of the Universal Service the GSI petition—whether certain calls for Declaratory Ruling, or in the statute, Section 254 of the should be considered international Alternative, Petition for Waiver Communications Act, as amended. calls—is distinct from the issue raised (Petition), filed July 26, 2004. TOPUC, 183 F.3d at 434–435; see 47 in Telco Group’s Petition, the

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Commission will address GSI’s petition 1993 and 58 FR 12175, March 3, 1993 revenues by providing international in a separate order. Telco Group filed (in adopting rule requiring contributions prepaid calling services, as well as other reply comments. Reply of Telco Group, to the Fund to be based on, inter alia, international services, would be Inc. to Oppositions to Telco Group’s international services, Commission required to compete against companies Petition for Declaratory Ruling, or in the notes Sprint’s argument ‘‘that who would have been granted a Alternative, Petition for Waiver (filed international services should be discriminatory cost advantage were the December 10, 2004, in CC Docket No. included because TRS providers will be Commission to grant Telco Group’s 98–67). compensated by the administrator for request.’’ Opposition of MCI at 3. See Discussion international TRS minutes of use’’). IP also Telco Reply Comments at 2–3 Relay service is an exception to this (arguing that the TRS funding Telco Group’s Petition is premised on rule. See, e.g., Telecommunications mechanism is not equitable and the congruence between Section 254 of Relay Services and Speech-to-Speech nondiscriminatory as applied to Telco the Communications Act, which Services for Individuals with Hearing Group because it must pay a high establishes Universal Service and Speech Disabilities, CC Docket No. proportion of its ‘‘U.S. interstate requirements, and Section 225 of the 98–67, Order, 19 FCC Rcd 12224, 12242, revenues into the TRS Fund’’). Communications Act, which establishes at paragraph 48, note 121 (June 30, In any event, TOPUC is specifically requirements for the provision of TRS. 2004) (noting that the Fund ‘‘does not based on the equitable and Sections 254 and 225 of the currently reimburse providers for the nondiscriminatory contribution Communications Act, however, differ in costs of providing international calls via requirement of Section 254 of the fundamental and, in this case, IP Relay’’); Telecommunications Relay dispositive ways. Unlike USF Communications Act. Section 254 of the Services and Speech-to-Speech Services Communications Act states that ‘‘[a]ll assessments, contributions to the for Individuals with Hearing and Speech Interstate TRS Fund are used, in part, to providers of telecommunications Disabilities, CC Docket No. 98–67, services should make an equitable and reimburse international relay calls. Order, 18 FCC Rcd 12823, 12837, at Therefore, in this case, the public nondiscriminatory contribution to the paragraph 42 (June 30, 2003) (noting interest lies in ensuring adequate preservation and advancement of that in March 2003 NECA was directed funding for interstate TRS—including universal service.’’ 47 U.S.C. 254(b)(4). to suspend payment to TRS providers international TRS—by assessing The Court found that requiring for international IP Relay service contributions on as broad a revenue COMSAT, a satellite provider of minutes); see also 2004 TRS Report and base as can be justified. Accordingly, primarily international services along Order, 19 FCC Rcd at 12525, paragraph Telco Group’s request that the with de minimis interstate service 129, published at 69 FR 53346, Commission exclude international offerings, to contribute to the Universal revenues from the end-user revenue September 1, 2004 and 69 FR 53382, Service Fund based on its international base used to calculate payments due to September 1, 2004 (noting that although services revenues was inequitable and the Interstate TRS Fund is denied. Fund does not pay for international IP discriminatory given that COMSAT’s Because Telco Group has not Relay service calls, it does pay for contribution based on international demonstrated why individualized relief international Video Relay Service calls). services revenue would exceed the is appropriate, the company’s request Therefore, unlike the USF company’s total interstate revenues. The for waiver of the interstate TRS assessments at issue in TOPUC, Court stated that ‘‘the agency’s assessment on international services excluding international revenues from interpretation of ‘equitable and revenue is also denied. the revenue base used for calculating nondiscriminatory,’ allowing it to Unlike the Universal Service Fund, TRS contributions would not serve the impose prohibitive costs on carriers which does not directly support public interest. With the TRS Fund, it such as COMSAT, is ‘arbitrary and international services but only may be is not the case—as in TOPUC—that a capricious’ * * * [because] COMSAT used only to support domestic services, provider of only de minimis interstate and carriers like it will contribute more the Interstate TRS Fund is used to service may be required to bear a in universal service payments than they support international TRS. See disproportionately heavy burden in will generate from interstate service.’’ Telecommunications Relay Services for subsidizing the provision of such TOPUC, 183 F.3d at 434–435. Section Individuals with Hearing and Speech services by other carriers. Contributions 225 of the Communications Act, Disabilities, and the Americans with to the Interstate TRS Fund based on however, contains no such express Disabilities Act of 1990, CC Docket No. Telco Group’s international services requirement. In the absence of such 90–571, Report and Order and Request revenue can, in turn, be used to language, and particularly because for Comments, (TRS I Order), 6 FCC Rcd subsidize international TRS. Moreover, international services are supported by at 4660–4661, paragraph 18, published Telco Group is required to contribute the Interstate TRS Fund, the at 56 FR 36729, August 1, 1991 the same percentage of its interstate and Commission is not bound by the TOPUC (discussing comments that relay international revenues to the Interstate decision to reduce or eliminate services should relay international calls TRS Fund as other carriers that provide Interstate TRS Fund assessments on that originate or terminate in the United both interstate and international international services for Telco Group or States provided that equipment of the services. Therefore, this approach is similarly situated providers. With foreign country is compatible with U.S. both equitable and nondiscriminatory, respect to contributions, the only equipment); See Telecommunications even as applied to an entity like Telco limiting language of Section 225 is Relay Services for Individuals with Group that may largely have jurisdictional in nature. See 47 U.S.C. Hearing and Speech Disabilities, and international revenues. As MCI notes, 225(d)(3) (addressing jurisdictional the Americans with Disabilities Act of ‘‘it would be discriminatory if Telco separation of costs). Telco Group also 1990, Order on Reconsideration, Second Group, and other internationally- suggests that even if TOPUC does not Report and Order, and Further Notice of oriented carriers, were allowed to apply in the TRS context, the Proposed Rulemaking, (TRS III Order), 8 exclude international revenues from the Commission has the discretion to apply FCC Rcd at 5301, paragraph 9, note14, TRS contribution base. Companies such a similar rule for TRS. Telco Reply published at 58 FR 12204, March 3, as MCI, who also earn international Comments at 4. The issue presented is

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not, however, whether the Commission relatively more international revenues, for elkhorn and staghorn corals to the could apply the TOPUC principle to or more interstate revenues, is not published table of threatened species. TRS, but whether the rule the relevant to ensuring adequate funding The effective date for this correction Commission did adopt for TRS for these services. was inadvertently set for a date prior to (requiring payments into the Fund the effective date of the final rule to list Congressional Review Act based on international revenues) is these corals as threatened under the reasonable and in the public interest. The Commission will not send a copy Endangered Species Act. In addition, Accordingly, Telco Group’s request for of the Declaratory Ruling on the citation for the North American a declaratory ruling excluding Reconsideration pursuant to the green sturgeon was inadvertently international services revenue from the Congressional Review Act because the omitted from the table. This rule interstate contribution base is denied. adopted rules are rules of particular therefore serves to correct the effective Telco Group also asserts that because it applicability. See 5 U.S.C. 801(a)(1)(A). date of the June 2, 2006 rule and to add does not receive any TRS funds, and Ordering Clauses the citation for green sturgeon to the does minimal business in the United table of threatened species. Pursuant to the authority contained in States, it should not have to pay into the DATES: This correction is effective on Section 225 of the Communications Act Fund based on international revenues July 7, 2006. ‘‘in return for ‘benefits’ largely and of 1934, as amended, 47 U.S.C. 225, and FOR FURTHER INFORMATION CONTACT: primarily enjoyed by other carriers.’’ §§ 0.141, 0.361, and 1.108 of the Marta Nammack or Lisa Manning, Telco Reply Comments at 3–4. The Commission’s rules, 47 CFR 0.141, (301)713–1401. obligation to pay into the Fund, 0.361, and 1.108, the Declaratory Ruling however, is not tied to particular on Reconsideration is hereby denied. SUPPLEMENTARY INFORMATION: In the May benefits contributors may receive from Federal Communications Commission. 9, 2006, issue of the Federal Register, we published a final rule to implement the Fund. Under the rules, a broad range Monica S. Desai, of interstate telecommunications our determination to list elkhorn Chief, Consumer & Governmental Affairs (Acropora palmata) and staghorn (A. carriers are required to pay into the Bureau. Fund, regardless of whether they also cervicornis) corals as threatened species [FR Doc. 06–6012 Filed 6–30–06; 12:30 pm] under the Endangered Species Act provide relay services paid for by the BILLING CODE 6712–01–P Fund or otherwise ‘‘benefit’’ directly (ESA) of 1973. The table printed in this from the provision of relay service. See rule contained inadequate data and was subsequently corrected in a June 2, 2006 47 CFR 64.604(c)(5)(iii)(A) of the DEPARTMENT OF COMMERCE Commission’s rules. Federal Register Notice. The effective date of this correction, however, was Telco Group’s request for waiver of National Oceanic and Atmospheric June 2, 2006, which was prior to the the interstate TRS assessment on its Administration international services revenue is also effective date for the final rule to list elkhorn and staghorn corals. In denied. Although the Commission may 50 CFR Part 223 waive a provision of its rules for ‘‘good addition, the June 2, 2006, correction cause shown,’’ 47 CFR 1.3 of the [I.D. No. 060204C] omitted the citation for the Southern Commission’s rules; see generally 2004 distinct population segment (DPS) of the Endangered and Threatened Species: TRS Report and Order, 19 FCC Rcd at North American green sturgeon from the Final Listing Determinations for 12520, paragraph 110 (discussing table. Therefore in this rule, we seek to Elkhorn Coral and Staghorn Coral; standard for waiving Commission rules), correct the effective date of the June 2, Correction Telco Group’s argument rests on the fact 2006 correction and revise the table of that a high percent of its revenues AGENCY: National Marine Fisheries threatened species. derive from international services and Service (NMFS), National Oceanic and In rule document 06–4988 beginning therefore its TRS payment is Atmospheric Administration (NOAA), on page 31965 in the issue of Friday, substantially higher that it would be if Commerce. June 2, 2006, make the following corrections: international revenues were not ACTION: Final rule; correction. included and burdensome. See also I 1. On page 31965, in the third column, Petition at 9–10. As noted above, SUMMARY: We, the National Marine under the DATES heading, ‘‘June 2, however, because the Fund supports Fisheries Service, are correcting a 2006’’ should read ‘‘July 7, 2006’’. both international and interstate TRS, previously published Federal Register § 223.102 [Corrected] TRS assessments are based on both rule that contained incorrect data. On I 2. On pages 31966 through 31977, international and interstate revenues, June 2, 2006, a correction was published correct the table in § 223.102 to read as and the fact that some contributors have in the Federal Register to add citations follows:

Species1 Where Listed Citation(s) for Listing Citation for Critical Common name Scientific name Determination(s) Habitat Designation

(a) Marine Mammals (1) Guadalupe fur seal Arctocephalus Wherever found U.S.A. (Farallon Is- 50 FR 51252; Dec 16, NA townsendi lands of CA) south to Mexico (Islas 1985 Revillagigedo)

(2) Steller sea lion Eumetopias jubatus Eastern population, which consists 55 FR 13488; Apr 10, 58 FR 45278; Aug 27, of all Steller sea lions from breeding 1990 1993 colonies located east of 144° W. 55 FR 50006; Dec 4, 64 FR 14067; Mar 23, longitude 1990 1999 62 FR 30772; Jun 5, 1997

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Species1 Where Listed Citation(s) for Listing Citation for Critical Common name Scientific name Determination(s) Habitat Designation

(b) Sea Turtles (1) Green turtle 2 Chelonia mydas Wherever found, except where list- 43 FR 32808; Jul 28, 63 FR 46701; Sep 2, ed as endangered under 1978 1998 § 224.101(c); circumglobal in trop- 64 FR 14067; Mar 23, ical and temperate seas and 1999 oceans

(2) Loggerhead turtle 2 Caretta caretta Wherever found; circumglobal in 43 FR 32808; Jul 28, NA tropical and temperate seas and 1978 oceans

(3) Olive ridley turtle 2 Lepidochelys olivacea Wherever found, except where list- 43 FR 32808; Jul 28, NA ed as endangered under 1978 § 224.101(c); circumglobal in trop- ical and temperate seas. (c) Fishes (1) Green sturgeon - Acipenser medirostris U.S.A., CA. The southern DPS in- 71 FR 17757; April 7, southern DPS cludes all spawning populations of 2006; green sturgeon south of the Eel 71 FR 19241; April 13, River (exclusive), principally includ- 2006 ing the Sacramento River green sturgeon spawning population.

(2) Gulf sturgeon Acipenser oxyrinchus Wherever found. 56 FR 49653; Sep 30, 68 FR 13370; Mar 19, desotoi 1991 2003

(3) Ozette Lake sockeye Oncorhynchus nerka U.S.A.- WA, including all naturally 64 FR 14528; Mar 25, 70 FR 52630; Sep 2, spawned populations of sockeye 1999 2005 salmon in Ozette Lake and streams 70 FR 37160; Jun 28, and tributaries flowing into Ozette 2005 Lake, Washington, as well as two artificial propagation programs: the Umbrella Creek and Big River sock- eye hatchery programs.

(4) Central Valley Oncorhynchus U.S.A.- CA, including all naturally 64 FR 50394; Sep 16, 70 FR 52488; Sep 2, spring-run Chinook tshawytscha spawned populations of spring-run 1999 2005 Chinook salmon in the Sacramento 70 FR 37160; Jun 28, River and its tributaries in Cali- 2005 fornia, including the Feather River, as well as the Feather River Hatch- ery spring-run Chinook program.

(5) California Coastal Oncorhynchus U.S.A.-CA, including all naturally 64 FR 50394; Sep 16, 70 FR 52488; Sep 2, Chinook tshawytscha spawned populations of Chinook 1999 2005 salmon from rivers and streams 70 FR 37160; Jun 28, south of the Klamath River to the 2005 Russian River, California, as well as seven artificial propagation pro- grams: the Humboldt Fish Action Council (Freshwater Creek), Yager Creek, Redwood Creek, Hollow Tree, Van Arsdale Fish Station, Mattole Salmon Group, and Mad River Hatchery fall-run Chinook hatchery programs.

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Species1 Where Listed Citation(s) for Listing Citation for Critical Common name Scientific name Determination(s) Habitat Designation

(6) Upper Willamette Oncorhynchus U.S.A.- OR, including all naturally 64 FR 14308; Mar. 24 70 FR 52630; Sep 2, River Chinook tshawytscha spawned populations of spring-run 1999 2005 Chinook salmon in the Clackamas 70 FR 37160; Jun 28, River and in the Willamette River, 2005 and its tributaries, above Willamette Falls, Oregon, as well as seven arti- ficial propagation programs: the McKenzie River Hatchery (Oregon Department of Fish and Wildlife (ODFW) stock #24), Marion Forks/ North Fork Santiam River (ODFW stock #21), South Santiam Hatchery (ODFW stock #23) in the South Fork Santiam River, South Santiam Hatchery in the Calapooia River, South Santiam Hatchery in the Mollala River, Willamette Hatchery (ODFW stock # 22), and Clackamas hatchery (ODFW stock #19) spring-run Chinook hatchery programs.

(7) Lower Columbia Oncorhynchus U.S.A.- OR, WA, including all natu- 64 FR 14308; Mar. 24, 70 FR 52630; Sep 2, River Chinook tshawytscha rally spawned populations of Chi- 1999 2005 nook salmon from the Columbia 70 FR 37160; Jun 28, River and its tributaries from its 2005 mouth at the Pacific Ocean up- stream to a transitional point be- tween Washington and Oregon east of the Hood River and the White Salmon River, and includes the Wil- lamette River to Willamette Falls, Oregon, exclusive of spring-run Chi- nook salmon in the Clackamas River, as well as seventeen artificial propagation programs: the Sea Re- sources Tule Chinook Program, Big Creek Tule Chinook Program, Astoria High School (STEP) Tule Chinook Program, Warrenton High School (STEP) Tule Chinook Pro- gram, Elochoman River Tule Chi- nook Program, Cowlitz Tule Chi- nook Program, North Fork Toutle Tule Chinook Program, Kalama Tule Chinook Program, Washougal River Tule Chinook Program, Spring Creek NFH Tule Chinook Program, Cowlitz spring Chinook Program in the Upper Cowlitz River and the Cispus River, Friends of the Cowlitz spring Chinook Pro- gram, Kalama River spring Chinook Program, Lewis River spring Chi- nook Program, Fish First spring Chinook Program, and the Sandy River Hatchery (ODFW stock #11) Chinook hatchery programs.

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Species1 Where Listed Citation(s) for Listing Citation for Critical Common name Scientific name Determination(s) Habitat Designation

(8) Puget Sound Chi- Oncorhynchus U.S.A.- WA, including all naturally 64 FR 14308; Mar. 24, 70 FR 52630; Sep 2, nook tshawytscha spawned populations of Chinook 1999 2005 salmon from rivers and streams 70 FR 37160; Jun 28, flowing into Puget Sound including 2005 the Straits of Juan De Fuca from the Elwha River, eastward, includ- ing rivers and streams flowing into Hood Canal, South Sound, North Sound and the Strait of Georgia in Washington, as well as twenty-six artificial propagation programs: the Kendal Creek Hatchery, Marblemount Hatchery (fall, spring yearlings, spring subyearlings, and summer run), Harvey Creek Hatch- ery, Whitehorse Springs Pond, Wal- lace River Hatchery (yearlings and subyearlings), Tulalip Bay, Issaquah Hatchery, Soos Creek Hatchery, Icy Creek Hatchery, Keta Creek Hatch- ery, White River Hatchery, White Acclimation Pond, Hupp Springs Hatchery, Voights Creek Hatchery, Diru Creek, Clear Creek, Kalama Creek, George Adams Hatchery, Rick’s Pond Hatchery, Hamma Hamma Hatchery, Dungeness/Hurd Creek Hatchery, Elwha Channel Hatchery Chinook hatchery pro- grams.

(9) Snake River fall-run Oncorhynchus U.S.A.- OR, WA, ID, including all 57 FR 14653; Apr 22, 58 FR 68543; Dec 28, Chinook tshawytscha naturally spawned populations of 1992 1993 fall-run Chinook salmon in the 57 FR 23458; Jun 3, mainstem Snake River below Hells 1992 Canyon Dam, and in the Tucannon 70 FR 37160; Jun 28, River, Grande Ronde River, Imnaha 2005 River, Salmon River, and Clear- water River, as well as four artificial propagation programs: the Lyons Ferry Hatchery, Fall Chinook Accli- mation Ponds Program, Nez Perce Tribal Hatchery, and Oxbow Hatch- ery fall-run Chinook hatchery pro- grams.

(10) Snake River spring/ Oncorhynchus U.S.A.- OR, WA, ID, including all 57 FR 14653; Apr 22, 58 FR 68543; Dec 28, summer-run Chinook tshawytscha naturally spawned populations of 1992 1993 spring/summer-run Chinook salmon 57 FR 23458; Jun 3, 64 FR 57399; Oct 25, in the mainstem Snake River and 1992 1999 the Tucannon River, Grande Ronde 70 FR 37160; Jun 28, River, Imnaha River, and Salmon 2005 River subbasins, as well as fifteen artificial propagation programs: the Tucannon River conventional Hatchery, Tucannon River Captive Broodstock Program, Lostine River, Catherine Creek, Lookingglass Hatchery, Upper Grande Ronde, Imnaha River, Big Sheep Creek, McCall Hatchery, Johnson Creek Artificial Propagation Enhancement, Lemhi River Captive Rearing Exper- iment, Pahsimeroi Hatchery, East Fork Captive Rearing Experiment, West Fork Yankee Fork Captive Rearing Experiment, and the Saw- tooth Hatchery spring/summer-run Chinook hatchery programs.

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Species1 Where Listed Citation(s) for Listing Citation for Critical Common name Scientific name Determination(s) Habitat Designation

(11) Southern Oregon/ Oncorhynchus kisutch U.S.A.- CA, OR, including all natu- 62 FR 24588; May 6, 64 FR 24049; May 5, Northern California rally spawned populations of coho 1997 1999 Coast coho salmon in coastal streams between 70 FR 37160; Jun 28, Cape Blanco, Oregon, and Punta 2005 Gorda, California, as well three arti- ficial propagation programs: the Cole Rivers Hatchery (ODFW stock # 52), Trinity River Hatchery, and Iron Gate Hatchery coho hatchery programs.

(12) Lower Columbia Oncorhynchus kisutch U.S.A.- OR, WA, including all natu- 70 FR 37160; Jun 28, NA River coho rally spawned populations of coho 2005 salmon in the Columbia River and its tributaries in Washington and Or- egon, from the mouth of the Colum- bia up to and including the Big White Salmon and Hood Rivers, and includes the Willamette River to Willamette Falls, Oregon, as well as twenty-five artificial propagation pro- grams: the Grays River, Sea Re- sources Hatchery, Peterson Coho Project, Big Creek Hatchery, Astoria High School (STEP) Coho Program, Warrenton High School (STEP) Coho Program, Elochoman Type-S Coho Program, Elochoman Type-N Coho Program, Cathlamet High School FFA Type-N Coho Program, Cowlitz Type-N Coho Program in the Upper and Lower Cowlitz Riv- ers, Cowlitz Game and Anglers Coho Program, Friends of the Cow- litz Coho Program, North Fork Toutle River Hatchery, Kalama River Type-N Coho Program, Kalama River Type-S Coho Pro- gram, Lewis River Type-N Coho Program, Lewis River Type-S Coho Program, Fish First Wild Coho Pro- gram, Fish First Type-N Coho Pro- gram, Syverson Project Type-N Coho Program, Eagle Creek Na- tional Fish Hatchery, Sandy Hatch- ery, and the Bonneville/Cascade/ Oxbow complex coho hatchery pro- grams.

(13) Columbia River Oncorhynchus keta U.S.A.- OR, WA, including all natu- 64 FR 14508; Mar. 25, 70 FR 52630; Sep 2, chum rally spawned populations of chum 1999 2005 salmon in the Columbia River and 70 FR 37160; Jun 28, its tributaries in Washington and Or- 2005 egon, as well as three artificial propagation programs: the Chinook River (Sea Resources Hatchery), Grays River, and Washougal River/ Duncan Creek chum hatchery pro- grams.

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Species1 Where Listed Citation(s) for Listing Citation for Critical Common name Scientific name Determination(s) Habitat Designation

(14) Hood Canal sum- Oncorhynchus keta U.S.A.- WA, including all naturally 64 FR 14508; Mar. 25, 70 FR 52630; Sep 2, mer-run chum spawned populations of summer- 1999 2005 run chum salmon in Hood Canal 70 FR 37160; Jun 28, and its tributaries as well as popu- 2005 lations in Olympic Peninsula rivers between Hood Canal and Dunge- ness Bay, Washington, as well as eight artificial propagation pro- grams: the Quilcene NFH, Hamma Hamma Fish Hatchery, Lilliwaup Creek Fish Hatchery, Union River/ Tahuya, Big Beef Creek Fish Hatchery, Salmon Creek Fish Hatchery, Chimacum Creek Fish Hatchery, and the Jimmycomelately Creek Fish Hatchery summer-run chum hatchery programs.

(15) South-Central Cali- Oncorhynchus mykiss U.S.A.- CA, including all naturally 62 FR 43937; Aug 18, 70 FR 52488; Sep 2, fornia Coast spawned populations of steelhead 1997 2005 Steelhead (and their progeny) in streams from 71 FR 834; January 5, the Pajaro River (inclusive), located 2006 in Santa Cruz County, California, to (but not including) the Santa Maria River.

(16) Central California Oncorhynchus mykiss U.S.A.- CA, including all naturally 62 FR 43937; Aug 18, 70 FR 52488; Sep 2, Coast Steelhead spawned populations of steelhead 1997 2005 (and their progeny) in streams from 71 FR 834; January 5, the Russian River to Aptos Creek, 2006 Santa Cruz County, Californian (in- clusive), and the drainages of San Francisco and San Pablo Bays eastward to the Napa River (inclu- sive), Napa County, California. Ex- cludes the Sacramento-San Joa- quin River Basin of the Central Val- ley of California.

(17) California Central Oncorhynchus mykiss U.S.A.- CA, including all naturally 63 FR 13347; Mar. 19, 70 FR 52488; Sep 2, Valley Steelhead spawned populations of steelhead 1998 2005 (and their progeny) in the Sac- 71 FR 834; January 5, ramento and San Joaquin Rivers 2006 and their tributaries, excluding steelhead from San Francisco and San Pablo Bays and their tribu- taries.

(18) Northern California Oncorhynchus mykiss U.S.A.- CA, including all naturally 65 FR 36074; June 7, 70 FR 52488; Sep 2, Steelhead spawned populations of steelhead 2000 2005 (and their progeny) in California 71 FR 834; January 5, coastal river basins from Redwood 2006 Creek in Humboldt County, Cali- fornia, to the Gualala River, inclu- sive, in Mendocino County, Cali- fornia.

(19) Upper Willamette Oncorhynchus mykiss U.S.A.- OR, including all naturally 62 FR 43937; Aug 18, 70 FR 52630; Sep 2, River Steelhead spawned populations of winter-run 1997 2005 steelhead in the Willamette River, 71 FR 834; January 5, Oregon, and its tributaries upstream 2006 from Willamette Falls to the Calapooia River, inclusive.

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Species1 Where Listed Citation(s) for Listing Citation for Critical Common name Scientific name Determination(s) Habitat Designation

(20) Lower Columbia Oncorhynchus mykiss U.S.A.- OR, WA, including all natu- 63 FR 13347; Mar 19, 70 FR 52630; Sep 2, River Steelhead rally spawned populations of 1998 2005 steelhead (and their progeny) in 71 FR 834; January 5, streams and tributaries to the Co- 2006 lumbia River between the Cowlitz and Wind Rivers, Washington, in- clusive, and the Willamette and Hood Rivers, Oregon, inclusive. Ex- cluded are steelhead in the upper Willamette River Basin above Wil- lamette Falls, Oregon, and from the Little and Big White Salmon Rivers, Washington.

(21) Middle Columbia Oncorhynchus mykiss U.S.A.- OR, WA, including all natu- 57 FR 14517; Mar 25, 70 FR 52630; Sep 2, River Steelhead rally spawned populations of 1999 2005 steelhead in streams from above 71 FR 834; January 5, the Wind River, Washington, and 2006 the Hood River, Oregon (exclusive), upstream to, and including, the Yakima River, Washington. Ex- cluded are steelhead from the Snake River Basin.

(22) Snake River Basin Oncorhynchus mykiss U.S.A.- OR, WA, ID, including all 62 FR 43937; Aug 18, 70 FR 52630; Sep 2, Steelhead naturally spawned populations of 1997 2005 steelhead (and their progeny) in 71 FR 834; January 5, streams in the Snake River Basin of 2006 southeast Washington, northeast Oregon, and Idaho.

(d) Marine Invertebrates

(1) Elkhorn coral Acropora palmata Wherever found. Includes United 71 FR 26852, May 9, NA States Florida, Puerto Rico, U.S. 2006 Virgin Islands, Navassa; and wider Caribbean Belize, Colombia, Costa Rica, Guatemala, Honduras, Mex- ico, Nicaragua, Panama, Venezuela and all the islands of the West In- dies.

(2) Staghorn coral Acropora cervicornis Wherever found. Includes United 71 FR 26852, May 9, NA States Florida, Puerto Rico, U.S. 2006 Virgin Islands, Navassa; and wider Caribbean Belize, Colombia, Costa Rica, Guatemala, Honduras, Mex- ico, Nicaragua, Panama, Venezuela and all the islands of the West In- dies.

(e) Marine Plants

(1) Johnson’s seagrass Halophila johnsonii Wherever found. U.S.A. - South- 63 FR 49035; Sep 14, 65 FR 17786; Apr 5, eastern FL between Sebastian Inlet 1998 2000 and north Biscayne Bay. 1 Species includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement, see 61 FR 4722, February 7, 1996), and evolutionarily significant units (ESUs) (for a policy statement, see 56 FR 58612, November 20, 1991). 2 Jurisdiction for sea turtles by the Department of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service, is limited to turtles while in the water.

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Authority: 16 U.S.C. 1531–1543; subpart B, normal business hours at the National In the North Pacific, whaling for right § 223.201–202 also issued under 16 U.S.C. Marine Fisheries Service, Protected whales began in the Gulf of Alaska 1361 et seq.; 16 U.S.C. 5503(d) for Resources Division, Alaska Region,709 (known to whalers as the ‘‘Northwest § 223.206(d)(9). W. 9th Street, Juneau, AK. The final rule, Ground’’) in 1835 (Webb, 1988). Right Dated: June 27, 2006. maps, and other materials relating to whales were extensively hunted in the John Oliver, this proposal can be found on the NMFS western North Pacific in the latter half Deputy Assistant Administrator for Alaska Region website http:// of the 19th century, and by 1900 were Operations, National Marine Fisheries www.fakr.noaa.gov/. scarce throughout their range. Right Service. whales were protected worldwide in FOR FURTHER INFORMATION CONTACT: Brad 1935 through a League of Nations [FR Doc. 06–6017 Filed 7–5–06; 8:45 am] Smith, (907) 271–3023, or Marta agreement. However, because neither BILLING CODE 3510–22–S Nammack, (301) 713–1401. Japan nor the USSR signed this SUPPLEMENTARY INFORMATION: The agreement, both nations asserted DEPARTMENT OF COMMERCE Endangered Species Act of 1973, as authority to continue hunting right amended [16 U.S.C. 1531, et seq.] (ESA), whales until 1949 when the newly- National Oceanic and Atmospheric grants authority to and imposes created International Whaling Administration requirements upon Federal agencies Commission (IWC) endorsed this ban. regarding endangered or threatened Despite this ban, a total of 23 North 50 CFR Part 226 species of fish, wildlife, or plants, and Pacific right whales were legally killed [Docket No. 051018271–6157–02; I.D. habitats of such species that have been by Japan and the USSR under Article 101405C] designated as critical. The U.S. Fish and VIII of the International Convention for Wildlife Service (FWS) and the NMFS the Regulation of Whaling (1946), which RIN 0648–AT84 share responsibility for administering permits the taking of whales for scientific research purposes. However, it Endangered and Threatened Species; the ESA. Endangered and threatened is now known that the USSR illegally Revision of Critical Habitat for the species under the jurisdiction of NMFS caught many right whales in the North Northern Right Whale in the Pacific are found in 50 CFR 224.101 and Pacific (Doroshenko, 2000; Brownell et Ocean 223.102, and include the endangered northern right whale. al., 2001). In the eastern North Pacific, AGENCY: National Marine Fisheries 372 right whales were killed by the Background and Previous Federal Service, National Oceanic and Soviets between 1963 and 1967; of Actions Atmospheric Administration, these, 251 were taken in the Gulf of Commerce. The northern right whale is a member Alaska south of Kodiak, and 121 in the southeastern Bering Sea (SEBS). These ACTION: Final rule. of the family Balaenidae and is closely related to the right whales that inhabit takes devastated a population that, SUMMARY: We, the National Marine the Southern Hemisphere. Right whales while undoubtedly small, may have Fisheries Service (NMFS), issue a final are large baleen whales that grow to been undergoing a slow recovery rule to revise the current critical habitat lengths and weights exceeding 18 (Brownell et al., 2001). for the northern right whale (Eubalaena meters and 100 tons, respectively. They As a result of this historic and recent glacialis) by designating additional are filter feeders whose prey consists hunting, right whales today are among areas within the North Pacific Ocean. exclusively of zooplankton. Right the most endangered of all whales Two specific areas are designated, one whales attain sexual maturity at an worldwide. Right whales were listed in 1970 following passage of the in the Gulf of Alaska and another in the average age of 8–10 years, and females Endangered Species Conservation Act Bering Sea, comprising a total of produce a single calf at intervals of 3– (ESCA) of 1969, and automatically approximately 95,200 square kilometers 5 years (Kraus et al., 2001). Their life granted endangered status when the (36,750 square miles) of marine habitat. expectancy is unclear, but is known to ESCA was repealed and replaced by the As described in the impacts analysis reach 70 years in some cases (Hamilton ESA. Right whales are also protected prepared for this action, we considered et al., 1998; Kenney, 2002). the economic impacts, impacts to under the Marine Mammal Protection Right whales are generally migratory, Act of 1972. We issued a Recovery Plan national security, and other relevant with at least a portion of the population impacts and concluded that the benefits for the northern right whale in 1991, moving between summer feeding which covered both the North Atlantic of exclusion of any area from the critical grounds in temperate or high latitudes habitat designation do not outweigh the and North Pacific (NMFS, 1991). Some and winter calving areas in warmer researchers consider the North Pacific benefits of inclusion. As a result, we did waters (Kraus et al., 1986; Clapham et not exclude any areas from the right whale to exist in discrete eastern al., 2004). In the North Pacific, and western populations. Brownell et designation. We solicited information individuals have been observed feeding and comments from the public in a al. (2001) noted that there was no in the Gulf of Alaska, the Bering Sea and evidence for exchange between the proposed rule. This final rule is being the Sea of Okhotsk. Although a general issued to meet the deadline established western and eastern Pacific, and that the northward movement is evident in two populations had different recovery in a remand order of the United States spring and summer, it is unclear histories; consequently, they argued that District Court for the Northern District whether the entire population these stocks should be treated as of California. undertakes a predictable seasonal separate for the purpose of management, DATES: This rule becomes effective migration, and the location of calving a division which we have acknowledged August 7, 2006. grounds remains completely unknown in Stock Assessment Reports (Angliss ADDRESSES: Comments and materials (Scarff, 1986; Scarff, 1991; Brownell et and Lodge, 2004). received, as well as supporting al., 2001; Clapham et al., 2004; Shelden In the western North Pacific (the Sea documentation used in the preparation et al., 2005). Further details of of Okhotsk and adjacent areas), current of this final rule, are available for public occurrence and distribution are abundance is unknown but is probably inspection by appointment during provided below. in the low to mid-hundreds (Brownell et

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al., 2001). There is no estimate of would take to propose any revisions to the extent of the critical habitat from abundance for the eastern North Pacific that designated critical habitat that 27,700 to 24,000 square miles but retain (Bering Sea, Aleutian Islands and Gulf might be supported by new information approximately 99 percent of all of Alaska), but sightings are rare. Most and analysis (68 FR 51758; August 28, sightings. biologists believe the current population 2003). Response: The proposed boundaries is unlikely to exceed a hundred We issued a proposed rule on reasonably represent the area in which individuals, and is probably much November 2, 2005 (70 FR 66332), to sightings of feeding right whales have smaller. Prior to the illegal Soviet revise current critical habitat for the occurred and which are most likely to catches of the 1960s, on average, 25 northern right whale in the North describe current concentrations of whales were observed each year in the Pacific Ocean. zooplankton prey (i.e., primary eastern North Pacific (Brownell et al., constituent elements, or PCEs). We have Previous Federal Action and Related 2001); in contrast, the total number of closely followed the provisions of the Litigation records in the 35 years from 1965 to ESA and Federal regulations by 1999 was only 82, or an average of 2.3 In October 2000, we were petitioned premising this designation on the whales per annum. by the Center for Biological Diversity to current existence of the PCEs within the Since 1996, NMFS and other surveys revise the critical habitat for the geographic area occupied by the species (directed specifically at right whales or northern right whale by designating an at the time of listing. The area described otherwise) have detected small numbers additional area in the North Pacific by the proposed critical habitat of right whales in the SEBS, including Ocean. In February 2002, we announced boundary encompasses a high an aggregation estimated at 24 animals our decision that we could not designate percentage of all sightings since the in the summer of 2004. Photo- critical habitat at that time because the right whale was listed as endangered identification and genetic data have essential biological and habitat under the ESA in 1973 (182 of 184). As identified 17 individuals from the requirements of the population were not discussed in more detail below in Bering Sea, and the high inter-annual sufficiently understood. However, in response to Comment 9, we consider resighting rate further reinforces the June 2005, a Federal court found this these more recent records to be reliable idea that this population is small. Right reasoning invalid and remanded the indicators of current feeding whales have also been sighted in the matter to us for further action (Center distribution, and, therefore, of the northern Gulf of Alaska, including a for Biological Diversity v. Evans, Civ. presence of the PCEs. Given the very sighting in August 2005. However, the No. 04–4496, N.D. Cal. June 14, 2005). limited survey effort, we believe that the overall number of northern right whales In compliance with that order, we are sightings used to delineate the critical using habitats in the North Pacific other revising the current critical habitat for habitat are significant, and that there is than the Bering Sea is not known. this species by designating areas within no reasonable basis upon which to The taxonomic status of right whales the Gulf of Alaska and Bering Sea as revise the proposed boundary to worldwide has recently been revised in critical habitat under the ESA. exclude sightings near the southern and light of genetic analysis (see Rosenbaum western boundaries. et al., 2000; Gaines et al., 2005). Summary of Comments and Responses Comment 2: The area designated as Applying a phylogenetic species We requested comments on the critical habitat is arbitrary because there concept to molecular data separates proposed rule to revise critical habitat is no obvious correlation between right whales into three distinct species: for the northern right whale (70 FR zooplankton abundance and the Eubalaena glacialis (North Atlantic), E. 66332; November 2, 2005). To facilitate distribution of the northern right whale. japonica (North Pacific), and E. australis public participation, the proposed rule Response: For the reasons described (Southern Hemisphere). We recognized was also made available on our regional in the section on Critical Habitat this distinction for the purpose of website. Comments were accepted via Identification and Designation below, management in a final rule published on standard mail, e-mail, and fax. we have concluded that consistent April 10, 2003 (68 FR 17560), but Additionally, a public hearing on this sightings of right whales - even of single subsequently determined that the action was held March 2, 2006, in individuals and pairs - in a specific area issuance of this rule did not comply Anchorage, Alaska. The public during spring and summer over a long with the requirements of the ESA, and comment period for the proposed rule period of time is sufficient information thus rescinded it (70 FR 1830; January was reopened between February 10 and that the area is a feeding area containing 11, 2005). At this time, right whales in March 9, 2006, so that additional suitable concentrations of zooplankton. the North Atlantic and North Pacific are comments submitted at or in response to Proposed Critical Habitat is Too Small both officially considered to be the hearing were considered in the ‘‘northern right whales’’ (Eubalaena promulgation of the final rule. Comment 3: The proposed glacialis) under the ESA; however, right We have considered all public designations fail to address unoccupied whales in the North Pacific often are comments, and we address them in the right whale habitat. Additional areas referred to as E. japonica, given the following summary. For readers’ outside of the known range of the wide acceptance of this taxon in both convenience we have assigned northern right whale at the time of ESA the scientific literature and elsewhere comments to major issue categories, listing should be included in this (e.g., by the IWC). and, where possible, have combined designation. similar comments into single comments Response: Section 3(5)(A)(i) of the Critical Habitat Designation History and responses. ESA requires us to identify specific Three areas in the North Atlantic areas within the geographical area Ocean were designated as critical Size of Proposed Critical Habitat is Too occupied by the species that contain habitat for northern right whales in Large physical or biological features that may 1994: the Great South Channel, Cape Comment 1: The southern and require special management Cod Bay, and waters of the Southeastern western boundaries of the proposed considerations or protection. Section United States off Florida and Georgia. In critical habitat in the Bering Sea are 3(5)(A)(ii) requires that specific areas rejecting a petition to revise designated based on very few right whale sightings. outside the geographical area occupied critical habitat, we outlined steps we Eliminating these areas would reduce by the species only fall within the

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definition of critical habitat if the those occurring in the designated Comment 9: NMFS should review Secretary determines that the area is critical habitats. data from the past century and designate essential for conservation. Our Response: The ESA defines critical critical habitat for areas where right regulations further provide that we will habitat, in part, as those areas occupied whale concentrations overlay known designate unoccupied areas ‘‘only when by the species at the time of listing on areas of prey abundance. a designation limited to [the species’] which the identified PCEs are found. Response: We considered the utility present range would be inadequate to Although the current sighting data may of historic data in identifying and ensure the conservation of the species be biased by effort, they are the best designating critical habitat. Many (50 CFR 424.12(e)).’’ The ESA requires available data that can be used as a records of the commercial whalers are the Secretary to designate critical proxy for PCEs to determine whether general in nature, and do not provide habitat at the time of listing. If critical PCEs are found on the designated areas. specific locations, information on the habitat is not then determinable, the We have insufficient basis to conclude numbers of whales present at the time Secretary may extend the period by 1 that the PCEs are found in other areas of the sighting or harvest, nor year, ‘‘but not later than the close of for which we do not have sighting data descriptions of their behavior (e.g., such additional year the Secretary must that can be used as a proxy for the whether the sightings indicated feeding publish a final regulation, based on such presence of PCEs. behavior). Therefore, we concluded that data as may be available at that time, Comment 6: The precautionary the more recent sightings data from the designating, to the maximum extent principle requires NMFS to designate time of listing represented the best prudent, such habitat.’’ other areas with similar habitat evidence of the current presence of the We found no information that would conditions as critical habitat. PCEs in specific feeding areas. support designation of critical habitat in Response: As explained above in Comment 10: Critical habitat should unoccupied areas. While historic data response to Comment 2, we have used be designated to include those physical include sightings and other records of recent sighting records of feeding right features which promote fronts, northern right whales outside of the whales as a proxy for the location of upwelling, and dynamic advection of geographic area occupied by the species PCEs necessary to describe critical nutrient-rich waters that promote prey at the time it was listed, we do not have habitat. The ESA does not permit productivity. information allowing us to determine designation of ‘‘similar’’ areas unless the Response: Research on northern right that the specific areas within the PCEs are found in these areas. We do whales has found these animals are able geographical area occupied by the not have information indicating that the to locate prey in certain densities species are inadequate for conservation, PCEs are found on areas other than needed to meet their metabolic needs. such that unoccupied areas are essential those designated. Recent research indicates that right for conservation. Comment 7: The designation should whales are feeding specialists that Comment 4: The extent of the areas include State of Alaska waters because require exceptionally high densities of proposed for designation as critical these waters and the proposed critical prey (Baumgartner and Mate, 2003; habitat in the North Pacific Ocean habitat areas have nearly identical Baumgartner, et al., 2003). The physical would not be sufficient to provide for ecological characteristics. and biological parameters necessary to the recovery of the northern right whale. Response: We have used recent produce these ‘‘lenses’’ of highly Response: Our ability to identify sighting records of feeding right whales concentrated zooplankton in the North critical habitat as defined in the ESA is as a proxy for the location of PCEs Pacific are not understood. While the limited by the level of information necessary to describe critical habitat. All commenter identifies features that available to describe the biology and relevant sightings occurred outside of provide for the production of ecology of the northern right whale in the territorial sea of the State of Alaska, zooplankton and may act as forcing the North Pacific Ocean. We have and we were, therefore, unable to mechanisms for the concentration of identified two specific feeding areas conclude that the PCEs are found in these zooplankton, we currently lack within which are found biological State of Alaska waters. Therefore, these information on whether those features features essential to the conservation of waters do not meet the definition of actually concentrate the prey into the species and which may require critical habitat and cannot be designated aggregations sufficiently dense to special management considerations or as such even though they may have encourage and sustain feeding by right protection. We may revise this physical features similar to the features whales. Lacking such information, we designation in the future as additional found in the designated areas. rely on the presence of zooplankton, as information regarding the habitat and Comment 8: Our data demonstrate evidenced by feeding right whales, to biological and ecological needs of the right whales are found through Unimak identify critical habitat as required by right whale becomes available. For Pass and eastward to Kodiak Island. the ESA. example, the designation may be revised These waters also contain important to encompass additional areas in which features or serve important biological Primary Constituent Elements zooplankton concentrations are found to needs and should be added to the areas Comment 11: Feeding areas should be occur or the physical or biological proposed for designation. identified as a PCE for the northern right features that comprise suitable calving Response: We have few data whale. grounds when the locations of those describing the migratory movements of Response: NMFS regulations at 50 grounds become known. northern right whales in the North CFR 424.12(b) state that, ‘‘[i]n Comment 5: The proposed Pacific Ocean. While it is likely right determining what areas are critical designation is negatively biased in that whales move through major ocean habitat, the Secretary shall consider it is based on sighting effort, which is passes, we cannot determine at this time those physical and biological features not consistent over the range of the which passes right whales use. We will that are essential to the conservation of northern right whale. Therefore, the continue to collect information on the a given species and that may require designation should be expanded to right whale’s habitat use to identify special management considerations or compensate for this bias. Both right migration corridors and determine protection. Such requirements include, whales and the PCEs are likely to occur whether PCEs are found within these but are not limited to the following: elsewhere in densities equivalent to areas. food, water, air, light, minerals, or other

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physiological or ecological have developed a critical habitat commercial fishing industry is requirements.’’ The regulations also designation that will protect the habitat extending this outreach to the shipping state that, ‘‘[p]rimary constituent features essential to right whale industry and to Russian fisheries. elements may include, but are not conservation. Prohibitions and Activities in Critical limited to, the following: roost sites, Research Habitat nesting grounds, spawning sites, feeding sites, seasonal wetland or dryland, Comment 14: More research is needed Comment 17: Critical habitat must be water quantity or quality, host species to describe PCEs for the northern right protected from more than just activities or plant pollinator, geologic formation, whale. that may affect zooplankton. Protection vegetation type, tide, and specific soil Response: Our Alaska Region, the is also needed from the effects of ship types.’’ We relied on the presence of National Marine Mammal Laboratory, strikes, fishing gear interaction, changes feeding right whales to identify and other NOAA components are now in sea temperatures and environmental indirectly the specific areas within involved in research on the northern conditions caused by humans. which the PCEs are currently found. We right whale in the North Pacific Ocean. Response: The commenter suggests believe that this approach identifies We understand that there is a need to that we may designate critical habitat feeding areas to the best of our ability better identify and describe the habitat solely to prevent ships strikes and within the constraints imposed by for these whales along with their basic fishing gear interactions (i.e., ‘‘take’’) of available data. biology, and we will continue to individual right whales. We conclude Comment 12: PCEs are defined too conduct and advocate research in this that, at the current time, vessel and gear narrowly in the proposed rule. By area. interactions do not affect the whales’ Comment 15: NMFS should increase defining PCEs as only the zooplankton, habitat, but rather are take issues which efforts to place radio tags on right NMFS has created a situation in which are prohibited by section 9 of the ESA oil and gas exploration activity, fishing whales. Response: Our scientists, in and are properly addressed in jeopardy or fishery related activities, and analyses in section 7 consultations on processing waste discharge activities collaboration with scientists from the Greenland Institute of Natural Federal actions or in incidental take would not result in the adverse permit applications evaluated pursuant modification of the critical habitat. Resources, have recently published the results from the first successful tagging to section 10 of the ESA. As noted above Response: We have reviewed the in the response to comment 16, we have available science and life requisites of of a North Pacific right whale in the Bering Sea (Wade et al., 2006 in Biology no record of a ship striking a right whale the northern right whale, and have in the North Pacific Ocean and no identified the PCEs described in this Letters). A satellite-monitored radio tag record of fishing gear interaction in rule. Adverse modification of the attached to one of two whales tagged in waters of the North Pacific Ocean under critical habitat would result from the Bering Sea functioned for 40 days U.S. jurisdiction, despite the presence of Federal agency actions that impair the and helped lead to the discovery of at NMFS-certified fishery observers aboard function of the PCEs to the extent the least two calves and the largest group of crab and groundfish fishing vessels PCEs would not provide for the right whales observed in this region operating in these waters. The conservation needs of the right whales. since the 1960s. Although we have no likelihood of such interactions must be For example, our analysis concludes immediate plans to tag additional right evaluated by Federal agencies in section that Outer Continental Shelf (OCS) oil whales in 2006, we agree that such work 7 consultations. Moreover, section 9 of and gas exploration and production has is a high priority and should continue. the potential to adversely affect the Comment 16: NMFS should dedicate the ESA already prohibits such take. PCEs through impaired water quality, to more effort to study vessel interaction We have designated this critical the extent that the PCEs would not serve and collision avoidance by right whales. habitat based upon the presence of their conservation function, resulting in Response: A photographic record is zooplankton aggregated in sufficient adverse modification of the critical being gathered as new right whale concentrations to encourage and sustain habitat. sightings are recorded from dedicated right whale feeding. At this time we do As more research is completed and research efforts in the Bering Sea and not have sufficient knowledge of the we learn more of the biological and Gulf of Alaska. A review of these biology and habitat requirements of ecological requirements of right whales photographs is planned to look for right whales in the North Pacific Ocean in the North Pacific, we may identify evidence of entanglement and ship to identify PCEs related to water additional PCEs and propose additional strikes. We have no reports of fishing temperatures or other environmental revisions of the critical habitat. gear interaction with right whales conditions. Comment 13: NMFS should follow within U.S. waters in the North Pacific, Comment 18: Oil and gas the example of the Steller’s eider and although there is one record suggestive development is incompatible with the spectacled eider by identifying PCEs to of a fishing gear interaction with a right ecology and economy of Bristol Bay and include all marine waters of appropriate whale in the eastern North Pacific the Northeast Pacific Region. Major oil depths, along with the underlying within waters outside U.S. jurisdiction. spills, related discharges, seismic marine benthic community. Collisions with ships have been a major activity, and ship strikes are all oil and Response: PCEs will vary depending source of mortality of right whales in gas-related actions which constitute on the biology, life history, and behavior the North Atlantic Ocean. However, we adverse modification of critical habitat. of the species. Right whales frequent a have found no record of any collisions Response: Federal agencies variety of marine habitats and do not in the North Pacific Ocean. authorizing, funding or carrying out appear constrained by water depth, Nevertheless, the fishing industry, actions that may affect designated temperature or salinity. We believe that through the Marine Conservation critical habitat must consult with us in identifying the PCEs for right whales Alliance, has recently taken action to pursuant to section 7 of the ESA. as species of zooplankton in areas where increase awareness of this issue among Federal agencies must insure that the they concentrate in sufficient densities commercial fishing vessels operating in actions they authorize, fund or carry out to encourage and sustain feeding, we Alaska, and has distributed literature are not likely to destroy or adversely have adhered to the ESA definition and and informational posters. The modify critical habitat or jeopardize the

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continued existence of the northern over litigation commenced by other Concerns about ‘‘the possibility of any right whale. persons pursuant to the citizen suit even hypothetical future impacts on Comment 19: Specific, focused provision and cannot evaluate the fishing activity’’ are purely speculative. reference to the oil and gas industry as commenter’s assertions because they are Thus, we see no reason to change our representing a threat to the proposed speculative. However, we note that conclusion that the benefits of right whale critical habitat should be economic activities that do not impact excluding this area from the designation removed from the rule. the conservation value of the critical do not outweigh the benefits of Response: Oil and gas activities are habitat for the right whale are unlikely including the area. discussed in this final rule because of to be affected significantly by the citizen Comment 24: In addition to the the potential for impacts to critical suit provision. recommended exclusions of areas in the habitat from these activities. However, Comment 21: Designation of critical south and west of the proposed critical although we recognize there is a habitat will lead to regulatory creep and habitat for northern right whales in the potential for impacts, the amount of increased costs through added EBS to accommodate commercial future anticipated OCS oil and gas consultations and mitigation measures fishing, the northern boundary should related activities in the proposed right imposed by the Federal Government. be moved south (reduced) from the whale critical habitat and the regulatory Response: As noted in the response to proposed 58°00′ N. to 57°30′ N., owing requirements imposed by Minerals comment 20, the designation requires to the presence of economically Management Service (MMS) on OCS each Federal agency to insure that any significant commercial fishing activity operators to minimize the potential for action it authorizes, funds or carries out (bottom trawling) traditionally adverse impacts suggest that right whale is not likely to destroy of adversely conducted there. critical habitat would not be adversely modify critical habitat. Each Federal Response: For the same reasons cited modified. Further, any potential risks of agency proposing an action that may in the response to comment 23 adverse modification from specific oil affect critical habitat must consult with immediately above, we find no basis for and gas activities will be analyzed and us. The designation of critical habitat is changing our conclusion that the addressed in the context of a section 7 likely to result in additional benefits of excluding the area do not consultation where Federal agencies are consultation costs, although these outweigh the benefits of including it in required to ensure that the actions they additional costs are difficult to quantify. the designation. authorize, fund or carry out are not The designation of critical habitat may, Comment 25: A substantial portion likely to destroy or adversely modify in some circumstances, result in (especially the southern and eastern critical habitat or jeopardize the additional mitigation for Federal actions sections) of the critical habitat proposed continued existence of the northern that affect the critical habitat. All of to be designated in the EBS coincides right whale. We have had extensive ESA these additional costs are identified to with OCS Leasing Areas projected to Section 7 consultations with the MMS the extent practicable in the impacts have high to moderate natural gas regarding oil and gas leasing action on analyses prepared for the proposed and production potential, and moderate oil the Alaska OCS, none of which has final rule and would be borne largely by production potential. The economic and resulted in a determination that OCS oil the Federal agencies involved in or development benefits of these areas (in and gas activities were likely to affected by the consultations. particular, the Aleutian Basin Area) jeopardize the continued existence of justify their exclusion under provisions any listed species or destroy or Economic Considerations of the ESA. adversely modify critical habitat. In Comment 22: NMFS has correctly Response: This comment presumably addition, we found in the impacts characterized both the economic refers to the ‘‘Aleutian Basin Area,’’ analysis prepared for the proposed rule significance of commercial fishing to the which is a different area far to the west that oil and gas exploration, region, States, and the nation, and the (south of Navarin Basin and north of development, and commercial effective absence of the possibility that Bowers Basin) and is not associated production represent a relatively low commercial fishing can destroy or with the proposed critical habitat area. risk to critical habitat for the right adversely modify the proposed critical The comment should instead refer to the whale. habitat for northern right whales in the North Aleutian Basin, which overlaps Comment 20: Designation of critical Eastern Bering Sea (EBS) and Gulf of part of the proposed right whale critical habitat will open the citizen suit Alaska (GOA). habitat. provisions of the ESA and result in Response: Comment noted. However, the supporting materials litigation and delays in projects. Comment 23: While no adverse accompanying this and other comments Economic activities that are not economic or operational impacts on pertaining to petroleum development in impacting right whale recovery will be commercial fisheries are associated with the EBS suggest that the risks and negatively impacted. the proposed designation, a uncertainty associated with oil and gas Response: The ESA requires the modification of the southern and development in OCS areas that overlap Secretary to designate critical habitat to western boundaries (reduction) of the critical habitat do not justify the maximum extent prudent and critical habitat in the EBS makes sense exclusion of the area under section determinable. As a result of the and would reduce the possibility of any 4(b)(2) of the ESA. Based upon the best designation, section 7 of the ESA even hypothetical future impacts on available information, it appears that the requires each Federal agency to insure fishing activity. probability of oil or gas production that any action it authorizes, funds or Response: We find no compelling within (or immediately adjacent to) the carries out is not likely to destroy or reason to alter the boundaries of the right whale critical habitat is uncertain adversely modify the critical habitat. critical habitat on the basis of, and as within the 10-year timeframe of our The citizen suit provision of the ESA described in, this comment. The assessment. MMS reports that there are authorizes any person to commence a boundaries are based upon the best no commercial production facilities in civil suit to enjoin any other person, available information regarding the operation, currently under including a Federal agency, from location of zooplankton in sufficient development, or ’permitted’ for future violating any provision of the ESA, concentrations to encourage and sustain development within these critical including section 7. We have no control feeding by northern right whales. habitat areas. Neither has oil and gas

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exploration taken place in most of the the designation and discusses the fisheries, right whale avoidance EBS OCS region. numerous uncertainties associated with measures may be required in MMS has revealed that, while the oil and gas development in the critical commercial fisheries to avoid future industry desires to include the North habitat area. As a result of that analysis, interactions. These measures would be Aleutian Basin OCS Planning Area in we concluded that the economic required to prevent take of the the 2007–2012 Lease Sale program, this impacts do not outweigh the benefits of endangered right whale and would not is only possible through the rescission designating critical habitat and that be attributable to the designation of of a Presidential withdrawal of this (and exclusion of any areas from the critical critical habitat. adjacent) area(s) that is in effect until habitat designation pursuant to section Comment 29: The Executive OCS July 2012. Even if the withdrawal were 4(b)(2) of the ESA was not justified. Deferral through 2012 requires that the rescinded in time to include the North Comment 27: Inferences about the risk North Aleutian Basin be excluded from Aleutian Basin in the upcoming lease of fishing gear entanglements and/or the 5-year OCS leasing program. This sale offering, MMS projects that this vessel strikes of right whales in the remains a sound decision, and any specific area would likely not be ut up North Pacific, based upon such analysis of the proposed designation for lease sales until 2010 and again in experiences in the North Atlantic, are must recognize that restrictions on 2012, and then only if the area were to inappropriate and unsupported by petroleum development in the proposed be included in MMS lease sale evidence or data. The nature and areas impose no new economic costs to planning. Even in the most optimistic magnitude of fishing and other society. scenario envisioned by MMS analysts, economic activity within the two Response: Comment noted. substantial development (and certainly marine environments are fundamentally Comment 30: MMS estimates reserves commercial production) would involve different and not comparable. of 7 trillion cubic feet of natural gas and many years, perhaps even decades, of Response: As noted above in the 230 million barrels of oil in the North planning, design, review, consultation, response to comment 16, we have no Aleutian Basin. Approximately 20 and approval. Consequently, the record of a ship striking a right whale percent of the high prospective geologic prospects for oil and gas exploration in the North Pacific Ocean and no basin lies within the southeast corner of and development in this area are record of fishing gear interaction in the proposed critical habitat area uncertain at this time. Therefore, we waters of the North Pacific Ocean under (approximately 8 percent of the cannot conclude that the benefits of U.S. jurisdiction. Collisions with ships proposed designation of critical habitat excluding this area for oil and gas and entanglements in fishing gear have in the EBS). At risk, therefore, is about purposes exceed the benefits of resulted in right whale mortalities in the 20 percent of the estimated $19 billion inclusion. North Atlantic Ocean. The likelihood of in Federal revenues, an estimated 5,000 Comment 26: The communities such interactions in the critical habitat construction jobs, and sufficient located in remote western Alaska areas designated in the North Pacific supplies of natural gas necessary to adjacent to the proposed designation will be evaluated by Federal agencies in justify construction and operation of an chronically suffer from inadequate section 7 consultations. Moreover, liquefied natural gas facility in the area. economic development and section 9 of the ESA already prohibits Response: The above resource opportunity. The entire region would take resulting from ship strike and estimates are based on outdated benefit from economic diversification, fishing gear entanglements. information and should instead state such as that which would accompany Comment 28: The area of the EBS that, ‘‘MMS estimates resources of 8.6 oil and gas exploration and encompassed by the proposed critical trillion cubic feet of natural gas and 750 development. The proposed designation habitat boundaries contains the vast million barrels of oil in the North of critical habitat in the EBS could majority of groundfish, crab, and halibut Aleutian Basin (mean estimates).’’ increase the cost of, significantly delay, resources harvested by commercial As reported in MMS documents or even prevent such economic fisheries in this region. They have a submitted as public comment on the development, while contributing combined direct economic gross value proposed critical habitat designation, nothing to the conservation and of well over $1 billion dollars annually, leases issued in the 1998 North Aleutian recovery of the right whale population. and are vital to fishermen, processors, Basin lease sale (Sale 92) were Response: As we have noted and fishery-dependent communities in subsequently bought back, and, elsewhere in this final rule, the Alaska. NMFS should explain how, or therefore, a systematic drilling program designation requires each Federal if, designation of critical habitat for the has not been conducted in the area. agency to insure that any action it right whale would affect fishery Therefore, the size of the estimated authorizes, funds or carries out is not management actions that would be reserves remains unconfirmed. Given likely to destroy of adversely modify the pursued if the incidental take of a right the uncertainty surrounding the critical habitat. In furtherance of that whale were to occur in commercial existence of commercial quantities of requirement, each Federal agency fisheries. gas and oil in this area, it is impossible proposing action that may affect the Response: The impacts analyses to fully quantify the value of petroleum critical habitat must consult with us on prepared for this designation evaluate reserves in the area. The subsequent the effects of the action on the critical the likely impacts of critical habitat extrapolation that 5,000 jobs will be lost habitat. The ESA imposes these designation on commercial fisheries. and a liquified natural gas pipeline and requirements to avoid the likelihood of These analyses conclude that plant will be at risk is based only on this destruction or adverse modification of designation will impose minimal uncertainty regarding the amount of the habitat that is critical to the increased consultation costs on us, and exploitable natural gas and oil and conservation of the species. Federal that we do not expect any fishing or speculation regarding exploration and agency actions that do not affect the fishing related activity (e.g., at sea development. MMS data suggest that conservation value of the critical habitat processing, transiting) would be even the most optimistic scenario for right whales are unlikely to be restricted or otherwise altered as a result envisioned for this area’s development appreciably affected by this designation. of the designation. If an injurious or would involve many years, perhaps The impact analysis accompanying this lethal incidental take of a right whale decades, before these potentialities rule analyzes the economic impacts of were to occur in the commercial could be realized and only then if the

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moratorium on OCS activities in the modify critical habitat or jeopardize the Comment 35: A basic cost/benefit area is lifted. As noted in the response continued existence of the northern analysis conducted by the MMS is to comment 25 and in the economic right whale. submitted for petroleum activities in the analysis supporting this final rule, we Comment 33: Currently, neither the North Aleutian Planning Area to conclude that the benefits of excluding North Aleutian Basin nor the St. George demonstrate the economic potential and any particular area from the designation Basin Planning areas are available for revenues that may be associated with do not outweigh the benefits of lease, owing to the 2012 deferral order. commercial development. The overall inclusion based on the speculative Many steps must occur before a field in conclusion is economic benefits would nature of these impacts. either of these areas could reach accrue to Federal, state, and local Comment 31: Given the critical status production, and none of these steps are governments, as well as the Alaska of this species and the requirements of certain to occur. economy, if a leasing program in the sections 4 and 9 of the ESA, the need Response: According to MMS North Aleutian planning area results in for protection of right whales and documentation, the St. George Basin commercial development of gas and oil designation of critical habitat outweighs Planning Area is not part of the 2012 on the scale envisioned by the MMS any potential economic impacts of deferral order and could be considered modeling scenario. introducing such protection. It is also for leasing by MMS in the proposed Response: We reviewed the submitted important to consider the economic 2007 to 2012 OCS 5-year OCS Leasing economic analysis discussed in detail benefit of the survival of this species. (although it is currently not included in above in response to similar comments Response: For the reasons described the proposed plan). The comment on the potential value of oil and gas here and in the impacts analysis regarding the North Aleutian Basin reserves in the subject area. The MMS prepared for the designation, we Planning Area is noted. report points out the series of determined that the benefits of Comment 34: The proposed EBS assumptions based on available data excluding any particular area from the designation incorporates about one- and modeling that must be made about designation do not outweigh the third of the (oil and gas) high-potential fundamental aspects of the area’s benefits of inclusion. part of North Aleutian Basin and most petroleum potential to draw any Comment 32: NMFS has created, by conclusions about the value of its own admission, critical habitat that of the area of potential in St. George Basin. No exploration drilling has taken petroleum resources in the area and will not be adversely modified by oil or economic impacts of opening lease sales gas exploration activity. place in the North Aleutian Basin (one non-exploratory well was drilled in in this area. MMS did not ask us to Response: We have designated critical exclude any particular area within the habitat pursuant to the ESA, which 1983). Economic studies show that the marginal prices for the North Aleutian critical habitat area under section 4(b)(2) defines occupied critical habitat as areas of the ESA, and we find no compelling that contain those physical or biological Basin are well below current market prices, illustrating economically evidence that justifies an exclusion. features essential to the conservation of Indeed, at present, these areas are the species and which may require producible resources could exist at much lower than current prices, explicitly withdrawn from OCS lease special management considerations or sale by Presidential order. protection. We have consulted improving the area’s feasibility as a extensively with the MMS regarding oil potential energy source. If this area Other Comments and gas leasing action on the Alaskan becomes available for leasing, pre-lease Comment 36: NMFS should designate OCS, and we concur that none of these oil and gas exploration reveals critical habitat as marine sanctuaries consultations has resulted in a commercial quantities of petroleum, because this would protect other marine determination that OCS oil and gas market conditions remain favorable, and assets such as corals. activities were likely to jeopardize the commercial discoveries are of a scale to Response: The National Marine continued existence of any listed support liquified natural gas exports, Sanctuary Program is administered by species or destroy or adversely modify then the direct revenues to Federal, the National Oceanic and Atmospheric critical habitat. In addition, we found in state, and local governments could Administration’s National Ocean the impacts analysis prepared for the approach $15 billion over a 30-year life Service. Designation of areas as marine proposed rule that oil and gas cycle. Indirect benefits and economic sanctuaries is beyond the scope of this exploration, development, and multiplier effects to the Alaska economy action to designate critical habitat commercial production represent a are also likely to be several billions of pursuant to the ESA. relatively low risk to critical habitat for dollars. Comment 37: NMFS should recognize the right whale. Although we recognize Response: MMS documentation notes the voluntary conservation efforts of the there is a potential for impacts, the that the ‘‘one non-exploratory well fishing industry towards public amount of future anticipated OCS oil drilled in 1983’’ refers to the COST well awareness and avoidance of vessel and gas related activities in the that provides information on strikes. proposed right whale critical habitat stratigraphy, which informs the Response: We have recognized and and the regulatory requirements evaluation of resource potential and appreciate the efforts of the fishing imposed by MMS on OCS operators to planning of an exploration effort. industry to educate fishery participants minimize the potential for adverse Otherwise, as noted in response to an to recognize right whales and use impacts suggest that right whale critical earlier comment, the conclusions avoidance techniques to mitigate certain habitat would not be destroyed or referenced in this comment are possible effects of fishing on this adversely modified. Further, any predicated upon a number of endangered species. potential risks of adverse modification hypothetical actions and outcomes and Comment 38: The Federal Register from specific oil and gas activities will a fundamental assumption of the value notice should include data on the be analyzed and addressed in the of petroleum resources in the area. The seasonal occurrence of right whales in context of an ESA section 7 consultation probability of occurrence of each of the proposed critical habitat areas, where Federal agencies must insure that these actions is uncertain at this time, present an analysis of vessel and fishing the actions they authorize, fund or carry as is the value of petroleum resources in gear interaction based on photographic out are not likely to destroy or adversely the area. evidence, and discuss the effects of

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climate change and variable ice patterns and the regulatory requirements designating critical habitat. The on zooplankton. imposed by MMS on OCS operators to northern right whale was listed as Response: The seasonal occurrence of minimize the potential for adverse endangered in 1973. Prior to the onset right whales in the critical habitat areas impacts suggest that right whale critical of commercial whaling in 1835, right is described here as generally during habitat would not be destroyed or whales were widely distributed across spring and summer. Specific months are adversely modified. Further, any the North Pacific (Scarff, 1986; Clapham identified for certain sighting data. potential risks of destruction or adverse et al., 2004; Shelden et al., 2005). By Acoustic data provide some additional modification from specific oil and gas 1973, the northern right whale in the insight to the seasonal occurrence; activities will be analyzed and Pacific Ocean had been severely acoustic recording packages deployed in addressed in the context of an ESA reduced by commercial whaling. the SEBS recorded right whale calls section 7 consultation where Federal Sighting data from this remnant from May through November (Munger et agencies must insure that the actions population are too sparse to identify the al., 2000). This action is to designate they authorize, fund or carry out are not range of these animals in 1973. critical habitat in the North Pacific for likely to destroy or adversely modify However, no reason exists to suspect the right whale; analysis of vessel and critical habitat or jeopardize the that the right whales that remain alive gear interaction are take issues which continued existence of the northern today inhabit a substantially different are properly addressed in ESA section 7 right whale. range than right whales alive during the consultations on Federal actions Comment 40: There is no evidence time of the Soviet catches; indeed, given authorizing fisheries or in incidental that commercial trawling in the North the longevity of this species, it is likely take permit applications evaluated Pacific or EBS results in any adverse that some of the individuals who pursuant to section 10 of the ESA, and impacts on the benthic environment, survived that whaling episode remain therefore are not included with this and certainly none that could adversely extant. Both the SEBS and the western final rule. We have no reliable impact the PCEs identified under the GOA (shelf and slope waters south of information regarding the effects of proposed designation of critical habitat Kodiak) have been the focus of many climate change and variable ice patterns in these areas. sightings (as well as the illegal Soviet on zooplankton production, Response: Comment noted. We have catches) in recent decades. In general, distribution, and concentration in the considered the potential impact of the majority of northern right whale North Pacific. commercial fishing, including trawling, sightings (historically and in recent Comment 39: The Alaska OCS oil and on the described PCEs. Although we times) in the Northeast Pacific have gas leasing program has existed for 30 conclude that these activities may affect occurred from about 40§ N to 60§ N years, during which time the MMS has the PCEs, we find it unlikely that these latitude. There are historical records demonstrated that industry activities activities would result in destruction or from north of 60§ N latitude, but these can be carried out in a manner that does adverse modification of critical habitat. are rare and are likely to have been not jeopardize the continued existence We concur that bottom trawling does misidentified bowhead whales. Right of threatened or endangered species, or not likely have the potential to destroy whales have on rare occasions been adversely affect designated critical or adversely modify right whale critical recorded off California and Mexico, as habitat. habitat by impacting the identified well as off Hawaii. However, as noted Response: We have consulted PCEs. We take no position on the by Brownell et al. (2001), there is no extensively with the MMS regarding oil commenter’s assertion that there is no evidence that either Hawaii or the west and gas leasing actions on the Alaskan evidence that commercial trawling in coast of North America from OCS, and we concur that none of these the North Pacific or EBS results in any Washington State to Baja California has been determined likely to jeopardize adverse impacts on the benthic were ever important habitats for right the continued existence of any listed environment, because the benthic whales. Given the amount of whaling species or destroy or adversely modify effects of trawling are not the subject of effort as well as the human population critical habitat designated for another the current critical habitat designation density in these regions, it is highly listed marine mammal species, the action. unlikely that substantial concentrations Steller sea lion. In addition, we found Critical Habitat Identification and of right whales would have passed in the impacts analysis prepared for the Designation unnoticed. Furthermore, no proposed rule that oil and gas archaeological evidence exists from the exploration, development, and Geographical Area Occupied by the U.S. west coast suggesting that right commercial production represent a Species at the Time of Listing whales were the target of local native relatively low risk to critical habitat for The ESA defines critical habitat (in hunts. Consequently, the few records the right whale. Although we recognize part) as areas within the geographical from this region are considered to there is a potential for impacts that area occupied by the species at the time represent vagrants. The geographical could result in destruction or adverse it was listed under the ESA. Because area occupied by the northern right modification of critical habitat, the this geographical area has not been whale at the time it was listed under the amount of future anticipated OCS oil previously described for the northern ESA extends over a broad area of the and gas related activities in the right whale in the Pacific Ocean, it is North Pacific Ocean as depicted in proposed right whale critical habitat necessary to establish this range when Figure 1.

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Unoccupied Areas July 2005. Unfortunately, many data listed species.’’ We considered whether ESA section 3(5)(A)(ii) further defines gaps exist in our knowledge of the the zooplankton in areas where they critical habitat to include ‘‘specific areas ecology and biology of these whales, concentrate in densities sufficient to outside the geographical area occupied’’ and very little is known about the PCEs support and encourage feeding, which if the areas are determined by the that might be necessary for their have been identified as the PCEs for the Secretary of Commerce (Secretary) to be conservation. The life-requisites of these northern right whale in the North ‘‘essential for the conservation of the whales for such factors as temperatures, Pacific Ocean, may require special species.’’ 50 CFR 424.12(e) specifies that depths, and substrates are unknown, or management considerations or NMFS ‘‘shall designate as critical may be highly variable. One certainty is protection. the metabolic necessity of prey species Zooplankton can be affected by habitat areas outside the geographical to support feeding by right whales. physical and chemical alterations area presently occupied by a species Examination of harvested whales in the within the water column both by natural only when a designation limited to its North Pacific and limited plankton tows processes such as global climate change present range would be inadequate to near feeding right whales in recent years or the Pacific Decadal Oscillation, as ensure the conservation of the species.’’ show that several species of large well as by pollution from various We are not designating any areas not copepods and other zooplankton potential sources, including oil spills occupied at the time of listing because constitute the primary prey of the and discharges resulting from oil and it is not known whether any unoccupied northern right whale in the North gas drilling and production. The OCS areas are essential to the conservation of Pacific Ocean. oil and gas exploration and the species. Future revisions to the The PCEs for the northern right whale development permits or authorizations critical habitat of the northern right in the North Pacific Ocean are species already are routinely conditioned with whale may consider new information of large copepods and other operational restraints, mitigative which might lead to designation of areas zooplankton in areas where they measures, or technological changes to outside the area occupied by these concentrate in densities sufficient to protect the marine environment from whales. support and encourage feeding. these impacts. While such management Physical or Biological Features Essential Specifically, these are: Calanus measures and protections are not to the Conservation of the Species marshallae, Neocalanus cristatus, N. necessarily designed to protect these (Primary Constituent Elements) plumchris. and Thysanoessa raschii, a zooplankton in right whale feeding euphausiid whose very large size, high areas per se, they could be useful in In determining what areas are critical lipid content and occurrence in the protecting these PCEs for the habitat, 50 CFR 424.12(b) requires that region likely makes it a preferred prey conservation of northern right whales in NMFS consider those physical or item for right whales (J. Napp, pers. the North Pacific Ocean. Therefore, we biological features that are essential to comm.). Although the proposed rule find that these PCEs may require special the conservation of a given species and referred to each of these species of management considerations or that may require special management zooplankton as a ‘‘copepod,’’ the final protection. considerations or protection, including rule correctly identifies T. raschii as a Critical Habitat space for individual and population euphausiid. A description of the critical growth and for normal behavior; food, habitat areas below establishes the The current abundance of northern water, air, light, minerals, or other presence of these PCEs within those right whales in the North Pacific Ocean nutritional or physiological areas. In addition to the physical is considered to be very low in relation requirements; cover or shelter; sites for presence of these PCEs within the to historical numbers or their habitat’s breeding, reproduction, and rearing of critical habitat, it is likely that certain carrying capacity, which is not offspring; and habitats that are protected physical forcing mechanisms are determined. The existence of a from disturbance or are representative of present that act to concentrate these persistent concentration of right whales the historical geographical and prey in densities that allow for efficient found within the SEBS since 1996 is ecological distribution of a species. The foraging by right whales. Evidence somewhat extraordinary in that it may regulations further direct NMFS to indicates that there may in fact be represent a substantial portion of the ‘‘focus on the principal biological or critical or triggering densities below remaining population. These areas of physical constituent elements . . . that which right whale feeding does not concentration where right whales feed are essential to the conservation of the occur. The PCEs essential for the are characterized as containing the PCEs species,’’ and specify that the ‘‘[k]nown conservation of the northern right whale described above. We consider these primary constituent elements shall be in the North Pacific and these physical feeding areas, supporting a significant listed with the critical habitat forcing or concentrating mechanisms assemblage of the remaining right description.’’ The regulations identify contribute to the habitat value of the whales in the North Pacific, to be PCEs as including, but not limited to: areas to be designated. essential for right whale conservation. ‘‘roost sites, nesting grounds, spawning For the reasons given below, we have sites, feeding sites, seasonal wetland or Special Management Considerations or based designation of critical habitat on dryland, water quality or quantity, host Protection these areas, rather than where right species or plant pollinator, geological An occupied area may be designated whales have appeared sporadically or in formation, vegetation type, tide, and as critical habitat if it contains physical transit. We have been able to specific soil types.’’ An area must and biological features that are essential substantiate the assumption that these contain one or more PCEs to be eligible to conservation and that ‘‘may require areas are right whale feeding areas by for designation as critical habitat; an special management considerations or observations of feeding behavior, direct area lacking a PCE may not be protection.’’ 50 CFR 424.02(j) defines sampling of plankton near feeding right designated in the hope it will acquire ‘‘special management considerations or whales, or records of stomach contents one or more PCEs in the future. protection’’ to mean ‘‘any methods or of dead whales. These assumptions Our scientists considered PCEs for the procedures useful in protecting physical underlie the critical habitat areas shown northern right whale in the Pacific and biological features of the in Figure 2 and described below. Two Ocean during a workshop held during environment for the conservation of areas are designated, as depicted in

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Figure 2: an area of the SEBS and an area south of Kodiak Island in the GOA.

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Shelden et al. (2005) reviewed prey numbers sometimes indicate transient Existence of the PCEs Within the Critical and habitat characteristics of northern passage through an area and thus cannot Habitat Southeastern Bering Sea Slope right whales in the North Pacific. They be unequivocally linked with feeding Waters noted that habitat selection is often behavior. However, while sporadic associated with features that influence sightings of right whales in such small The Bering Sea slope is a very abundance and availability of the numbers generally would not be productive zone, sometimes referred to whales’ prey. Right whales in the North considered a reliable indication of a as the ’Greenbelt,’ where annual Pacific are known to prey upon a variety feeding area, consistent sightings of primary production can exceed that on of zooplankton species. Availability of right whales - even of single individuals the adjacent shelf and basin by 60 these zooplankton greatly influences the and pairs - in a specific area in spring percent and 270 percent, respectively distribution of the small North Pacific and summer over a long period of time (Springer et al., 1996). Physical population on their feeding grounds in is sufficient indication that the area is processes at the shelf edge, such as the SEBS and GOA. Right whales are a feeding area containing suitable intensive tidal mixing, eddies and up- known to feed on zooplankton patches concentrations of zooplankton. canyon flow, bring nutrients to the of very high density, and these patches Therefore, in the absence of data that surface, thereby supporting enhanced may typically be small and describe the densities, as well as productivity and elevated biomass of unpredictably distributed over space presence, of the PCEs themselves, the phytoplankton, zooplankton, and fish. and time (Mayo and Marx, 1990). distribution of right whales is used here Northern right whales in the western Typical zooplankton sampling is too as a proxy for the existence of suitably North Pacific have been observed in broad-scale in nature to detect patches dense zooplankton patches and thus to association with oceanic frontal zones of these densities, and directed studies identify the areas designated as critical that produce eddies southeast of employing fine-scale sampling cued by habitat. We have used sighting records Hokkaido Island, Japan, and southeast the presence of feeding right whales are since the time of listing to make this of Cape Patience (Mys Terpeniya), the only means of doing this (Mayo and determination because these records are Sakhalin Island, in the Okhotsk Sea Marx, 1990). Accordingly, there may be more recent and are taken to be a more (Omura et al., 1969). Whether or not the no obvious correlation between the reliable indicator of current distribution Bering Slope Current, or eddies shed abundance and distribution of than historical sightings, especially from it, support production or entrain zooplankton (as measured by broad- given that most of the latter relate to scale oceanographic sampling) and the animals that were removed from the right whale prey is unknown. distribution of right whales (M. population by whaling. From August to October in 1955 and Baumgartner, in prep.) In light of this, 1956, Soviet scientists observed Southeastern Bering Sea we must rely upon the whales aggregations of Calanus between the themselves to indicate the location of We designate critical habitat in the Pribilof Islands and the Aleutian Islands important feeding areas in the North Bering Sea (Figure 2), described as an (around 170§ W long.) that were Pacific. area delineated by a series of straight identified as C. finmarchicus, though, as Aggregations of right whales in high lines connecting the following mentioned above, were probably C. ° ′ latitudes can be used with high coordinates in the order listed: 58 00 N/ marshallae (Klumov, 1963). Flint et al. ° ′ ° ′ ° ′ ° ′ confidence as an indicator of the 168 00 W; 58 00 N/163 00 W; 56 30 (2002) also report high concentrations of ° ′ ° ′ ° ′ presence of suitable concentrations of N/161 45 W; 55 00 N/166 00 W; C. marshallae at frontal zones near the prey, and thus of feeding behavior by 56°00′ N/168°00′ W and returning to ° ′ ° ′ Pribilof Islands, with especially high the whales. Right whales feed daily 58 00 N/168 00 W. The area described biomass noted for the subthermohaline during spring and summer, and studies by these boundaries lies completely layer. This oceanographic front in the North Atlantic have consistently within the waters of the United States effectively separates slope and outer found an association between and its Exclusive Economic Zone, shelf Neocalanus spp. from the inshore concentrations of whales and feeding outside of waters of the State of Alaska. middle shelf community of C. State waters extend seaward for 3 behavior, with dense zooplankton marshallae (Vidal and Smith, 1986). patches recorded by oceanographic nautical miles; very few sightings Right whales were found on both sides sampling around such groups of whales occurred within this area. Right whale of this frontal zone (that coincides with (Mayo and Marx, 1990; Baumgartner et encounters occurring after ESA-listing the shelf break at 170 m) during both the al., 2003, 2003b). In the North Atlantic, in 1973 totaled 182 within this area, out 19th and 20th centuries. This is similar an analysis of sighting data by NMFS of 184 encounters north of the Aleutian indicated that a density of 4 or more Islands during this time period. to the habitat described by Baumgartner right whales per 100 nm2 was a reliable et al. (2003a) for right whales feeding in Gulf of Alaska indicator of a persistent feeding the North Atlantic. Six right whales that aggregation (Clapham and Pace, 2001), We designate critical habitat in the were caught under scientific permit in and this has been used for Dynamic GOA (Figure 2), described as an area late July-early August 1962–63 in Bering Area Management fisheries closures to delineated by a series of straight lines Sea slope waters had exclusively reduce the risk of right whales becoming connecting the following coordinates in consumed N. cristatus (C. cristatus: entangled in fishing gear in North the order listed: 57°03′ N/153°00′ W, Omura et al., 1969). Although oceanic Atlantic fisheries. While this metric is a 57°18′ N/151°30′ W, 57°00′ N/151°30′ species such as Neocalanus usually reliable indicator of the presence of W, 56°45′ N/153°00′ W, and returning to enter diapause and migrate to depths persistent feeding aggregations in the 57°03′ N/153°00′ W. The area described greater than 200 m by late summer in North Atlantic, it is not necessarily the by these boundaries lies completely the slope waters of the Bering Sea (Vidal only metric suitable for application in within the waters of the United States and Smith, 1986), right whales may still the North Pacific; the much smaller and its Exclusive Economic Zone. Right be able to use these resources by population of right whales in the eastern whale encounters occurring after ESA- targeting regions where the bottom North Pacific Ocean typically results in listing in 1973 totaled 5 within this area, mixed layer forces the zooplankton into sightings of single animals or pairs. out of 14 encounters in the GOA during shallower, discrete layers (e.g. Unlike with larger groups, such small this time period. Baumgartner et al., 2003a).

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Southeastern Bering Sea Middle-Shelf Gulf of Alaska individuals and pairs - in a specific area Waters The central GOA is dominated by the in spring and summer over an extended Alaskan gyre, a cyclonic feature that is period of time can be used with high The SEBS shelf has been the focus of confidence as an indicator of the intense oceanographic study since the demarcated to the south by the eastward flowing North Pacific Current and to the presence of the PCEs in a feeding area. late 1970s (e.g. Schumacher et al., 1979; We have used sighting records since the Coachman, 1986; Napp et al., 2000; north by the Alaska Stream and Alaska Coastal Current, which flow westward time of listing to make this Hunt et al., 2002a; Hunt et al., 2002b), near the shelf break. The bottom determination because these records are largely due to the considerable topography of this region is rugged and more recent and are taken to be a more commercial fishing effort in the area includes seamounts, ridges, and reliable indicator of current distribution (National Research Council, 1996). submarine canyons along with the of feeding whales than historical Coachman (1986) described the now abyssal plain. Strong semi-diurnal tides sightings, especially given that most of well-established hydrographic domains and current flow generate numerous the latter relate to animals that were of the inner-, middle- and outer-shelf, eddies and meanders (Okkonen et al., removed from the population by separated by a front or transition zone 2001) that influence the distribution of whaling and are thus no longer extant. at roughly the 50–m (inner front) and zooplankton. Of the 184 post-listing right whale 100–m (outer front) isobaths. During the Copepods are the dominant taxa of sightings reported north of the Aleutian 1990s, research focused on these mesozooplankton found in the GOA and Islands, 182 occurred within the critical domains demonstrated dynamic are patchily distributed across a wide habitat in the Bering Sea. Since 1996, advection of nutrient-rich Bering slope variety of water depths. Three large right whales have been consistently water onto the shelf in both winter and herbivorous species comprise more than sighted in this area over a period of summer, via eddies, meanders and up- 70 percent of the biomass: N. cristatus, years during the spring and summer canyon flow (Schumacher and Stabeno, N. plumchrus, and Eucalanus bungii feeding seasons. For example, NMFS 1998; Stabeno and Hunt, 2002). These (Cooney 1986, 1987). In northern GOA surveys alone recorded between two intrusions of nutrient-rich water, shelf waters, the late winter and spring and four sightings in 1996 (Goddard and physical factors related to water column zooplankton is dominated by calanoid Rugh, 1998), 13 sightings in 2000 (Le stratification, and long summer day copepods (Neocalanus spp.), with a Duc, et al) and over 23 sightings in length result in a very productive food production peak in May; this is a cycle 2004. Single right whales as well as web over the SEBS shelf (e.g., that appears resistant to environmental pairs and aggregations up to five Livingston et al.,1999; Napp et al., 2002; variability associated with El Nin˜ o/ animals were sighted during this period, 2 Coyle and Pinchuk, 2002; Schumacher Southern Oscillation (ENSO) (Coyle and and all sightings were within 100 nm et al., 2003). Specifically, copepod Pinchuk, 2003). In oceanic waters of one another. Based on consideration species upon which right whales feed (50§ N lat., 145§ W long.), N. plumchrus of these factors, we conclude that the (e.g. C. marshallae, Pseudocalanus spp. dominate (Miller and Nielsen, 1988; right whale sightings in the specific area and Neocalanus spp.) are among the Miller and Clemons, 1988) and have in the Bering Sea described in Figure 2 most abundant of the zooplankton demonstrated dramatic shifts in the are a suitable proxy for the presence of sampled over the middle shelf (Cooney timing of annual peak biomass from the PCEs, and, therefore, designate this and Coyle, 1982; Smith and Vidal, early May to late July (Mackas et al., area as critical habitat for the northern 1986). Small, dense patches (up to 1998). From late summer through right whale in the North Pacific Ocean. densities greater than 500 mg/m–3) of autumn, N. plumchrus migrate to deep Recent sightings of right whales are euphausiids (T. raschii, T. inermis), water ranging from 200 m to 2000 m fewer in number in the GOA than in the potential right whale prey, have also depending on location within the GOA Bering Sea. However, three individuals been reported for waters near the SEBS (Mackas et al., 1998). The three right were sighted recently in the critical inner front (Coyle and Pinchuk, 2002). whales caught under scientific permit habitat in the GOA. These sightings on August 22, 1961, south of Kodiak occurred at a time when right whales Zooplankton sampled near right Island had all consumed N. plumchrus typically feed in the North Pacific whales seen in the SEBS in July 1997 (C. plumchrus: Omura et al., 1969), Ocean. In July 1998, a single right whale included C. marshallae, P. newmani, potentially by targeting areas where exhibiting behavior consistent with and Acartia longiremis (Tynan, 1998). C. adult copepods remained above 200 m feeding activity was observed among a marshallae was the dominant copepod (e.g. Baumgartner et al., 2003a). group of about eight humpback whales found in these samples as well as The area designated as critical habitat (Waite, Wynne and Mellinger, 2003). In samples collected near right whales in within the SEBS presents several August 2004, a NMFS researcher the same region in 1999 (Tynan et al., similarities to that to be designated observed a single right whale among a 2001). C. marshallae is the only ‘‘large’’ within the GOA. Both areas are group of humpbacks. In August 2005, a calanoid species found over the SEBS influenced by large eddies, submarine NMFS researcher reported yet another middle shelf (Cooney and Coyle, 1982; canyons, or frontal zones that enhance sighting of a right whale within 250 to Smith and Vidal, 1986). Concentrations nutrient exchange and act to concentrate 500 meters of groups of humpback and of zooplankton were significantly higher prey. These areas lie adjacent to major fin whales. Acoustic monitoring of the in 1994–98 than in 1980–81 by at least ocean currents (the ACC and the area conducted in summer 2000 an order of magnitude (Napp et al., Aleutian ocean passes) and are recorded what appeared to be right 2002) and Tynan et al. (2001) suggest characterized by relatively low whale calls in the area on September 6 that this increased production may circulation and water movement (P. (Waite, Wynne and Mellinger, 2003). explain the presence of right whales in Stabeno, pers. com.). Compared to the Bering Sea sightings, middle shelf waters. However, at least the GOA right whale sightings do not three right whales were observed in Right Whale Sightings as a Proxy for provide as strong an indication of 1985 in the same location as the middle Locating the PCEs feeding behavior. However, individual shelf sightings reported in the late 1990s As noted above, consistent sightings right whales have been directly (Goddard and Rugh, 1998). of right whales - even of single observed in 1998, 2004, and 2005 and

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detected acoustically in 2000 during the secretary and the state with adequate therefore, we have not excluded any spring and summer feeding seasons in information to decide whether or not to areas from designation. We point out, the specific area in the GOA described ask the President to lift the current however, that if an injurious or lethal in Figure 2. It is also instructive that one withdrawal and allow a sale during the incidental take of a right whale were to of these animals was exhibiting feeding 2007 - 2012 program.’’ Through occur in the commercial fisheries, right behavior at the time it was observed. communication between NMFS and whale avoidance measures may be Based on consideration of these factors, MMS, and the MMS comments required in commercial fisheries to we conclude that the right whale submitted in response to publication of avoid future interactions. These sightings in the specific area in the GOA the proposed rule to revise critical measures, however, would be required described in Figure 2 are a reasonably habitat, we have a substantially fuller to prevent take of the endangered right reliable proxy for the presence of the understanding of the potential effects of whale and would not be attributable PCEs, and, therefore, designate this area critical habitat designation on the MMS solely to the designation of critical as critical habitat for the northern right OCS program. MMS has revealed that, habitat. whale in the North Pacific Ocean. while the industry desires to include the This action is anticipated to result in consultations on seafood processing Exclusions from Designation North Aleutian Basin OCS Planning Area in the 2007–2012 Lease Sale waste discharges with the Section 4 (b)(2) of the ESA states that program, this is only possible through Environmental Protection Agency critical habitat shall be designated on the rescission of a Presidential (EPA); Department of Defense (DoD) the basis of the best scientific and withdrawal of this (and adjacent) area(s) authorized military ‘‘underway commercial data available and after that is in effect until July 2012. Even if training’’ activities; and U.S. Coast taking into consideration the economic the withdrawal were rescinded in time Guard (USCG) oil spill response plan impact, impacts to national security, to include the North Aleutian Basin in approval, among others. It is unlikely and any other relevant impact. Any area the upcoming lease sale offering, MMS that these activities will result in an may be excluded from critical habitat if projects that this specific area would ‘‘adverse modification’’ finding and, the benefits of exclusion are found to likely not be put up for lease sales until thus, no mandatory modifications outweigh those of inclusion, unless 2010 and again in 2012, and then only would be imposed. It must follow then such exclusion would result in the if the area were to be included in MMS that no ‘‘costs’’ are imposed as a result extinction of the species. We are to lease sale planning. Even in the most of designation beyond the small costs apply the statutory provisions of the optimistic scenario envisioned by MMS attributable to inter-agency ESA, including those in section 3 that analysts, substantial development (and (occasionally intra-agency) consultation. define ‘‘critical habitat’’ and certainly commercial production) would As explained in the impacts analysis ‘‘conservation,’’ to determine whether a involve many years, perhaps even prepared for this action, some larger proposed action might result in the decades, of planning, design, review, benefit accrues to society as a result of destruction or adverse modification of consultation, and approval. designation, including the educational critical habitat. value derived from identification and Based upon the best available Consequently, the prospects for oil and gas exploration and development in this designation of the critical habitat areas information, it appears that the within which the PCEs are found. Thus, probability of oil or gas production area are uncertain at this time. Moreover, even if the withdrawal were we believe that the benefits of exclusion within (or immediately adjacent to) the are outweighed by the benefits of lifted and the area opened for right whale critical habitat is uncertain inclusion of the designated areas. exploration and development, monetary within the 10-year timeframe of our Our analysis (available on the NMFS assessment. MMS reports that there are benefits accruing from oil and gas Alaska Region website http:// no commercial production facilities in production in this area over the 10-year www.fakr.noaa.gov/) did not find any operation, currently under analytical horizon we used to evaluate specific areas that merit exclusion in development, or ’permitted’ for future the economic and socioeconomic consideration of economic impacts, nor development within these critical impacts of the critical habitat revision have we determined that national habitat areas. Neither has oil and gas are uncertain. Therefore, we cannot security interests or other relevant exploration taken place in most of the conclude that the benefits of excluding impacts warrant the exclusion of any EBS OCS region. this area for oil and gas purposes exceed specific areas from this designation. During the preparation of this final the benefits of inclusion. rule, we became aware that the oil and While we expect to consult on Effects of Critical Habitat Designation gas industry has expressed renewed fishery-related proposed actions that Section 4(b)(8) of the ESA requires interest in exploring for and developing ‘‘may affect’’ critical habitat, none of that we evaluate briefly and describe, in petroleum resources in the EBS, with these consultations would be expected any revision of designated critical most interest being expressed in the to result in a finding of ‘‘adverse habitat, those activities involving a North Aleutian Basin OCS Planning modification,’’ and thus none would be Federal action that may adversely Area. This OCS area resides in the expected to result in imposition of costs modify such habitat or that may be southeast corner of the proposed critical on commercial fishery participants. affected by such designation. A wide habitat, and, according to MMS Because fisheries do not target or affect variety of activities may affect critical estimates, represents approximately 8 the PCEs for northern right whales, it habitat and, when carried out, funded, percent of the total critical habitat area follows that no fishing or related or authorized by a Federal agency, being proposed for designation in the activity (e.g., at-sea processing, require that an ESA section 7 EBS. MMS also reports that the State of transiting) would be expected to be consultation be conducted. Such Alaska has announced support for oil restricted or otherwise altered as a result activities include, but are not limited to, and gas development in this region, of critical habitat designation in the two oil and gas leasing and development on although local groups are divided on the areas being designated. We did not find the OCS, Federal management of high issue. The Governor of Alaska stated any specific areas in which the costs seas fisheries in territorial waters and that ‘‘[he] hope[s] that public and exceed benefits for fishing activities that the Exclusive Economic Zone of the industry input will provide the may affect critical habitat, and, United States, dredge and fill, mining,

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pollutant discharges, other activities funded by, a Federal agency to estimates information and experience authorized or conducted by the Army undertake an action or activity that can presently provide. Corps of Engineers and the EPA, and ‘‘may affect’’ critical habitat for the On the basis of the underlying military training exercises and other northern right whale. Submission of biological, oceanographic, and functions of the U.S. armed forces. such a request for a Federal agency’s ecological science used to identify the This designation of critical habitat approval or funding, from a small entity, PCEs that define critical habitat for the will provide these agencies, private would require that agency (i.e., the right whale in the Pacific, as well as the entities, and the public with clear ‘‘action agency’’) to consult with NMFS foregoing assumptions, empirical data, notification of the existence of critical (i.e., the ‘‘consulting agency’’). historical information, and accumulated habitat for northern right whales and the Consultations vary, from simple to experience regarding human activity in boundaries of the habitat. This complex, depending on the specific the BSAI and GOA, we recognize the designation will also assist these facts of each action or activity for which potential for oil and gas exploration and agencies and others in evaluating the application is made. Attributable costs production activity to destroy or potential effects of their activities on are directly proportionate to complexity. adversely modify northern right whale critical habitat and in determining if In the majority of instances projected to critical habitat, though adverse ESA section 7 consultation with us is take place under the critical habitat modification is unlikely. needed. designation, these costs are expected to As previously indicated, MMS has authority over OCS oil and gas Required Determinations accrue solely to the Federal agencies that are party to the consultation. In permitting. An examination of Regulatory Planning and Review only the most complex of formal published information from the MMS Alaska Region reveals that three MMS This rule has been determined to be consultations might it be expected that a private sector applicant could OCS planning areas overlap some significant for purposes of Executive portion of the northern right whale Order (E.O.) 12866. As part of our potentially incur costs directly attributable to the consultation process critical habitat areas. Previously, we exclusion process under section 4(b)(2) have consulted extensively with the itself. Furthermore, if destruction or of the ESA, the economic benefits and MMS regarding oil and gas leasing adverse modification of critical habitat costs of the critical habitat designations actions on the Alaskan OCS, and we is found at the conclusion of formal are described in our draft economic concur that none of these has been consultation, the applicant must report (NMFS, 2005). This approach is determined likely to jeopardize the implement modifications to avoid such in accord with OMB’s guidance on continued existence of any listed effects. These modifications could result regulatory analysis (OMB Circular A–4, species or destroy or adversely modify in adverse economic impacts. Regulatory Analysis, September 17, critical habitat. In addition, we found in 2003). An examination of the Federal the impacts analysis prepared for the agencies with management, proposed rule that oil and gas Regulatory Flexibility Act (5 U.S.C. 601 enforcement, or other regulatory et seq.) exploration, development, and authority over activities or actions commercial production represent a Under the Regulatory Flexibility Act within, or immediately adjacent to, the relatively low risk to critical habitat for (5 U.S.C. 601 et seq., as amended by the critical habitat area, resulted in the the right whale. Although we recognize Small Business Regulatory Enforcement following list. Potential action agencies there is a potential for impacts that Fairness Act (SBREFA) of 1996), may include: the EPA, USCG, DoD, could result in destruction or adverse whenever an agency is required to MMS, and NMFS. Activities or actions modification of critical habitat, the publish a notice of rulemaking for any with a nexus to these Federal agencies amount of future anticipated OCS oil proposed or final rule, it must prepare that are expected to require consultation and gas related activities in the and make available for public comment include: EPA permitting of seafood proposed fright whale critical habitat a regulatory flexibility analysis that processing waste discharges at-sea; and the regulatory requirements describes the effects of the rule on small USCG oil spill response plan approval, imposed by MMS on OCS operators to entities (i.e., small businesses, small as well as emergency oil spill response; minimize the potential for adverse organizations, and small government DoD authorization of military training impacts suggest that right whale critical jurisdictions). We have prepared an activities in the Bering Sea and Aleutian habitat would not be destroyed or initial regulatory flexibility analysis Islands (BSAI) and GOA; MMS oil and adversely modified. Further, any (IRFA) for the proposed rule and a final gas exploration and production potential risks of destruction or adverse regulatory flexibility analysis (FRFA) for permitting; and NMFS fishery modification from specific oil and gas this final rule incorporating the IFRA management actions in the BSAI and activities will be analyzed and and comments received on the GOA. addressed in the context of an ESA economic impacts of the rule. These A 10-year post-designation analytical section 7 consultation where Federal documents are available upon request horizon was adopted, during which agencies must insure that the actions (see ADDRESSES). These Regulatory time we may reasonably expect to they authorize, fund or carry out are not Flexibility Act analyses evaluate the consult an estimated 27 times on critical likely to destroy or adversely modify potential effects of the critical habitat habitat-related actions with one or more critical habitat or jeopardize the designation on federally regulated small of the action agencies identified above. continued existence of the northern entities. The reasons for the action, a The majority of the consultations are right whale. statement of the objectives of the action, expected to be informal, projected to Further, MMS sources indicate that in and the legal basis for the rule are represent approximately 52 percent of only one of these has there been any discussed earlier in the preamble. A the total. The more complex and costly exploratory well drilling (i.e., St. George summary of the analyses follows. formal consultations are projected to Basin). A total of 10 exploratory wells The small entities that may be directly account for, perhaps, 37 percent; while were permitted, all of which were regulated by this action are those that the simplest and least costly pre- completed in 1984 and 1985, and no seek formal approval (e.g., a permit) consultation are expected 11 percent of subsequent associated exploration from, or are otherwise authorized or the time. These figures reflect the best activity occurred. It appears that there

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has been no activity on the part of the Because our analysis did not identify Unfunded Mandates Reform Act (2 lease holders in this or the other costs to any small entities attributable to U.S.C. 1501 et seq.) referenced areas to seek authorization to the critical habitat designation action, In accordance with the Unfunded undertake additional exploratory there is no identified alternative that Mandates Reform Act, we make the activity or develop production facilities. imposes lesser impacts on this group following findings: MMS reports no planned or scheduled while achieving the requirements of the (a) This final rule will not produce a OCS lease sales for these areas, at least ESA and the objectives of this action. Federal mandate. In general, a Federal through 2007 (the latest projected date The action does not impose new mandate is a provision in legislation, MMS has published on its web site). recordkeeping or reporting requirements statute or regulation that would impose This suggests that the only private on small entities. The analysis did not an enforceable duty upon State, local, sector entities that potentially could be reveal any Federal rules that duplicate, tribal governments, or the private sector directly regulated and adversely overlap or conflict with the final action. and includes both ‘‘Federal impacted by the designation would be No comments were received on the intergovernmental mandates’’ and those entities that own the lease rights IRFA identifying analytical deficiencies ‘‘Federal private sector mandates.’’ to develop oil and gas production or objecting to the reported RFAA These terms are defined in 2 U.S.C. facilities in these areas. However, interpretations and conclusions 658(5) (7). ‘‘Federal intergovernmental during the preparation of the proposed mandate’’ includes a regulation that rule we became aware that the oil and Military Lands ‘‘would impose an enforceable duty gas industry has expressed recent The Sikes Act of 1997 (Sikes Act) (16 upon state, local, or tribal governments’’ interest in exploring and developing oil with two exceptions. It excludes ‘‘a and gas resources in the North Aleutian U.S.C. 670a) required each military installation that includes land and water condition of Federal assistance.’’ It also Basin OCS Planning Area and that the excludes ‘‘a duty arising from State of Alaska announced support for suitable for the conservation and management of natural resources to participation in a voluntary Federal this activity. program,’’ unless the regulation ‘‘relates When MMS records were consulted as complete, by November 17, 2001, an to a then-existing Federal program to the identity of the entities holding Integrated Natural Resource under which $500,000,000 or more is leases to the wells in the St. George Management Plan (INRMP). The recent provided annually to state, local, and Basin, six businesses were listed for the National Defense Authorization Act for tribal governments under entitlement 10 permitted exploratory wells. These Fiscal Year 2004 (Public Law No. 108– include: SHELL Western E&P Inc. (2 136) amended the ESA to limit areas authority,’’ if the provision would wells); ARCO Alaska Inc. (3 wells); eligible for designation as critical ‘‘increase the stringency of conditions of EXXON Corp. (2 wells); Mobile Oil habitat. Specifically, section 4(a)(3)(B)(I) assistance’’ or ‘‘place caps upon, or Corp. (1 well) (now merged with of the ESA (16 U.S.C. 1533(a)(3)(B)(I)) otherwise decrease, the Federal EXXON); GULF Oil Corp. (1 well); and now provides that ‘‘[t]he Secretary shall Government’s responsibility to provide CHEVRON USA Inc. (1 well). These not designate as critical habitat any funding’’ and the State, local, or tribal data were last updated, according to the lands or other geographical areas owned governments ‘‘lack authority’’ to adjust MMS website, March 17, 2005. None of or controlled by the Department of accordingly. (At the time of enactment, these entities could reasonably be Defense, or designated for its use, that these entitlement programs were: characterized as ‘‘small,’’ for RFA are subject to an integrated natural Medicaid; Aid to Families with purposes. All are widely recognized resources management plan prepared Dependent Children work programs; multi-national corporations and employ under section 101 of the Sikes Act (16 Child Nutrition; Food Stamps; Social more than ‘‘500 full-time, part-time, U.S.C. 670a), if the Secretary determines Services Block Grants; Vocational temporary, or any other category of in writing that such plan provides a Rehabilitation State Grants; Foster Care, employees, in all of their affiliated benefit to the species for which critical Adoption Assistance, and Independent operations worldwide’’ (the criterion habitat is proposed for designation.’’ We Living; Family Support Welfare specified by SBA for assessing entity have determined no military lands Services; and Child Support size for this sector). would be impacted by this rule. Enforcement.) ‘‘Federal private sector Under the Regulatory Flexibility Act, mandate’’ includes a regulation that the preferred alternative was compared E.O. 13211 ‘‘would impose an enforceable duty to the ‘‘No Action’’ (or status quo) upon the private sector, except (i) a On May 18, 2001, the President issued alternative and an alternative proposed condition of Federal assistance; or (ii) a an Executive Order on regulations that by the petitioner, the Center for duty arising from participation in a significantly affect energy supply, Biological Diversity. NMFS rejected the voluntary Federal program.’’ The distribution, and use. E.O. 13211 ‘‘No Action’’ alternative because it did designation of critical habitat does not not comply with the remand order in requires agencies to prepare Statements impose a legally binding duty on non- Center for Biological Diversity v. Evans, of Energy Effects when undertaking any Federal government entities or private Civ. No. 04–04496 (N.D. Cal. June 14, action that promulgates or is expected to parties. Under the ESA, the only 2005) or satisfy the agency’s obligations lead to the promulgation of a final rule regulatory effect is that Federal agencies under the ESA. NMFS rejected the or regulation that (1) is a significant must ensure that their actions do not petitioner’s alternative because the best regulatory action under E.O. 12866 and destroy or adversely modify critical scientific information available did not (2) is likely to have a significant adverse habitat under section 7. While non- support a finding that the physical or effect on the supply, distribution, or use Federal entities who receive Federal biological features essential for of energy. funding, assistance, permits or conservation of the right whale in the We have considered the potential otherwise require approval or North Pacific Ocean are found impacts of this action on the supply, authorization from a Federal agency for throughout the area identified by the distribution, or use of energy and find an action may be indirectly impacted by petitioner, and thus the area did not the designation of critical habitat will the designation of critical habitat, the meet the ESA definition of critical not have impacts that exceed the legally binding duty to avoid habitat. thresholds identified above. destruction or adverse modification of

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critical habitat rests squarely on the Paperwork Reduction Act of 1995 (44 upon request from the NMFS office in Federal agency. Furthermore, to the U.S.C. 3501 et seq.) Juneau, Alaska (see ADDRESSES). extent that non-Federal entities are This final rule does not contain new List of Subjects in 50 CFR Part 226 indirectly impacted because they or revised information collection for Endangered and threatened species. receive Federal assistance or participate which OMB approval is required under in a voluntary Federal aid program, the the Paperwork Reduction Act. This rule Dated: June 29, 2006. Unfunded Mandates Reform Act would will not impose recordkeeping or William T. Hogarth, not apply; nor would critical habitat reporting requirements on State or local Assistant Administrator for Fisheries, shift the costs of the large entitlement governments, individuals, businesses, or National Marine Fisheries Service. programs listed above to state organizations. An agency may not I For the reasons set out in the governments. conduct or sponsor, and a person is not preamble, 50 CFR part 226 is amended (b) Due to the prohibition against take required to respond to, a collection of to read as follows: of this species both within and outside information unless it displays a PART 226—DESIGNATED CRITICAL of the designated areas, we do not currently valid OMB control number. HABITAT anticipate that this final rule will National Environmental Policy Act significantly or uniquely affect small I We have determined that an 1. The authority citation of part 226 governments. As such, a Small environmental analyses as provided for continues to read as follows: Government Agency Plan is not under the National Environmental Authority: 16 U.S.C. 1533. required. Policy Act of 1969 for critical habitat I 2. In § 226.203, the section heading Takings designations made pursuant to the ESA and the introductory text are revised; is not required. See Douglas County v. paragraphs (a), (b), and (c) are In accordance with E.O. 12630, this Babbitt, 48 F.3d 1495 (9th Cir. 1995), redesignated as paragraphs (a)(1), (a)(2), final rule does not have significant cert. denied, 116 S.Ct. 698 (1996). and (a)(3), respectively; and new takings implications. A takings Government-to-Government paragraph (a) heading and paragraph (b) implication assessment is not required. Relationship With Tribes are added to read as follows: The designation of critical habitat The longstanding and distinctive § 226.203 Critical habitat for northern right affects only Federal agency actions. whale (Eubalaena glacialis). Private lands do not exist within the relationship between the Federal and Critical habitat is designated in the critical habitat and therefore would not tribal governments is defined by North Atlantic Ocean, Bering Sea, and be affected by this action. treaties, statutes, executive orders, judicial decisions, and agreements, the Gulf of Alaska for the northern right Federalism which differentiate tribal governments whale as described in paragraphs (a) from the other entities that deal with, or and (b) of this section. The textual In accordance with E.O. 13132, this are affected by, the Federal Government. descriptions of critical habitat are the final rule does not have significant This relationship has given rise to a definitive source for determining the federalism effects. A federalism special Federal trust responsibility critical habitat boundaries. General assessment is not required. In keeping involving the legal responsibilities and location maps are provided for critical with Department of Commerce policies, obligations of the United States toward habitat in the North Pacific Ocean for we have requested information from, Indian Tribes and the application of general guidance purposes only, and not and will coordinate development of, fiduciary standards of due care with as a definitive source for determining this critical habitat designation with respect to Indian lands, tribal trust critical habitat boundaries. appropriate State of Alaska resource resources, and the exercise of tribal (a) North Atlantic Ocean. * * * agencies. The designation may have rights. E.O. 13175 - Consultation and * * * * * some benefit to State and local resource Coordination with Indian Tribal (b) North Pacific Ocean—(1) Primary agencies in that the areas essential to the Governments- outlines the Constituent Elements. The primary conservation of the species are more responsibilities of the Federal constituent elements essential for clearly defined, and the PCEs of the Government in matters affecting tribal conservation of the northern right whale habitat necessary to the survival of the interests. are the copepods Calanus marshallae, northern right whale are specifically We have determined designation of Neocalanus cristatus, and N. plumchris, identified. critical habitat for the northern right and the euphausiid Thysanoe¨ssa whale in the North Pacific Ocean would raschii, in areas of the North Pacific Civil Justice Reform not have tribal implications, nor affect Ocean in which northern right whales any tribal governments or issues. None are known or believed to feed, as In accordance with E.O. 12988, the of the critical habitat occurs on tribal described in paragraphs (b)(2) and (3) of Department of the Commerce has lands or affects tribal trust resources or this section. determined that this final rule does not the exercise of tribal rights. In addition, (2) Bering Sea. An area described by unduly burden the judicial system and as discussed above and in the economic a series of straight lines connecting the meets the requirements of sections 3(a) analysis supporting this rulemaking, we following coordinates in the order and 3(b)(2) of the E.O. We are consider economic impacts of listed: designating critical habitat in designation on oil and gas activity in the 58°00′ N/168°00′ W accordance with the provisions of the area to be speculative. 58°00′ N/163°00′ W ESA. This final rule uses standard 56°30′ N/161°45′ W property descriptions and identifies the References Cited 55°00′ N/166°00′ W PCEs within the designated areas to A complete list of all references cited 56°00′ N/168°00′ W assist the public in understanding the in this rulemaking can be found on the 58°00′ N/168°00′ W. habitat needs of the northern right NMFS Alaska Region’s website at http:// (3) Gulf of Alaska. An area described whale. www.fakr.noaa.gov/ and is available by a series of straight lines connecting

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the following coordinates in the order 57°18′ N/151°30′ W (4) Maps of critical habitat for the listed: 57°00′ N/151° 30′ W northern right whale in the North ° ′ ° ′ ° ′ ° ′ 56 45 N/153 00 W Pacific Ocean follow: 57 03 N/153 00 W 57°03′ N/153°00′ W.

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[FR Doc. 06–6014 Filed 6–30–06; 1:05 pm] of fish in the Convention Area. The for the Pacific Tuna Fisheries found at BILLING CODE 3510–22–S Convention Area for this purpose is 50 CFR 300.25. defined to include the waters of the ETP This action responds to the best bounded by the coast of the Americas, available information obtained from the DEPARTMENT OF COMMERCE the 40° N. and 40° S. parallels, and the fishery. For the reasons set forth below, 150° W. meridian. The IATTC has the Assistant Administrator for National Oceanic and Atmospheric maintained a scientific research and Administration fishery monitoring program for many Fisheries (AA) finds good cause under years and annually assesses the status of 5 U.S.C. § 553(b)(B) to waive the 50 CFR Part 300 stocks of tuna and the fisheries to requirement for prior notice and opportunity for public for this action, [Docket No. 050719189–5286–03; I.D. determine appropriate harvest limits or 062706A] other measures to prevent which closes the U.S. bigeye tuna overexploitation of tuna stocks and longline fishery in the IATTC RIN 0648–AT33 promote viable fisheries. Under the Convention Area for the remainder of the 2006 fishing season. Similarly, the International Fisheries; Pacific Tuna Tuna Conventions Act, 16 U.S.C. 951– Fisheries; Restrictions for 2006 962, NMFS must publish regulations to AA finds good cause to waive the 30- Longline Fisheries in the Eastern carry out IATTC recommendations and day delay in the effective date for this Tropical Pacific Ocean; Fishery resolutions that have been approved by action under 5 U.S.C. 553(d)(3). Closure DOS. The Southwest Regional Providing prior notice and opportunity Administrator also is required by for public comment is impracticable and AGENCY: National Marine Fisheries regulations at 50 CFR 300.25(b)(3) to contrary to the public interest because it Service (NMFS), National Oceanic and issue a direct notice to the owners or would take time to effectuate, resulting Atmospheric Administration (NOAA), agents of U.S. vessels that operate in the in continued harvest of bigeye tuna by Department of Commerce. ETP of actions recommended by the the U.S. longline fleet over the 2001 ACTION: Temporary rule; closure. IATTC and approved by the DOS. A catch levels. Exceeding the quota notice to the fleet was sent May 31, violates US obligations to conserve SUMMARY: NMFS is closing the U.S. 2005, advising the U.S. bigeye tuna longline fishery for bigeye tuna in the longline fleet of the bigeye tuna quota in bigeye tuna under the Convention. In Inter-American Tropical Tuna the ETP for the 2005 and 2006 fishing 2003, 2004, and 2005, IATTC stock Commission (IATTC) Convention Area years. The 150–mt quota and procedure assessment scientists concluded that the for the remainder of 2006, because the to close the U.S. longline bigeye fishery bigeye tuna stock is at a level below that bigeye tuna catch in the Convention upon reaching the quota in 2006 was which would produce the average Area has reached the 150–metric ton established by a final rule published on maximum sustainable yield. (mt) limit for 2006. This action, November 22, 2005 (70 FR 70549). Furthermore, NOAA has determined implemented under the regulations for The IATTC recommended and the that bigeye tuna in the Pacific are the Pacific Tuna Fisheries will DOS approved a measure whereby the subject to overfishing, using the contribute to efforts to end overfishing U.S. longline fishery for bigeye tuna in standards for ‘‘overfishing’’ in the of bigeye tuna in the eastern tropical the Convention Area will close for the Magnuson-Stevens Fishery Pacific Ocean (ETP), consistent with remainder of calendar year 2006 if the Conservation and Management Act, 16 recommendations by the IATTC that catch of bigeye tuna by U.S. longline U.S.C. § 1801 et seq. At this time, the have been approved by the Department vessels in the Convention Area reaches public’s interests are best served by of State (DOS) under the Tuna 150 mt (the amount estimated to have immediately closing this fishery. Conventions Act. This action is been caught by the U.S. longline fishery Closing this fishery now will ensure that intended to limit fishing mortality on in the Convention Area in 2001). The the U.S. does not exceed the U.S. measure recommended by the IATTC the bigeye tuna stock caused by longline longline bigeye tuna quota, and will and approved by DOS states that no fishing in the Convention Area and contribute to maintaining the bigeye contribute to the long-term conservation bigeye tuna may be caught and retained by a nation’s longline bigeye tuna tuna stocks at levels that will sustain the of the bigeye tuna stock at levels that stocks at maximum sustainable yield for support healthy fisheries. vessels in the Convention Area during the remainder of the calendar year 2006 the future. For the same reasons, the AA DATES: Effective 12:01 a.m. (0001 hrs) also finds good cause to waive the 30- Hawaii Standard Time (HST) on July 6, once the nation’s longline harvest of bigeye in the Convention Area has day delay in the effective date of this 2006, through 12:01 a.m. (0001 hrs) HST action under 5 U.S.C. § 553(d)(3). on January 1, 2007. reached the nation’s catch level for bigeye tuna harvested in the Convention This action is authorized by 50 CFR FOR FURTHER INFORMATION CONTACT: J. Area by longline in 2001. Allison Routt, Sustainable Fisheries 300.25(b), and is exempt from review NMFS has determined that the 150– under Executive Order 12866. Division, Southwest Region, NMFS, mt catch level has been reached, and (562) 980–4030. hereby closes the U.S. longline fishery Authority: 16 U.S.C. 951–961 et seq. SUPPLEMENTARY INFORMATION: The for bigeye tuna in the Convention Area Dated: June 29, 2006. United States is a member of the IATTC, for the remainder of the year 2006. It is, James P. Burgess, which was established under the therefore, prohibited for a U.S. longline Convention for the Establishment of an Acting Director, Office of Sustainable bigeye tuna vessel to catch and retain Fisheries, National Marine Fisheries Service. Inter-American Tropical Tuna bigeye tuna in the Convention Area [FR Doc. 06–6015 Filed 6–30–06; 1:19 pm] Commission signed in 1949 from the effective date of this action (Convention). The IATTC was through December 31, 2006. BILLING CODE 3510–22–S established to provide an international arrangement to ensure the effective Classification international conservation and This action is consistent with the management of highly migratory species Tuna Conventions Act and regulations

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DEPARTMENT OF COMMERCE Area 2C and Area 3A based on the requirements, Russian Federation, constant exploitation yield (CEY) for Transportation, Treaties, Wildlife. National Oceanic and Atmospheric halibut in Area 2C and Area 3A. When Dated: June 29, 2006. Administration the Commission establishes the annual William T. Hogarth, CEY, § 300.65(c)(2) provides that NMFS 50 CFR Part 300 Assistant Administrator for Fisheries, must notify the public of the GHLs by National Marine Fisheries Service. publication of a notice in the Federal [Docket No. 060215036–6178–02; I.D. I Accordingly, 50 CFR part 300 is 101501A] Register, presumably for Area 2C and Area 3A as prescribed in § 300.65(c)(1) corrected by making the following RIN 0648–AU30 rather than for Area 2C and Area 3B as correcting amendment: currently stated in § 300.65(c)(2). The Pacific Halibut Fisheries; Guideline PART 300—INTERNATIONAL regulation also is not consistent with Harvest Levels for the Guided FISHERIES REGULATIONS Recreational Halibut Fishery; § 300.65(c)(3) which codifies procedures Correction that NMFS takes if the GHL is exceeded Subpart E—Pacific Halibut Fisheries in Area 2C and Area 3A. Therefore, the AGENCY: National Marine Fisheries reference to Area 3B at § 300.65(c)(2) is I 1. The authority citation for 50 CFR Service (NMFS), National Oceanic and not consistent with the Commission part 300, subpart E, continues to read as Atmospheric Administration (NOAA), areas outlined in all other GHL follows: Commerce. regulations at § 300.65(c). In addition, Authority: 16 U.S.C. 773–773k. ACTION: Final rule; correcting the GHL was not intended to apply in I 2. In § 300.65, paragraph (c)(2) is amendment. Area 3B as it was described in the revised to read as follows: proposed rule (67 FR 3867, January 28, SUMMARY: This action corrects the 2002), or in the preamble to the final § 300.65 Catch sharing plan and domestic regulatory text of a final rule published rule implementing the GHL (68 FR management measures in waters in and off August 8, 2003, (FR Doc. 03–20285) that 47256, August 8, 2003). Reference to Alaska. implemented the guideline harvest level Area 3B at § 300.65(c)(2) is a * * * * * (GHL) for the charter sport fishery for typographical mistake. This rule issues (c) * * * Pacific halibut in waters off Alaska. This a correcting amendment to correct the (2) NMFS will publish a notice in the action is necessary to correct a typographical error at § 300.65(c)(2) to Federal Register on an annual basis typographical error in regulations indicate Commission management Area establishing the GHL for Area 2C and implementing the GHL. 3A instead of Area 3B. Area 3A for that Calendar year within DATES: July 6, 2006. 30 days of receiving information from Classification FOR FURTHER INFORMATION CONTACT: the Commission which establishes the Jason Gasper, NMFS, 907–586–7228 or Pursuant to 5 U.S.C. 553(b)(3)(B), the constant exploitation yield for that year. email at [email protected]. Assistant Administrator for Fisheries, * * * * * SUPPLEMENTARY INFORMATION: A final NOAA (AA), finds good cause to waive [FR Doc. E6–10556 Filed 7–5–06; 8:45 am] rule published August 8, 2003, (68 FR the requirement to provide prior notice BILLING CODE 3510–22–S 47256) implemented guideline harvest and opportunity for public comment on level (GHL) measures for managing the this correcting amendment to the GHL harvest of Pacific halibut (Hippoglossus regulations, as such procedures would DEPARTMENT OF COMMERCE stenolepis) in the charter sport fishery in be unnecessary. Notice and comment is International Pacific Halibut unnecessary because this action makes National Oceanic and Atmospheric Commission (Commission) management a minor, non-substantive change Administration Area 2C and Area 3A in and off Alaska. correcting a Commission area in This correcting amendment revises the § 300.65(c)(2), which is itself a 50 CFR Part 680 regulation at 50 CFR 300.65(c)(2) to ministerial provision requiring NOAA [Docket No. 060404093–6177–02; I.D. change the reference to Commission to publish in the Federal Register notice 033106A] management from Area 3B to Area 3A. to the public of the GHLs set for Areas RIN 0648–AU24 Paragraph (c)(2) is set out as paragraph 2C and 3A pursuant to § 300.65(c)(1). The rule does not make any substantive (i)(2) in the August 8, 2003, rule and Fisheries of the Exclusive Economic change in the rights and obligations of was redesignated as paragraph (c)(2) on Zone Off Alaska; Allocating Bering Sea charter sport fishermen managed under April 1, 2005 (70 FR 16742). and Aleutian Islands King and Tanner the GHL halibut regulations. No aspect Crab Fishery Resources Need for Correction of this action is controversial and no Current text at § 300.65(c)(2) change in operating practices in the AGENCY: National Marine Fisheries incorrectly indicates that the GHL will fishery is required. Because this action Service (NMFS), National Oceanic and be established for Commission Area 3B. makes only the minor, non-substantive Atmospheric Administration (NOAA), This regulation states that ‘‘NMFS will changes to § 300.65(c)(2) described Commerce. publish a notice in the Federal Register above, this rule is not subject to the 30- ACTION: Final rule. on an annual basis establishing the GHL day delay in effective date requirement for Area 2C and Area 3B for that of 5 U.S.C. 553(d). SUMMARY: NMFS issues a final rule Calendar year within 30 days of List of Subjects in 50 CFR Part 300 implementing changes to the regulations receiving information from the for the Crab Rationalization Program. Commission which establishes the Administrative practice and This action is necessary to correct two constant exploitation yield for that procedure, Antarctica, Canada, Exports, discrepancies in the scope of the year.’’ This regulation is not consistent Fish, Fisheries, Fishing, Imports, sideboard protections for Gulf of Alaska with § 300.65(c)(1), which provides for Indians, Labeling, Marine resources, (GOA) groundfish fisheries provided in the annual determination of GHLs for Reporting and recordkeeping a previous rulemaking. Specifically, this

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action would remove the sideboard the Program. The second change federally permitted vessels that fish in restrictions from vessels that did not clarifies that the sideboard protections the State parallel groundfish fisheries. generate Bering Sea snow crab apply to federally permitted vessels that The Council intended the sideboards (Chionoecetes opilio) quota share and fish in the State parallel groundfish to apply to vessels that qualify for would apply the sideboards to federally fisheries. These changes are necessary to Bering Sea snow crab quota share under permitted vessels operating in the State implement the Program’s sideboard the Program. The proposed rule for the of Alaska (State) parallel fisheries. This provisions. A description of this action Program included regulatory language to action is intended to promote the goals is provided in the preamble to the this effect (69 FR 63200, October 29, and objectives of the Fishery proposed rule and is briefly summarized 2004). However, this language was Management Plan for Bering Sea/ here. changed in the final rule to apply the Aleutian Islands King and Tanner Crabs State parallel fisheries occur in State sideboards to vessels that had snow crab (FMP), the Magnuson-Stevens Fishery waters but are opened at the same time landings during the qualifying period. Conservation and Management Act as Federal fisheries in Federal waters. This change has the unintended (Magnuson-Stevens Act), and other State parallel fishery harvests are consequence of applying the sideboards applicable law. considered part of the Federal total to vessels that did not qualify for quota DATES: Effective on August 7, 2006. allowable catch (TAC) and federally share. This final rule changes the ADDRESSES: Copies of the regulatory permitted vessels move between State regulatory language to reflect the impact review/initial regulatory and Federal waters during the original language in the Program’s flexibility analysis (RIR/IRFA) and Final concurrent parallel and Federal proposed rule. NMFS received no Regulatory Flexibility Analysis (FRFA) fisheries. The State opens the parallel public comments on this aspect of the prepared for this action, and copies of fisheries through emergency order by Program’s proposed rule. the Bering Sea and Aleutian Islands adopting the groundfish seasons, The existing regulations restrict Crab Fisheries Final Environmental bycatch limits, and allowable gear types participation in Federal fisheries but not Impact Statement (EIS) prepared for the that apply in the adjacent Federal in the adjacent State waters fisheries. Crab Rationalization Program may be fisheries. This omission in the regulations would obtained from the NMFS Alaska Region, Sideboard limits restrict the ability of allow vessels whose history generated P.O. Box 21668, Juneau, AK 99802, vessels whose histories resulted in quota share to increase their Attn: Ellen Walsh, Records Officer, and Bering Sea snow crab quota share, or participation in the groundfish fisheries. from the NMFS Alaska Region website fishing under License Limitation This final rule changes the regulations at http://www.fakr.noaa.gov. Program (LLP) licenses derived from to clarify that the GOA groundfish those vessels, to participate in GOA FOR FURTHER INFORMATION CONTACT: sideboard directed fishing closures groundfish fisheries. The purpose of the Gretchen Harrington, 907–586–7228 or apply to federally permitted vessels sideboard limits is to prevent vessels [email protected]. while fishing in the State parallel that traditionally participated in the fisheries. SUPPLEMENTARY INFORMATION: In January Bering Sea snow crab fishery from using NMFS finds it necessary to apply the 2004, the U.S. Congress amended the flexibility of the Program to increase sideboard limits to federally permitted section 313(j) of the Magnuson-Stevens their participation in the GOA vessels fishing in State parallel fisheries Act through the Consolidated groundfish fisheries, and primarily the in order to implement the FMP. Without Appropriations Act of 2004 (Public Law GOA Pacific cod fishery. Historically, this regulatory change, vessels that 108–199, section 801). As amended, the Bering Sea snow crab fishery and traditionally participated in the Bering section 313(j)(1) requires the Secretary GOA groundfish fisheries operated Sea snow crab fishery could use the of Commerce to approve and implement concurrently from January through flexibility of the Program to increase by regulation the Crab Rationalization March, meaning that a crab vessel their participation in the GOA Program (Program), as it was approved owner had to decide whether to fish for groundfish fisheries, and primarily the by the North Pacific Fishery Bering Sea snow crab or GOA GOA Pacific cod fishery, because they Management Council (Council). In June groundfish but could not participate could circumvent the directed fishing 2004, the Council consolidated its fully in both fisheries. With crab closures by fishing in State waters. actions on the Program into Amendment rationalization, vessel owners have the NMFS has notified the public that it 18 to the FMP. Additionally, in June flexibility to fish for snow crab during will implement the sideboard limits in 2004, the Council developed a greatly extended season, or to lease the State parallel fisheries in the Amendment 19 to the FMP, which their crab individual fishing quota (IFQ) preamble to the proposed and final rules represents minor changes necessary to and not fish at all. This increased for the Program and in the notice of implement the Program. NMFS flexibility for crab fishermen could lead availability for Amendments 18 and 19. published a final rule to implement to increases in fishing effort in GOA Amendments 18 and 19 on March 2, groundfish fisheries, especially the Changes from the Proposed Rule 2005 (70 FR 10174). Pacific cod fishery, and could negatively One non-substantive change was NMFS published the proposed rule affect the other participants in those made from the proposed rule to the final for the sideboard restriction regulatory fisheries. rule. In § 680.22(f), the phrase ‘‘that are change in the Federal Register on April required to have’’ was changed to Need for Regulatory Changes 24, 2006 (71 FR 20966), with a public ‘‘with’’ because the term ‘‘required’’ comment period through May 9, 2006. This action makes two changes to the implied that a Federal Fisheries Permit NMFS received no public comments on regulations governing sideboard or LLP license was required in State the proposed rule. provisions for the GOA groundfish waters. The term ‘‘with’’ clarifies that This final rule corrects two aspects of fisheries at 50 CFR 680.22. The first Federal regulations apply to vessels the sideboard provisions in the change removes the sideboard operating under Federal permits. regulations implementing the Program. restrictions from vessels whose histories One change removes the sideboard did not generate Bering Sea snow crab Classification limits from vessels that did not generate quota share. The second change clarifies NMFS has determined that the final Bering Sea snow crab quota share under that the sideboard restrictions apply to rule is consistent with the FMP, the

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Magnuson-Stevens Act, and other operational flexibility to expand their in that analysis, the sideboard limits applicable laws. participation in the already fully prevent these participants from using This final rule has been determined to subscribed GOA groundfish fisheries. these benefits to increase their effort in be not significant for purposes of The proposed regulatory changes are the GOA groundfish fisheries. The Executive Order 12866. necessary owing to the introduction of sideboard restrictions provide the NMFS prepared a final regulatory two inconsistencies that exist between sideboarded vessels the ability to flexibility analysis (FRFA) as required the Program provisions and the maintain their historic harvest levels in by section 604(a) of the Regulatory language in the implementing GOA groundfish fisheries, and therefore, Flexibility Act (RFA). The FRFA regulations. These corrections will do not make the sideboarded vessels describes the economic impact this rule implement the sideboards as intended worse-off economically. Vessels with will have on small entities. A by the Council. minimal harvests in the snow crab description of the action, why it is being Sideboards on Vessels Without Quota fisheries and substantial harvests in the considered, and the legal basis for it are Share Pacific cod fishery would be exempt included at the beginning of this section from the sideboard restrictions, since in the preamble and in the SUMMARY Six small entities, as defined for RFA these vessels have little dependence on section of the preamble. A summary of purposes, would be directly regulated the crab fisheries. In addition, vessels the analysis follows. A copy of this by the removal of the sideboard with less than a minimum historic analysis is available from NMFS (see provisions from vessels that did not harvest from GOA groundfish fisheries ADDRESSES). generate snow crab quota shares. These are not permitted to participate in GOA entities are currently, although Issues Raised by Public Comments on groundfish fisheries. inadvertently, subject to the economic The proposed action does not likely the IRFA burden of the sideboard restrictions, have the potential to impose despite not having qualified for snow NMFS received no public comments disproportionate impacts on small crab quota shares. The proposed action on the IRFA. entities, relative to large entities. The would lift this uncompensated burden regulatory change applying the Need for and Objectives of this Action from these six small entities by sideboard constraints to State waters This action is necessary to correct two removing their sideboard restrictions. during the parallel fisheries would aspects of the sideboard provisions in Sideboards in the State Parallel provide all qualifying vessels, large and the regulations implementing the Groundfish Fisheries small, a level playing field upon which Program that were inadvertently to operate, as had been the intention of misstated at 50 CFR 680.22. As promulgated, the current regulatory language may allow federally the Council from the outset. Because Number and Description of Small permitted vessels to circumvent the this change merely rescinds an Entities Directly Regulated by the Rule Program’s sideboards by fishing only in unintentional and unexploited One hundred and ninety five entities the State parallel groundfish fisheries in regulatory loophole, the only possible are subject to the sideboard regulations the GOA. Since the start of the 2006 A effect is to codify the commonly held and fish in the GOA groundfish season Pacific cod fishery (the first GOA understanding among the fishing fisheries. A fishing operation is groundfish opening following industry of the sideboard rule. considered to be a small entity for RFA implementation of the current Program This rule does not have the potential purposes if its total annual gross provisions), no vessels prohibited by to significantly reduce profits for small receipts, from all sources, is less than $4 these sideboard provisions from fishing entities. The absence of cost data million. The 2004 gross revenue data for Pacific cod have fished in the State precludes quantitative estimation of from the State fishticket database is parallel fisheries. The fact that no potential impacts on profitability, readily available and includes revenue vessels currently are exploiting this although these would be expected to be from all fishing operations in Alaska loophole in the regulations is testament minimal, because no vessels chose to and adjacent EEZ waters. Based on these to the clear intent that the sideboards exploit this loophole in the 2006 A data, as many as 189 of the 195 entities apply to the State parallel fisheries, and season (the first groundfish fishery after may be considered small. the plain language understanding of the sideboard implementation). term ‘‘GOA.’’ This action proposes to This regulation does not impose new Description of Significant Alternatives correct the sideboard provisions of the recordkeeping and reporting and a Description of Steps Taken to Program’s implementing regulations, by requirements on any directly regulated Minimize the Significant Economic applying them to federally permitted small entities. Impacts on Small Entities vessels fishing in State parallel Small Entity Compliance Guide No significant alternatives to the groundfish fisheries. Therefore, the proposed rule exist that accomplish the preferred action has no economic effects NMFS has posted a small entity stated objectives, are consistent with beyond those considered in the EIS compliance guide on the Internet at applicable statutes, and would prepared for the Program (see http://www.fakr.noaa.gov/ minimize the economic impact of the ADDRESSES). sustainablefisheries/crab/rat/ proposed rule on small entities. A no Sideboard restrictions prevent adverse progfaq.htm to satisfy the Small action alternative was considered, but spillover effects in other fisheries from Business Regulatory Enforcement was rejected because it did not meet the an influx of effort from the rationalized Fairness Act of 1996, which requires a objectives of the Program’s sideboard crab fisheries. The Crab Rationalization plain language guide to assist small provisions. No significant adverse Program, because it issued quota share entities in complying with this rule. effects are shown for this action. to vessel owners and provided them the Contact NMFS to request a hard copy of The Council created the sideboards ability to form cooperatives, provides the guide (see ADDRESSES). with the expressed purpose of these directly regulated entities List of Subjects in 50 CFR Part 680 restricting the owners of vessels substantial economic benefits, as acquiring snow crab quota share from discussed in the EIS prepared for the Alaska, Fisheries, Reporting and using the resulting increased Program (see ADDRESSES). As discussed recordkeeping requirements.

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Dated: June 29, 2006. I 2. In § 680.22, paragraph (a)(1)(i) is (f) Sideboard protections in the State William T. Hogarth, revised and paragraph (f) is added to of Alaska parallel groundfish fisheries. Assistant Administrator for Fisheries, read as follows: Vessels subject to the sideboard National Marine Fisheries Service. § 680.22 Sideboard protections for GOA restrictions under paragraph (a) of this I For the reasons set out in the groundfish fisheries. section, with a Federal Fisheries Permit preamble, NMFS amends 50 CFR part * * * * * or LLP license, shall be subject to the 680 as follows: (a) * * * regulations of this section while (1) * * * participating in any groundfish fishery PART 680—SHELLFISH FISHERIES OF (i) Any non-AFA vessel that made a in State waters adjacent to the GOA THE EXCLUSIVE ECONOMIC ZONE legal landing of Bering Sea snow crab opened by the State of Alaska and for OFF ALASKA (C. opilio) between January 1, 1996, and which the State of Alaska adopts a December 31, 2000, that generated any Federal fishing season. I 1. The authority citation for part 680 amount of Bering Sea snow crab (C. [FR Doc. E6–10554 Filed 7–5–06; 8:45 am] continues to read as follows: opilio) fishery QS; and BILLING CODE 3510–22–S Authority: 16 U.S.C. 1862. * * * * *

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Proposed Rules Federal Register Vol. 71, No. 129

Thursday, July 6, 2006

This section of the FEDERAL REGISTER comment (an original and three copies) from Kenya into the Continental United contains notices to the public of the proposed to APHIS–2006–0073, Regulatory States, a Qualitative Pathway-Initiated issuance of rules and regulations. The Analysis and Development, PPD, Risk Assessment’’ (May 2006), evaluates purpose of these notices is to give interested APHIS, Station 3A–03.8, 4700 River the risks associated with the persons an opportunity to participate in the Road Unit 118, Riverdale, MD 20737– importation of shelled garden peas into rule making prior to the adoption of the final rules. 1238. Please state that your comment the continental United States (the lower refers to APHIS–2006–0073. 48 States and Alaska) from Kenya. The Reading Room: You may read any PRA identified 13 pests of quarantine DEPARTMENT OF AGRICULTURE comments that we receive on this significance present in garden peas docket in our reading room. The reading (Pisum sativum) in Kenya: The weevils Animal and Plant Health Inspection room is located in room 1141 of the Callosobruchus analis, C. chinensis, C. Service USDA South Building, 14th Street and maculates, and C. phaseoli; the borers Independence Avenue, SW., Crocidosema aporema, Leucinodes 7 CFR Part 319 Washington, DC. Normal reading room orbonalis, and Maruca vitrata; the hours are 8 a.m. to 4:30 p.m., Monday [Docket No. APHIS–2006–0073] grasshopper Diabolocatantops axillaris; through Friday, except holidays. To be the bollworm Helicoverpa armigera; the Importation of Shelled Garden Peas sure someone is there to help you, caterpillar Lampides boeticus; the From Kenya please call (202) 690–2817 before leafworm Spodoptera littoralis; the coming. flower thrips Thrips flavus; and the AGENCY: Animal and Plant Health Other Information: Additional looper Thysanoplusia orichalcea. Inspection Service, USDA. information about APHIS and its However, the assessment took into ACTION: Proposed rule. programs is available on the Internet at account the post-harvest handling that http://www.aphis.usda.gov. the peas would be subjected to in Kenya SUMMARY: We are proposing to amend FOR FURTHER INFORMATION CONTACT: Ms. and further determined that none of the the fruits and vegetables regulations to Sharon Porsche, Import Specialist, 13 quarantine significant pests allow the importation of shelled garden Commodity Import Analysis and identified may be reasonably expected peas from Kenya into the continental Operations, Plant Health Programs, to follow the pathway of shelled garden United States. In order to be eligible for PPQ, APHIS, 4700 River Road Unit 133, pea shipments from Kenya. As a result importation, the peas would have to be Riverdale, MD 20737–1231; (301) 734– of these findings, the 13 pests of shelled, washed, and inspected and 8758. quarantine significance were listed as accompanied by a phytosanitary SUPPLEMENTARY INFORMATION: not following the pathway, and, certificate issued by the Kenya Plant therefore, were not analyzed further. Health Inspectorate Service. This action Background The specific post-harvest processing would allow for the importation of The regulations in ‘‘Subpart—Fruits procedures suggested by KEPHIS that shelled peas from Kenya into the and Vegetables’’ (7 CFR 319.56 through were considered in the PRA and that continental United States while 319.56–8, referred to below as the would be required under this proposed continuing to protect against the regulations) prohibit or restrict the rule are described in the following introduction of quarantine pests. importation of fruits and vegetables into paragraphs. DATES: We will consider all comments the United States from certain parts of The imports of garden peas would be that we receive on or before September the world to prevent the introduction limited to peas that have been removed 5, 2006. and dissemination of plant pests that are from their shell. Shelling allows for ADDRESSES: You may submit comments new to or not widely distributed within visual inspection and removes most of by either of the following methods: the United States. the larval pests that may be feeding on • Federal eRulemaking Portal: Go to The Kenya Plant Health Inspectorate the pods and exposes pests that feed on http://www.regulations.gov and, in the Service (KEPHIS) has requested that the the pea. These pests are highly visible lower ‘‘Search Regulations and Federal Animal and Plant Health Inspection and easily detected during the shelling Actions’’ box, select ‘‘Animal and Plant Service (APHIS) amend the regulations process. Health Inspection Service’’ from the to allow shelled garden peas from Kenya The shelled peas would then have to agency drop-down menu, then click on to be imported into the United States. be washed in a disinfectant wash in ‘‘Submit.’’ In the Docket ID column, As part of our evaluation of Kenya’s water at 3 to 5 °C containing 50 ppm of select APHIS–2006–0073 to submit or request, we prepared a pest risk chlorine. The washing of the shelled view public comments and to view assessment (PRA) and a risk peas further aids in the removal of any supporting and related materials management document. Copies of the insects that might feed on individual available electronically. Information on PRA and risk management document peas. using Regulations.gov, including may be obtained from the person listed In addition, we would require that instructions for accessing documents, under FOR FURTHER INFORMATION KEPHIS inspect the shelled peas and submitting comments, and viewing the CONTACT or viewed on the issue a phytosanitary certificate for each docket after the close of the comment Regulations.gov Web site (see consignment of peas. The phytosanitary period, is available through the site’s ADDRESSES above for instruction for certificate would have to bear an ‘‘User Tips’’ link. accessing Regulations.gov). additional declaration confirming that • Postal Mail/Commercial Delivery: The PRA, titled ‘‘Importation of the required post-harvest shelling and Please send four copies of your Garden Peas, Shelled Pisum sativum L. washing procedures have been

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followed, as well as a statement farm labor is considerably higher in the In general, firms engaged in confirming that the peas have been United States than in many other production or importation of inspected and found free of pests. countries. agricultural commodities are We have determined that these According to industry sources, fresh predominantly small. We believe that proposed measures would prevent the garden peas grown in the United States most if not all of the businesses affected introduction of plant pests into the are mainly produced in California (more by the proposed rule would be small. United States. The proposed conditions than 85 percent), with the rest grown We do not know the number of U.S. described above for the importation of mainly in Florida. Published data on producers of fresh garden peas. shelled garden peas from Kenya into the domestic production of fresh garden According to the 2002 Census of United States would be added to the peas exist only for two counties in Agriculture for California Counties, fruits and vegetables regulations as a California, San Luis Obispo County and there were 327 vegetable farms in San new § 319.56–2ss. Santa Barbara County.1 Based on the Luis Obispo and Santa Barbara Counties, the two counties for which Executive Order 12866 and Regulatory 2000–2004 data for these two counties, there are published fresh garden pea Flexibility Act California snow pea production declined over that 5-year period, while production data. We do not know how This proposed rule has been reviewed green pea production has expanded. many of these vegetable farms produce under Executive Order 12866. The rule The value of pea production in those fresh garden peas. Also, we do not know has been determined to be not two counties in 2004 was $29 million. their size, but in general, such entities significant for the purposes of Executive The United States is a net importer of are predominantly small. We welcome Order 12866 and, therefore, has not fresh/chilled peas, and our major information that the fresh vegetable been reviewed by the Office of foreign supplier of fresh garden peas in industry or general public may provide Management and Budget. 2005 was Guatemala, with a 45 percent on the number and size of entities that We are proposing to amend the fruits share (by value) of U.S. imports, could be affected by the proposed rule. and vegetables regulations to allow the followed by Peru (29 percent) and Alternatives importation of shelled garden peas from Mexico (24 percent). Nearly all U.S. Kenya into the continental United fresh pea exports go to Canada. An alternative to the proposed rule States. In order to be eligible for Our reported domestic supply of fresh would be to require that a different set importation, the peas would have to be garden peas (California production plus of phytosanitary measures be satisfied. shelled, washed, and inspected and net U.S. imports) in 2004 totaled about Risk assessment and risk management accompanied by a phytosanitary 39,700 metric tons, valued at $42.7 documents prepared by APHIS identify certificate issued by KEPHIS. This million. These totals exclude U.S. 13 quarantine pests for fresh garden action would allow for the importation production that may have taken place peas from Kenya. For the current of shelled peas from Kenya into the outside of San Luis Obispo and Santa proposed rule, the commodity would be continental United States while Barbara Counties. subject to certain risk mitigations, continuing to protect against the If we include the 15 percent of including removal of the seeds from the introduction of quarantine pests. unreported U.S. production of fresh pod, washing of the shelled peas in The Regulatory Flexibility Act garden peas thought to occur outside of water at 3 to 5 °C containing 50 ppm requires agencies to consider the the two California counties, then the chlorine, phytosanitary certification by economic impact of their regulations on 2004 domestic supply would total about KEPHIS, and U.S. port-of-entry small entities and to use flexibility to 42,800 metric tons, with roughly 65 inspection. These conditions are provide regulatory relief when percent imported and 35 percent expected to successfully mitigate risks regulations create economic disparities supplied by U.S. producers. posed to U.S. agriculture. Import between differently sized entities. In U.S. entities that could be affected by requirements less or more stringent than accordance with the Act, APHIS has the proposed rule are domestic those proposed would, respectively, performed an initial regulatory producers of fresh garden peas and either not provide an appropriate level flexibility analysis regarding the wholesalers who import fresh garden of phytosanitary protection or impose economic effects of this proposed rule peas. Businesses producing green peas unduly burdensome measures. on small entities. We do not have all the and snow peas are classified in the We would appreciate any comments data necessary for a comprehensive North American Industry Classification on the potential economic effects of analysis of the effects of this proposed System (NAICS) within the category of allowing the importation into the rule on small entities that may incur Other Vegetable (except Potato) and continental United States of garden peas benefits or costs from the Melon Farming (NAICS code 111219). from Kenya, and on how the proposed implementation of this proposed rule. The Small Business Administration’s rule could be modified to reduce However, based on the information we (SBA) small entity definition for these expected costs or burdens for small do have, we believe that most, if not all, producers is annual receipts of not more entities consistent with its objectives. of the businesses affected by the than $750,000. Firms that would import This proposed rule contains certain proposed rule would be small, and there fresh, shelled garden peas from Kenya reporting and recordkeeping is no reason to conclude that adoption are defined as small entities if they have requirements (see ‘‘Paperwork of this proposed rule would result in 100 or fewer employees (NAICS code Reduction Act’’ below). any significant economic effect on a 424480, Fresh Fruit and Vegetable Executive Order 12988 substantial number of small entities. Merchant Wholesalers).2 The United States is the third largest This proposed rule would allow producer of garden peas after India and 1Annual County Agricultural Commissioner shelled garden peas to be imported into China. However, less than 1 percent of Report Data (Sacramento: California Department of the continental United States from U.S. production goes into the fresh Food and Agriculture, 2000–2004). Kenya. If this proposed rule is adopted, market, the reason being that fresh 2 The wholesale sector comprises two types of State and local laws and regulations wholesalers: Those that sell goods on their own garden peas require harvesting by hand, account and those that arrange sales and purchases regarding shelled garden peas imported whereas peas destined for processing for others for a commission or fee. Importers are under this rule would be preempted can be machine-harvested. The cost of included in both cases. while the fruit is in foreign commerce.

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Fresh fruits and vegetables are generally validity of the methodology and 2. A new § 319.56–2ss would be imported for immediate distribution and assumptions used; added to read as follows: sale to the consuming public and would (3) Enhance the quality, utility, and remain in foreign commerce until sold clarity of the information to be § 319.56–2ss Conditions governing the entry of shelled garden peas from Kenya. to the ultimate consumer. The question collected; and of when foreign commerce ceases in (4) Minimize the burden of the Garden peas (Pisum sativum) may be other cases must be addressed on a case- information collection on those who are imported into the continental United by-case basis. If this proposed rule is to respond (such as through the use of States from Kenya only under the adopted, no retroactive effect will be appropriate automated, electronic, following conditions: given to this rule, and this rule will not mechanical, or other technological (a) The peas must be shelled from the require administrative proceedings collection techniques or other forms of pod. before parties may file suit in court information technology; e.g., permitting (b) The peas must be washed in challenging this rule. electronic submission of responses). disinfectant water at 3 to 5 °C Estimate of burden: Public reporting containing 50 ppm chlorine. Paperwork Reduction Act burden for this collection of information (c) Each shipment of peas must be In accordance with section 3507(d) of is estimated to average 0.15 hour per accompanied by a phytosanitary the Paperwork Reduction Act of 1995 response. certificate of inspection issued by the (44 U.S.C. 3501 et seq.), the information Respondents: Importers of peas, national plant protection organization of collection or recordkeeping KEPHIS. Kenya bearing the following additional requirements included in this proposed Estimated annual number of declaration: ‘‘These peas have been rule have been submitted for approval to respondents: 2. shelled and washed in accordance with the Office of Management and Budget Estimated annual number of 7 CFR 319.56–2ss and have been (OMB). Please send written comments responses per respondent: 20. inspected and found free of pests.’’ Estimated annual number of to the Office of Information and Done in Washington, DC, this 29th day of Regulatory Affairs, OMB, Attention: responses: 40. Estimated total annual burden on June 2006. Desk Officer for APHIS, Washington, DC Kevin Shea, 20503. Please state that your comments respondents: 6 hours. (Due to averaging, refer to APHIS–2006–0073. Please send the total annual burden hours may not Acting Administrator, Animal and Plant Health Inspection Service. a copy of your comments to: (1) APHIS– equal the product of the annual number 2006–0073, Regulatory Analysis and of responses multiplied by the reporting [FR Doc. E6–10551 Filed 7–5–06; 8:45 am] Development, PPD, APHIS, Station 3A– burden per response.) BILLING CODE 3410–34–P 03.8, 4700 River Road Unit 118, Copies of this information collection Riverdale, MD 20737–1238, and (2) can be obtained from Mrs. Celeste Clearance Officer, OCIO, USDA, room Sickles, APHIS’ Information Collection DEPARTMENT OF TRANSPORTATION 404–W, 14th Street and Independence Coordinator, at (301) 734–7477. Federal Aviation Administration Avenue, SW., Washington, DC 20250. A Government Paperwork Elimination comment to OMB is best assured of Act Compliance 14 CFR Part 39 having its full effect if OMB receives it The Animal and Plant Health within 30 days of publication of this [Docket No. FAA–2005–20351; Directorate proposed rule. Inspection Service is committed to Identifier 2003–NM–269–AD] compliance with the Government This proposed rule would amend the RIN 2120–AA64 fruits and vegetables regulations to Paperwork Elimination Act (GPEA), which requires Government agencies in allow the importation of shelled garden Airworthiness Directives; Boeing general to provide the public the option peas from Kenya into the continental Model 767 Airplanes United States. In order to be eligible for of submitting information or transacting importation, the peas would have to be business electronically to the maximum AGENCY: Federal Aviation shelled, washed, and inspected and extent possible. For information Administration (FAA), Department of accompanied by a phytosanitary pertinent to GPEA compliance related to Transportation (DOT). certificate issued by KEPHIS. The this proposed rule, please contact Mrs. ACTION: Supplemental notice of phytosanitary certificate would have to Celeste Sickles, APHIS’ Information proposed rulemaking (NPRM); bear an additional declaration stating Collection Coordinator, at (301) 734– reopening of comment period. that the peas had been shelled and 7477. washed in accordance with the List of Subjects in 7 CFR Part 319 SUMMARY: The FAA is revising an earlier proposed requirements and had been proposed airworthiness directive (AD) Coffee, Cotton, Fruits, Imports, Logs, inspected and found free of pests. for all Boeing Model 767 airplanes. The Nursery stock, Plant diseases and pests, We are soliciting comments from the original NPRM would have required an Quarantine, Reporting and public (as well as affected agencies) inspection of each main tank fuel boost recordkeeping requirements, Rice, concerning our proposed information pump for the presence of a pump shaft Vegetables. collection and recordkeeping flame arrestor, and if the flame arrestor Accordingly, we propose to amend 7 requirements. These comments will is missing, replacement of that pump CFR part 319 as follows: help us: with a pump having a pump shaft flame (1) Evaluate whether the proposed PART 319—FOREIGN QUARANTINE arrestor. The original NPRM would also information collection is necessary for NOTICES have required repetitive measurements the proper performance of our agency’s of the flame arrestor’s position in the functions, including whether the 1. The authority citation for part 319 pump, and corrective actions if information will have practical utility; would continue to read as follows: necessary. The original NPRM resulted (2) Evaluate the accuracy of our Authority: 7 U.S.C. 450, 7701–7772, and from reports that certain fuel boost estimate of the burden of the proposed 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR pumps may not have flame arrestors information collection, including the 2.22, 2.80, and 371.3. installed in the pump shaft and reports

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that the pin that holds the flame arrestor closing date and may amend this follows from the determination that the in place can break due to metal fatigue. supplemental NPRM in light of those additional actions are necessary. This action revises the original NPRM comments. Relevant Service Information by proposing the replacement of the We will post all comments submitted, pump with a new or modified pump, without change, to http://dms.dot.gov, We have reviewed Boeing Alert which would end the repetitive including any personal information you Service Bulletins 767–28A0088 (for measurements. This action also revises provide. We will also post a report Model 767–200, –300, and –300F series the compliance times for certain summarizing each substantive verbal airplanes) and 767–28A0089 (for Model airplanes. We are proposing this contact with FAA personnel concerning 767–400ER series airplanes), both dated supplemental NPRM to prevent the this supplemental NPRM. Using the February 24, 2005. The alert service possible migration of a flame from a search function of that Web site, anyone bulletins describe procedures for main tank fuel boost pump inlet to the can find and read the comments in any replacing the left and right main tank vapor space of that fuel tank, and of our dockets, including the name of fuel boost pumps with new or modified consequent ignition of fuel vapors, the individual who sent the comment pumps that have a better flame arrestor which could result in a fire or (or signed the comment on behalf of an installation. Doing the replacements explosion. association, business, labor union, etc.). ends the inspections specified in Boeing You may review the DOT’s complete Alert Service Bulletin 767–28A0077 (for DATES: We must receive comments on Privacy Act Statement in the Federal Model 767–200, –300, and –300F series this supplemental NPRM by July 31, Register published on April 11, 2000 airplanes) or 767–28A0081 (for Model 2006. (65 FR 19477–78), or you may visit 767–400ER series airplanes), both ADDRESSES: Use one of the following http://dms.dot.gov. Revision 1, both dated July 8, 2004, as addresses to submit comments on this Examining the Docket applicable. supplemental NPRM. Accomplishing the actions specified • DOT Docket Web site: Go to You may examine the AD docket on in the service information is intended to http://dms.dot.gov and follow the the Internet at http://dms.dot.gov, or in adequately address the unsafe instructions for sending your comments person at the Docket Management condition. electronically. Facility office between 9 a.m. and 5 Boeing Alert Service Bulletins 767– • Government-wide rulemaking Web p.m., Monday through Friday, except 28A0088 and 767–28A0089 reference site: Go to http://www.regulations.gov Federal holidays. The Docket Hamilton Sundstrand Service Bulletin and follow the instructions for sending Management Facility office (telephone 5006003–28–3, dated December 8, 2004, your comments electronically. (800) 647–5227) is located on the plaza as the appropriate source of service • Mail: Docket Management Facility; level in the Nassif Building at the DOT information for modifying the pump. U.S. Department of Transportation, 400 street address stated in ADDRESSES. Seventh Street, SW., Nassif Building, Comments will be available in the AD Comments room PL–401, Washington, DC 20590. docket shortly after the Docket We have considered the following • Fax: (202) 493–2251. Management System receives them. comments on the original NPRM. • Hand Delivery: Room PL–401 on the plaza level of the Nassif Building, Discussion Support for the Original NPRM 400 Seventh Street, SW., Washington, We proposed to amend 14 CFR part The Air Line Pilots Association agrees DC, between 9 a.m. and 5 p.m., Monday 39 with a notice of proposed rulemaking with the original NPRM. through Friday, except Federal holidays. (NPRM) for an AD (the ‘‘original Request To Allow Credit Contact Boeing Commercial NPRM’’) for all Boeing Model 767 series Airplanes, P.O. Box 3707, Seattle, airplanes. The original NPRM was ABX Air requests that actions done in Washington 98124–2207, for service published in the Federal Register on accordance with Boeing Alert Service information identified in this proposed February 15, 2005 (70 FR 7678). The Bulletin 767–28A0077, dated March 6, AD. original NPRM proposed to require an 2003, be accepted as a method of FOR FURTHER INFORMATION CONTACT: John inspection of each main tank fuel boost compliance with the requirements of the Vann, Aerospace Engineer, Propulsion pump for the presence of a pump shaft original NPRM. The commenter Branch, ANM–140S, FAA, Seattle flame arrestor, and if the flame arrestor indicates that there are no substantive Aircraft Certification Office, 1601 Lind is missing, replacement of that pump differences between the actions of the Avenue, SW., Renton, Washington with a pump having a pump shaft flame original version and Boeing Alert 98055–4056; telephone (425) 917–6513; arrestor. The original NPRM also Service Bulletin 767–28A0077, Revision fax (425) 917–6590. proposed to require repetitive 1, dated July 8, 2004 (Revision 1 is SUPPLEMENTARY INFORMATION: measurements of the flame arrestor’s listed as the appropriate source of position in the pump, and corrective service information for doing the actions Comments Invited actions if necessary. specified in paragraph (g) of the original We invite you to submit any relevant NPRM for Model 767–200, –300, and written data, views, or arguments Actions Since Original NPRM Was –300F series airplanes). regarding this supplemental NPRM. Issued We agree that any work done before Send your comments to an address The preamble to the original NPRM the effective date of the AD in listed in the ADDRESSES section. Include explains that we consider the proposed accordance with Boeing Alert Service the docket number ‘‘FAA–2005–20351; requirements ‘‘interim action’’ and were Bulletin 767–28A0077, dated March 6, Directorate Identifier 2003–NM–269– considering further rulemaking. Since 2003, is acceptable for compliance with AD’’ at the beginning of your comments. we issued the original NPRM, the the actions specified in paragraphs (f) We specifically invite comments on the manufacturer has issued new service and (g) of this supplemental NPRM overall regulatory, economic, information, which specifies actions (specified as paragraph (g) in the environmental, and energy aspects of that terminate the repetitive original NPRM) for Model 767–200, this supplemental NPRM. We will measurements proposed in the original –300, and –300F series airplanes. In consider all comments received by the NPRM. This supplemental NPRM addition, we have determined that any

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work done before the effective date of measurements specified in paragraphs better align with the scheduled the AD in accordance with Boeing Alert (f) and (g) of this supplemental NPRM. maintenance of operators of Model 767 Service Bulletin 767–28A0081, dated We have also removed Note 3 from this airplanes and would align with other March 6, 2003, is acceptable for supplemental NPRM because there is fuel tank system actions that may be compliance with the actions specified in now terminating action. required as a result of Special Federal paragraphs (f) and (g) of this Aviation Regulation No. 88 (‘‘SFAR 88,’’ Request To Exclude Part From supplemental NPRM for Model 767– Amendment 21–78, and subsequent Requirements of Paragraph (h) 400ER series airplanes (Boeing Alert Amendments 21–82 and 21–83). The Service Bulletin 767–28A0081, Revision ABX Air requests that pump assembly commenter also contends that dry 1, dated July 8, 2004, is listed as the part number (P/N) 5006003D be running pumps in the main tanks does appropriate source of service excluded from the requirements of not present a meaningful risk during information for doing the actions paragraph (h) of the original NPRM. The ground or flight operations because specified in paragraph (g) of the original commenter indicates that P/N 5006003D those concerns would be eclipsed by NPRM for Model 767–400ER series is approved to be installed on Model fuel starvation of the engine. The airplanes). 767 airplanes per Boeing Alert Service commenter also states that although We have added new paragraph (j) to Bulletins 767–28A0088 and 767– there is the risk of dry running pumps this supplemental NPRM to give credit 28A0089. during defueling operations, it looks to for actions done before the effective date We agree. We have revised paragraph proper maintenance procedures for of the AD in accordance with these (k) of this supplemental NPRM mitigation. The commenter concludes service bulletins. We have also removed (specified as paragraph (h) in the that allowing 24 months to do the initial the service bulletin reference paragraph original NPRM) to allow the installation inspection would not impair the from this supplemental NPRM of the main fuel tank boost pump P/N intended level of safety. (specified as paragraph (f) in the original 5006003D. We do not agree with the commenter NPRM) and we have included the to allow the initial inspections within Request To Revise Compliance Times service bulletin information in 24 months after the effective date of the To Match Service Bulletins paragraphs (f) and (g) of this AD. A study made by Hamilton supplemental NPRM (specified as ANA requests that the compliance Sundstrand, the manufacturer of the paragraph (g) in the original NPRM). times for the original NPRM follow the affected fuel pumps, shows that up to compliance times specified in Boeing 25% of the pumps could have loose or Request To Add Terminating Action Alert Service Bulletins 767–28A0077 missing flame arrestors. For this reason, ABX Air, Continental Airlines, All and 767–28A0081. The commenter it is necessary to divide the airplanes Nippon Airways (ANA), UPS, and notes that the original NPRM specifies into two groups. For airplanes having Boeing state that there is now a that ‘‘prior to the accumulation of line numbers (L/Ns) 1 through 914, an terminating action for the repetitive 15,000 total flight hours, or within 365 investigation has indicated that the inspections (measurements) specified in days after the effective date of this AD, subject fuel pumps might not have paragraph (g) of original NPRM since whichever is later; do a detailed flame arrestors. These airplanes would Boeing has issued Alert Service inspection * * *.’’ The commenter need to be inspected for missing flame Bulletins 767–28A0088 and 767– contends that this is different from the arrestors within 365 days as specified in 28A0089, both dated February 24, 2005, alert service bulletins. The commenter Boeing Alert Service Bulletins 767– which replace the main tank fuel boost notes that it is performing the 28A0077 and 767–28A0081. For pumps with new or modified pumps. inspections in accordance with the alert airplanes having L/Ns 915 and Several commenters request that a service bulletins. subsequent: The inspection would need statement be added to the original We agree with the commenter’s to done within 365 days on airplanes NPRM that the incorporation of the request to follow the compliance times that have accumulated more than 15,000 above service bulletins constitutes an in the alert service bulletins. For certain total flight hours; and on airplanes that optional terminating action for the airplanes specified in the alert service accumulated less than 15,000 total flight repetitive inspections of paragraph (g) of bulletins, the initial inspections should hours, the inspection would need to be the original NPRM. ANA also requests be done within 365 days after the done within 365 days after the airplane clarification that the new pumps are not airplane has accumulated 15,000 total accumulates 15,000 total flight hours. subject to the repetitive inspections. flight hours. We recognize that the As there are many Model 767 airplanes Several commenters also point out that compliance times in the original NPRM in the world fleet that have accumulated Note 3 of the original NPRM specifies penalize the operators with airplanes more than 15,000 flight hours, we find that there is no terminating action that have accumulated fewer flight that the compliance time of 365 days available for the actions in paragraph (g) hours, and that the start of the repetitive would provide an adequate level of and request that Note 3 be deleted inspections should be based on the safety. because there is an optional terminating number of hours the airplane has We also do not agree that dry running action. accumulated. Therefore, we have pumps in the main tank does not We agree with the commenters that revised the compliance times in this present a meaningful risk during ground the replacements specified in Boeing supplemental NPRM to align with the or flight operations. We are concerned Alert Service Bulletins 767–28A0088 compliance times specified in the alert that dry running pumps without flame and 767–28A0089 are terminating service bulletins. arrestors are hazardous due to the lack action for the repetitive measurements of data on the ability of the flame front specified in paragraphs (f) and (g) of this Request To Extend Initial Compliance to propagate to the ullage through some supplemental NPRM. However, we do Times to Within 24 Months depth of fuel prior to fuel starvation of not agree that the replacement should be The Air Transport Association the engine. Additionally, airplane optional. Paragraph (i) of this requests that the compliance time for attitude variation during flight supplemental NPRM would require the initial inspections be extended to 24 operations can uncover at least one of replacing the fuel pumps and is a months. The commenter indicates that a the fuel pump inlets prior to fuel terminating action for the repetitive compliance time of 24 months would starvation, especially during a low fuel

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go around on approach. Proper those aircraft with less than 15,000 hours, do and any additional test necessary to put maintenance procedures mitigate the the inspection again within 365 days from the airplane back in operation. United risk during defueling operations; the date the aircraft reaches 15,000 hours. Airlines states that the repair cost of however, defueling can occur with Repeat the inspection at each 6,000 flight pumps should be included because passengers on board and we have interval or 24 months whichever comes Hamilton-Sundstrand quoted a 25% first.’’ concerns with improperly conducted failure rate. United Airlines also notes maintenance procedures. Since Boeing’s comments were not that 60% of the pumps it has inspected The basis for the compliance times consistent with its own service bulletin had inlet diffuser struts eroded beyond specified by this supplemental NPRM recommendation, we contacted the the specified limits and therefore, pump includes the fact that a missing flame manufacturer for clarification on its repairs and replacement sleeve costs arrestor does not present a very high position. Boeing revised its position to should be included. risk for most flight conditions when be consistent with Boeing Alert Service We do not agree to revise the cost there is enough fuel to cover the pump Bulletins 767–28A0077 and 767– analysis. In establishing the inlet as the probability of a flame 28A0081 for airplanes having L/Ns 1 requirements of all ADs, we do consider reaching the fuel tank is significantly through 926 and further recommended cost impact to operators beyond the reduced if fuel covers the pump inlet. that for airplanes having L/N 927 and estimates of parts and labor costs In developing appropriate compliance on, an inspection is not required since contained in AD preambles. For times for this supplemental NPRM, we the airplane already has the new part example, where safety considerations considered the manufacturer’s number installed. allow, we attempt to set compliance recommendation specified in the alert While we acknowledge that airplanes times that generally coincide with service bulletins, the degree of urgency having L/N 927 and subsequent have operators’ maintenance schedules. associated with the subject unsafe been equipped with the new pumps in However, because operators’ schedules condition, the average utilization of the production, the pumps may have been vary substantially, we cannot affected fleet and the time necessary to replaced since then. Therefore, all accommodate every operator’s optimal perform the actions. In light of all of airplanes must be inspected. However, scheduling in each AD. Each AD does these factors, we find that the operators may examine their records to allow individual operators to obtain compliance times specified in this determine if the new fuel pumps are approval for extensions of compliance supplemental NPRM represent an installed. If it is conclusively times, based on a showing that the appropriate interval of time for affected determined that the new pumps are extension will not affect safety airplanes to continue to operate without installed, no further action is necessary. adversely. Therefore, we do not compromising safety. However, an We have added new paragraph (h) to consider it appropriate to attribute to operator may request an alternative allow a records review to determine if this supplemental NPRM the costs method of compliance (AMOC) to the new pump is installed. associated with the type of special extend the compliance time in scheduling that might otherwise be Request To Reference Future Revision accordance with paragraph (l) of this required. of Service Bulletin supplemental NPRM. Furthermore, we do not consider it ATA, on behalf of its members, appropriate to attribute the costs Request To Revise Applicability and American Airlines and United Airlines, associated with aircraft ‘‘down time’’ to Compliance Times requests that the original NPRM this supplemental NPRM. Normally, Boeing recommends that the reference Revision 2 of the Boeing Alert compliance with an AD will not compliance times for airplanes having Service Bulletins 767–28A0077 and necessitate any additional down time L/Ns 915 through 926 be revised to 767–28A0081. The commenter states beyond that of a regularly scheduled match the compliance times specified in that Revision 2 will cite Hamilton- maintenance hold. Even if additional the alert service bulletins for airplanes Sundstrand Service Bulletin 5006003– down time is necessary for some having L/Ns 1 through 914. The 28–3, which would provide the airplanes in some cases, we do not have commenter notes that the applicability instructions to incorporate into the sufficient information to evaluate the of L/Ns 1 through 914 for the one set of subject fuel pumps a new shaft and number of airplanes that may be so compliance times was based on rotor assembly designed to correct the affected or the amount of additional Hamilton Sundstrand determining problem. down time that may be required as this which pumps had the missing flame We do not agree. We have confirmed may vary from operator to operator. arrestors. However, the commenter with Boeing that Alert Service Bulletins Therefore, attempting to estimate such states that the terminating action design 767–28A0077 and 767–28A0081 will costs is not appropriate. was incorporated at L/N 927 with the not be revised to provide a terminating In addition, the economic analysis new main boost pump part number action. As discussed previously, Boeing does not consider the costs of specified in Boeing Alert Service has issued Alert Service Bulletins 767– conditional actions, such as repairing a Bulletins 767–28A0088 and 767– 28A0088 and 767–28A0089, which crack detected during a required 28A0089. Therefore, the commenter constitute terminating actions for the inspection (‘‘repair, if necessary’’). Such notes that including airplanes having L/ repetitive actions of paragraphs (f) and conditional repairs would be required, Ns 915 through 926 in the compliance (g) of this supplemental NPRM. regardless of AD direction, to correct an times for L/Ns 1 through 914 would unsafe condition identified in an Request To Revise Cost clarify when the new pump number was airplane and to ensure that the airplane installed. The commenter recommends ATA, on behalf of its member United is operated in an airworthy condition, as the following compliance times for the Airlines, requests that the cost analysis required by the Federal Aviation original NPRM: be revised. ATA requests that the cost Regulations. analysis include items such as the The compliance times presented in ‘‘For aircraft having L/N 1–926, do an initial inspection within 365 days. For those impact of airplanes rerouting to a this supplemental NPRM were aircraft with more than 15,000 hours, do the maintenance facility, aircraft developed to minimize the economic inspection again at each 6,000 flight interval preparation, access, correction of impact on operators as much as possible or 24 months whichever comes first. For discrepancies found, aircraft close-up, while being consistent with the safety

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objectives associated with this compliance times specified by this We concur with the MARPA’s general supplemental NPRM and the referenced supplemental NPRM recognize the fact request that, if we know that an unsafe alert service bulletins. We have not that a missing flame arrestor does not condition also exists in PMA parts, the revised this supplemental NPRM in this present a very high risk for most flight AD should address those parts, as well regard. conditions when there is enough fuel to as the original parts. The MARPA’s cover the pump inlet. We find that, to remarks are timely in that the Transport Request for SFAR 88 Information achieve an adequate level of safety for Airplane Directorate currently is in the ATA questions if the original NPRM the affected fleet, repetitive inspections process of reviewing this issue as it originated from the SFAR 88 fuel tank are necessary. We have not revised this applies to transport category airplanes. system safety review. supplemental NPRM in this regard. We acknowledge that there may be other We confirm that this supplemental ways of addressing this issue to ensure Request To Reference Part Numbers NPRM did not originate from the SFAR that unsafe PMA parts are identified and 88 fuel tank system safety review. The Modification and Replacement addressed. Once we have thoroughly Request To Remove Repetitive Parts Association (MARPA) requests examined all aspects of this issue, Inspections that we identify the affected fuel pumps including input from industry, and have in the original NPRM by either Boeing made a final determination, we will Delta Airlines states that it is not or Hamilton Sundstrand (or both) part consider whether our policy regarding convinced the repetitive inspections numbers. The MARPA also requests that addressing PMA parts in ADs needs to specified in the original NPRM are we include any possible defective parts be revised. necessary. We infer that the commenter manufacturer approval (PMA) In response to the commenter’s requests that the repetitive inspections alternative parts so that any defective statement regarding a ‘‘regulatory be removed. The commenter states that PMA parts are also subject to the loophole,’’ this statement appears to the risk of problems associated with original NPRM. reflect a misunderstanding of the missing or loose boost pump flame The commenter asserts that, under 14 relationship between ADs and the arrestors is not great enough to justify CFR 21.303, there may be fuel pumps certification procedural regulations of repetitive inspections fleetwide. The that could be approved replacement part 21 of the Federal Aviation commenter also states that the pump parts for the affected fuel pumps. If Regulations (14 CFR part 21). Those flame arrestors have been found loose replacement parts do exist, the MARPA regulations, including section 21.303 of but not missing, and that they retain states that the PMA fuel pumps may the Federal Aviation Regulations (14 their flame arresting qualities if loose. In have a different part number from the CFR 21.203), are intended to ensure that addition, the commenter states that if a affected fuel pumps and therefore will aeronautical products comply with the sheared roll pin is going to cause a not likely be addressed by model or applicable airworthiness standards. But problem, it is going to occur serial number in the service ADs are issued when, notwithstanding immediately after the pin fails; since the information. Therefore, the MARPA those procedures, we become aware of roll pin can shear at any time, no asserts that a regulatory loophole is unsafe conditions in these products or amount of inspections would prevent created if a ‘‘defective’’ PMA part is parts. Therefore, an AD takes pin failures. installed, because only the original precedence over design approvals when The commenter believes that the more equipment manufacturer (OEM) part we identify an unsafe condition. likely scenario, dry running pumps in will be identified in the manufacturer Since we have determined that an the main tanks during ground or flight service information. In addition, the unsafe condition exists and that operations, is not a meaningful risk MARPA states that the affected fuel replacement of certain parts must be because those concerns would be pumps are identified in proprietary accomplished to ensure continued eclipsed by fuel starvation of the service information that is not available safety, no additional change has been engines. The commenter notes that it to the general public and that the made to the supplemental NPRM in this looks to proper maintenance procedures proprietary service information may regard. for mitigation of the risk of dry running also not be available to supplier or pumps during defueling operations. The repair facilities. Therefore, the MARPA Request To Reference PMA Parts commenter suggests that installation of concludes that repair and supply The MARPA requests that the an improved pin or a pin replacement facilities might have defective OEM or language in the original NPRM be program would solve the problem better PMA parts in stock that could be put changed to embrace any PMA than repetitive inspections. into service unless such parts are alternatives. We understand Delta’s concerns; identified as subject to the requirements We infer that the MARPA would like however, we do not agree to remove the of the original NPRM. the original NPRM to permit installation repetitive inspections. The objective of We acknowledge the MARPA’s of any equivalent PMA parts so that it the flame arrestor is to preclude a flame concerns; however, we do not agree that is not necessary for an operator to originated in the reprime unit or beyond it is necessary to identify the request approval of an AMOC in order from moving to the fuel tank. The flame manufacturer and part numbers of the to install an ‘‘equivalent’’ PMA part. arrestor may drop into the reprime unit subject fuel pumps. At this time, we are Whether an alternative part is area if the flame arrestor pin is broken not aware of other PMA parts equivalent ‘‘equivalent’’ in adequately resolving the and contacts rotating parts; in this to the affected fuel pumps. Also, this unsafe condition can only be position, a flame arrestor might create supplemental NPRM would require that determined on a case-by-case basis sparks that ignite the fuel vapors. A all fuel pumps be inspected, regardless based on a complete understanding of misplaced or missing flame arrestor of origin. Since the part numbers of the the unsafe condition. We are not represents a latent failure that leaves the affected fuel pumps are identified in the currently aware of any such parts. Our airplane one failure away from a fuel applicable Boeing and Hamilton policy is that, in order for operators to tank ignition. Sundstrand service bulletins specified replace a part with one that is not The probability of a flame reaching in the supplemental NPRM, it is specified in an AD, they must request an the fuel tank is significantly reduced if unnecessary to specify part numbers in AMOC. This is necessary so that we can fuel covers the pump inlet. The the supplemental NPRM. make a specific determination that an

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alternative part is or is not susceptible this will provide flexibility to operators. recent type certificate data sheet for the to the same unsafe condition. The commenter notes that it does not affected models. An AD provides a means of have many spare pumps. Clarification of Unsafe Condition compliance for operators to ensure that We acknowledge that doing the Statement the identified unsafe condition is actions in the supplemental NPRM at a addressed appropriately. For an unsafe separate time for each main fuel tank The original NPRM specified the condition attributable to a part, an AD would provide flexibility to the unsafe condition as ‘‘the possible normally identifies the replacement operators. Operators may do the actions migration of a flame from a main tank parts necessary to obtain that for each pump separately provided that fuel boost pump inlet to the vapor space compliance. As stated in section 39.7 of operators have done the actions on all of that fuel tank, and consequent the Federal Aviation Regulations (14 pumps within the applicable ignition of fuel vapors, which could CFR 39.7), ‘‘Anyone who operates a compliance times specified in the result in a fire or explosion, should the product that does not meet the supplemental NPRM. We have added pump inlets become uncovered.’’ We requirements of an applicable Note 1, Note 4, and Note 5 to this have revised the unsafe condition airworthiness directive is in violation of supplemental NPRM to clarify that the statement in this supplemental NPRM this section.’’ Unless an operator obtains actions may be done separately by removing the phrase ‘‘should the approval for an AMOC, replacing a part provided that all actions are done pump inlets become uncovered.’’ The with one not specified by an AD would within the applicable compliance times. pump inlet does not need to be make the operator subject to an uncovered for ignited vapors in the enforcement action and result in a civil FAA’s Determination and Proposed pump to cause a tank explosion. penalty. No change to this supplemental Requirements of the Supplemental Clarification of AMOC Paragraph NPRM is necessary in this regard. NPRM We have revised this action to clarify Request To Allow Doing Actions on the Certain changes discussed above the appropriate procedure for notifying Main Fuel Tanks Separately expand the scope of the original NPRM; the principal inspector before using any ANA requests that we permit therefore, we have determined that it is approved AMOC on any airplane to operators to do the inspection of each necessary to reopen the comment period which the AMOC applies. main fuel tank separately and not to provide additional opportunity for require operators to do an inspection of public comment on this supplemental Costs of Compliance all main fuel tanks on an airplane at the NPRM. This supplemental NPRM affects same maintenance stop. Also, the Explanation of Change to Applicability about 915 airplanes worldwide, and 400 commenter requests that we permit airplanes of U.S. registry. The following operators to do any terminating action We have revised the applicability of table provides the estimated costs for for each main fuel tank independent of the original NPRM to identify model U.S. operators to comply with this the other. The commenter states that designations as published in the most supplemental NPRM.

ESTIMATED COSTS

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

Inspection of flame arrestor presence/ 5 $80 None ...... $400, per inspection cycle ...... $160,000, per inspection cycle. Position. Replacement ...... 3 80 $25,004... $25,244 ...... $10,097,600. 1 1 However, the parts manufacturer states that it may cover the cost of replacement parts associated with this supplemental NPRM for certain affected airplanes, subject to warranty conditions. As a result, the costs attributable to the supplemental NPRM may be less than stated above.

Authority for This Rulemaking because it addresses an unsafe condition 2. Is not a ‘‘significant rule’’ under the that is likely to exist or develop on Title 49 of the United States Code DOT Regulatory Policies and Procedures products identified in this rulemaking specifies the FAA’s authority to issue (44 FR 11034, February 26, 1979); and action. rules on aviation safety. Subtitle I, 3. Will not have a significant section 106, describes the authority of Regulatory Findings economic impact, positive or negative, the FAA Administrator. Subtitle VII, on a substantial number of small entities Aviation Programs, describes in more We have determined that this under the criteria of the Regulatory detail the scope of the Agency’s proposed AD would not have federalism Flexibility Act. implications under Executive Order authority. We prepared a regulatory evaluation We are issuing this rulemaking under 13132. This proposed AD would not have a substantial direct effect on the of the estimated costs to comply with the authority described in subtitle VII, this supplemental NPRM and placed it part A, subpart III, section 44701, States, on the relationship between the in the AD docket. See the ADDRESSES ‘‘General requirements.’’ Under that national Government and the States, or section for a location to examine the section, Congress charges the FAA with on the distribution of power and regulatory evaluation. promoting safe flight of civil aircraft in responsibilities among the various levels of government. air commerce by prescribing regulations List of Subjects in 14 CFR Part 39 for practices, methods, and procedures For the reasons discussed above, I the Administrator finds necessary for certify that the proposed regulation: Air transportation, Aircraft, Aviation safety in air commerce. This regulation 1. Is not a ‘‘significant regulatory safety, Safety. is within the scope of that authority action’’ under Executive Order 12866;

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The Proposed Amendment replacement required by paragraph (i) of this Note 4: Any inspection/measurement of AD is accomplished. All applicable the pumps on the left and right main fuel Accordingly, under the authority corrective actions must be done before tanks may be done separately provided that delegated to me by the Administrator, further flight. the actions are done on all pumps within the the FAA proposes to amend 14 CFR part Note 1: Any inspection/measurement of compliance time specified in paragraph (g) of 39 as follows: the pumps on the left and right main fuel this AD. tanks may be done separately provided that (1) For airplanes that have accumulated PART 39—AIRWORTHINESS the actions are done on all pumps within the more than 15,000 total flight hours as of the DIRECTIVES compliance time specified in paragraph (f) of effective date of this AD, do the actions this AD. within 365 days after the effective date of this 1. The authority citation for part 39 AD. continues to read as follows: (1) For airplanes that have accumulated (2) For airplanes that have accumulated more than 15,000 total flight hours as of the Authority: 49 U.S.C. 106(g), 40113, 44701. 15,000 total flight hours or fewer as of the date the initial actions are done in effective date of this AD, do the actions § 39.13 [Amended] accordance with paragraph (f) of this AD: within 365 days after the date on which the Repeat the measurement thereafter at 2. The Federal Aviation airplane accumulates 15,000 total flight intervals not to exceed 6,000 flight hours or hours. Administration (FAA) amends § 39.13 24 months, whichever comes first. by adding the following new (2) For airplanes that have accumulated Optional Terminating Action—Records airworthiness directive (AD): 15,000 total flight hours or fewer as of the Review Boeing: Docket No. FAA–2005–20351; date the initial actions are done in (h) For any period when the part number Directorate Identifier 2003–NM–269–AD. accordance with paragraph (f) of this AD: Do (P/N) of a main tank fuel boost pump the measurement specified in paragraph (f) of installed on any airplane, as conclusively Comments Due Date this AD within 365 days after the date on determined from a review of airplane (a) The FAA must receive comments on which the airplane accumulates 15,000 total maintenance records, is P/N 5006003D, no this AD action by July 31, 2006. flight hours. Repeat the measurement further action is required by paragraphs (f), thereafter at intervals not to exceed 6,000 (g), and (i) of this AD for that pump only. Affected ADs flight hours or 24 months, whichever comes Replacement of the Main Tank Fuel Boost (b) None. first. Pumps Applicability Note 2: The Boeing alert service bulletins reference Hamilton Sundstrand Service (i) Within 36 months after the effective (c) This AD applies to all Boeing Model Bulletin 5006003–28–2, dated October 25, date of this AD, replace the left and right 767–200, –300, –300F, and –400ER series main tank fuel boost pumps with new or 2002, as an additional source of service airplanes, certificated in any category. modified pumps in accordance with the information for accomplishment of the Accomplishment Instructions of Boeing Alert inspection and corrective actions. Although Unsafe Condition Service Bulletin 767–28A0088 (for Model the Hamilton Sundstrand service bulletin (d) This AD results from reports that 767–200, –300, and –300F series airplanes) or certain fuel boost pumps may not have flame specifies to return main tank fuel boost Boeing Alert Service Bulletin 767–28A0089 arrestors installed in the pump shaft and pumps with damaged, broken, or out-of- (for Model 767–400ER series airplanes), both reports that the pin that holds the flame position flame arrestors to a repair shop, that dated February 24, 2005, as applicable. arrestor in place can break due to metal action is not required by this AD. Accomplishment of the replacement fatigue. We are issuing this AD to prevent the Note 3: For the purposes of this AD, a terminates the repetitive measurement possible migration of a flame from a main detailed inspection is: ‘‘An intensive requirements of paragraphs (f) and (g) of this tank fuel boost pump inlet to the vapor space examination of a specific item, installation, AD for that pump only. of that fuel tank, and consequent ignition of or assembly to detect damage, failure, or Note 5: Any replacement of the pumps on fuel vapors, which could result in a fire or irregularity. Available lighting is normally the left and right main fuel tanks may be explosion. supplemented with a direct source of good done separately provided that all pumps are Compliance lighting at an intensity deemed appropriate. replaced within the compliance time Inspection aids such as mirror, magnifying specified in paragraph (i) of this AD. (e) You are responsible for having the lenses, etc., may be necessary. Surface Note 6: The Boeing alert service bulletins actions required by this AD performed within cleaning and elaborate procedures may be reference Hamilton Sundstrand Service the compliance times specified, unless the required.’’ actions have already been done. Bulletin 5006003–28–3, dated December 8, (g) For airplanes having L/Ns 915 and on, 2004, as the appropriate source of service Inspection for Presence/Position of Flame except as provided by paragraph (h) of this information for modifying the pump. Arrestor in Main Tank Fuel Boost Pumps AD: At the applicable time specified in (f) For airplanes having line numbers (L/ paragraph (g)(1) or (g)(2) of this AD, do a Inspections Accomplished According to Ns) 1 through 914 inclusive, except as detailed inspection of each main tank fuel Previous Issue of Service Bulletin provided by paragraph (h) of this AD: Within boost pump to determine if the pump shaft (j) Inspections accomplished before the 365 days after the effective date of this AD, flame arrestor is installed, a measurement of effective date of this AD according to Boeing do a detailed inspection of each main tank the flame arrestor’s position in the pump, Alert Service Bulletin 767–28A0077, dated fuel boost pump to determine if the pump and all applicable corrective actions, by March 6, 2003; or Boeing Alert Service shaft flame arrestor is installed, a accomplishing all the actions specified in the Bulletin 767–28A0081, dated March 6, 2003; measurement of the flame arrestor’s position Accomplishment Instructions of Boeing Alert are considered acceptable for compliance in the pump, and all applicable corrective Service Bulletin 767–28A0077 (for Model with the corresponding action specified in actions, by accomplishing all the actions 767–200, –300, and –300F series airplanes) or paragraphs (f) and (g) of this AD. specified in the Accomplishment Boeing Alert Service Bulletin 767–28A0081 Instructions of Boeing Alert Service Bulletin (for Model 767–400ER series airplanes), both Parts Installation 767–28A0077 (for Model 767–200, –300, and Revision 1, both dated July 8, 2004, as (k) As of the effective date of this AD, only –300F series airplanes) or Boeing Alert applicable. Repeat the measurement of the main tank fuel boost pumps identified in Service Bulletin 767–28A0081 (for Model flame arrestor’s position in the pump paragraphs (k)(1) and (k)(2) of this AD may 767–400ER series airplanes), both Revision 1, thereafter at intervals not to exceed 6,000 be installed on any airplane. both dated July 8, 2004, as applicable. Repeat flight hours or 24 months, whichever comes (1) Any main tank fuel boost pump that has the measurement of the flame arrestor’s first, until the replacement required by been inspected, and on which all applicable position in the pump thereafter at intervals paragraph (i) of this AD is accomplished. All corrective actions have been performed, in not to exceed the applicable time specified in applicable corrective actions must be done accordance with paragraph (f) or (g) of this paragraph (f)(1) or (f)(2) of this AD, until the before further flight. AD.

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(2) Any main tank fuel boost pump having DATES: We must receive comments on Statement in the Federal Register P/N 5006003D. this proposed AD by August 7, 2006. published on April 11, 2000 (65 FR Alternative Methods of Compliance ADDRESSES: Use one of the following 19477–78), or you may visit http:// (AMOCs) addresses to submit comments on this dms.dot.gov. (l)(1) The Manager, Seattle Aircraft proposed AD. Examining the Docket Certification Office, FAA, has the authority to • DOT Docket Web site: Go to approve AMOCs for this AD, if requested in http://dms.dot.gov and follow the You may examine the AD docket on accordance with the procedures found in 14 instructions for sending your comments the Internet at http://dms.dot.gov, or in CFR 39.19. electronically. person at the Docket Management (2) Before using any AMOC approved in • Government-wide rulemaking Web Facility office between 9 a.m. and 5 accordance with § 39.19 on any airplane to site: Go to http://www.regulations.gov p.m., Monday through Friday, except which the AMOC applies, notify the Federal holidays. The Docket appropriate principal inspector in the FAA and follow the instructions for sending your comments electronically. Management Facility office (telephone Flight Standards Certificate Holding District • (800) 647–5227) is located on the plaza Office. Mail: Docket Management Facility; U.S. Department of Transportation, 400 level of the Nassif Building at the DOT Issued in Renton, Washington, on June 13, street address stated in the ADDRESSES 2006. Seventh Street, SW., Nassif Building, Room PL–401, Washington, DC 20590. section. Comments will be available in Ali Bahrami, • Fax: (202) 493–2251. the AD docket shortly after the Docket Manager, Transport Airplane Directorate, • Hand Delivery: Room PL–401 on Management System receives them. Aircraft Certification Service. the plaza level of the Nassif Building, Discussion [FR Doc. E6–10536 Filed 7–5–06; 8:45 am] 400 Seventh Street, SW., Washington, BILLING CODE 4910–13–P DC, between 9 a.m. and 5 p.m., Monday On February 11, 2005, we issued AD through Friday, except Federal holidays. 2005–04–12, amendment 39–13984 (70 Contact Saab Aircraft AB, SAAB FR 9215, February 25, 2005), for certain DEPARTMENT OF TRANSPORTATION Aircraft Product Support, S–581.88, Saab Model SAAB SF340A and SAAB 340B series airplanes. That AD requires Federal Aviation Administration Linko¨ping, Sweden, for service information identified in this proposed repetitive inspections for wear of the AD. brushes and leads and for loose rivets of 14 CFR Part 39 the direct current (DC) starter generator, FOR FURTHER INFORMATION CONTACT: and related investigative/corrective [Docket No. FAA–2006–25271; Directorate Mike Borfitz, Aerospace Engineer, actions if necessary. That AD resulted Identifier 2006–NM–067–AD] International Branch, ANM–116, FAA, from reports of premature failures of the Transport Airplane Directorate, 1601 RIN 2120–AA64 DC starter generator prior to scheduled Lind Avenue, SW., Renton, Washington overhaul. We issued that AD to prevent 98055–4056; telephone (425) 227–2677; Airworthiness Directives; Saab Model failure of the starter generator, which fax (425) 227–1149. SAAB-Fairchild SF340A (SAAB/ could cause a low voltage situation in SF340A) and SAAB 340B Airplanes SUPPLEMENTARY INFORMATION: flight and result in increased pilot Comments Invited workload and reduced redundancy of AGENCY: Federal Aviation the electrical powered systems. Administration (FAA), Department of We invite you to submit any relevant Transportation (DOT). written data, views, or arguments Actions Since Existing AD Was Issued ACTION: Notice of proposed rulemaking regarding this proposed AD. Send your The preamble to AD 2005–04–12 (NPRM). comments to an address listed in the explains that we considered the ADDRESSES section. Include the docket requirements ‘‘interim action’’ and were SUMMARY: The FAA proposes to number ‘‘Docket No. FAA–2006–25271; considering further rulemaking if a final supersede an existing airworthiness Directorate Identifier 2006–NM–067– action is identified. The manufacturer directive (AD) that applies to certain AD’’ at the beginning of your comments. has now designed a new improved Model SAAB-Fairchild SF340A and We specifically invite comments on the generator control unit (GCU), and we SAAB 340B airplanes. The existing AD overall regulatory, economic, have determined that further currently requires repetitive inspections environmental, and energy aspects of rulemaking is indeed necessary; this for wear of the brushes and leads and the proposed AD. We will consider all proposed AD follows from that for loose rivets of the direct current (DC) comments received by the closing date determination. starter generator, and related and may amend the proposed AD in investigative/corrective actions if light of those comments. Relevant Service Information necessary. This proposed AD would We will post all comments we Saab has issued Saab 340 Service require installing new improved receive, without change, to http:// Bulletin 340–24–026, Revision 03, dated generator control units (GCUs). dms.dot.gov, including any personal December 20, 2004. The service bulletin Installing the GCUs would end the information you provide. We will also describes procedures for installing new repetitive inspection requirements of post a report summarizing each improved GCUs. Accomplishing the the existing AD. This proposed AD substantive verbal contact with FAA actions specified in the service results from reports of premature personnel concerning this proposed AD. information is intended to adequately failures of the DC starter generator prior Using the search function of that Web address the unsafe condition. The to scheduled overhaul. We are site, anyone can find and read the Luftfartsverket (LFS), which is the proposing this AD to prevent failure of comments in any of our dockets, airworthiness authority for Sweden, the starter generator, which could cause including the name of the individual mandated the service information and a low voltage situation in flight and who sent the comment (or signed the issued Swedish airworthiness directive result in increased pilot workload and comment on behalf of an association, 1–197, dated November 5, 2004, to reduced redundancy of the electrical business, labor union, etc.). You may ensure the continued airworthiness of powered systems. review the DOT’s complete Privacy Act these airplanes in Sweden.

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FAA’s Determination and Requirements repetitive inspection requirements of notifying the principal inspector before of the Proposed AD AD 2005–04–12. using any approved AMOC on any airplane to which the AMOC applies. These airplane models are Changes to Existing AD For clarification, we have revised the manufactured in Sweden and are type This proposed AD would retain all definition of a ‘‘general visual certificated for operation in the United requirements of AD 2005–04–12. Since inspection’’ in Note 1 of this proposed States under the provisions of section AD 2005–04–12 was issued, the AD AD. 21.29 of the Federal Aviation format has been revised, and certain Regulations (14 CFR 21.29) and the paragraphs have been rearranged. As a Explanation of Change to Costs of applicable bilateral airworthiness result, the corresponding paragraph Compliance identifiers have changed in this agreement. Pursuant to this bilateral After AD 2005–04–12 was issued, we airworthiness agreement, the LFS has proposed AD, as listed in the following table: reviewed the figures we have used over kept the FAA informed of the situation the past several years to calculate AD described above. We have examined the REVISED PARAGRAPH IDENTIFIERS costs to operators. To account for LFS’s findings, evaluated all pertinent various inflationary costs in the airline information, and determined that AD Corresponding industry, we find it necessary to action is necessary for airplanes of this Requirement in AD 2005–04–12 requirement in this increase the labor rate used in these type design that are certificated for proposed AD calculations from $65 per work hour to operation in the United States. This $80 per work hour. The cost impact proposed AD would supersede AD paragraph (e) ...... paragraph (f). paragraph (f) ...... paragraph (g). information, below, reflects this 2005–04–12 and would continue to paragraph (g) ...... paragraph (h). increase in the specified hourly labor require repetitive inspections for wear rate. of the brushes and leads and for loose We have revised the applicability to Costs of Compliance rivets of the direct current (DC) starter identify model designations as generator, and related investigative/ published in the most recent type This proposed AD would affect about corrective actions if necessary. This certificate data sheet for the affected 170 airplanes of U.S. registry. The proposed AD would also require models. following table provides the estimated installing new improved GCUs. We have also revised this action to costs for U.S. operators to comply with Installing the GCUs would end the clarify the appropriate procedure for this proposed AD.

ESTIMATED COSTS

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

Inspections (required by AD 1 $80 $0 $80, per inspection cycle ...... $13,600, per inspection cycle. 2005–04–02). Installation (new proposed ac- 1 80 7,598 7,678...... $1,305,260. tion).

Authority for This Rulemaking Regulatory Findings for a location to examine the regulatory evaluation. Title 49 of the United States Code We have determined that this specifies the FAA’s authority to issue proposed AD would not have federalism List of Subjects in 14 CFR Part 39 implications under Executive Order rules on aviation safety. Subtitle I, 13132. This proposed AD would not Air transportation, Aircraft, Aviation Section 106, describes the authority of have a substantial direct effect on the safety, Safety. the FAA Administrator. Subtitle VII, States, on the relationship between the The Proposed Amendment Aviation Programs, describes in more National Government and the States, or detail the scope of the Agency’s on the distribution of power and Accordingly, under the authority authority. responsibilities among the various delegated to me by the Administrator, We are issuing this rulemaking under levels of government. the FAA proposes to amend 14 CFR part the authority described in Subtitle VII, For the reasons discussed above, I 39 as follows: Part A, Subpart III, Section 44701, certify that the proposed regulation: 1. Is not a ‘‘significant regulatory PART 39—AIRWORTHINESS ‘‘General requirements.’’ Under that DIRECTIVES section, Congress charges the FAA with action’’ under Executive Order 12866; 2. Is not a ‘‘significant rule’’ under the promoting safe flight of civil aircraft in DOT Regulatory Policies and Procedures 1. The authority citation for part 39 air commerce by prescribing regulations (44 FR 11034, February 26, 1979); and continues to read as follows: for practices, methods, and procedures 3. Will not have a significant Authority: 49 U.S.C. 106(g), 40113, 44701. the Administrator finds necessary for economic impact, positive or negative, safety in air commerce. This regulation on a substantial number of small entities § 39.13 [Amended] is within the scope of that authority under the criteria of the Regulatory 2. The Federal Aviation because it addresses an unsafe condition Flexibility Act. Administration (FAA) amends § 39.13 that is likely to exist or develop on We prepared a regulatory evaluation by removing amendment 39–13984 (70 products identified in this rulemaking of the estimated costs to comply with FR 9215, February 25, 2005) and adding action. this proposed AD and placed it in the the following new airworthiness AD docket. See the ADDRESSES section directive (AD):

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SAAB Aircraft AB: Docket No. FAA–2006– exceed 800 flight hours until paragraph (i) of Issued in Renton, Washington, on June 28, 25271; Directorate Identifier 2006–NM– this AD is done. 2006. 067–AD. (2) If the tops of the brush sets are below Kalene C. Yanamura, Comments Due Date the top of the brush box, before further flight, Acting Manager, Transport Airplane measure the brushes and determine the (a) The FAA must receive comments on Directorate, Aircraft Certification Service. remaining amount of brush life remaining, in this AD action by August 7, 2006. [FR Doc. E6–10537 Filed 7–5–06; 8:45 am] accordance with the service bulletin. BILLING CODE 4910–13–P Affected ADs (i) If the brush wear is within the limits (b) This AD supersedes AD 2005–04–12. specified in the service bulletin, repeat the inspection thereafter at intervals not to DEPARTMENT OF COMMERCE Applicability exceed 800 flight hours until paragraph (i) of (c) This AD applies to Saab Model SAAB- this AD is done. Bureau of Industry and Security Fairchild SF340A (SAAB/SF340A) airplanes (ii) If the brush wear is outside the limits having serial numbers 004 through 159 specified in the service bulletin, before 15 CFR Parts 740, 742, 744 and 748 inclusive, and Model SAAB 340B airplanes further flight, replace the starter generator having serial numbers 160 through 367 with a new or serviceable starter generator, [Docket No. 060622180–6180–01] inclusive; certificated in any category; on in accordance with the service bulletin. which Saab Modification 2533 has not been RIN 0694–AD75 implemented. Inspections for Loose Rivets Revisions and Clarification of Export Unsafe Condition (g) For generators overhauled in and Reexport Controls for the People’s accordance with MRB Task 243104: Before (d) This AD results from reports of Republic of China (PRC); New 800 flight hours since last overhaul, or within premature failures of the direct current (DC) Authorization Validated End-User starter generator prior to scheduled overhaul. 100 flight hours after April 1, 2005, We are issuing this AD to prevent failure of whichever occurs later, perform a general AGENCY: Bureau of Industry and the starter generator, which could cause a visual inspection of each leading wafer brush Security, Commerce. low voltage situation in flight and result in for loose rivets, in accordance with Saab ACTION: Proposed rule. increased pilot workload and reduced Service Bulletin 340–24–035, dated July 5, redundancy of the electrical powered 2004. Repeat the inspection thereafter at systems. SUMMARY: It is the policy of the United intervals not to exceed 800 flight hours until States Government to prevent exports Compliance paragraph (i) of this AD is done. If any rivet that would make a material contribution (e) You are responsible for having the is loose, before further flight, replace the DC to the military capability of the People’s actions required by this AD performed within starter generator with a new or serviceable Republic of China (PRC), while the compliance times specified, unless the starter generator, in accordance with the facilitating U.S. exports to legitimate actions have already been done. service bulletin. civil end-users in the PRC. Consistent Restatement of the Requirements of AD MRB Task 243103 or 243101 with this policy, the Bureau of Industry 2005–04–12 (h) For generators overhauled or with and Security (BIS) proposes to amend Inspections for Wear of the DC Starter brush replacement accomplished in the Export Administration Regulations Generator Brushes and Leads accordance with MRB Task 243103 or (EAR) by revising and clarifying United (f) For generators overhauled in accordance 243101, no action is required by paragraphs States licensing requirements and with Maintenance Review Board (MRB) Task (f) and (g) of this AD. licensing policy on exports and 243104: Before 800 flight hours since last reexports of goods and technology to the New Requirements of This AD overhaul, or within 100 flight hours after PRC. April 1, 2005 (the effective date of AD 2005– Installation The proposed amendments include a 04–12), perform a general visual inspection (i) For all generators: Within 36 months revision to the licensing review policy for wear of the DC starter generator brushes after the effective date of this AD, install new for items controlled on the Commerce and leads, in accordance with Saab Service Control List (CCL) for reasons of Bulletin 340–24–035, dated July 5, 2004. improved generator control units (GCUs) in accordance with the Accomplishment national security, including a new Note 1: For the purposes of this AD, a Instructions of Saab Service Bulletin 340–24– control based on knowledge of a general visual inspection is: ‘‘A visual military end-use on exports to the PRC examination of an interior or exterior area, 026, Revision 03, dated December 20, 2004. installation, or assembly to detect obvious Installing the GCUs terminates the repetitive of certain CCL items that otherwise do damage, failure, or irregularity. This level of inspection requirements of paragraphs (f) and not require a license to the PRC. The inspection is made from within touching (g) of this AD. items subject to this license requirement will be set forth in a list. This rule distance unless otherwise specified. A mirror Alternative Methods of Compliance (AMOCs) may be necessary to ensure visual access to further proposes to revise the licensing all surfaces in the inspection area. This level (j)(1) The Manager, International Branch, review policy for items controlled for of inspection is made under normally ANM–116, Transport Airplane Directorate, reasons of chemical and biological available lighting conditions such as FAA, has the authority to approve AMOCs proliferation, nuclear nonproliferation, daylight, hangar lighting, flashlight, or for this AD, if requested in accordance with and missile technology for export to the droplight and may require removal or the procedures found in 14 CFR 39.19. opening of access panels or doors. Stands, PRC, requiring that applications (2) Before using any AMOC approved in involving such items be reviewed in ladders, or platforms may be required to gain accordance with § 39.19 on any airplane to conjunction with the revised national proximity to the area being checked.’’ which the AMOC applies, notify the security licensing policy. Note 2: Saab Service Bulletin 340–24–035, appropriate principal inspector in the FAA dated July 5, 2004, references Goodrich Flight Standards Certificate Holding District This rule proposes the creation of a Service Information Letter 23080–03X–24– Office. new authorization for validated end- 01, dated July 1, 2004, as an additional users in certain destinations, including source of service information. Related Information the PRC, to whom certain, specified (1) If the tops of the brush sets are above (k) Swedish airworthiness directive 1–197, items may be exported or reexported. the top of the brush box, repeat the dated November 5, 2004, also addresses the Such validated end-users would be inspection thereafter at intervals not to subject of this AD. placed on a list in the EAR after review

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and approval by the United States U.S. companies have established exports for civil applications but Government. significant business operations there. generally to deny exports that will Finally, this rule proposes to require This greatly expanded economic contribute to the advancement of exporters to obtain an End-User relationship is beneficial for both Chinese military capabilities. Certificate, issued by the PRC Ministry nations. The United States and China Consistent with this revised policy of Commerce, for all items that both share an interest in expanding free and and U.S. commitments as a Participating require a license to the PRC for any fair trade, which has increased the State in the Wassenaar Arrangement reason and exceed a total value of prosperity of both the American and regarding review of items not on that $5,000. The current PRC End-Use Chinese people. At the same time, the regime’s dual use list that are destined Certificate applies only to items United States has a long standing policy for military end-use in a country subject controlled for national security reasons. of not permitting exports that would to an arms embargo, this rule proposes This rule also proposes to eliminate the make a material contribution to the to implement a new control on exports current requirement that exporters PRC’s military capability. Thus, the to the PRC of certain CCL items that submit PRC End-User Certificates to BIS United States seeks to facilitate trade for otherwise do not require a license to the with their license applications but confirmed civil end-uses and end-users PRC when the exporter has knowledge, provides that they must retain them for in the PRC, while preventing trade that as defined in section 772.1 of the EAR, five years. would serve military end-uses. that such items are destined for military DATES: Comments must be received by In 2005, U.S. companies exported end-use in the PRC or is informed that November 3, 2006. approximately $41 billion worth of such items are destined for such an end- ADDRESSES: Written comments on this items to the PRC. During the same use. The additional items that would be rule may be sent to the Federal period, approximately $2.4 billion subject to this military end-use eRulemaking Portal: http:// worth of exports were licensed for restriction are based on careful www.regulations.gov, or by e-mail to export to the PRC, while $12.5 million interagency review of items listed on the [email protected]. . Include worth of exports were denied. In order CCL that currently do not require a RIN 0694–AD75 in the subject line of to strengthen U.S. Government license for export to the PRC but have the message. Comments may be confidence that these U.S. exports the potential to advance the military submitted by mail or hand delivery to conform to U.S. policy and to determine capabilities of the PRC. For purposes of Sheila Quarterman, Office of Exporter the bona fides of potential and actual serving this revised policy and U.S. Services, Regulatory Policy Division, end-users, the U.S. Government commitments as a Participating State in Bureau of Industry and Security, conducts end-use visits, consisting of the Wassenaar Arrangement, this rule Department of Commerce, 14th St. & Pre-License Checks (PLCs) and Post- proposes to define ‘‘military end-use’’ Pennsylvania Avenue, NW., Room 2705, Shipment Verifications (PSVs). In April as: incorporation into, or use for the Washington, D.C. 20230, ATTN: RIN 2004, the Vice Minister of Commerce of production , design, development, 0694–AD75; or by fax to (202) 482– the PRC and the U.S. Under Secretary of maintenance, operation, installation, or Commerce for Industry and Security deployment, repair, overhaul, or 3355. Send comments regarding the exchanged letters transmitting an refurbishing of items (1) described on collection of information to David understanding on strengthened the U.S. Munitions List (USML) (22 CFR Rostker, Office of Management and procedures for conducting such end-use Part 121, International Traffic in Arms Budget (OMB), by e-mail to visits. This end-use visit understanding Regulations); (2) described on the [email protected], or by fax has facilitated exports of items on the Munitions List (IML) (as set out on the to (202) 395–7285; and to the Regulatory Commerce Control List (CCL) in Wassenaar Arrangement Web site at Policy Division, Bureau of Industry and Supplement No. 1 to Part 774 of the http://www.wassenaar.org); or (3) listed under Export Control Classification Security, Department of Commerce, P.O. Export Administration Regulations (EAR) by providing greater assurance Numbers (ECCNs) ending in ‘‘A018’’ on Box 273, Washington, DC 20044. that U.S. exports of controlled dual-use the CCL in Supplement No. 1 to Part FOR FURTHER INFORMATION CONTACT: items are being used by their intended 774 of the EAR. This new control would Bernard Kritzer, Director, Office of recipients for their intended purposes. be set forth in new section 744.21 of the National Security and Technology This rule proposes certain revisions EAR. Transfer Controls, Bureau of Industry and clarifications to licensing Applications to export, reexport, or and Security, Department of Commerce, requirements and policies with regard to transfer items controlled pursuant to P.O. Box 273, Washington, DC 20044; the PRC to more precisely reflect U.S. proposed section 744.21 would be telephone: (202) 482–0092, or e-mail: export control policy. reviewed on a case-by-case basis to [email protected]. determine whether the export, reexport, Revision of Licensing Review Policy and SUPPLEMENTARY INFORMATION or transfer would make a material License Requirements contribution to the military capabilities Background To strengthen U.S. efforts to prevent of the PRC and would result in This rule proposes revisions and U.S. exports to the PRC that would advancing the country’s military clarifications to United States policy on make a material contribution to the activities contrary to the national exports to the People’s Republic of PRC’s military capabilities, this rule security interests of the United States. China (PRC) of goods and technologies proposes revisions to the licensing Other end-use controls in part 744 of the controlled for national security and review policy for items controlled on EAR will continue to apply. In addition, foreign policy reasons. As the PRC has the CCL for reasons of national security BIS proposes to also review license increased its participation in the global (i.e., controlled pursuant to the applications for items controlled for economy, bilateral trade between the Wassenaar Arrangement), set forth in chemical and biological proliferation, PRC and the United States has grown section 742.4(b)(7) of the EAR. nuclear nonproliferation and missile rapidly, and the PRC has emerged as a Specifically, this rule amends section technology under sections 742.2, 742.3 major market for U.S. exports. In 742.4(b)(7) to reaffirm that the overall and 742.5, respectively, of the EAR, in addition, as the PRC also increasingly policy of the United States for exports accordance with the licensing policies has allowed foreign investment, many to the PRC of these items is to approve in both paragraph (b) of the particular

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proliferation section and section support documentation provided with specified to the extent of the applicable 742.4(b)(7) of the EAR when those items the license application. Instead, this subparagraph of the ECCN entry. The are destined to the PRC. rule would require exporters to include request also should include a Items primarily affected by the the serial number of the PRC End-User description of how each item would be revisions discussed in this section are Certificate in an appropriate field of the used by the eligible end-user in an items controlled for anti-terrorism license application, and to retain the eligible destination. Such requests reasons under the EAR. The specific PRC End-User Certificate in accordance would be accepted from exporters, items that are subject to the military with the recordkeeping provisions of the reexporters and end-users. A list of end-use license requirement will be set EAR. See section 762.3 (Records exempt validated end-users, respective eligible forth, by ECCN, including specific from recordkeeping requirements) of the items, and eligible destinations would parameters, in a list in Supplement No. EAR. These changes would be set forth appear in proposed Supplement No. 7 to 2 to Part 744 of the EAR. in sections 748.9 (Support Documents Part 748 (Supplement No. 7 to Part See sections 744.6 (Restrictions on for License Applications), 748.10 748—Authorization Validated End-User certain activities of U.S. persons), (Import and End-User Certificates), and (VEU): List of Validated End-Users, 744.21 (Restrictions on Certain Military 748.12 (Special Provisions for Support Respective Eligible Items and Eligible End-uses in the People’s Republic of Documents) of the EAR. Destinations) of the EAR. China (PRC)), and Supplement No. 2 to The proposed rule also provides, as Part 744 (Supplement No. 2 to Part New Authorization Validated End-User set forth in proposed section 748.15(c) 744—List of Items Subject to the (VEU) (Item restrictions), that some items Military End-Use License Requirement To facilitate legitimate exports to would not be eligible for export, of Section 744.21) of the EAR. civilian end-users, BIS proposes to reexport, or transfer under this establish a new authorization for Revision of End-User Certificate authorization. Ineligible items are those validated end-users in section 748.15 of Requirements restricted by statute. the EAR. This proposed authorization Finally, under new section 748.15, To strengthen implementation of the would allow the export, reexport, and exporters, reexporters and end-users April 2004 end-use visit understanding transfer of eligible items to specified who use authorization VEU would be between the Vice Minister of Commerce end-users in an eligible destination, required to comply with recordkeeping of the PRC and the U.S. Under Secretary including the PRC. These validated end- and reporting requirements, as of Commerce for Industry and Security, users would be those who meet a described in sections 748.15(e) this rule proposes that the requirement number of criteria, including a (Certification and recordkeeping) and (f) for exporters to obtain PRC End-User demonstrated record of engaging only in (Reporting and auditing requirements) Certificates from the Ministry of civil end-use activities and not of the EAR. As required in proposed Commerce of the PRC be expanded to contributing to the proliferation of section 748.15(e), prior to the initial apply to all exports of controlled goods weapons of mass destruction or export or reexport under authorization and technologies over a specific value otherwise engaged in activity contrary VEU, exporters or reexporters would be threshold (and not merely to those to U.S. national security or foreign required to receive and retain exports controlled for national security policy interests. certifications from eligible end-users reasons, as currently set forth in section In conjunction with other relevant that state that they are informed of and 748.10 of the EAR). Specifically, agencies, BIS proposes to evaluate will abide by all VEU end-use exporters would be required to obtain prospective validated end-users on the restrictions; they have procedures in an End-User Certificate, issued by the basis of a range of specific factors, place to ensure compliance with the PRC Ministry of Commerce, for all items which include the party’s record of terms and conditions of VEU; they will that require a license to the PRC for any exclusive engagement in civil end-use not use items obtained under VEU in reason and exceed a total value of activities; the party’s compliance with any of the prohibited activities $5,000 per single ECCN entry. U.S. export controls; the party’s described in part 744 of the EAR; and Consistent with the existing capability to comply with the they agree to allow on-site visits by U.S. Regulations, BIS will continue to requirements for VEU; the party’s Government officials to verify their require End-User Certificates for all agreement to on-site compliance compliance with the conditions of VEU. computer exports to the PRC that reviews by representatives of the United Validated end-users found to be not in require license applications, regardless States Government; and the party’s compliance with the requirements of of the dollar value of the export. BIS relationships with U.S and foreign VEU as set forth in section 748.15 will anticipates that this expansion of the companies. In addition, when be subject to removal from the list of End-Use Certificate requirement will evaluating the eligibility of an end-user, validated end-users and other action, as facilitate BIS’s ability to conduct end- agencies would consider the status of appropriate. use checks on exports or reexports of export controls in the eligible In addition, as described in proposed controlled goods and technologies to the destination and the support and section 748.15(f)(1), exporters and PRC, consistent with the existing end- adherence to multilateral export control reexporters who use authorization VEU use visit understanding with the regimes of the government of the would be required to submit annual Government of the PRC. Facilitation of eligible destination. The proposed rule reports to BIS. These reports must end-use checks should facilitate states that requests to be listed as a include specific information regarding increased U.S. exports to the PRC. This validated end-user should be submitted the export or reexport of eligible items revised requirement would be set forth in the form of an advisory opinion to each validated end-user. Exporters, in revised section 748.10 of the EAR. request as set forth in new section reexporters, and end-users who avail To minimize the impact that this 748.15(a)(2) (Eligible end-users) of the themselves of VEU also would be expanded support documentation EAR. In addition, requests would have audited on a routine basis, as described requirement will have on exporters, this to include a list of items identified by in proposed section 748.15(f)(2) rule also proposes to eliminate the ECCN that would be exported, (Audits). Upon request by BIS, requirement that exporters submit PRC reexported or transferred to an eligible exporters, reexporters, and validated End-User Certificates to BIS as required end-user. Those items would have to be end-users would be required to allow

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inspection of records or on-site BIS–748, and 0694–0093, ‘‘Import possible, but their consideration cannot compliance review. For audit purposes, Certificates and End-User Certificates,’’ be assured. BIS will not accept public this rule would require records and which carries a burden of 15 minutes comments accompanied by a request information identified in proposed per submission. This proposed rule also that a part or all of the material be section 748.15 to be retained in contains a proposed revision to the treated confidentially because of its accordance with the recordkeeping existing collection under Control business proprietary nature or for any requirements set forth in part 762 of the Number 0694–0088 for recordkeeping, other reason. BIS will return such EAR. reporting and auditing requirements, comments and materials to the persons Although the Export Administration which would be submitted in submitting the comments and will not Act expired on August 20, 2001, the connection with proposed authorization consider them in the development of the President, through Executive Order Validated End-User and would carry an final rule. All public comments on this 13222 of August 17, 2001 (3 CFR, 2001 estimated burden of 30 minutes per proposed rule must be in writing Comp., p. 783 (2002)), as extended by submission. An amendment to the (including fax or e-mail) and will be a the Notice of August 2, 2005, 70 FR existing collection under Control matter of public record, available for 45273 (August 5, 2005), has continued Number 0694–0088 will be submitted to public inspection and copying at the the Export Administration Regulations OMB for approval. Public comment will Federal eRulemaking Portal at http:// in effect under the International be sought regarding the burden of the www.regulations.gov and on the BIS Emergency Economic Powers Act. BIS collection of information associated Freedom of Information Act (FOIA) web proposes to amend the EAR in this rule with preparation and submission of site at http://www.bis.doc..gov/foia. BIS under the provisions of the EAA as these proposed requirements. This does not maintain a separate public continued in effect under IEEPA and proposed rule is not expected to result inspection facility. If you have technical Executive Order 13222. in a significant increase in license difficulties accessing this web site, Expansion of Foreign Policy-Based applications or other documentation please call BIS’s Office of Controls submitted to BIS. Send comments Administration at (202) 482–0500 for regarding this burden estimate or any assistance. [The following language will apply at other aspect of this collection of the point the rule passes the proposed information, including suggestions for List of Subjects stage: This action is taken after reducing the burden, to David Rostker, 15 CFR Parts 740 and 748 consultation with the Secretary of State. Office of Management and Budget This rule imposes new export controls (OMB), and to the Regulatory Policy Administrative practice and for foreign policy reasons. As required Division, Bureau of Industry and procedure, Exports, Foreign trade, by section 6 of the Export Security, Department of Commerce, as Reporting and recordkeeping Administration Act of 1979, as amended indicated in the ADDRESSES section of requirements. (the Act), a report on the imposition of this rule. 15 CFR Part 742 these controls was delivered to the 3. This rule does not contain policies Exports, Terrorism. Congress on [INSERT DATE OF with Federalism implications as that DELIVERY TO THE CONGRESS.]]. term is defined under Executive Order 15 CFR Part 744 Although the Act expired on August 20, 13132. Exports, Foreign trade, Reporting and 2001, Executive Order 1322 of August 4. The provisions of the recordkeeping requirements. 17, 2001, 3 CFR, 2001 Comp., p. 783 Administrative Procedure Act (5 U.S.C. (2002), as extended by the Notice of 553) requiring notice of proposed Accordingly, parts 740, 742, 744 and August 2, 2005, 70 FR 45273 (August 5, rulemaking and the opportunity for 748 of the Export Administration 2005), has continued the Export public participation are inapplicable Regulations (15 CFR parts 730–799) are Administration Regulations in effect because this regulation involves a proposed to be amended as follows: under the International Emergency military or foreign affairs function of the PART 742—[AMENDED] Economic Powers Act.] United States (5 U.S.C. 553(a)(1)). Further, no other law requires that a 1. The authority citation for 15 CFR Rulemaking Requirements notice of proposed rulemaking and an part 742 continues to read as follows: 1. This proposed rule has been opportunity for public comment be Authority: 50 U.S.C. app. 2401 et seq.; 50 determined to be not significant for given for this rule. Because a notice of U.S.C. 1701 et seq.; 18 U.S.C. 2510 et seq.; purposes of E.O. 12866. proposed rulemaking and an 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; Sec. 2. Notwithstanding any other opportunity for public comment are not 901–911, Pub. L. 106–387; Sec. 221, Pub. L. provision of law, no person is required required to be given for this rule by 5 107–56; Sec 1503, Pub. L. 108–11,117 Stat. to respond to, nor shall any person be U.S.C. 553, or by any other law, the 559; E.O. 12058, 43 FR 20947, 3 CFR, 1978 subject to a penalty for failure to comply analytical requirements of the Comp., p. 179; E.O. 12851, 58 FR 33181, 3 with, a collection of information subject Regulatory Flexibility Act, 5 U.S.C. 601 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR to the requirements of the Paperwork et seq., are not applicable. However, in 59099, 3 CFR, 1994 Comp., p. 950; E.O. Reduction Act of 1995 (44 U.S.C. 3501 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. order to obtain the benefit of a variety 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 et seq.) (PRA), unless that collection of of viewpoints before publishing any Comp., p. 783; Presidential Determination information displays a currently valid final rule, BIS is issuing this proposed 2003–23 of May 7, 2003, 68 FR 26459, May Office of Management and Budget rule with a request for comments. The 16, 2003; Notice of August 2, 2005, 70 FR (OMB) Control Number. This proposed period for submission of comments will 45273 (August 5, 2005); Notice of October 25, rule contains collections of information close on November 3, 2006. In 2005, 70 FR 62027 (October 27, 2005). subject to the requirements of the PRA. developing a final rule, BIS will 2. Amend § 742.2 by adding These collections have been approved consider all comments on all aspects of paragraph (b)(4) to read as follows: by OMB under Control Numbers 0694– this proposed rule that are received 0088 (Multi-Purpose Application), before the close of the comment period. § 742.2 Proliferation of Chemical and which carries a burden hour estimate of Comments received after the end of the Biological Weapons. 58 minutes to prepare and submit form comment period will be considered if * * * * *

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(b) * * * section and the licensing policies in (2) You have been informed by BIS (4) BIS will review license both paragraph (b) of this section and that the item is or may be intended, applications for items described in section 742.4(b)(7) of the EAR when entirely or in part, for a ‘‘military end- paragraph (a) of this section in those items are destined to the People’s use’’ in the PRC. accordance with the licensing policies Republic of China. (b) Additional prohibition on those described in paragraph (b) of this * * * * * informed by BIS. BIS may inform you section and the licensing policies in either individually by specific notice, both paragraph (b) of this section and PART 744—[AMENDED] through amendment to the EAR § 742.4(b)(7) when those items are published in the Federal Register, or destined to the People’s Republic of 6. The authority citation for 15 CFR through a separate notice published in China. part 744 is revised to read as follows: the Federal Register, that a license is * * * * * Authority: 50 U.S.C. app. 2401 et seq.; 50 required for specific exports, reexports, 3. Amend § 742.3 by adding U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; or transfers of any item because there is paragraph (b)(4) to read as follows: 42 U.S.C. 2139a; Sec. 901–911, Pub. L. 106– an unacceptable risk of use in or 387; Sec. 221, Pub. L. 107–56; E.O. 12058, 43 diversion to military end-use activities § 742.3 Nuclear nonproliferation. FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. in the PRC. Specific notice will be given * * * * * 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. only by, or at the direction of, the (b) * * * 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Deputy Assistant Secretary for Export Comp., p. 950; E.O. 12947, 60 FR 5079, 3 (4) BIS will also review license CFR, 1995 Comp., p. 356; E.O. 13026, 61 FR Administration. When such notice is applications for items described in 58767, 3 CFR, 1996 Comp., p. 228; E.O. provided orally, it will be followed by paragraph (a) of this section in 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. written notice within two working days accordance with the licensing policies 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 signed by the Deputy Assistant described in paragraph (b) of this Comp., p. 783; E.O. 13224, 66 FR 49079, 3 Secretary for Export Administration or section and the licensing policies in CFR, 2001 Comp., p. 786; Notice of August the Deputy Assistant Secretary’s both paragraph (b) of this section and 2, 2005, 70 FR 45273 (August 5, 2005); Notice designee. The absence of BIS § 742.4(b)(7) when those items are of October 25, 2005, 70 FR 62027 (October notification does not excuse the destined to the People’s Republic of 27, 2005). exporter from compliance with the China. 7. Amend § 744.6 by revising license requirements of paragraph (a) of * * * * * paragraph (a)(1)(ii) to read as follows: this section. 4. Amend § 742.4 by revising (c) License Exception. The only § 744.6 Restrictions on certain activities of paragraph (b)(7) to read as follows: License Exception that may apply to the U.S. persons. prohibitions described in paragraphs (a) § 742.4 National Security. (a) * * * and (b) of this section are the provisions * * * * * (1) * * * of License Exception GOV set forth in (b) * * * (ii) No U.S. person, as defined in § 740.11(b)(2)(i) or (ii) of the EAR. (7) For the People’s Republic of paragraph (c) of this section, shall, (d) License application procedure. China, there is a general policy of without a license from BIS, knowingly When submitting a license application approval for license applications to support an export or reexport, or pursuant to this section, you must state export, reexport, or transfer items to transfer that does not have a license as in the ‘‘additional information’’ section civil end-uses. There is a presumption required by this section or by § 744.21. of the BIS–748P ‘‘Multipurpose of denial for items that would make a Support means any action, including Application’’ or its electronic equivalent material contribution to the military financing, transportation, and freight that ‘‘this application is submitted capabilities of the People’s Republic of forwarding, by which a person because of the license requirement in China. Thus, all license applications for facilitates an export, reexport, or § 744.21 of the EAR (Restrictions on exports, reexports, and transfers to the transfer without being the actual Certain Military End-uses in the People’s Republic of China will be exporter or reexporter. People’s Republic of China).’’ In reviewed on a case-by-case basis to * * * * * addition, either in the additional determine whether the export, reexport, 8. Section 744.21 is added to read as information section of the application or or transfer would make a material follows: in an attachment to the application, you contribution to the military capabilities must include all known information of the People’s Republic of China. In § 744.21 Restrictions on Certain Military concerning the military end-use of the addition, license applications may be End-uses in the People’s Republic of China item(s). If you submit an attachment (PRC). reviewed under missile technology, with your license application, you must nuclear nonproliferation, or chemical (a) General prohibition. In addition to reference the attachment in the and biological weapons review policies, the license requirements for items additional information section. to determine if the end-user may be specified on the Commerce Control List (e) License review standards. (1) involved in proliferation activities. (CCL), you may not export, reexport, or Applications to export, reexport, or * * * * * transfer any item listed in Supplement transfer items described in paragraph (a) 5. Amend § 742.5 by adding No. 2 to Part 744 to the PRC without a of this section will be reviewed on a paragraph (b)(4) to read as follows: license or under a license exception case-by-case basis to determine whether described in paragraph (c) of this the export, reexport, or transfer would § 742.5 Missile Technology. section if, at the time of the export, make a material contribution to the * * * * * reexport, or transfer, you know, military capabilities of the PRC and (b) * * * meaning either: would result in advancing the country’s (4) BIS will also review license (1) You have knowledge that the item military activities contrary to the applications for items described in is intended, entirely or in part, for a national security interests of the United paragraph (a) of this section in ‘‘military end-use,’’ as defined in States. accordance with the licensing policies paragraph (f) of this section, in the PRC; (2) Applications may be reviewed described in paragraph (b) of this or under missile technology, nuclear

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nonproliferation, or chemical and for use in ‘‘composite’’ structures and with a manufacturing and test equipment controlled biological weapons review policies if specific modulus of 3.18 x 106m or greater by 3B991 and 3B992. the end-user may be involved in certain and a specific tensile strength of 7.62 x 104m (vi) 3E292 ‘‘Technology’’ according to the proliferation activities. or greater. General Technology Note for the (3) Applications for items requiring a (iv) 1C995 Mixtures not controlled by ‘‘development’, ‘‘production’’, or ‘‘use’’ of 1C350, 1C355 or 1C395 that contain license for other reasons that are equipment controlled by 3A292. chemicals controlled by 1C350 or 1C355 and (vii) 3E991 ‘‘Technology’’ for the destined to the PRC for a military end- medical, analytical, diagnostic, and food ‘‘development’’, ‘‘production’’, or ‘‘use’’ of use also will be subject to the review testing kits not controlled by 1C350 or 1C395 electronic devices or components controlled policy stated in paragraph (e) of this that contain chemicals controlled by by 3A991, general purpose electronic section. 1C350.d, as follows (see List of Items equipment controlled by 3A992, or (f) In this section, ‘‘military end-use’’ Controlled), except 1C995.c ‘‘Medical, manufacturing and test equipment controlled means: incorporation into, or use for the analytical, diagnostic, and food testing kits.’’ by 3B991 or 3B992. (v) 1C996 Hydraulic fluids containing production, design, development, (4) Category 4—Computers maintenance, operation, installation, or synthetic hydrocarbon oils, having all the deployment, repair, overhaul, or following characteristics (see List of Items (i) 4A994 Limited to computers not Controlled). controlled by 4A003, with an Adjusted Peak refurbishing of items: (vi) 1D999 Specific software controlled by Performance (‘‘APP’’) exceeding 0.1 (1) Described on the U.S. Munitions 1D999.b for equipment controlled by 1B999.e Weighted TeraFLOPS ( WT). List (USML) (22 CFR Part 121, specially designed for the production of (ii) 4D993 ‘‘Program’’ proof and validation International Traffic in Arms structural composites, fibers, prepregs and ‘‘software’’, ‘‘software’’ allowing the Regulations); preforms controlled in Category 1, n.e.s. automatic generation of ‘‘source codes’’, and (2) Described on the International (vii) 1D993 ‘‘Software’’ specifically operating system ‘‘software’’ not controlled Munitions List (IML) (as set out on the designed for the ‘‘development’’, by 4D003 that are specially designed for real Wassenaar Arrangement Web site at ‘‘production’’, or ‘‘use’’ of equipment or time processing equipment. http://www.wassenaar.org); or materials controlled by 1C210.b, or 1C990. (iii) 4D994 ‘‘Software’’ specially designed (3) Listed under ECCNs ending in (viii) 1E994 ‘‘Technology’’ for the or modified for the ‘‘development’’, ‘‘A018’’ on the Commerce Control List ‘‘development’’, ‘‘production’’, or ‘‘use’’ of ‘‘production’’ or ‘‘use’’ of equipment fibrous and filamentary materials controlled controlled by 4A101, 4A994 with an (CCL) in Supplement No. 1 to Part 774 by 1C990. Adjusted Peak Performance (‘‘APP’’) of the EAR. exceeding 0.1 Weighted TeraFLOPS (WT), (2) Category 2—Materials Processing Note to paragraph (f) of this section: For 4B994 and materials controlled by 4C994. purposes of this section: ‘‘production’’ means (i) 2A991 Bearings and bearing systems not (iv) 4E992 ‘‘Technology’’ for the integration, assembling, inspection, or controlled by 2A001. ‘‘development’’, ‘‘production’’, or ‘‘use’’ of testing; ‘‘development’’ means design, and (ii) 2B991 Limited to machine tools equipment controlled by 4A994, as described includes testing and building of prototypes; controlled under 2B991 having ‘‘positioning in this Supplement No. 2 to Part 744, and ‘‘maintenance’’ means performing work to accuracies’’, with all compensations 4B994, materials controlled by 4C994, or bring an item to its original or designed available, better than 0.010 mm along any ‘‘software’’ controlled by 4D993 or 4D994. linear axis; and machine tools having the capacity and efficiency for its intended (5) Category 5—(Part 1) Telecommunications purpose, and includes testing, measuring, characteristic of one or more contouring adjusting, inspecting, replacing parts, ‘‘tilting spindles’’ controlled by 2B991.d.1.a. (i) 5A991 Limited to items controlled by restoring, calibrating, overhauling; (iii) 2B992 Non-’’numerically controlled’’ 5A991.a., 5A991.b.5., 5A991.b.7. and ‘‘operation’’ means to cause to function as machine tools for generating optical quality 5A991.f. intended; ‘‘installation’’ means to make ready surfaces, and specially designed components (ii) 5B991 Telecommunications test for use, and includes connecting, integrating, therefor. equipment, n.e.s. incorporating, loading software, and testing; (iv) 2B993 Limited to gear making and/or (iii) 5C991 Preforms of glass or of any other ‘‘deployment’’ means placing in battle finishing machinery not controlled by 2B003 material optimized for the manufacture of formation or appropriate strategic position. capable of producing gears to a quality level optical fibers controlled by 5A991. of better than AGMA 12. (iv) 5D991 ‘‘Software’’ specially designed 9. Supplement No. 2 to Part 744 is (v) 2B996 Dimensional inspection or or modified for the ‘‘development’’, added to read as follows: measuring systems or equipment not ‘‘production’’, or ‘‘use’’ of equipment Supplement No. 2 to Part 744—List of controlled by 2B006. controlled by 5A991 and 5B991. (v) 5E991 ‘‘Technology’’ for the (3) Category 3—Electronics Design, Items Subject to the Military End-Use ‘‘development’’, ‘‘production’’ or ‘‘use’’ of Development and Production License Requirment of § 744.21 equipment controlled by 5A991 or 5B991, or The following items are subject to the (i) 3A292 Oscilloscopes and transient ‘‘software’’ controlled by 5D991, and other military end-use license requirement in recorders other than those controlled by ‘‘technologies’’ as follows (see List of Items § 744.21. 3A002.a.5, and specially designed Controlled). components therefor. (1) Category 1—Materials, Chemicals, (ii) 3A999 Limited to items controlled by (6) Category 5—(Part 2) Information Security Microorganisms, and Toxins 3A999.c. (i) 5A992 Equipment not controlled by (i) 1A290 Depleted uranium (any uranium (iii) 3B991 Equipment not controlled by 5A002, except mass market encryption containing less than 0.711% of the isotope 3B001 for the manufacture of electronic commodities and software described in U–235) in shipments of more than 1,000 components and materials, and specially §§ 742.15(b)(1)(i) and 742.15(b)(2); certain kilograms in the form of shielding contained designed components and accessories ‘‘short-range wireless’’ commodities and in X-ray units, radiographic exposure or therefor. software described in § 742.15(b)(3)(ii); and teletherapy devices, radioactive (iv) 3B992 Equipment not controlled by commodities and software with limited thermoelectric generators, or packaging for 3B002 for the inspection or testing of cryptographic functionally described in the transportation of radioactive materials. electronic components and materials, and § 742.15(b)(3)(iii). (ii) 1B999 Equipment controlled by specially designed components and (ii) 5D992 ‘‘Information Security’’ 1B999.e specially designed for the accessories therefor. ‘‘software’’ not controlled by 5D002, except production of structural composites, fibers, (v) 3D991 ‘‘Software’’ specially designed mass market encryption commodities and prepregs and preforms controlled in Category for the ‘‘development’’, ‘‘production’’, or software described in §§ 742.15(b)(1)(i) and 1, n.e.s. ‘‘use’’ of electronic devices or components 742.15(b)(2); certain ‘‘short-range wireless’’ (iii) 1C990 Fibrous and filamentary controlled by 3A991, general purpose commodities and software described in materials, not controlled by 1C010 or 1C210, electronic equipment controlled by 3A992, or § 742.15(b)(3)(ii); and commodities and

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software with limited cryptographic of August 2, 2005, 70 FR 45273 (August 5, b. By redesignating paragraph (b)(4) as functionality described in § 742.15(b)(3)(iii). 2005). paragraph (b)(5) and by adding a new (iii) 5E992 ‘‘Information Security’’ 11. Section 748.9 is amended: paragraph (b)(4) and revising newly ‘‘technology’’, not controlled by 5E002. a. By revising paragraph (b)(1) designated paragraph (b)(5); (7) Category 6—Sensors and Lasers introductory text; c. By revising paragraph (c)(1); b. By revising paragraph (b)(2) d. By revising paragraph (c) (3) (i) 6A995 ‘‘Lasers’’, not controlled by introductory text before the list of 6A005 or 6A205. introductory text; and (ii) 6C992 Optical sensing fibers not countries; e. By revising paragraph (g). controlled by 6A002.d.3 which are modified c. By revising paragraphs (b)(2)(i) and The additions and revisions read as structurally to have a ‘‘beat length’’ of less (b)(2)(ii); and follows: than 500 mm (high birefringence) or optical d. By revising paragraph (c)(1). § 748.10 Import and End-User Certificates. sensor materials not described in 6C002.b The revisions read as follows: and having a zinc content of equal to or more (a) Scope. * * * This section than 6% by mole fraction. § 748.9 Support Documents for License describes exceptions and relationships Applications. true for both Import and End-User (8) Category 7—Navigation and Avionics * * * * * Certificates, and applies only to (i) 7A994 Other navigation direction (b) * * * transactions involving national security finding equipment, airborne communication (1) Does your transaction involve controlled items destined for one of the equipment, all aircraft inertial navigation items controlled for national security systems not controlled under 7A003 or countries identified in § 748.9(b)(2) of reasons? this part, or, in the case of the PRC, for 7A103, and other avionic equipment, Does your transaction involve items including parts and components, n.e.s. all items that require a license to the (ii) 7B994 Other equipment for the test, destined for the People’s Republic of PRC for any reason. inspection, or ‘‘production’’ of navigation China (PRC)? (b) * * * and avionics equipment. * * * * * (4) Your transaction involves an (iii) 7D994 ‘‘Software’’, n.e.s., for the (2) Does your transaction involve export to the People’s Republic of China ‘‘development’’, ‘‘production’’, or ‘‘use’’ of items controlled for national security (PRC) of commodities and software navigation, airborne communication and reasons destined for one of the classified in a single entry on the CCL, other avionics. following countries? (This applies only the total value of which exceeds $5,000. (iv) 7E994 ‘‘Technology’’, n.e.s., for the to those overseas destinations Note that this $5,000 threshold does not ‘‘development’’, ‘‘production’’, or ‘‘use’’ of apply to exports to the PRC of navigation, airborne communication, and specifically listed.) If your item is other avionics equipment. destined for the PRC, does your computers, which are subject to the transaction involve items that require a provisions of § 748.10(b)(3). (9) Category 8—Marine license to the PRC for any reason? (i) Your license application may list (i) 8A992 Underwater systems or * * * * * several separate CCL entries. If the total equipment, not controlled by 8A002, and (i) If yes, your transaction may require value of entries that require a license to specially designed parts therefor. an Import or End-User Certificate. If the PRC for any reason on the CCL on (ii) 8D992 ‘‘Software’’ specially designed or your transaction involves items destined a license application exceeds $5,000, modified for the ‘‘development’’, then a PRC End-User Certificate ‘‘production’’ or ‘‘use’’ of equipment for the PRC that are controlled to the PRC for any reason, your transaction covering all controlled items on your controlled by 8A992. license application must be obtained; (iii) 8E992 ‘‘Technology’’ for the may require a PRC End-User Certificate. (ii) You may be specifically requested ‘‘development’’, ‘‘production’’ or ‘‘use’’ of Note that if the destination is the PRC, by BIS to obtain an End-User Certificate equipment controlled by 8A992. a Statement of Ultimate Consignee and for a transaction valued under $5,000 or Purchaser may be substituted for a PRC (10) Category 9—Propulsion Systems, Space for a transaction that requires a license End-User Certificate when the item to be Vehicles and Related Equipment to the PRC for reasons in the EAR other exported (i.e., replacement parts and (i) 9A991 ‘‘Aircraft’’, n.e.s., and gas turbine than those listed on the CCL. engines not controlled by 9A001 or 9A101 sub-assemblies) is for servicing (5) Your transaction involves a and parts and components, n.e.s. previously exported items and is valued destination other than the PRC and your (ii) 9B990 Vibration test equipment and at $75,000 or less. license application involves the export specially designed parts and components, (ii) If no, your transaction may require of commodities and software classified n.e.s. a Statement by Ultimate Consignee and (iii) 9D990 ‘‘Software’’, n.e.s., for the in a single entry on the CCL, the total Purchaser. Read the remainder of this value of which exceeds $5,000. ‘‘development’’ or ‘‘production’’ of section, then proceed to § 748.11 of the equipment controlled by 9A990 or 9B990. (i) Your license application may list EAR. several separate CCL entries. If any (iv) 9D991 ‘‘Software’’, for the (c) License Applications Requiring ‘‘development’’ or ‘‘production’’ of entry controlled for national security equipment controlled by 9A991 or 9B991. Support Documents. *** reasons exceeds $5,000, then an Import (v) 9E990 ‘‘Technology’’, n.e.s., for the (1) License applications supported by Certificate must be obtained covering all ‘‘development’’ or ‘‘production’’ or ‘‘use’’ of an Import or End-User Certificate. You items controlled for national security equipment controlled by 9A990 or 9B990. may submit your license application reasons on your license application; (vi) 9E991 ‘‘Technology’’, for the upon receipt of a facsimile or other (ii) If your license application ‘‘development’’, ‘‘production’’ or ‘‘use’’ of legible copy of the Import or End-User involves a lesser transaction that is part equipment controlled by 9A991 or 9B991. Certificate, provided that no shipment is of a larger order for items controlled for made against any license issued based PART 748—[AMENDED] national security reasons in a single upon the Import or End-User Certificate ECCN exceeding $5,000, an Import 10. The authority citation for 15 CFR prior to receipt and retention of the Certificate must be obtained. part 748 continues to read as follows: original statement by the applicant. (iii) You may be specifically requested Authority: 50 U.S.C. app. 2401 et seq.; 50 * * * * * by BIS to obtain an Import Certificate for U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767, 12. Section 748.10 is amended: a transaction valued under $5,000. 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 a. By revising the fourth sentence in (c) How to obtain an Import or End- FR 44025, 3 CFR, 2001 Comp., p. 783; Notice paragraph (a); User Certificate. (1) Applicants must

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request that the importer (e.g., ultimate you must ensure that the following forth in § 748.12(e), to assist in license consignee or purchaser) obtain the information is included on the PRC reviews, BIS will require applicants, on Import or End-User Certificate, and that End-User Certificate signed by an a random basis, to submit specific it be issued covering only those items official of the Department of Scientific original Import and End-user that are controlled for national security and Technological Development and Certificates. reasons. Note that in the case of the Trade in Technology of the PRC * * * * * PRC, applicants must request that the Ministry of Commerce (MOFCOM), with importer obtain an End-User Certificate MOFCOM’s seal affixed to it: § 748.12 [Amended] for all items on a license application * * * * * 13. Section 748.12 is amended by that are controlled to the PRC for any (g) Submission of Import and End- removing and reserving paragraph (a). reason on the CCL. Importers should not User Certificates. Certificates must be 14. Supplement No. 4 to Part 748, is be requested, except in the case of the retained on file by the applicant in amended by revising the entry for PRC, to obtain an Import or End-User accordance with the recordkeeping ‘‘China, People’s Republic of’’, to read Certificate for items that are controlled provisions of part 762 of the EAR, and as follows: for reasons other than national security. should not be submitted with the Applicants must obtain original Import license application. For more Supplement No. 4 to Part 748— or End-User Certificates from importers. information on what Import and End- Authorities Administering Import * * * * * user Certificate information must be Certificate/Delivery Verification (IC/DV) (3) If your transaction requires the included in license applications, refer to and End-Use Certificate Systems in support of a PRC End-User Certificate, § 748.9(c) of the EAR. In addition, as set Foreign Countries

Country IC/DV authorities System administered

******* China, People’s Republic of ...... Export Control Division I Department of S&T PRC End-User Certificate. No. 2 Dong Chang An Street Beijing Phone: 8610–6519–7366 Fax: 8610–6519–7926.

*******

15. Section 748.15 is added to read as reviews by representatives of the United The Office of Exporter Services, Bureau follows: States Government; and the party’s of Industry and Security, U.S. relationships with U.S and foreign Department of Commerce, P.O. Box § 748.15 Authorization Validated End-User companies. In addition, when 273, Washington, DC 20044. (VEU). evaluating the eligibility of an end-user, Mark the package sent to either Authorization Validated End-User agencies will consider the status of address ‘‘Request for Authorization (VEU) permits the export, reexport, and export controls and the support and Validated End-User’’. transfer to validated end-users of any adherence to multilateral export control eligible items that will be used in an (3) Exports, reexports, or transfers regimes of the government of the made under authorization VEU may eligible destination. Validated end-users eligible destination. are those who have been approved in only be made to an end-user listed in advance pursuant to the requirements of (2) Requests for authorization must be Supplement No. 7 to Part 748 if the this section. To be eligible for submitted in the form of an advisory items will be consigned to and for use authorization VEU, exporters, opinion request, as described in by the validated end-user. reexporters, and potential validated § 748.3(c), and should include a list of (b) Eligible destinations. end-users must adhere to the conditions items, identified by Export Control Authorization VEU may be used for the and restrictions set forth in paragraphs Classification Number (ECCN), that following destinations: (a) through (f) of this section. exporters or reexporters intend to (1) The People’s Republic of China. export, reexport or transfer to an eligible (a) Eligible end-users. The only end- (2) [Reserved]. end-user. In addition to the information users to whom eligible items may be (c) Item restrictions. (1) Items described in § 748.3, the items exported, reexported, or transferred controlled under the EAR for missile identified by ECCN should be specified under VEU are those validated end- technology (MT) and crime control (CC) to the extent of the applicable users identified in Supplement No. 7 to reasons may not be exported or subparagraph of the ECCN entry. The Part 748. reexported under this authorization. request also should include a (1) In evaluating an end-user for (d) End-use restrictions. Items description of how each item would be eligibility under this authorization, BIS, obtained under authorization VEU may used by the eligible end-user in an in consultation with the Departments of not be used for any activities described eligible destination. Requests for State, Energy, and Defense and other in part 744. Eligible end-users who authorization will be accepted from agencies, as appropriate, will consider a obtain items under VEU may only: exporters, reexporters and end-users. range of information, including such (1) Use such items at the end-user’s Submit the request to: factors as: The party’s record of own facility located in an eligible exclusive engagement in civil end-use The Office of Exporter Services, Bureau destination or at a facility located in an activities; the party’s compliance with of Industry and Security, U.S. eligible destination over which the end- U.S. export controls; the party’s Department of Commerce, 14th Street user demonstrates effective control; capability to comply with the and Pennsylvania Avenue, NW., (2) Consume such items during use; or requirements of authorization VEU; the Room 2075, Washington, DC 20230; (3) Transfer or reexport such items party’s agreement to on-site compliance or to only as authorized by BIS.

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(e) Certification and recordkeeping. Supplement No. 7 to Part 748— FEDERAL TRADE COMMISSION Prior to the initial export or reexport Authorization Validated End-User under authorization VEU, exporters or (VEU): List of Validated End-Users, 16 CFR Part 311 reexporters must receive and retain end- Respective Eligible Items and Eligible Test Procedures and Labeling use certifications from eligible end-users Destinations stating that: Standards for Recycled Oil Validated End-Users, Respective Eligible (1) They are informed of and will AGENCY: Federal Trade Commission. abide by all authorization VEU end-use Items and Eligible Destinations for Exports ACTION: Request for public comments. restrictions; and Reexports Under Authorization VEU: (2) They have procedures in place to Certified End-User SUMMARY: The Federal Trade ensure compliance with authorization Eligible Items Commission (‘‘FTC’’ or ‘‘Commission’’) VEU destination and end-use Eligible Destination requests public comment on the overall restrictions; Dated: June 29, 2006. costs, benefits, and regulatory and (3) They will not use items obtained Matthew S. Borman, economic impact of its rule specifying under authorization VEU in any of the Test Procedures and Labeling Standards prohibited activities described in part Deputy Assistant Secretary for Export for Recycled Oil (‘‘Recycled Oil Rule’’ or Administration. 744 of the EAR; and ‘‘Rule’’), as part of the Commission’s (4) They agree to allow on-site visits [FR Doc. E6–10504 Filed 7–5–06; 8:45 am] systematic review of all current FTC by U.S. Government officials to verify BILLING CODE 3510–33–P rules and guides. the end-users’ compliance with the DATES: Written comments will be conditions of authorization VEU. accepted until September 5, 2006. DEPARTMENT OF COMMERCE Note to paragraph (e) of this section: These ADDRESSES: Interested parties are certifications must be retained by exporters Bureau of Industry and Security invited to submit written comments. or reexporters in accordance with the Comments should refer to ‘‘16 CFR Part recordkeeping requirements set forth in part 311 Comment—Recycled Oil Rule, 762 of the EAR. 15 CFR Parts 764 and 766 Matter No. R511036’’ to facilitate the (f) Reporting and auditing organization of comments. A comment requirements—(1)(i) Reports. Exporters [Docket No. 060511128–6128–01] filed in paper form should include this and reexporters who use authorization reference both in the text and on the VEU are required to submit annual RIN 0694–AD63 envelope, and should be mailed or reports to BIS. These reports must delivered to the Office of the Secretary, include, for each validated end-user to Antiboycott Penalty Guidance Federal Trade Commission, Room H– whom the exporter or reexporter 135 (Annex P), 600 Pennsylvania exported or reexported eligible items: AGENCY: Bureau of Industry and Avenue, NW., Washington, DC 20580. (A) The name and address of any Security, Commerce. Comments containing confidential validated end-users to whom the material, however, must be filed in ACTION: Proposed rule; correction. exporters or reexporters exported or paper form, must be clearly labeled reexported eligible items; ‘‘Confidential,’’ and must comply with SUMMARY: This notice corrects a (B) The eligible destination to which Commission Rule 4.9(c).1 The FTC is the items were exported or reexported; transposition error in the Regulatory requesting that any comment filed in (C) The quantity of such items; Identification Number (RIN) in the paper form be sent by courier or (D) The value of such items; and preamble to a proposed rule that the overnight service, if possible, because (E) The ECCN(s) of such items. Bureau of Industry and Security (ii) Reports are due by February 15 of postal mail in the Washington area and published on June 30, 2006 (71 FR at the Commission is subject to delay each year, and must cover the period of 37571). The correct RIN is 0694–AD63. January 1 through December 31 of the due to heightened security precautions. The RIN was incorrectly listed as 0694– Comments filed in electronic form prior year. Packages containing such AD36. In addition this notice corrects reports should be marked should be submitted by clicking on the that same transposition error that following: https:// ‘‘Authorization Validated End-User appeared in the final sentence of the Reports.’’ Reports should be sent to: secure.commentworks.com/ftc- ADDRESSES paragraph of the preamble of recycledoil and following the Office of Export Enforcement, Bureau of that propose rule. As corrected, the final Industry and Security, U.S. Department instructions on the web-based form. sentence of the ADDRESSES paragraph The FTC Act and other laws the of Commerce, 14th Street and reads: Commission administers permit the Constitution Avenue, NW., Room H– collection of public comments to 4520, Washington, DC 20230. ADDRESSES: * * * Please refer to RIN consider and use in this proceeding as (2) Audits. Users of authorization VEU 0694–AD63 in all comments. will be audited on a routine basis. Upon appropriate. The Commission will request by BIS, exporters, reexporters, FOR FURTHER INFORMATION CONTACT: consider all timely and responsive and validated end-users must allow Edward O. Weant III, Acting Director, public comments that it receives, inspection of records or on-site Office of Antiboycott Compliance, whether filed in paper or electronic compliance reviews. For audit purposes, Bureau of Industry and Security, United form. Comments received will be States Department of Commerce, at records, including information 1 (202) 482–2381. The comment must be accompanied by an identified in paragraphs (e), (f)(1) and explicit request for confidential treatment, the note to paragraph (c) of this section, Dated: June 30, 2006. including the factual and legal basis for the request, should be retained in accordance with and must identify the specific portions of the Eileen Albanese, the recordkeeping requirements set forth comment to be withheld from the public record. Director, Office of Export Services. The request will be granted or denied by the in part 762 of the EAR. Commission’s General Counsel, consistent with 12. Supplement No. 7 to Part 748 is [FR Doc. E6–10560 Filed 7–5–06; 8:45 am] applicable law and the public interest. See added to read as follows: BILLING CODE 3510–33–P Commission Rule 4.9(c), 16 CFR 4.9(c).

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available to the public on the FTC Web II. Regulatory Review Program Authority: 15 U.S.C. 41–58. site, to the extent practicable, at http:// The Commission reviews all current By direction of the Commission. www.ftc.gov. As a matter of discretion, Commission rules and guides C. Landis Plummer, the FTC makes every effort to remove periodically. These reviews seek Acting Secretary. home contact information for information about the costs and benefits individuals from the public comments it [FR Doc. E6–10503 Filed 7–5–06; 8:45 am] of the Commission’s rules and guides BILLING CODE 6750–01–P receives before placing those comments and their regulatory and economic on the FTC Web site. More information, impact. The information obtained including routine uses permitted by the assists the Commission in identifying Privacy Act, may be found in the FTC’s rules and guides that warrant DEPARTMENT OF THE TREASURY privacy policy, at http://www.ftc.gov/ modification or rescission. Therefore, ftc/privacy.htm. the Commission solicits comment on, Internal Revenue Service FOR FURTHER INFORMATION CONTACT: among other things, the economic Janice Podoll Frankle, Division of impact of its Recycled Oil Rule; possible 26 CFR Part 1 Enforcement, Bureau of Consumer conflict between the Rule and state, Protection, Federal Trade Commission, local, or other federal laws; and the [REG–139059–02] Washington, DC 20580; (202) 326–3022. effect on the Rule of any technological, SUPPLEMENTARY INFORMATION: economic, or other industry changes. RIN 1545–BB86 I. Background III. Request for Comment Expenses for Household and Section 383 of the Energy Policy and The Commission solicits written Dependent Care Services Necessary Conservation Act of 1975 (‘‘EPCA’’), 42 public comment on the following for Gainful Employment; Correction U.S.C. 6363, mandated that the FTC questions: AGENCY: Internal Revenue Service (IRS), promulgate a rule prescribing testing (1) Is there a continuing need for the Treasury. procedures and labeling standards for Rule as currently promulgated? ACTION: Correction to notice of proposed recycled oil. This section of EPCA is (2) What benefits has the Rule rulemaking. intended to encourage the recycling of provided to purchasers of the products used oil, promote the use of recycled or services affected by the Rule? SUMMARY: This document contains a oil, reduce consumption of new oil by (3) Has the Rule imposed costs on correction to notice of proposed promoting increased utilization of purchasers? rulemaking that was published in the recycled oil, and reduce environmental (4) What changes, if any, should be Federal Register on Wednesday, May hazards and wasteful practices made to the Rule to increase the benefits 24, 2006 (71 FR 29847) regarding the associated with the disposal of used oil. of the Rule to purchasers? How would credit for expenses for household and 42 U.S.C. 6363(a). these changes affect the costs the Rule dependent care services necessary for EPCA also mandated that the National imposes on firms subject to its gainful employment. Institute of Standards and Technology requirements? How would these FOR FURTHER INFORMATION CONTACT: Sara (‘‘NIST’’) develop (and report to the changes affect the benefits to Shepherd, (202) 622–4960 (not a toll- FTC) test procedures to determine purchasers? free call). whether processed used oil is (5) What significant burdens or costs, substantially equivalent to new oil for a including costs of compliance, has the SUPPLEMENTARY INFORMATION: particular end use. 42 U.S.C. 6363(c). Rule imposed on firms subject to its Background EPCA required that, within 90 days after requirements? Has the Rule provided The notice of proposed rulemaking receiving NIST’s test procedures, the benefits to such firms? If so, what (REG–139059–02) that is the subject of FTC issue a rule that permits any benefits? this correction is under section 21 of the processed used oil container to bear a (6) What changes, if any, should be Internal Revenue Code. label indicating a particular end use made to the Rule to reduce the burdens (e.g., engine lubricating oil), as long as or costs imposed on firms subject to its Need for Correction a determination of ‘‘substantial requirements? How would these As published, the notice of proposed equivalency’’ with new oil has been changes affect the benefits provided by rulemaking (REG–139059–02) contains made in accordance with NIST test the Rule? an error that may prove to be misleading procedures. 42 U.S.C. 6363(d)(1)(B). (7) Does the Rule overlap or conflict and is in need of correction. On July 27, 1995, NIST reported to the with other federal, state, or local laws or FTC test procedures for determining the regulations? List of Subjects in 26 CFR Part 1 substantial equivalence of processed (8) Since the Rule was issued, what Income taxes, Reporting and used engine oil with new engine oil. effects, if any, have changes in relevant recordkeeping requirements. The FTC’s Rule, which was issued on technology or economic conditions had October 31, 1995 (60 FR 55421), on the Rule? Correction of Publication implements EPCA’s requirements by (9) Since the Rule was issued, the Accordingly, the notice of proposed permitting a manufacturer or other American Petroleum Institute has rulemaking (REG–139059–02), that was seller to label recycled engine oil as published the Fifteenth Edition of the subject of FR Doc. E6–7390, is substantially equivalent to new engine Publication 1509. Should this updated corrected as follows: oil, as long as that determination is version of Publication 1509 be made in accordance with the test incorporated by reference into the Rule? PART 1—INCOME TAXES procedures entitled ‘‘Engine Oil Licensing and Certification System,’’ List of Subjects in 16 CFR Part 311 Paragraph 1. The authority citation American Petroleum Institute Energy conservation, Incorporation by for part 1 continues to read in part as Publication 1509, Thirteenth Edition, reference, Labeling, Recycled oil, Trade follows: January 1995. practices. Authority: 26 U.S.C. 7805 * * *

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§ 1.21–1 [Corrected] Need for Correction 5203, Internal Revenue Service, P.O. Par. 2. On page 29851, column 1, As published, the notice of proposed Box 7604, Ben Franklin Station, § 1.21–1 is amended by revising rulemaking (REG–139059–02) contains Washington, DC 20044. Submissions paragraph (b)(5)(ii) to read as follows: an error that may prove to be misleading may be hand-delivered between the hours of 8 a.m. and 4 p.m. to § 1.21–1 Expenses for household and and is in need of correction. dependent care services necessary for CC:PA:LPD:PR (REG–148864–03), gainful employment. Correction of Publication Courier’s Desk, Internal Revenue * * * * * Accordingly, the notice of proposed Service, 1111 Constitution Avenue, (b) * * * rulemaking (REG–139059–02), that was NW., Washington, DC, or sent (5) * * * the subject of FR Doc. E6–7390, is electronically, via the IRS Internet site (ii) Custodial parent allowed the corrected as follows: at www.irs.gov/regs, or via the Federal credit. A child to whom this paragraph 1. On page 29848, column 2, in the eRulemaking Portal at (b)(5) applies is the qualifying preamble under the paragraph heading www.regulations.gov (IRS and REG– individual of only one parent in any ‘‘3. Special Rule for Children of 148864–03). taxable year and is the qualifying child Separated or Divorced Parents’’, line 4 FOR FURTHER INFORMATION CONTACT: of the custodial parent even if the from the bottom of the paragraph, the Concerning submission of comments, noncustodial parent may claim the language ‘‘section 152(e)(3)(A) as the Richard A. Hurst at dependency exemption for that child for parent with’’ corrected to read ‘‘section [email protected] or that taxable year. See section 152(e). 152(e)(4)(A) as the parent with.’’ The custodial parent is the parent with (202) 622–7180; concerning the whom a child shared the same principal Guy R. Traynor, temporary regulations, Joel D. McMahan place of abode the greater portion of the Branch Chief, Publications and Regulations at (202) 622–4580 (not toll-free calendar year. See section 152(e)(4)(A). Branch, Legal Processing Division, Associate numbers). Chief Counsel (Procedure and * * * * * Administration). SUPPLEMENTARY INFORMATION: Guy R. Traynor, [FR Doc. E6–10141 Filed 7–5–06; 8:45 am] Background Branch Chief, Publications and Regulations BILLING CODE 4830–01–P Branch, Legal Processing Division, Associate Under section 6103(j)(1), upon written Chief Counsel (Procedure and request from the Secretary of Commerce, Administration). DEPARTMENT OF THE TREASURY the Secretary of the Treasury must [FR Doc. E6–10132 Filed 7–5–06; 8:45 am] furnish to the Bureau return information Internal Revenue Service BILLING CODE 4830–01–P that is prescribed by Treasury regulations for purposes related to 26 CFR Part 301 measuring economic change in the U.S. DEPARTMENT OF THE TREASURY [REG–148864–03] national economic accounts. Section 301.6103(j)(1)–1(c) of the regulations Internal Revenue Service RIN 1545–BC93 provides an itemized description of the 26 CFR Parts 1 and 602 Disclosure of Return Information to the return information authorized to be Bureau of Economic Analysis disclosed for this purpose. Periodically, [REG–139059–02] the disclosure regulations are amended RIN 1545–BB86 AGENCY: Internal Revenue Service (IRS), to reflect the changing needs of the Treasury. Bureau for data for its statutorily Expenses for Household and ACTION: Notice of proposed rulemaking authorized statistical activities. Dependent Care Services Necessary by cross-reference to temporary This document contains proposed for Gainful Employment; Correction regulations. regulations authorizing IRS personnel to disclose additional items of return AGENCY: Internal Revenue Service (IRS), SUMMARY: In the Rules and Regulations Treasury. section of this issue of the Federal information that have been requested by ACTION: Correction to notice of proposed Register, the IRS is issuing temporary the Secretary of Commerce. rulemaking. regulations regarding additional items of Temporary regulations in the Rules return information disclosable to the and Regulations section of this issue of SUMMARY: This document contains a the Federal Register amend the correction to notice of proposed Bureau of Economic Analysis (Bureau) Procedure and Administration rulemaking that was published in the of the Department of Commerce for Regulations (26 CFR Part 301) relating to Federal Register on Wednesday, May purposes related to measuring economic 24, 2006 (71 FR 29847) regarding the change in the U.S. national economic Internal Revenue Code (Code) section credit for expenses for household and accounts. These temporary regulations 6103(j). The temporary regulations dependent care services necessary for provide guidance to IRS personnel contain rules relating to the disclosure gainful employment. responsible for disclosing the of return information reflected on information. The text of these temporary returns to officers and employees of the FOR FURTHER INFORMATION CONTACT: Sara regulations published in the Rules and Department of Commerce for structuring Shepherd, (202) 622–4960 (not a toll- Regulations section of this issue of the censuses and national economic free call). Federal Register serves as the text of the accounts and conducting related SUPPLEMENTARY INFORMATION: proposed regulations. statistical activities authorized by law. Background DATES: Written and electronic comments The text of the temporary regulations The notice of proposed rulemaking and requests for a public hearing must also serves as the text of these proposed (REG–139059–02) that is the subject of be received by October 4, 2006. regulations. The preamble to the this correction is under section 21 of the ADDRESSES: Send submissions to: temporary regulations explains the Internal Revenue Code. CC:PA:LPD:PR (REG–148864–03), room proposed regulations.

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Special Analyses Section 301.6103(j)(1)–1 also issued under beginning at 1 p.m. on September 27, 26 U.S.C. 6103(j)(1); * * * and 9 a.m. on the subsequent days. It has been determined that this notice Decisions with respect to future of proposed rulemaking is not a Par. 2. In § 301.6103(j)(1)–1 meetings will be made at the first significant regulatory action as defined paragraphs (c) and (f) are revised to read meeting and from time to time in Executive Order 12866. Therefore, a as follows: thereafter. Notices of future meetings regulatory assessment is not required. It § 301.6103(j)(1)–1 Disclosure of return will be published in the Federal also has been determined that section information to officers and employees of Register. 553(b) of the Administrative Procedure the Department of Commerce for certain Act (5 U.S.C. chapter 5) does not apply statistical purposes and related activities. ADDRESSES: The first meeting of the to these regulations, and because the * * * * * Committee will be held at the National regulations do not impose a collection (c) [The text of this proposed Science Foundation, Room II–555, 4201 of information on small entities, the paragraph is the same as the text of Wilson Boulevard, Arlington, VA. Regulatory Flexibility Act (5 U.S.C. § 301.6103(j)(1)–1T(c) published FOR FURTHER INFORMATION CONTACT: chapter 6) does not apply. Pursuant to elsewhere in this issue of the Federal Timothy Creagan, Office of Technical section 7805(f) of the Code, these Register]. and Information Services, Architectural proposed regulations will be submitted * * * * * and Transportation Barriers Compliance to the Chief Counsel for Advocacy of the (f) [The text of this proposed Board, 1331 F Street, NW., suite 1000, Small Business Administration for paragraph is the same as the text of Washington, DC 20004–1111. comment on their impact on small § 301.6103(j)(1)–1T(f) published Telephone number (202) 272–0016 business. elsewhere in this issue of the Federal (Voice); (202) 272–0082 (TTY). Electronic mail address: Comments and Requests for a Public Register]. [email protected]. Hearing Mark E. Matthews, SUPPLEMENTARY INFORMATION: Before these proposed regulations are Deputy Commissioner for Services and adopted as final regulations, Enforcement. Background consideration will be given to any [FR Doc. E6–9555 Filed 7–5–06; 8:45 am] On April 18, 2006, the Architectural electronic and written comments (a BILLING CODE 4830–01–P and Transportation Barriers Compliance signed original and eight (8) copies) that Board (Access Board) published a notice are submitted timely to the IRS. The IRS of intent to establish an advisory and Treasury Department specifically ARCHITECTURAL AND committee to provide recommendations request comments on the clarity of the TRANSPORTATION BARRIERS for revisions and updates to proposed regulations and how they can COMPLIANCE BOARD accessibility guidelines for be made easier to understand. All telecommunications products and comments will be available for public 36 CFR Parts 1193 and 1194 accessibility standards for electronic inspection and copying. A public [Docket No. 2006–1] and information technology (71 FR hearing may be scheduled if requested 19839; April 18, 2006). The notice in writing by a person who timely Telecommunications Act Accessibility identified the interests that are likely to submits comments. If a public hearing is Guidelines; Electronic and Information be significantly affected by this scheduled, notice of the date, time, and Technology Accessibility Standards rulemaking: place for the hearing will be published • Federal agencies; in the Federal Register. AGENCY: Architectural and • The telecommunications and Transportation Barriers Compliance electronic and information technology Drafting Information Board. industry, including manufacturers; The principal author of these ACTION: Notice of establishment; • Organizations representing the regulations is Joel D. McMahan, Office appointment of members; date of first access needs of individuals with of the Associate Chief Counsel meeting. disabilities; (Procedure & Administration), • Representatives from other SUMMARY: Disclosure and Privacy Law Division. The Architectural and countries and international standards Transportation Barriers Compliance setting organizations; and List of Subjects in 26 CFR Part 301 Board (Access Board) has decided to • Other organizations affected by Employment taxes, Estate taxes, establish an advisory committee to these accessibility guidelines and Excise taxes, Gift taxes, Income taxes, assist it in revising and updating standards. Penalties, Reporting and recordkeeping accessibility guidelines for For the reasons stated in the notice of requirements. telecommunications products and intent, the Access Board has determined accessibility standards for electronic that establishing the Proposed Amendments to the and information technology. The Telecommunications and Electronic and Regulations Telecommunications and Electronic and Information Technology Advisory Accordingly, 26 CFR part 301 is Information Technology Advisory Committee (Committee) is necessary proposed to be amended as follows: Committee (Committee) includes and in the public interest. The Access organizations which represent the Board has appointed the following PART 301—PROCEDURE AND interests affected by these accessibility organizations as members to the ADMINISTRATION guidelines and standards. This notice Committee: also announces the time and place of • Adobe Systems, Inc. Paragraph 1. The authority citation the first Committee meeting, which will • American Association of People with for part 301 is amended in part, by be open to the public. Disabilities adding an entry in numerical order to DATES: The first meeting of the • American Council of the Blind read as follows: Committee is scheduled for September • American Foundation for the Blind Authority: 26 U.S.C. 7805 * * * 27, 2006 through September 29, 2006 • Apple Computer, Inc.

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• Association of Assistive Technology have an opportunity to address the Substances that Deplete the Ozone Act Programs Committee on issues of interest to them Layer (Protocol) at the 17th Meeting of • Assistive Technology Industry and the Committee. Members of groups the Parties (MOP). EPA is seeking Association or individuals who are not members of comment on the list of critical uses and • AT&T the Committee may also have the on EPA’s determination of the amounts • Avaya, Inc. opportunity to participate with of methyl bromide needed to satisfy • Canon USA, Inc. subcommittees of the Committee. The those uses. • Cingular Wireless Access Board believes that participation DATES: Comments must be submitted by • Communication Service for the Deaf of this kind can be very valuable for the August 7, 2006. Any party requesting a • CTIA—The Wireless Association advisory committee process. public hearing must notify the contact • Dell, Inc. Additionally, all interested persons will person listed below by 5 p.m. Eastern • Easter Seals have the opportunity to comment when Standard Time on July 11, 2006. If a • European Commission proposed rules are issued in the Federal hearing is requested it will be held on • Hearing Loss Association of America Register by the Access Board. July 21, 2006, and comments will be • Human Rights and Equal Opportunity The meeting site is accessible to due to the Agency August 21, 2006. EPA Commission (Australia) individuals with disabilities. Sign will post information regarding a • IBM language interpreters and real-time hearing, if one is requested, on the • Inclusive Technologies captioning will be provided. Notices of Ozone Protection Web site • Industry Canada future meetings will be published in the www.epa.gov/ozone. Persons interested • Information Technology Association Federal Register. Due to security in attending a public hearing should of America measures at the National Science consult with the contact person below • Information Technology Industry Foundation, it is advisable that regarding the location and time of the Council members of the public notify Timothy hearing. • Microsoft Corporation Creagan of their intent to attend the ADDRESSES: Submit your comments, • National Association of State Chief meeting (see Contact Information, identified by Docket ID No. EPA–HQ– Information Officers above). This will ensure that a name OAR–2005–0538, by one of the • National Center on Disability and badge is available at the National following methods: Access to Education Science Foundation check-in desk to • www.regulations.gov: Follow the • National Federation of the Blind facilitate efficient building entry and on-line instructions for submitting • National Network of Disability and will enable the Board to provide comments. Business Technical Assistance additional information about technology • E-mail: [email protected] Centers screening processes. • Fax: 202–343–2337, attn: Hodayah • Panasonic Corporation of North David L. Bibb, Finman. America • Mail: Air Docket, Environmental • Chairman, Architectural and Transportation Paralyzed Veterans of America Protection Agency, Mail Code 6102T, • Barriers Compliance Board. SRA International, Inc. 1200 Pennsylvania Ave., NW., • [FR Doc. E6–10562 Filed 7–5–06; 8:45 am] Sun Microsystems, Inc. Washington, DC 20460. • BILLING CODE 8150–01–P Telecommunications Industry • Hand Delivery or Courier: Deliver Association your comments to: EPA Air Docket, EPA • The Paciello Group, LLP West, 1301 Constitution Avenue, NW., • Trace Research and Development ENVIRONMENTAL PROTECTION Room B108, Mail Code 6102T, Center AGENCY Washington, DC 20460. Such deliveries • Usability Professionals’ Association are only accepted during the Docket’s • 40 CFR Part 82 U.S. Department of Homeland normal hours of operation, and special Security [EPA–HQ–OAR–2005–0538; FRL–8190–4] arrangements should be made for • U.S. Social Security Administration deliveries of boxed information. • WGBH National Center for Accessible RIN 2060–AN54 Instructions: Direct your comments to Media Protection of Stratospheric Ozone: The Docket ID No. EPA–HQ–OAR–2005– • World Wide Web Consortium—Web 0538. EPA’s policy is that all comments Accessibility Initiative 2007 Critical Use Exemption From the Phaseout of Methyl Bromide received will be included in the public The Access Board regrets being docket without change and may be unable to accommodate all requests for AGENCY: Environmental Protection made available online at membership on the Committee. In order Agency (EPA). www.regulations.gov, including any to keep the Committee to a size that can ACTION: Proposed rule. personal information provided, unless be effective, it was necessary to limit the comment includes information membership. It is also desirable to have SUMMARY: EPA is proposing an claimed to be Confidential Business balance among members of the exemption to the phaseout of methyl Information (CBI) or other information Committee representing different bromide to meet the needs of 2007 whose disclosure is restricted by statute. clusters of interest, such as disability critical uses. Specifically, EPA is Do not submit information that you organizations and the technology proposing uses that will qualify for the consider to be CBI or otherwise industry. The Committee membership 2007 critical use exemption and the protected through www.regulations.gov identified above provides representation amount of methyl bromide that may be or e-mail. The www.regulations.gov Web for each interest affected by the issues produced, imported, or supplied from site is an ‘‘anonymous access’’ system, to be discussed. stocks for those uses in 2007. EPA is which means EPA will not know your Committee meetings will be open to taking action under the authority of the identity or contact information unless the public and interested persons can Clean Air Act to reflect recent you provide it in the body of your attend the meetings and communicate consensus Decisions taken by the comment. If you send an e-mail their views. Members of the public will Parties to the Montreal Protocol on comment directly to EPA without going

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through www.regulations.gov your e- (consumption is defined under the CAA Examples of regulated enti- mail address will be automatically as production plus imports minus Category ties captured and included as part of the exports) and production was phased out comment that is placed in the public on January 1, 2005 apart from allowable Industry ...... Producers, Importers and docket and made available on the exemptions, namely the critical use Exporters of methyl bro- mide; Applicators, Distribu- Internet. If you submit an electronic exemption and the quarantine and pre- tors of methyl bromide; comment, EPA recommends that you shipment exemption. With this action, Users of methyl bromide, include your name and other contact EPA is proposing and seeking comment e.g., farmers of vegetable information in the body of your on the uses that will qualify for the 2007 crops, fruits and seedlings; comment and with any disk or CD–ROM critical use exemption as well as and owners of stored food you submit. If EPA cannot read your specific amounts of methyl bromide that commodities and struc- comment due to technical difficulties may be produced, imported, or made tures such as grain mills and cannot contact you for clarification, available from stocks for proposed and processors, agricul- EPA may not be able to consider your critical uses in 2007. tural researchers. comment. Electronic files should avoid Table of Contents the use of special characters, any form The above table is not intended to be of encryption, and be free of any defects I. General Information exhaustive, but rather to provide a guide A. Regulated Entities or viruses. For additional information B. What Should I Consider When Preparing for readers regarding entities likely to be about EPA’s public docket visit the EPA My Comments? regulated by this proposed action. This Docket Center homepage at http:// II. What is the Background to the Phaseout table lists the types of entities that EPA www.epa.gov/epahome/dockets.htm. Regulations for Ozone-Depleting is aware could potentially be regulated Docket: All documents in the docket Substances? by this proposed action. To determine are listed in the www.regulations.gov III. What Is Methyl Bromide? whether your facility, company, index. Although listed in the index, IV. What Is the Legal Authority for business, or organization is regulated by some information is not publicly Exempting the Production and Import of this proposed action, you should available, e.g., CBI or other information Methyl Bromide for Critical Uses carefully examine the regulations Authorized by the Parties to the whose disclosure is restricted by statute. Montreal Protocol? promulgated at 40 CFR Part 82, Subpart Certain other material, such as V. What Is the Critical Use Exemption A. If you have questions regarding the copyrighted material, will be publicly Process? applicability of this action to a available only in hard copy. Publicly A. Background of the Process particular entity, consult the person available docket materials are available B. How Does This Proposed Rulemaking listed in the preceding FOR FURTHER either electronically in Relate to Previous Critical Use INFORMATION CONTACT section. www.regulations.gov or in hard copy at Exemption Rulemakings? the Air Docket, EPA/DC, EPA West, C. Proposed Critical Uses and Adjustment B. What Should I Consider When Room B102, 1301 Constitution Ave., to Critical Use Amounts Preparing My Comments? D. The Criteria in Decisions IX/6 and Ex. NW., Washington, DC. This Docket I/4 1. Confidential Business Information. Facility is open from 8:30 a.m. to 4:30 E. Emissions Minimization Do not submit this information to EPA p.m., Monday through Friday, excluding F. Critical Use Allowance Allocations through www.regulations.gov or e-mail. legal holidays. The telephone number G. Critical Stock Allowance Allocations Clearly mark the part or all of the for the Public Reading Room is (202) and Total Volumes of Critical Use information that you claim to be CBI. 566–1744, and the telephone number for Methyl Bromide For CBI information in a disk or CD the Air Docket is (202) 566–1742. H. Stocks of Methyl Bromide VI. Statutory and Executive Order Reviews ROM that you mail to EPA, mark the FOR FURTHER INFORMATION CONTACT: For A. Executive Order No. 12866: Regulatory outside of the disk or CD ROM as CBI further information about this proposed Planning and Review and then identify electronically within rule, contact Hodayah Finman by B. Paperwork Reduction Act the disk or CD ROM the specific telephone at (202) 343–9246, or by C. Regulatory Flexibility Act information that is claimed as CBI. In e-mail at [email protected] or by D. Unfunded Mandates Reform Act addition to one complete version of the mail at Hodayah Finman, U.S. E. Executive Order No. 13132: Federalism comment that includes information Environmental Protection Agency, F. Executive Order No. 13175: Consultation claimed as CBI, a copy of the comment Stratospheric Protection Division, and Coordination With Indian Tribal that does not contain the information Stratospheric Program Implementation Governments G. Executive Order No. 13045: Protection claimed as CBI must be submitted for Branch (6205J), 1200 Pennsylvania of Children From Environmental Health inclusion in the public docket. Avenue, NW., Washington, DC 20460. and Safety Risks Information so marked will not be You may also visit the Ozone Depletion H. Executive Order No. 13211: Actions disclosed except in accordance with Web site of EPA’s Stratospheric That Significantly Affect Energy Supply, procedures set forth in 40 CFR part 2. Protection Division at www.epa.gov/ Distribution, or Use 2. Tips for Preparing Your Comments. ozone for further information about I. National Technology Transfer and When submitting comments, remember EPA’s Stratospheric Ozone Protection Advancement Act to: regulations, the science of ozone layer I. General Information depletion, and other related topics. • Identify the rulemaking by docket SUPPLEMENTARY INFORMATION: This A. Regulated Entities number and other identifying proposed rule concerns Clean Air Act Entities potentially regulated by this information (subject heading, Federal (CAA) restrictions on the consumption, proposed action are those associated Register date and page number). production, and use of methyl bromide with the production, import, export, • Follow directions—The agency may (a class I, Group VI controlled sale, application, and use of methyl ask you to respond to specific questions substance) for critical uses during bromide covered by an approved critical or organize comments by referencing a calendar year 2007. Under the Clean Air use exemption. Potentially regulated Code of Federal Regulations (CFR) part Act, methyl bromide consumption categories and entities include: or section number.

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• Explain why you agree or disagree; rule on the phaseout schedule for Copenhagen amendment to the Protocol. suggest alternatives and substitute methyl bromide published in the The Parties authorize critical use language for your requested changes. Federal Register on March 18, 1993 (58 exemptions through their Decisions. • Describe any assumptions and FR 15014) and the final rule published The Parties agreed that each provide any technical information and/ in the Federal Register on December 10, industrialized country’s level of methyl or data that you used. 1993 (58 FR 65018). bromide production and consumption • If you estimate potential costs or The phaseout schedule for methyl in 1991 should be the baseline for burdens, explain how you arrived at bromide production and consumption establishing a freeze in the level of your estimate in sufficient detail to was revised in a direct final rulemaking methyl bromide production and allow for it to be reproduced. on November 28, 2000 (65 FR 70795), consumption for industrialized • Provide specific examples to which allowed for the phased reduction countries. EPA published a final rule in illustrate your concerns, and suggest in methyl bromide consumption and the Federal Register on December 10, alternatives. extended the phaseout to 2005. The 1993 (58 FR 65018), listing methyl • Explain your views as clearly as revised phaseout schedule was again bromide as a class I, Group VI possible, avoiding the use of profanity amended to allow for an exemption for controlled substance, freezing U.S. or personal threats. quarantine and preshipment purposes production and consumption at this • Make sure to submit your on July 19, 2001 (66 FR 37751) with an 1991 level, and, in Section 82.7 of the comments by the comment period interim final rule and with a final rule rule, setting forth the percentage of deadline identified. on January 2, 2003 (68 FR 238). baseline allowances for methyl bromide II. What Is the Background to the Information on methyl bromide can be granted to companies in each control Phaseout Regulations for Ozone- found at http://www.epa.gov/ozone/mbr period (each calendar year) until the Depleting Substances? and http://www.unep.org/ozone or by year 2001, when the complete phaseout contacting the Stratospheric Ozone would occur. This phaseout date was The current regulatory requirements Hotline at 1–800–296–1996. established in response to a petition of the Stratospheric Ozone Protection Because it is a pesticide, methyl filed in 1991 under sections 602(c)(3) Program that limit production and bromide is also regulated by EPA under and 606(b) of the CAAA of 1990, consumption of ozone-depleting the Federal Insecticide, Fungicide, and requesting that EPA list methyl bromide substances can be found at 40 CFR Part Rodenticide Act (FIFRA) and other as a class I substance and phase out its 82, Subpart A. The regulatory program statutes and regulatory authority, as production and consumption. This date was originally published in the Federal well as by States under their own was consistent with section 602(d) of Register on August 12, 1988 (53 FR statutes and regulatory authority. Under the CAAA of 1990, which for newly 30566), in response to the 1987 signing FIFRA, methyl bromide is a restricted listed class I ozone-depleting substances and subsequent ratification of the use pesticide. Because of this status, a provides that ‘‘no extension [of the Montreal Protocol on Substances that restricted use pesticide is subject to phaseout schedule in section 604] under Deplete the Ozone Layer (Protocol). The certain Federal and State requirements this subsection may extend the date for Protocol is the international agreement governing its sale, distribution, and use. termination of production of any class I aimed at reducing and eliminating the Nothing in this proposed rule substance to a date more than 7 years production and consumption of implementing the Clean Air Act is after January 1 of the year after the year stratospheric ozone depleting intended to derogate from provisions in in which the substance is added to the substances. The U.S. was one of the any other Federal, State, or Local laws list of class I substances.’’ EPA based its original signatories to the 1987 Montreal or regulations governing actions action on scientific assessments and Protocol and the U.S. ratified the including, but not limited to, the sale, actions by the Parties to the Montreal Protocol on April 12, 1988. Congress distribution, transfer, and use of methyl Protocol to freeze the level of methyl then enacted, and President George bromide. All entities that would be bromide production and consumption H.W. Bush signed into law, the Clean affected by provisions of this proposal for industrialized countries at the 1992 Air Act Amendments of 1990 (CAAA of must continue to comply with FIFRA Meeting of the Parties in Copenhagen. 1990) which included Title VI on and other pertinent statutory and At their 1995 meeting, the Parties Stratospheric Ozone Protection, codified regulatory requirements for pesticides made adjustments to the methyl as 42 U.S.C. Chapter 85, Subchapter VI, (including, but not limited to, bromide control measures and agreed to to ensure that the United States could requirements pertaining to restricted use reduction steps and a 2010 phaseout satisfy its obligations under the pesticides) when importing, exporting, date for industrialized countries with Protocol. EPA issued new regulations to acquiring, selling, distributing, exemptions permitted for critical uses. implement this legislation and has made transferring, or using methyl bromide At that time, the U.S. continued to have several amendments to the regulations for critical uses. The regulations in this a 2001 phaseout date in accordance since that time. proposed action are intended only to with the CAAA of 1990 language. At implement the CAA restrictions on the their 1997 meeting, the Parties agreed to III. What Is Methyl Bromide? production, consumption and use of further adjustments to the phaseout Methyl bromide is an odorless, methyl bromide for critical uses schedule for methyl bromide in colorless, toxic gas which is used as a exempted from the phaseout of methyl industrialized countries, with reduction broad-spectrum pesticide and is bromide. steps leading to a 2005 phaseout for controlled under the CAA as a class I industrialized countries. In October ozone-depleting substance (ODS). IV. What Is the Legal Authority for 1998, the U.S. Congress amended the Methyl bromide is used in the U.S. and Exempting the Production and Import CAA to prohibit the termination of throughout the world as a fumigant to of Methyl Bromide for Critical Uses production of methyl bromide prior to control a wide variety of pests such as Authorized by the Parties to the January 1, 2005, to require EPA to bring insects, weeds, rodents, pathogens, and Montreal Protocol? the U.S. phaseout of methyl bromide in nematodes. Additional characteristics Methyl bromide was added to the line with the schedule specified under and details about the uses of methyl Protocol as an ozone-depleting the Protocol, and to authorize EPA to bromide can be found in the proposed substance in 1992 through the provide exemptions for critical uses.

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These amendments were contained in V. What Is the Critical Use Exemption and emissions minimization techniques Section 764 of the 1999 Omnibus Process? and applicants’ research or transition plans. This assessment process Consolidated and Emergency A. Background of the Process Supplemental Appropriations Act (Pub. culminates with the development of a L. 105–277, October 21, 1998) and were Starting in 2002, EPA began notifying document referred to as the ‘‘Critical codified in Section 604 of the CAA, 42 applicants of the process for obtaining a Use Nomination’’ or CUN. The CUN is U.S.C. 7671c. The amendment that critical use exemption to the methyl submitted annually by the U.S. specifically addresses the critical use bromide phaseout. On May 8, 2003, the Department of State to the United exemption appears at Section 604(d)(6), Agency published its first notice in the Nations Environment Programme 42 U.S.C. 7671c(d)(6). On November 28, Federal Register (68 FR 24737) (UNEP)’s Ozone Secretariat. The CUNs 2000, EPA issued regulations to amend announcing the availability of the of various countries are subsequently the phaseout schedule for methyl application for a critical use exemption reviewed by the Methyl Bromide bromide and extend the complete and the deadline for submission of the Technical Options Committee (MBTOC) phaseout of production and requisite data. Applicants were and the Technical and Economic informed that they may apply as consumption to 2005 (65 FR 70795). Assessment Panel (TEAP), which are individuals or as part of a group of users independent advisory bodies to Parties On December 23, 2004 (69 FR 76982), (a ‘‘consortium’’) who face the same to the Montreal Protocol. These bodies EPA published a final rule (the limiting critical conditions (i.e. specific make recommendations to the Parties on ‘‘Framework Rule’’) in the Federal conditions that establish a critical need the nominations. The Parties then take Register that established the framework for methyl bromide). EPA has repeated for the critical use exemption; set forth this process annually since then. The a Decision to authorize a critical use a list of approved critical uses for 2005; critical use exemption is designed to exemption for a particular country. The and specified the amount of methyl permit production and import of methyl Decision also identifies how much bromide that could be supplied in 2005 bromide for uses that do not have methyl bromide may be supplied for the from available stocks and new technically and economically feasible exempted critical uses. Finally, for each production or import to meet the needs alternatives. exemption period, EPA provides an of approved critical uses. EPA then The criteria for the exemption are opportunity such as this for comment published a second final rule that added delineated in Decision IX/6 of the on the amounts of methyl bromide that additional uses to the exemption Parties to the Protocol. In that Decision, the Agency has determined to be program for 2005 and allocated the Parties agreed that ‘‘a use of methyl necessary for critical uses and the uses additional stock allowances (70 FR bromide should qualify as ‘critical’ only that the Agency has determined meet 73604). EPA published a final rule on if the nominating Party determines that: the criteria of the critical use exemption. February 6, 2006 to exempt production (i) The specific use is critical because For more information on the domestic and import of methyl bromide for 2006 the lack of availability of methyl review process and methodology critical uses and indicate which uses bromide for that use would result in a employed by the Office of Pesticide met the criteria for the exemption significant market disruption; and (ii) Programs, please refer to a detailed program for that year (71 FR 5985). there are no technically and memo titled ‘‘Development of 2003 Under authority of section 604(d)(6) of economically feasible alternatives or Nomination for a Critical Use the CAA, EPA is proposing the uses that substitutes available to the user that are Exemption for Methyl Bromide for the will qualify as approved critical uses in acceptable from the standpoint of United States of America’’ available on 2007 and the amount of methyl bromide environment and public health and are the docket for this rulemaking. While required to satisfy those uses. suitable to the crops and circumstances the particulars of the data continue to of the nomination.’’ These criteria are evolve and clerical matters are further This proposed action reflects Decision reflected in EPA’s definition of ‘‘critical XVII/9, taken at the Parties’ Seventeenth streamlined, the technical review itself use’’ at 40 CFR 82.3. has remained the same since the Meeting in December 2005. In In response to the yearly requests for inception of the exemption of the accordance with Article 2H(5), the critical use exemption applications program. Parties have issued several Decisions published in the Federal Register, pertaining to the critical use exemption. applicants have provided data on the On January 31, 2005, the U.S. These include Decisions IX/6 and Ex. technical and economical feasibility of Government submitted the third U.S. I/4, which set forth criteria for review of using alternatives to methyl bromide. Nomination for a Critical Use proposed critical uses. The December Applicants further submit data on their Exemption for Methyl Bromide to the 23, 2004 Framework Rule (69 FR 76984) use of methyl bromide, on research Ozone Secretariat of the United Nations discusses the relationship between the programs into the use of alternatives to Environment Programme. This third relevant provisions of the CAA and methyl bromide, and on efforts to nomination contained the request for Article 2H of the Protocol, and the minimize use and emissions of methyl 2007 critical uses. On March 16 and 18, Decisions of the Parties that interpret bromide. 2005, and June 10 and 13, 2005, MBTOC Article 2H. Briefly, EPA regards certain EPA’s Office of Pesticide Programs sent questions to the U.S. Government provisions of Decisions IX/6, Ex I/4, and reviews the data submitted by concerning technical and economic XVII/9 as subsequent consensus applicants, as well as data from issues in the nomination. The U.S. agreements of the Parties that address governmental and academic sources, to Government transmitted responses to the interpretation and application of the establish whether there are technically these requests for clarification on April critical use provision in Article 2H(5) of and economically feasible alternatives 8, 2005 and August 18, 2005. These the Protocol. This proposed action available for a particular use of methyl documents, together with reports by the follows the terms of these provisions to bromide and whether there would be advisory bodies noted above, can be ensure consistency with the Montreal significant market disruption if no accessed in the docket for this Protocol and satisfy the requirements of exemption were available. In addition, rulemaking. The determination in this sections 604(d)(6) and 614(b) of the EPA reviews other parameters of the proposed rule reflects the analysis Clean Air Act. exemption applications such as dosage contained in those documents.

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B. How Does This Proposed Rulemaking bromide authorized in Decision XVII/9 Agency indicated that any volumes of Relate to Previous Critical Use to satisfy critical uses: methyl bromide produced or imported Exemption Rulemakings? (a) Reductions to accommodate under the critical use exemption in a uptake of sulfuryl fluoride in 2007. calendar year, but not used in that year, The December 23, 2004 Framework (b) Reductions to account for unused must be reported to EPA the following Rule (69 FR 76982) established the bulk critical use methyl bromide at the end year. These reporting requirements of the framework for the critical use of 2005. appear at §§ 82.13(f)(3)(xvi), exemption in the U.S. including trading (c) Reductions equivalent to the 82.13(g)(4)(xviii), and 82.13(bb)(2)(iii). provisions and recordkeeping and amount authorized for research An amount equivalent to this ‘‘carry- reporting obligations. In this action, purposes. over,’’ whether pre-plant or post- EPA is not proposing to change the (d) Reductions to accommodate harvest, would then be deducted from framework of the exemption program increased allocation of critical stock the total level of allowable new but rather to establish a list of approved allowances (CSAs). production and import in the year critical uses for 2007 and issue In the 2006 CUE Rule (71 FR 5985), following the year of the data report. For allowances that will determine the EPA allocated less methyl bromide for example, all carry-over methyl bromide amount of methyl bromide available for critical uses than was authorized by the that was produced or imported under those uses consistent with the Parties, in order to account for the the critical use exemption in 2005 was Framework Rule. recent registration of sulfuryl fluoride. reported to EPA in 2006 and would be The Agency based those reductions on reduced from the total allowable levels C. Proposed Critical Uses and the data contained in the 2008 Critical Adjustments to Critical Use Amounts of new production/import in 2007. Use Nomination (CUN), which was Therefore, in this proposed rule, EPA is In Decision XVII/9, taken in December submitted to the Ozone Secretariat in proposing to reduce the total level of 2005, the Parties to the Protocol agreed January 2006. The 2008 CUN is new production and import for critical as follows: ‘‘for the agreed critical-use available in the docket for this proposed uses by 443,000 kilograms to reflect the categories for 2007, set forth in table C rule. The nomination indicated that total level of carry-over material to the annex to the present decision for sulfuryl fluoride is registered to control available at the end of 2005. As each Party, to permit, subject to the the relevant pests in all post-harvest described in the Framework Rule, after conditions set forth in the present sectors except for cheese and dry cured applying this reduction to the total decision and decision Ex. I/4, the levels ham use categories and that between 12 volumes of allowable new production or of production and consumption for 2007 percent and 18 percent of the industry, import, EPA is pro-rating critical use set forth in table D of the annex to the depending on the use category, could allowances (CUAs) to each company present decision which are necessary to feasibly transition to this alternative based on their 1991 baseline market satisfy critical uses * * *’’ each year. This analysis still represents share. the best available data on the transition The following uses are those set forth Decision XVII/9, paragraph 7, to sulfuryl fluoride including factors ‘‘request[s] Parties to endeavor to use in table C of the annex to Decision XVII/ such as potential obstacles in the export 9: Cucurbits; dry commodities/ stocks, where available, to meet any of treated commodities. The report of demand for methyl bromide for the structures cocoa beans; dried fruit and the Methyl Bromide Technical Options nuts; NPMA dry commodities/structures purposes of research and development.’’ Committee (MBTOC) indicated that the In response to this Decision, EPA is (processed foods, herbs & spices, dried MBTOC did not make any reductions in milk and cheese processing facilities); reducing the total supply of new these use categories for the uptake of production and import for critical uses dry cure pork products (building and sulfuryl fluoride in 2007 because the by an amount equivalent to the total product); eggplant (field); forest nursery United States Government indicated amount authorized for research seedlings; mills and processors; nursery that it would do so in its domestic purposes, which is 21,702 kilograms. stock-fruit trees, raspberries, roses; allocation procedures. Therefore, EPA is The calculations used by the Agency for orchard replant; ornamentals; peppers proposing to reduce the total volume of the research adjustment are available for (field); strawberry fruit (field); critical use methyl bromide by 68,170 public comment in the docket for this strawberry runners; tomato (field) and kilograms to reflect the continuing action. Further, EPA is encouraging turf grass. When added together, the transition to sulfuryl fluoride. The methyl bromide suppliers to sell stocks agreed critical-use levels for 2007 total Agency seeks comment on the transition to researchers and is encouraging 6,749,060 kilograms, which is rates for sulfuryl fluoride described in researchers to purchase stocks of methyl equivalent to 26.4% of the U.S. 1991 the 2008 CUN and used in this proposed bromide. methyl bromide consumption baseline rule. In particular, the Agency continues Lastly, the Agency is considering of 25,528,000 kilograms. However, the to seek comment on the ability of increasing the amount of critical stock maximum amount of allowable new certain end users, such as dried fruit allowances (CSAs) to allocate for 2007 production or import as set forth in and nut processors, to be able to use critical uses from 6.2% of baseline as table D of Decision XVII/9 is 5,149,060 sulfuryl fluoride given the progress specified in Decision XVII/9 to 7.5% of kgs, which is equivalent to 20% of the made by importing countries in baseline consistent with the amount 1991 methyl bromide consumption establishing and approving tolerance allocated for 2005 critical uses. In baseline. The difference between levels for the use of sulfuryl fluoride. A section V.H. of this preamble, the allowable new production or import and copy of the 2008 analysis is available in Agency describes the rationale for total critical use exemption will be the rulemaking docket for comment. proposing and seeking comment on two made up from available stocks. EPA As described in the December 23, different amounts of CSAs to allocate. In further discusses the breakout between 2004 Framework Rule (69 FR 76997), allocating additional CSAs, the Agency new production or import and stocks in EPA is not permitting entities to build must make a corresponding reduction in sections V.G. and V.H. of this preamble. stocks of methyl bromide produced or the amount of new production and EPA is proposing to make the imported under the critical use import under the exemption program. In following reductions to the amount of exemption program. To prevent the this proposed action, EPA will list two newly produced or imported methyl unintended build up of such stocks, the tables of CUA and CSA allocations

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reflecting both the lower and upper CSA rulemaking. A copy of the label determination as to which uses and scenarios. amendment is available in the docket as what amounts of methyl bromide On February 6, 2006, EPA amended well. qualify for the critical use exemption. the label for 1,3–dichloropropene In this proposed rule, EPA is EPA notes that while we may, in (1,3–D) regarding karst restrictions and proposing to modify Columns B and C response to comments, reduce the copies of the amended labels are of Appendix L to 40 CFR Part 82, proposed quantities of critical use available in the docket for this proposed Subpart A to reflect the agreed critical- methyl bromide, or decide not to rule . The previous label states ‘‘Do not use categories identified in Decision approve uses authorized by the Parties, apply in areas overlying karst geology’’ XVII/9 for the 2007 control period we do not intend to increase the whereas the new label states ‘‘Do not (calendar year). The Agency is quantities or add new uses in the final apply this product within 100 feet of proposing to amend the table of critical rule beyond those authorized by the karst topographical features.’’ The new uses based, in part, on the technical Parties. Therefore, if there has been a label language is more instructive on the analysis contained in the 2007 U.S. change in registration of an alternative use of 1,3–D in areas with karst nomination that assesses data submitted that results in that alternative no longer topography, while still protecting the by applicants to the critical use being available to a particular use, EPA environment, than the previous label exemption program as well as public does not intend to add uses or amounts language. EPA’s assessment of the and proprietary data on the use of of methyl bromide to the critical use amount of methyl bromide that may be methyl bromide and its alternatives. exemption program beyond those displaced by the use of 1,3–D over karst EPA is seeking comment on the identified here. Under such areas in the 2007 technical analysis is aforementioned analysis and, in circumstances, the user should apply to already based on the revised label particular, any information regarding EPA, requesting that the U.S. nominate language now in place. Therefore, EPA changes to the registration or use of its use for a critical use exemption in is not proposing to make further alternatives that may have transpired the future. Based on the information reductions to the volumes of pre-plant after the 2007 U.S. nomination was described above, EPA is proposing that methyl bromide based on the label written. Such information has the the uses in Table I: Approved Critical change. EPA refers commenters to the potential to alter the technical or Uses, with the limiting critical more detailed explanation of this matter economic feasibility of an alternative conditions specified, qualify to obtain in the responses to the MBTOC and could thus cause EPA to modify the and use critical use methyl bromide in available in the docket for this analysis that underpins EPA’s 2007.

TABLE I.—APPROVED CRITICAL USES

Column A Column B Column C Limiting critical conditions that either exist, or that the approved critical user reasonably Approved critical uses Approved critical user and location of use expects could arise without methyl bromide fumigation

Pre-Plant Uses: Cucurbits ...... (a) Michigan growers ...... Moderate to severe soilborne fungal disease infestation. Moderate to severe disease infestation. A need for methyl bromide for research pur- poses. (b) Southeastern U.S. limited to growing loca- Moderate to severe yellow or purple nutsedge tions in Alabama, Arkansas, Kentucky, Lou- infestation. isiana, North Carolina, South Carolina, Ten- Moderate to severe fungal disease infestation. nessee, and Virginia. Moderate to severe root knot nematodes. A need for methyl bromide for research pur- poses. (c) Georgia growers ...... Moderate to severe yellow or purple nutsedge infestation. Moderate to severe fungal disease infestation. Moderate to severe root knot nematodes. A need for methyl bromide for research pur- poses. Eggplant ...... (a) Florida growers ...... Moderate to severe yellow or purple nutsedge infestation. Moderate to severe nematodes. Moderate to severe disease infestation. Restrictions on alternatives due to karst geol- ogy. A need for methyl bromide for research pur- poses.

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TABLE I.—APPROVED CRITICAL USES—Continued

Column A Column B Column C Limiting critical conditions that either exist, or that the approved critical user reasonably Approved critical uses Approved critical user and location of use expects could arise without methyl bromide fumigation

(b) Georgia growers ...... Moderate to severe yellow or purple nutsedge infestation. Moderate to severe nematodes. Moderate to severe pythium root, collar, crown and root rot. Moderate to severe disease infestation. Moderate to severe southern blight infesta- tion. Restrictions on alternatives due to karst geol- ogy. A need for methyl bromide for research pur- poses. (c) Michigan growers ...... Moderate to severe soilborne fungal disease infestation. A need for methyl bromide for research pur- poses. Forest Nursery Seedlings...... (a) Growers in Alabama, Arkansas, Florida, Moderate to severe yellow or purple nutsedge Georgia, Louisiana, Mississippi, North Caro- infestation. lina, Oklahoma, South Carolina, Ten- Moderate to severe disease infestation. nessee, Texas, and Virginia. (b) International Paper and its subsidiaries Moderate to severe yellow or purple nutsedge limited to growing locations in Alabama, Ar- infestation. kansas, Georgia, South Carolina, and Moderate to severe disease infestation. Texas. (c) Public (government-owned) seedling nurs- Moderate to severe weed infestation including eries in Illinois, Indiana, Kentucky, Mary- purple and yellow nutsedge infestation. land, Missouri, New Jersey, Ohio, Pennsyl- Moderate to severe Canada thistle infestation. vania, West Virginia, and Wisconsin. Moderate to severe nematodes. Moderate to severe fungal disease infestation. (d) Weyerhaeuser Company and its subsidi- Moderate to severe yellow or purple nutsedge aries limited to growing locations in Ala- infestation. bama, Arkansas, North Carolina, and South Moderate to severe disease infestation. Carolina. Moderate to severe nematodes and worms. (e) Weyerhaeuser Company and its subsidi- Moderate to severe yellow nutsedge infesta- aries limited to growing locations in Oregon tion. and Washington. Moderate to severe fungal disease infestation. (f) Michigan growers ...... Moderate to severe disease infestation. Moderate to severe Canada thistle infestation. Moderate to severe nutsedge infestation. Moderate to severe nematodes. (g) Michigan herbaceous perennials growers Moderate to severe nematodes. Moderate to severe fungal disease infestation. Moderate to severe yellow nutsedge and other weed infestation. Orchard Nursery Seedlings ...... (a) Members of the Western Raspberry Nurs- Moderate to severe nematode infestation. ery Consortium limited to growing locations Presence of medium to heavy clay soils. in California and Washington (Driscoll’s Prohibition on use of 1,3-dichloropropene Raspberries and their contract growers in products because local township limits on California and Washington). use of this alternative have been reached. A need for methyl bromide for research pur- poses. (b) Members of the California Association of Moderate to severe nematode infestation. Nurserymen-Deciduous Fruit and Nut Tree Presence of medium to heavy clay soils. Growers. Prohibition on use of 1,3-dichloropropene products because local township limits on use of this alternative have been reached. A need for methyl bromide for research pur- poses. (c) California rose nurseries ...... Moderate to severe nematode infestation. Prohibition on use of 1,3-dichloropropene products because local township limits on use of this alternative have been reached. A need for methyl bromide for research pur- poses.

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TABLE I.—APPROVED CRITICAL USES—Continued

Column A Column B Column C Limiting critical conditions that either exist, or that the approved critical user reasonably Approved critical uses Approved critical user and location of use expects could arise without methyl bromide fumigation

Strawberry Nurseries ...... (a) California growers ...... Moderate to severe disease infestation. Moderate to severe yellow or purple nutsedge infestation. Moderate to severe nematodes. A need for methyl bromide for research pur- poses. (b) Maryland, North Carolina, and Tennessee Moderate to severe black root rot. growers. Moderate to severe root-knot nematodes. Moderate to severe yellow and purple nutsedge infestation. A need for methyl bromide for research pur- poses. Orchard Replant ...... (a) California stone fruit growers ...... Moderate to severe nematodes. Moderate to severe fungal disease infestation. Replanted (non-virgin) orchard soils to pre- vent orchard replant disease. Presence of medium to heavy soils. Prohibition on use of 1,3-dichloropropene products because local township limits on use of this alternative have been reached. A need for methyl bromide for research pur- poses. (b) California table and raisin grape growers .. Moderate to severe nematodes. Moderate to severe fungal disease infestation. Replanted (non-virgin) orchard soils to pre- vent orchard replant disease. Medium to heavy soils. Prohibition on use of 1,3-dichloropropene products because local township limits for this alternative have been reached. A need for methyl bromide for research pur- poses. (c) California wine grape growers ...... Moderate to severe nematodes. Moderate to severe fungal disease infestation. Replanted (non-virgin) orchard soils to pre- vent orchard replant disease. Medium to heavy soils. Prohibition on use of 1,3-dichloropropene products because local township limits for this alternative have been reached. A need for methyl bromide for research pur- poses. (d) California walnut growers ...... Moderate to severe nematodes. Moderate to severe fungal disease infestation. Replanted (non-virgin) orchard soils to pre- vent orchard replant disease. Medium to heavy soils. Prohibition on use of 1,3-dichloropropene products because local township limits for this alternative have been reached. A need for methyl bromide for research pur- poses. (e) California almond growers ...... Moderate to severe nematodes. Moderate to severe fungal disease infestation. Replanted (non-virgin) orchard soils to pre- vent orchard replant disease. Medium to heavy soils. Prohibition on use of 1,3-dichloropropene products because local township limits for this alternative have been reached. A need for methyl bromide for research pur- poses.

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TABLE I.—APPROVED CRITICAL USES—Continued

Column A Column B Column C Limiting critical conditions that either exist, or that the approved critical user reasonably Approved critical uses Approved critical user and location of use expects could arise without methyl bromide fumigation

Ornamentals ...... (a) California growers ...... Moderate to severe disease infestation. Moderate to severe nematodes. Prohibition on use of 1,3-dichloropropene products because local township limits for this alternative have been reached. A need for methyl bromide for research pur- poses. (b) Florida growers ...... Moderate to severe weed infestation. Moderate to severe disease infestation. Moderate to severe nematodes. Karst topography A need for methyl bromide for research pur- poses. Peppers ...... (a) California growers ...... Moderate to severe disease infestation. Moderate to severe nematodes. Prohibition on use of 1,3-dichloropropene products because local township limits for this alternative have been reached. A need for methyl bromide for research pur- poses. (b) Alabama, Arkansas, Kentucky, Louisiana, Moderate to severe yellow or purple nutsedge North Carolina, South Carolina, Tennessee, infestation. and Virginia growers. Moderate to severe nematodes. Moderate to severe pythium root, collar, crown and root rots. Presence of an occupied structure within 100 feet of a grower’s field the size of 100 acres or less. A need for methyl bromide for research pur- poses. (c) Florida growers ...... Moderate to severe yellow or purple nutsedge infestation. Moderate to severe disease infestation. Moderate to severe nematodes. Karst topography. A need for methyl bromide for research pur- poses. (d) Georgia growers ...... Moderate to severe yellow or purple nutsedge infestation. Moderate to severe nematodes, or moderate to severe pythium root and collar rots. Moderate to severe southern blight infesta- tion, crown or root rot. A need for methyl bromide for research pur- poses. (e) Michigan growers ...... Moderate to severe fungal disease infestation. A need for methyl bromide for research pur- poses. Strawberry Fruit ...... (a) California growers ...... Moderate to severe black root rot or crown rot. Moderate to severe yellow or purple nutsedge infestation. Moderate to severe nematodes. Prohibition on use of 1,3-dichloropropene products because local township limits for this alternative have been reached. Time to transition to an alternative. A need for methyl bromide for research pur- poses.

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TABLE I.—APPROVED CRITICAL USES—Continued

Column A Column B Column C Limiting critical conditions that either exist, or that the approved critical user reasonably Approved critical uses Approved critical user and location of use expects could arise without methyl bromide fumigation

(b) Florida growers...... Moderate to severe yellow or purple nutsedge. Moderate to severe nematodes. Moderate to severe disease infestation. Carolina geranium or cut-leaf evening prim- rose infestation. Karst topography and to a lesser extent a need for methyl bromide for research pur- poses. (c) Alabama, Arkansas, Georgia, Illinois, Ken- Moderate to severe yellow or purple tucky, Louisiana, Maryland, New Jersey, nutsedge. North Carolina, Ohio, South Carolina, Ten- Moderate to severe nematodes. nessee, and Virginia growers. Moderate to severe black root and crown rot. Presence of an occupied structure within 100 feet of a grower’s field the size of 100 acres or less. A need for methyl bromide for research pur- poses. Tomatoes ...... (a) Michigan growers ...... Moderate to severe disease infestation. Moderate to severe fungal pathogen infesta- tion. A need for methyl bromide for research pur- poses. (b) Alabama, Arkansas, Florida, Georgia, Moderate to severe yellow or purple nutsedge Kentucky, Louisiana, North Carolina, South infestation. Carolina, Tennessee, and Virginia growers. Moderate to severe disease infestation. Moderate to severe nematodes . Presence of an occupied structure within 100 feet of a grower’s field the size of 100 acres or less. Karst topography. A need for methyl bromide for research pur- poses. Turfgrass ...... (a) U.S. turfgrass sod nursery producers who Production of industry certified pure sod. are members of Turfgrass Producers Inter- Moderate to severe bermudagrass. national (TPI). Moderate to severe nutsedge. Moderate to severe white grub infestation. Control of off-type perennial grass infestation. A need for methyl bromide for research pur- poses. Post-Harvest Uses: Food Processing ...... (a) Rice millers in all locations in the U.S. who Moderate to severe infestation of beetles, are members of the USA Rice Millers Asso- weevils or moths. ciation. Older structures that can not be properly sealed to use an alternative to methyl bro- mide. Presence of sensitive electronic equipment subject to corrosivity. Time to transition to an alternative. (b) Pet food manufacturing facilities in the Moderate to severe infestation or beetles, U.S. who are active members of the Pet moths, or cockroaches. Food Institute (For this proposed rule, ‘‘pet Older structures that can not be properly food’’ refers to domestic dog and cat food). sealed to use an alternative to methyl bro- mide. Presence of sensitive electronic equipment subject to corrosivity. Time to transition to an alternative. (c) Kraft Foods in the U.S...... Older structures that can not be properly sealed to use an alternative to methyl bro- mide. Presence of sensitive electronic equipment subject to corrosivity. Time to transition to an alternative.

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TABLE I.—APPROVED CRITICAL USES—Continued

Column A Column B Column C Limiting critical conditions that either exist, or that the approved critical user reasonably Approved critical uses Approved critical user and location of use expects could arise without methyl bromide fumigation

(d) Members of the North American Millers’’ Moderate to severe beetle infestation. Association in the U.S. Older structures that can not be properly sealed to use an alternative to methyl bro- mide. Presence of sensitive electronic equipment subject to corrosivity. Time to transition to an alternative. (e) Members of the National Pest Manage- Moderate to severe beetle or moth infestation. ment Association associated with dry com- Older structures that can not be properly modity structure fumigation (cocoa) and dry sealed to use an alternative to methyl bro- commodity fumigation (processed food, mide. herbs and spices, dried milk and cheese Presence of sensitive electronic equipment processing facilities). subject to corrosivity. Time to transition to an alternative. Commodity Storage ...... (a) California entities storing walnuts, beans, Rapid fumigation is required to meet a critical dried plums, figs, raisins, dates (in River- market window, such as during the holiday side county only), and pistachios in Cali- season, rapid fumigation is required when a fornia. buyer provides short (2 working days or less) notification for a purchase or there is a short period after harvest in which to fu- migate and there is limited silo availability for using alternatives. A need for methyl bromide for research pur- poses. Dry Cured Pork Products ...... (a) Members of the National Country Ham As- Moderate to severe red legged ham beetle in- sociation. festation. Moderate to severe cheese/ham skipper in- festation. Moderate to severe dermested beetle infesta- tion. Ham mite infestation. (b) Members of the American Association of Moderate to severe red legged ham beetle in- Meat Processors. festation. Moderate to severe cheese/ham skipper in- festation. Moderate to severe dermested beetle infesta- tion. Ham mite infestation. (c) Nahunta Pork Center (North Carolina) ...... Moderate to severe red legged ham beetle in- festation. Moderate to severe cheese/ham skipper in- festation. Moderate to severe dermested beetle infesta- tion. Ham mite infestation.

In the December 23, 2004 Framework restrictions on the use of stocks by processing facilities to NPMA dry Rule, EPA restricted access to stocks for critical uses (69 FR 76987) as an commodities to reflect the authorization approved critical users as a condition of appropriate means of ensuring that total of this use in Decision XVII/9; removing obtaining new production and import critical use does not exceed the level Idaho, Kansas, Nebraska, Oregon, Utah, (69 FR 76987). Decision XVII/9 agreed to by the Parties. The Agency and Washington from the approved establishes two distinct caps on the also believes that the restriction on public nursery locations in the Forest supply of methyl bromide for critical access to stocks for critical uses is an Nursery Sector because a 2007 uses: a limit on the maximum allowable expression of the United States’ application for these locations was not level of production or import and a limit ‘‘renewed commitment’’ to take stocks submitted to EPA; and removing on the maximum allowable amount of into account as expressed in Decision California growers from the tomato methyl bromide to be used for critical XVII/9(5). sector because this use was not uses. It further indicates that the EPA is proposing to amend the table authorized by the Parties for 2007. difference between the two levels is to in 40 CFR part 82, subpart A, Appendix The categories listed in Table I above be made up ‘‘by using quantities of L, as reflected above. Specifically, EPA have been designated critical uses for methyl bromide from stocks that the is adding one and deleting seven 2007 in Decision XVII/9 of the Parties. Party has recognized to be available.’’ references to and from column B. The The amount of methyl bromide EPA continues to view promulgated changes are as follows: adding cheese approved for research purposes is

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included in the amount of methyl market disruption in the absence of an using newly available high-barrier films bromide approved by the Parties for the exemption, and EPA refers readers to and that these studies show promising commodities for which ‘‘research’’ is the 2006 CUE final rule (71 FR 5989) as results. Users of methyl bromide should indicated as a limiting critical condition well as to the memo on the docket on make every effort to decrease overall in the table above. However, consistent the CUE process for further elaboration. emissions of methyl bromide by with the approach taken in the 2006 The remaining considerations, implementing measures such as the CUE Rule, the Agency is not setting including the lack of available ones listed above, to the extent aside a specific quantity of methyl technically and economically feasible consistent with state and local laws and bromide to be associated with research alternatives under the circumstance of regulations. The Agency encourages activities. Methyl bromide is needed for the nomination, efforts to minimize use researchers and users who are research purposes including and emissions of methyl bromide where successfully utilizing such techniques to experiments that require methyl technically and economically feasible, inform EPA of their experiences as part bromide as a standard control treatment the development of research and of their comments on this proposed rule transition plans, and the requests in with which to compare the trial and to provide such information with Decision Ex. I/4(5) that Parties consider alternatives’ results. EPA is proposing their critical use applications. In and implement MBTOC that the following sectors be allowed to addition, the Agency welcomes use critical use methyl bromide for recommendations, where feasible, on comments on the implementation of research purposes: cucurbits, dried fruit reductions in the critical use of methyl emission minimization techniques and and nuts, nursery stock, strawberry bromide and in paragraph 6 for Parties whether and how further emission nurseries, turfgrass, eggplant, peppers, that submit critical use nominations to strawberry fruit, tomatoes, and orchard include information on the methodology minimization could be achieved. replant. In their applications to EPA, they use to determine economic F. Critical Use Allowance Allocations these sectors identified research feasibility are all addressed in the programs that require the use of methyl nomination documents. EPA is proposing to allow limited bromide. Some of these criteria are evaluated in amounts of new production or import of other documents as well. For example, methyl bromide for critical uses for D. The Criteria in Decisions IX/6 and the U.S. has further considered matters 2007 up to the amount of 4,616,188 Ex. I/4 regarding the adoption of alternatives kilograms (18.08% of baseline) or in the Paragraphs 2 and 5 of Decision and research into methyl bromide alternative 4,301,588 kilograms (16.85% XVII/9 request parties to ensure that the alternatives, criterion (1)(b)(iii) in of baseline) as shown in Tables IIa and conditions or criteria listed in Decisions Decision IX/6, in the development of the IIb respectively below, depending on Ex. I/4 and IX/6, paragraph 1, are National Management Strategy (NMS) the volume of critical stocks the Agency applied to exempted critical uses for the submitted to the Ozone Secretariat in allocates. In section V.C. of this 2007 control period. A discussion of the December 2005 and in on-going preamble, the Agency indicated that if Agency’s application of the criteria in consultations with industry. The NMS we allocate a larger amount from stocks, paragraph 1 of Decision IX/6 appears in addresses all of the aims specified in EPA would make a corresponding sections V.A. and V.C. of this preamble. Decision Ex.I/4(3) to the extent feasible reduction to the volume of allowable In section V.C., the Agency is soliciting and is available in the docket for this new production/import. EPA is seeking comments from the public on the rulemaking. comment on the total levels of exempted technical basis for determining that the E. Emissions Minimization uses listed in this proposed rule meet new production or import for pre-plant the criteria of the critical use exemption. EPA notes for the regulated and post-harvest critical uses in 2007. The CUNs detail how each proposed community the reference to emission Each critical use allowance (CUA) is critical use meets the criteria listed in minimization techniques in paragraph 6 equivalent to 1 kg of critical use methyl paragraph 1 of Decision IX/6, apart from of Decision XVII/9, which states that bromide. These allowances expire at the the criterion located at (b)(ii), as well as Parties shall request critical users to end of the control period and, as the criteria in paragraphs 5 and 6 of employ ‘‘emission minimization explained in the Framework Rule, are Decision Ex. I/4. techniques such as virtually not bankable from one year to the next. The criterion in Decision impermeable films, barrier film This proposal for allocating the IX/6(1)(b)(ii), which refers to the use of technologies, deep shank injection and/ following number of pre-plant and post- available stocks of methyl bromide, is or other techniques that promote harvest CUAs to the entities listed addressed in sections V.G. and V.H. of environmental protection, whenever below is subject to the trading this preamble. The Agency has technically and economically feasible.’’ provisions at 40 CFR 82.12, which are previously provided its interpretation of In addition, EPA understands that discussed in section V.G. of the the criterion in Decision IX/6(1)(a)(i) research is being conducted on the preamble to the Framework Rule (69 FR regarding the presence of significant potential to reduce rates and emissions 76982).

TABLE IIa.—PROPOSED ALLOCATION OF CRITICAL USE ALLOWANCES BASED ON 1,621,702 kg FROM STOCKS

2007 Critical 2007 Critical use allow- use allow- Company ances for pre- ances for post- plant uses* harvest uses* (kilograms) (kilograms)

Great Lakes Chemical Corp ...... 2,573,764 231,494 Albemarle Corp ...... 1,058,390 95,196 Ameribrom, Inc ...... 584,889 52,607 TriCal, Inc ...... 18,212 1,638

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TABLE IIa.—PROPOSED ALLOCATION OF CRITICAL USE ALLOWANCES BASED ON 1,621,702 kg FROM STOCKS— Continued

2007 Critical 2007 Critical use allow- use allow- Company ances for pre- ances for post- plant uses* harvest uses* (kilograms) (kilograms)

Total ...... 4,235,254 380,935

TABLE IIb.—PROPOSED ALLOCATION OF CRITICAL USE ALLOWANCES BASED ON 1,936,302 kgs FROM STOCKS

2007 Critical 2007 Critical use allow- use allow- Company ances for pre- ances for post- plant uses* harvest uses* (kilograms) (kilograms)

Great Lakes Chemical Corp ...... 2,401,699 212,376 Albemarle Corp ...... 987,633 87,334 Ameribrom, Inc ...... 545,787 48,262 TriCal, Inc ...... 16,994 1,503

Total ...... 3,952,114 349,475 * For production or import of class I, Group VI controlled substance exclusively for the Pre-Plant or Post-Harvest uses specified in Appendix L to 40 CFR Part 82.

Paragraph four of Decision XVII/9 The TEAP recommendations are based 1,621,702 kilograms (6.2% of U.S. 1991 states ‘‘that Parties shall endeavor to on data submitted by the U.S. which in baseline) and 1,936,302 kilograms (7.5% license, permit, authorize, or allocate turn are based on recent historic use of U.S. 1991 baseline). EPA is quantities of critical use methyl bromide data in the current methyl bromide employing the same methodology and as listed in tables A and C of the annex market. In other words, the TEAP baselines for allocating CSAs as in to the present decision.’’ This is similar recommendations agreed to by the previous critical use rulemakings (69 FR to language in Decisions Ex. I/3(4) and Parties are based on current use and the 76982). If the Agency allocates Ex. II/1(4) regarding 2005 and 2006 current use patterns take place in a 1,621,702 kg of CSAs, then it would also critical uses, respectively. The language market where all pre-plant and post- allocate 4,616,188 kg of allowances for from these Decisions calls on Parties to harvest methyl bromide uses compete new production/import, bringing the endeavor to allocate critical use methyl for a lump sum supply of critical use total volume of critical use methyl bromide on a sector basis. material. Therefore, the Agency believes bromide to 6,237,890 kg (24.4% of In establishing the critical use that under a system of universal baseline) for 2007 U.S. critical uses. If exemption program, the Agency allocations, divided into pre-plant and the Agency allocates 1,936,302 kg of endeavored to allocate directly on a post-harvest sectors, the actual critical CSAs, then it would also allocate sector-by-sector basis by analyzing and use will closely follow the sector 4,301,588 kg of allowances for new proposing this option among others in breakout listed by the TEAP. These production/import, bringing the total the August 2004 Framework Rule notice issues were addressed in the previous volume of critical use methyl bromide (69 FR 52366). EPA solicited comment rule and EPA is not aware of any factors to 6,237,890 kgs (24.4% of baseline) for on both universal and sector-based that would alter the analysis performed 2007 U.S. critical uses as well. The allocation of critical use allowances. during the development of the Agency is seeking comment on the The Agency evaluated the various Framework Rule. EPA is not proposing amount of critical use methyl bromide options based on their economic, to change the approach adopted in the to come from stocks. environmental and practical effects. Framework Rule for the allocation of EPA currently possesses information After receiving comments, EPA CUAs but, in an endeavor to address on existing stocks of methyl bromide determined in the final Framework Rule Decision XVII/9(4), EPA will consider that has been claimed as confidential. (69 FR 76989) that a lump-sum, or additional comment on the Agency’s With regard to data for 2003, EPA has universal, allocation, modified to allocation of CUAs in the two groupings determined that the aggregate stock include distinct caps for pre-plant and (pre-plant and post-harvest) that the information is not confidential business post-harvest uses, was the most efficient Agency has employed in the past. A information but, in accordance with and least burdensome approach that summary of the options analysis EPA regulations, is withholding that would achieve the desired conducted by EPA is available in the information due to the filing of environmental results, and that a sector- docket for this rulemaking. complaints by affected businesses specific approach would pose G. Critical Stock Allowance Allocations seeking to enjoin the Agency from its significant administrative and practical and Total Volumes of Critical Use release (40 CFR 2.205). The United difficulties. Although the approach Methyl Bromide States District Court for the District of adopted in the Framework Rule does Columbia recently ruled that EPA has not directly allocate allowances to each EPA is proposing to allocate critical properly withheld the aggregate category of use, the Agency anticipates stock allowances (CSAs) to the entities information in this circumstance. In that reliance on market mechanisms listed below in Table III for the control addition, the court upheld EPA’s will achieve similar results indirectly. period of 2007 in the range of between treatment of the company-specific

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information as confidential. NRDC v. period for this rulemaking. Such nomination,’’ EPA would exercise its Leavitt, 2006 WL 667327 (D.D.C. March companies would not receive CSA discretion to reduce production/import 14, 2006). Therefore, the documentation allocations and would be excluded from and authorize and additional amount regarding company-specific allocation future allocations. All allowances from inventory (71 FR 5998). For the of CSAs is in the confidential portion of forfeited by companies through the 2006 control period, EPA authorized the rulemaking docket and is not listed written notification process will be 1,136,008 kilograms (5% of baseline) to in the table below. EPA will inform the reallocated to the remaining companies be supplied from pre-phaseout methyl listed companies of their CSA on a pro-rata basis. bromide inventories. EPA noted that allocations in a letter following H. Stocks of Methyl Bromide ‘‘continued drawdown of inventory for publication of the final rule. EPA critical uses at the level authorized in continues to follow its own regulations As discussed above and in the the Framework Rule for 2005’’ (i.e., 5% with respect to the treatment of December 23, 2004 Framework Rule, an of baseline) was an appropriate means, information claimed as confidential. approved critical user may obtain access for the 2006 control period, ‘‘of to exempted production/import of continuing the commitment previously TABLE III.—ALLOCATION OF CRITICAL methyl bromide and to limited made, in light of our understanding of STOCK ALLOWANCES inventories of pre-phaseout methyl current inventory and our analysis of bromide, the combination of which the current needs of users.’’ In addition, Company constitute the supply of ‘‘critical use EPA responded to stakeholder concerns methyl bromide’’ intended to meet the that taking 5% of baseline from Albemarle needs of agreed critical uses. inventory in 2006 and 6.2% in 2007 Ameribrom, Inc. In developing this proposed action, Bill Clark Pest Control, Inc. would result in shortages. EPA reported the Agency notes that Decision XVII/9 that the Agency ‘‘has re-examined the Blair Soil Fumigation (para. 5) contains the following available inventory data and has Burnside Services, Inc. language: ‘‘that each Party which has an Cardinal Professional Products projected multiple scenarios concerning agreed critical use renews its Carolina Eastern, Inc. levels of consumption of existing commitment to ensure that the criteria Degesch America, Inc. inventory. Based on these efforts, EPA in paragraph 1 of decision IX/6 are Dodson Bros. believes that critical users will continue applied when licensing, permitting or Great Lakes Chemical Corp. to be able to meet their needs Harvey Fertilizer & Gas authorizing critical use of methyl throughout 2006 and 2007 through the Helena Chemical Co. bromide and that such procedures take anticipated combination of new Hendrix & Dail into account available stocks of banked production and import and inventory Hy Yield Bromine or recycled methyl bromide.’’ This Industrial Fumigation Company language is similar to language in drawdown’’ (71 FR 6000). J.C. Ehrlich Co. After EPA published the 2006 final Pacific Ag Decision XVI/2 authorizing 2006 critical uses. Language calling on Parties to rule, it collected data on holdings of Pest Fog Sales Corp. pre-2005 stocks from methyl bromide Prosource One address stocks also appears in Decision Reddick Fumigants Ex. I/3, which authorized 2005 critical suppliers as part of its routine reporting Royster-Clark, Inc. uses. under the CUE program. For 2007, EPA Southern State Cooperative, Inc. In the Framework Rule, which is proposing that the amount to come Trical Inc. established the architecture of the from stocks be either the difference Trident Agricultural Products critical use exemption program and set between the agreed U.S. critical-use UAP Southeast (NC) out the exempted levels of critical use level (6,749,060 kg) and the amount of UAP Southeast (SC) for 2005, EPA interpreted paragraph 5 of allowable new production or import Univar (5,149,060 kg) (the difference between Vanguard Fumigation Co. Decision Ex. I/3 ‘‘as meaning that the Western Fumigation U.S. should not authorize critical use these amounts is 1,600,000 kg, or 6.2% Total—1,621,702 kilograms or 1,936,302 exemptions without including of baseline) or 1,914,600 kgs (7.5% of kilograms. provisions addressing drawdown from baseline) as it was for critical uses in stocks for critical uses’’ (69 FR 76987). 2005, plus an additional amount for the Several companies that receive very The Framework Rule established adjustment for amounts for research small amounts of CSAs from EPA have provisions governing the sale of pre- purposes. Both amounts are larger than contacted the Agency and requested that phaseout inventories for critical uses, the amounts taken from stocks in the they be permitted to permanently retire including the concept of CSAs and a preceding year of the exemption their allowances. Some companies prohibition on sale of pre-phaseout program and represent the continued receive as few as 3 allowances which inventories for critical uses in excess of regulatory implementation of U.S. allow the holder to sell up to 3 the amount of CSAs held by the seller. commitments expressed in relevant kilograms of methyl bromide to critical In addition, EPA noted that stocks were Decisions of the Parties including uses. Due to the small allocation and further taken into account through the Decision XVII/9(5). EPA is also seeking because they typically do not sell trading provisions that allow critical use comment on whether some other critical use methyl bromide, they find allowances to be converted into CSAs. number in this range would be the allocation of CSAs, and associated Under this proposed action, no appropriate. recordkeeping and reporting significant changes would be made to In light of the possibility that EPA requirements, to be unduly burdensome. those provisions. will authorize a lower amount of In response to this concern, EPA is In the February 6, 2006 final rule that production/import than allowed in proposing to allow CSA holders, on a determined the amount to come from Decision XVII/9 and therefore that the voluntary basis, to permanently stocks during the 2006 control period, regulated community may have relinquish their allowances through EPA stated that ‘‘bearing in mind the concerns regarding shortages of methyl written notification to the person United States’ ‘renewed commitment’ as bromide, the Agency would like to indicated in the ADDRESSES section of stated in Decision Ex II/1, and its reiterate its commitment to closely this preamble during the comment experience with the 2005 critical use monitor CUA and CSA data. Further, as

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stated in the final 2006 CUE rule, if an subject to OMB review and the to generate, maintain, retain, or disclose inventory shortage occurs, EPA may requirements of the Executive Order. or provide information to or for a consider various options including, but The Order defines ‘‘significant Federal agency. This includes the time not limited to, promulgating a final regulatory action’’ as one that is likely needed to review instructions; develop, version of the petition process proposed to result in a rule that may: (1) Have an acquire, install, and utilize technology on October 27, 2005 (70 FR 62030), annual effect on the economy of $100 and systems for the purposes of taking into account comments received million or more or adversely affect in a collecting, validating, and verifying on that proposal; proposing a different material way the economy, a sector of information, processing and administrative mechanism to serve the the economy, productivity, competition, maintaining information, and disclosing same purpose; or authorizing jobs, the environment, public health or and providing information; adjust the conversion of a limited number of CSAs safety, or State, local, or tribal existing ways to comply with any to CUAs through a rulemaking, bearing governments or communities; (2) create previously applicable instructions and in mind the upper limit on U.S. a serious inconsistency or otherwise requirements; train personnel to be able production/import for critical uses. interfere with an action taken or to respond to a collection of An alternative means of addressing planned by another agency; (3) information; search data sources; stocks appeared in a recent Federal materially alter the budgetary impact of complete and review the collection of Register notice relating to the essential entitlements, grants, user fees, or loan information; and transmit or otherwise use exemption program (71 FR 18264). programs or the rights and obligations of disclose the information. In that context, the relevant Decision recipients thereof; or (4) raise novel stated that ‘‘Parties shall take into An Agency may not conduct or legal or policy issues arising out of legal sponsor, and a person is not required to account * * * stocks of controlled mandates, the President’s priorities, or substances * * * such that no more respond to, a collection of information the principles set forth in the Executive unless it displays a currently valid OMB than a one-year operational supply is Order. maintained by that manufacturer.’’ This control number. The OMB control It has been determined that this is a numbers for EPA’s regulations are listed Decision refers to another exemption ‘‘significant regulatory action’’ under program, one that is analogous but in 40 CFR Part 9 and 48 CFR Chapter Executive Order No. 12866 and EPA has 15. differently structured from the CUE, and submitted it to OMB for review. operating for different applications and Changes made in response to OMB C. Regulatory Flexibility Act circumstances. EPA seeks comment on suggestions or recommendations will be whether, in the critical use exemption documented in the public record. The RFA generally requires an agency context, it would be appropriate to to prepare a regulatory flexibility adjust the level of new production and B. Paperwork Reduction Act analysis of any rule subject to notice- import with the goal of maintaining a This proposed action does not add and-comment rulemaking requirements stockpile of some specified duration and any information collection requirements under the Administrative Procedure Act seeks comment on how many months of or increase burden under the provisions or any other statute unless the agency inventory of methyl bromide may be of the Paperwork Reduction Act, 44 certifies that the rule will not have a appropriate to maintain non-disruptive U.S.C. 3501 et seq. The Office of significant economic impact on a management of this chemical in the Management and Budget (OMB) has substantial number of small entities. supply chain for purposes of previously approved the information Small entities include small businesses, determining availability as inventories collection requirements contained in the small organizations, and small are reduced over time. existing regulations, 40 CFR Part 82, governmental jurisdictions. For In sections V.F. and V.G. of this under the provisions of the Paperwork purposes of assessing the impacts of this preamble, EPA seeks comment on the Reduction Act, 44 U.S.C. 3501 et seq. proposed rule on small entities, small amount of critical use methyl bromide and has assigned OMB control number entity is defined as: (1) A small business to come from stocks compared to new 2060–0564, EPA ICR number 2179.02 that is identified by the North American production and import. and 2179.03. A copy of the OMB Industry Classification System (NAICS) VI. Statutory and Executive Order approved Information Collection Code in the Table below; (2) a small Reviews Request (ICR) may be obtained from governmental jurisdiction that is a Susan Auby, Collection Strategies government of a city, county, town, A. Executive Order No. 12866: Division; U.S. Environmental Protection school district or special district with a Regulatory Planning and Review Agency (2822T); 1200 Pennsylvania population of less that 50,000; and (3) Under Executive Order No. 12866, (58 Ave., NW., Washington, DC 20460 or by a small organization that is any not-for- FR 51735, October 4, 1993) the Agency calling (202) 566–1672. profit enterprise which is independently must determine whether the regulatory Burden means the total time, effort, or owned and operated and is not action is ‘‘significant’’ and therefore financial resources expended by persons dominant in its field.

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NAICS small business size standard Category NAICS code SIC code (in number of employ- ees or millions of dol- lars)

Agricultural Production ...... 1112—Vegetable and Melon farming ...... 0171—Berry Crops ...... $0.75 million. 1113—Fruit and Nut Tree Farming ...... 0172—Grapes ...... 1114—Greenhouse, Nursery, and Flori- 0173—Tree Nuts ...... culture Production. 0175—Deciduous Tree Fruits (except apple orchards and farms). 0179—Fruit and Tree Nuts, NEC ...... 0181—Ornamental Floriculture and Nurs- ery Products. 0831—Forest Nurseries and Gathering of Forest Products. Storage Uses ...... 115114—Postharvest Crop activities (ex- 2041—Flour and Other Grain Mill Prod- $6 million. cept Cotton Ginning). ucts. 311211—Flour Milling ...... 2044—Rice Milling ...... 4221—Farm Product Warehousing and Storage. 311212—Rice Milling ...... 4225—General Warehousing and Storage $21.5 million. 493110—General Warehousing and Stor- age. 493130—Farm Product Warehousing and Storage. Distributors and Applicators ... 115112—Soil Preparation, Planting and 0721—Crop Planting, Cultivation, and Pro- $6 million. Cultivating. tection. Producers and Importers ...... 325320—Pesticide and Other Agricultural 2879—Pesticides and Agricultural Chemi- 500 employees. Chemical Manufacturing. cals, NEC.

Agricultural producers of minor crops the regulatory flexibility analyses is to or by the private sector, of $100 million and entities that store agricultural identify and address regulatory or more in any one year. If a written commodities are categories of affected alternatives ‘‘which minimize any statement is required under Section 202, entities that contain small entities. This significant economic impact of the Section 205 of the UMRA generally proposed rule will only affect entities proposed rule on small entities.’’ (5 requires EPA to identify and consider a that applied to EPA for a de-regulatory U.S.C. 603–604). Thus, an Agency may reasonable number of regulatory exemption. In most cases, EPA received certify that a rule will not have a alternatives and adopt the least costly, aggregated requests for exemptions from significant economic impact on a most cost-effective or least burdensome industry consortia. On the exemption substantial number of small entities if alternative that achieves the objectives application, EPA asked consortia to the rule relieves a regulatory burden, or of the rule, unless the Agency explains describe the number and size otherwise has a positive economic effect why this alternative is not selected or distribution of entities their application on all of the small entities subject to the the selection of this alternative is covered. EPA estimated that 3,218 rule. Since this rule exempts methyl inconsistent with law. entities petitioned EPA for an bromide for approved critical uses after Section 203 of the UMRA requires the exemption for the 2005 control period. the phaseout date of January 1, 2005, Agency to establish a plan for obtaining EPA received requests from a this is a de-regulatory action which will input from and informing, educating, comparable number of entities for the confer a benefit to users of methyl and advising any small governments 2006 control period. Since many bromide. EPA believes the estimated de- that may be significantly or uniquely applicants did not provide information regulatory value for users of methyl affected by the rule. Section 204 of the on the distribution of sizes of entities bromide is between $20 million and $30 UMRA requires the Agency to develop covered in their applications, EPA million annually. We have therefore a process to allow elected state, local, estimated that, based on the above concluded that this proposed rule will and tribal government officials to definition, between one-fourth and one- relieve regulatory burden for all small provide input in the development of any third of the entities may be small entities. proposal containing a significant businesses. In addition, other categories Federal intergovernmental mandate. D. Unfunded Mandates Reform Act of affected entities do not contain small This proposed rule contains no businesses based on the above Title II of the Unfunded Mandates Federal mandates (under the regulatory description. Reform Act of 1995 (UMRA), Public provisions of Title II of the UMRA) for After considering the economic Law 104–4, establishes requirements for State, local, or tribal governments or the impacts of this proposed rule on small Federal agencies to assess the effects of private sector. This action is entities, EPA certifies that this action their regulatory actions on State, local deregulatory and does not impose any will not have a significant economic and tribal governments and the private new requirements on any entities. Thus, impact on a substantial number of small sector. Under Section 202 of the UMRA, this proposed rule is not subject to the entities. In determining whether a rule EPA generally must prepare a written requirements of sections 202 and 205 of has a significant economic impact on a statement, including a cost-benefit the UMRA. Further, EPA has substantial number of small entities, the analysis, for proposed and final rules determined that this rule contains no impact of concern is any significant with ‘‘Federal mandates’’ that may regulatory requirements that might adverse economic impact on small result in expenditures by State, local significantly or uniquely affect small entities, since the primary purpose of and tribal governments, in the aggregate, governments.

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E. Executive Order No. 13132: Executive Order No. 13175 does not I. National Technology Transfer and Federalism apply to this proposed rule. Advancement Act Executive Order No. 13132, entitled G. Executive Order No. 13045: Section 12(d) of the National ‘‘Federalism’’ (64 FR 43255, August 10, Protection of Children From Technology Transfer and Advancement 1999), requires EPA to develop an Environmental Health and Safety Risks Act of 1995 (‘‘NTTAA’’), Public Law accountable process to ensure Executive Order No. 13045: 104–113, Section 12(d) (15 U.S.C. 272 ‘‘meaningful and timely input by State ‘‘Protection of Children from note) directs EPA to use voluntary and local officials in the development of Environmental Health Risks and Safety consensus standards in its regulatory regulatory policies that have federalism Risks’’ (62 FR 19885, April 23, 1997) activities unless to do so would be implications.’’ The phrase ‘‘policies that applies to any rule that: (1) Is inconsistent with applicable law or have federalism implications’’ is determined to be ‘‘economically otherwise impractical. Voluntary defined in the Executive Order to significant’’ as defined under Executive consensus standards are technical include regulations that have Order 12866, and (2) concerns an standards (e.g., materials specifications, ‘‘substantial direct effects on the States, environmental health or safety risk that test methods, sampling procedures, and on the relationship between the national EPA has reason to believe may have a business practices) that are developed or government and the States, or on the disproportionate effect on children. If adopted by voluntary consensus distribution of power and the regulatory action meets both criteria, standards bodies. The NTTAA directs responsibilities among the various the Agency must evaluate the EPA to provide Congress, through OMB, levels of government.’’ environmental health or safety effects of explanations when the Agency decides This proposed rule does not have the planned rule on children, and not to use available and applicable federalism implications. It will not have explain why the planned regulation is voluntary consensus standards. This substantial direct effects on the States, preferable to other potentially effective rulemaking does not involve technical on the relationship between the national and reasonably feasible alternatives standards. Therefore, EPA is not government and the States, or on the considered by the Agency. considering the use of any voluntary EPA interprets Executive Order 13045 distribution of power and consensus standards. as applying only to those regulatory responsibilities among the various actions that are based on health or safety List of Subjects in 40 CFR Part 82 levels of government, as specified in risks, such that the analysis required Executive Order No. 13132. This Environmental protection, Ozone under Section 5–501 of the Order has proposed rule is expected to primarily depletion, Chemicals, Exports, Imports. the potential to influence the regulation. affect producers, suppliers, importers This proposed rule is not subject to Dated: June 23, 2006. and exporters and users of methyl Executive Order 13045 because it does Stephen L. Johnson, bromide. Thus, Executive Order 13132 not establish an environmental standard does not apply to this proposed rule. Administrator. intended to mitigate health or safety For the reasons stated in the F. Executive Order No. 13175: risks. preamble, 40 CFR part 82 is proposed to Consultation and Coordination With H. Executive Order No. 13211: Actions be amended as follows: Indian Tribal Governments That Significantly Affect Energy Supply, Executive Order No. 13175, entitled Distribution, or Use PART 82—PROTECTION OF ‘‘Consultation and Coordination with This proposed rule is not a STRATOSPHERIC OZONE Indian Tribal Governments’’ (65 FR ‘‘significant energy action’’ as defined in 67249, November 9, 2000), requires EPA Executive Order No. 13211, ‘‘Actions 1. The authority citation for part 82 to develop an accountable process to Concerning Regulations That continues to read as follows: ensure ‘‘meaningful and timely input by Significantly Affect Energy Supply, Authority: 42 U.S.C. 7414, 7601, 7671– tribal officials in the development of Distribution, or Use’’ (66 FR 28355 (May 7671q. regulatory policies that have tribal 22, 2001)) because it is not likely to implications.’’ This proposed rule does have a significant adverse effect on the 2. Section 82.8 is amended by revising not have tribal implications, as specified supply, distribution, or use of energy. the table in paragraph (c)(1) and in Executive Order No. 13175. This This proposed rule does not pertain to paragraph (c)(2) to read as follows: proposed rule does not significantly or any segment of the energy production § 82.8 Grant of essential use allowances uniquely affect the communities of economy nor does it regulate any and critical use allowances. Indian tribal governments. The manner of energy use. Therefore, we * * * * * proposed rule does not impose any have concluded that this proposed rule enforceable duties on communities of is not likely to have any adverse energy (c) * * * Indian tribal governments. Thus, effects. (1) * * *

2007 Critical 2007 Critical use allow- use allow- Company ances for pre- ances for post- plant uses* harvest uses* (kilograms) (kilograms)

Great Lakes Chemical Corp ...... 2,573,764 231,494 Albemarle Corp ...... 1,058,390 95,196 Ameribrom, Inc ...... 584,889 52,607 TriCal, Inc ...... 18,212 1,638

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2007 Critical 2007 Critical use allow- use allow- Company ances for pre- ances for post- plant uses* harvest uses* (kilograms) (kilograms)

Total ...... 4,235,254 380,935 *For production or import of class I, Group VI controlled substance exclusively for the Pre-Plant or Post-Harvest uses specified in appendix L to this subpart.

(2) Allocated critical stock allowances Company Company granted for specified control period. The following companies are allocated Carolina Eastern, Inc. Royster-Clark, Inc. critical stock allowances for 2007 on a Degesch America, Inc. Southern State Cooperative, Inc. pro-rata basis in relation to the Dodson Bros. Trical Inc. Great Lakes Chemical Corp. inventory held by each. Trident Agricultural Products Harvey Fertilizer & Gas UAP Southeast (NC) Helena Chemical Co. UAP Southeast (SC) Company Hendrix & Dail Univar Hy Yield Bromine Albemarle Vanguard Fumigation Co. Industrial Fumigation Company Western Fumigation Ameribrom, Inc. J.C. Ehrlich Co. Total—1,621,702 kilograms. Bill Clark Pest Control, Inc. Pacific Ag Blair Soil Fumigation Pest Fog Sales Corp. Burnside Services, Inc. Prosource One 3. Appendix L to Subpart A is revised Cardinal Professional Products Reddick Fumigants to read as follows:

APPENDIX L TO SUBPART A OF PART 82.—APPROVED CRITICAL USES AND LIMITING CRITICAL CONDITIONS FOR THOSE USES FOR THE 2007 CONTROL PERIOD

Column A Column B Column C Limiting critical conditions that either exist, or that the Approved critical uses Approved critical user and location of use approved critical user reasonably expects could arise without methyl bromide fumigation

Pre-Plant Uses: Cucurbits ...... (a) Michigan growers ...... Moderate to severe soilborne fungal disease infesta- tion. Moderate to severe disease infestation. A need for methyl bromide for research purposes. (b) Southeastern U.S. limited to growing locations in Moderate to severe yellow or purple nutsedge infesta- Alabama, Arkansas, Kentucky, Louisiana, North tion. Carolina, South Carolina, Tennessee, and Virginia. Moderate to severe fungal disease infestation. Moderate to severe root knot nematodes. A need for methyl bromide for research purposes. (c) Georgia growers ...... Moderate to severe yellow or purple nutsedge infesta- tion Moderate to severe fungal disease infestation. Moderate to severe root knot nematodes. A need for methyl bromide for research purposes. Eggplant ...... (a) Florida growers ...... Moderate to severe yellow or purple nutsedge infesta- tion. Moderate to severe nematodes. Moderate to severe disease infestation. Restrictions on alternatives due to karst geology. A need for methyl bromide for research purposes. (b) Georgia growers ...... Moderate to severe yellow or purple nutsedge infesta- tion. Moderate to severe nematodes. Moderate to severe pythium root, collar, crown and root rot. Moderate to severe disease infestation. Moderate to severe southern blight infestation. Restrictions on alternatives due to karst geology. A need for methyl bromide for research purposes. (c) Michigan growers ...... Moderate to severe soilborne fungal disease infesta- tion. A need for methyl bromide for research purposes. Forest Nursery Seed- (a) Growers in Alabama, Arkansas, Florida, Georgia, Moderate to severe yellow or purple nutsedge infesta- lings. Louisiana, Mississippi, North Carolina, Oklahoma, tion. South Carolina, Tennessee, Texas, and Virginia. Moderate to severe disease infestation.

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APPENDIX L TO SUBPART A OF PART 82.—APPROVED CRITICAL USES AND LIMITING CRITICAL CONDITIONS FOR THOSE USES FOR THE 2007 CONTROL PERIOD—Continued

Column A Column B Column C Limiting critical conditions that either exist, or that the Approved critical uses Approved critical user and location of use approved critical user reasonably expects could arise without methyl bromide fumigation

(b) International Paper and its subsidiaries limited to Moderate to severe yellow or purple nutsedge infesta- growing locations in Alabama, Arkansas, Georgia, tion. South Carolina, and Texas. Moderate to severe disease infestation. (c) Public (government-owned) seedling nurseries in Illi- Moderate to severe weed infestation including purple nois, Indiana, Kentucky, Maryland, Missouri, New and yellow nutsedge infestation. Jersey, Ohio, Pennsylvania, West Virginia, and Wis- Moderate to severe Canada thistle infestation. consin. Moderate to severe nematodes. Moderate to severe fungal disease infestation. (d) Weyerhaeuser Company and its subsidiaries limited Moderate to severe yellow or purple nutsedge infesta- to growing locations in Alabama, Arkansas, North tion. Carolina, and South Carolina. Moderate to severe disease infestation. Moderate to severe nematodes and worms. (e) Weyerhaeuser Company and its subsidiaries limited Moderate to severe yellow nutsedge infestation. to growing locations in Oregon and Washington. Moderate to severe fungal disease infestation. (f) Michigan growers ...... Moderate to severe disease infestation. Moderate to severe Canada thistle infestation. Moderate to severe nutsedge infestation. Moderate to severe nematodes. (g) Michigan herbaceous perennials growers ...... Moderate to severe nematodes. Moderate to severe fungal disease infestation. Moderate to severe yellow nutsedge and other weed in- festation. Orchard Nursery Seed- (a) Members of the Western Raspberry Nursery Con- Moderate to severe nematode infestation lings. sortium limited to growing locations in California and Presence of medium to heavy clay soils Washington (Driscoll’s Raspberries and their contract Prohibition on use of 1,3-dichloropropene products be- growers in California and Washington). cause local township limits on use of this alternative have been reached. A need for methyl bromide for research purposes. (b) Members of the California Association of Nursery- Moderate to severe nematode infestation. men-Deciduous Fruit and Nut Tree Growers. Presence of medium to heavy clay soils. Prohibition on use of 1,3-dichloropropene products be- cause local township limits on use of this alternative have been reached. A need for methyl bromide for research purposes. (c) California rose nurseries ...... Moderate to severe nematode infestation. Prohibition on use of 1,3-dichloropropene products be- cause local township limits on use of this alternative have been reached. A need for methyl bromide for research purposes. Strawberry Nurseries .... (a) California growers ...... Moderate to severe disease infestation. Moderate to severe yellow or purple nutsedge infesta- tion. Moderate to severe nematodes. A need for methyl bromide for research purposes. (b) Maryland, North Carolina, and Tennessee growers Moderate to severe black root rot. Moderate to severe root-knot nematodes. Moderate to severe yellow and purple nutsedge infesta- tion. A need for methyl bromide for research purposes. Orchard Replant ...... (a) California stone fruit growers ...... Moderate to severe nematodes. Moderate to severe fungal disease infestation. Replanted (non-virgin) orchard soils to prevent orchard replant disease. Presence of medium to heavy soils. Prohibition on use of 1,3-dichloropropene products be- cause local township limits for this alternative have been reached. A need for methyl bromide for research purposes. (b) California table and raisin grape growers ...... Moderate to severe nematodes. Moderate to severe fungal disease infestation. Replanted (non-virgin) orchard soils to prevent orchard replant disease. Medium to heavy soils. Prohibition on use of 1,3-dichloropropene products be- cause local township limits for this alternative have been reached. A need for methyl bromide for research purposes.

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APPENDIX L TO SUBPART A OF PART 82.—APPROVED CRITICAL USES AND LIMITING CRITICAL CONDITIONS FOR THOSE USES FOR THE 2007 CONTROL PERIOD—Continued

Column A Column B Column C Limiting critical conditions that either exist, or that the Approved critical uses Approved critical user and location of use approved critical user reasonably expects could arise without methyl bromide fumigation

(c) California wine grape growers ...... Moderate to severe nematodes. Moderate to severe fungal disease infestation. Replanted (non-virgin) orchard soils to prevent orchard replant disease. Medium to heavy soils. Prohibition on use of 1,3-dichloropropene products be- cause local township limits for this alternative have been reached. A need for methyl bromide for research purposes. (d) California walnut growers ...... Moderate to severe nematodes. Moderate to severe fungal disease infestation. Replanted (non-virgin) orchard soils to prevent orchard replant disease. Medium to heavy soils. Prohibition on use of 1,3-dichloropropene products be- cause local township limits for this alternative have been reached. A need for methyl bromide for research purposes. (e) California almond growers ...... Moderate to severe nematodes. Moderate to severe fungal disease infestation. Replanted (non-virgin) orchard soils to prevent orchard replant disease. Medium to heavy soils. Prohibition on use of 1,3-dichloropropene products be- cause local township limits for this alternative have been reached. A need for methyl bromide for research purposes. Ornamentals ...... (a) California growers ...... Moderate to severe disease infestation. Moderate to severe nematodes. Prohibition on use of 1,3-dichloropropene products be- cause local township limits for this alternative have been reached. A need for methyl bromide for research purposes. (b) Florida growers ...... Moderate to severe weed infestation. Moderate to severe disease infestation. Moderate to severe nematodes. Karst topography. A need for methyl bromide for research purposes. Peppers ...... (a) California growers ...... Moderate to severe disease infestation. Moderate to severe nematodes. A prohibition on the use of 1,3-dichloropropene prod- ucts because local township limits for this alternative have been reached. A need for methyl bromide for research purposes. (b) Alabama, Arkansas, Kentucky, Louisiana, North Moderate to severe yellow or purple nutsedge infesta- Carolina, South Carolina, Tennessee, and Virginia tion Moderate to severe nematodes. growers. Moderate to severe pythium root, collar, crown and root rots. Presence of an occupied structure within 100 feet of a grower’s field the size of 100 acres or less. A need for methyl bromide for research purposes. (c) Florida growers ...... Moderate to severe yellow or purple nutsedge infesta- tion. Moderate to severe disease infestation. Moderate to severe nematodes. Karst topography. A need for methyl bromide for research purposes. (d) Georgia growers ...... Moderate to severe yellow or purple nutsedge infesta- tion. Moderate to severe nematodes, or moderate to severe pythium root and collar rots. Moderate to severe southern blight infestation, crown or root rot. A need for methyl bromide for research purposes. (e) Michigan growers ...... Moderate to severe fungal disease infestation. A need for methyl bromide for research purposes.

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APPENDIX L TO SUBPART A OF PART 82.—APPROVED CRITICAL USES AND LIMITING CRITICAL CONDITIONS FOR THOSE USES FOR THE 2007 CONTROL PERIOD—Continued

Column A Column B Column C Limiting critical conditions that either exist, or that the Approved critical uses Approved critical user and location of use approved critical user reasonably expects could arise without methyl bromide fumigation

Strawberry Fruit ...... (a) California growers ...... Moderate to severe black root rot or crown rot. Moderate to severe yellow or purple nutsedge infesta- tion. Moderate to severe nematodes. Prohibition on use of 1,3-dichloropropene products be- cause local township limits for this alternative have been reached. Time to transition to an alternative. A need for methyl bromide for research purposes. (b) Florida growers ...... Moderate to severe yellow or purple nutsedge. Moderate to severe nematodes. Moderate to severe disease infestation. Carolina geranium or cut-leaf evening primrose infesta- tion. Karst topography and to a lesser extent a need for methyl bromide for research purposes. (c) Alabama, Arkansas, Georgia, Illinois, Kentucky, Moderate to severe yellow or purple nutsedge. Louisiana, Maryland, New Jersey, North Carolina, Moderate to severe nematodes. Ohio, South Carolina, Tennessee, and Virginia grow- Moderate to severe black root and crown rot. ers. Presence of an occupied structure within 100 feet of a grower’s field the size of 100 acres or less. A need for methyl bromide for research purposes. Tomatoes ...... (a) Michigan growers ...... Moderate to severe disease infestation. Moderate to severe fungal pathogen infestation. A need for methyl bromide for research purposes. (b) Alabama, Arkansas, Florida, Georgia, Kentucky, Moderate to severe yellow or purple nutsedge infesta- Louisiana, North Carolina, South Carolina, Ten- tion. nessee, and Virginia growers. Moderate to severe disease infestation. Moderate to severe nematodes. Presence of an occupied structure within 100 feet of a grower’s field the size of 100 acres or less. Karst topography. A need for methyl bromide for research purposes. Turfgrass ...... (a) U.S. turfgrass sod nursery producers who are mem- Production of industry certified pure sod. bers of Turfgrass Producers International (TPI). Moderate to severe bermudagrass. Moderate to severe nutsedge. Moderate to severe white grub infestation. Control of off-type perennial grass infestation. A need for methyl bromide for research purposes. Post-Harvest Uses: Food Processing ...... (a) Rice millers in all locations in the U.S. who are Moderate to severe infestation of beetles, weevils, or members of the USA Rice Millers Association.. moths. Older structures that can not be properly sealed to use an alternative to methyl bromide. Presence of sensitive electronic equipment subject to corrosivity. Time to transition to an alternative. (b) Pet food manufacturing facilities in the U.S. who are Moderate to severe infestation or beetles, moths, or active members of the Pet Food Institute (For this cockroaches. proposed rule, ‘‘pet food’’ refers to domestic dog and Older structures that can not be properly sealed to use cat food).. an alternative to methyl bromide. Presence of sensitive electronic equipment subject to corrosivity. Time to transition to an alternative. (c) Kraft Foods in the U.S...... Older structures that can not be properly sealed to use an alternative to methyl bromide. Presence of sensitive electronic equipment subject to corrosivity. Time to transition to an alternative. (d) Members of the North American Millers’ Association Moderate to severe beetle infestation. in the U.S.. Older structures that can not be properly sealed to use an alternative to methyl bromide. Presence of sensitive electronic equipment subject to corrosivity. Time to transition to an alternative.

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APPENDIX L TO SUBPART A OF PART 82.—APPROVED CRITICAL USES AND LIMITING CRITICAL CONDITIONS FOR THOSE USES FOR THE 2007 CONTROL PERIOD—Continued

Column A Column B Column C Limiting critical conditions that either exist, or that the Approved critical uses Approved critical user and location of use approved critical user reasonably expects could arise without methyl bromide fumigation

(e) Members of the National Pest Management Asso- Moderate to severe beetle or moth infestation. ciation associated with dry commodity structure fumi- Older structures that can not be properly sealed to use gation (cocoa) and dry commodity fumigation (proc- an alternative to methyl bromide. essed food, herbs and spices, dried milk and cheese Presence of sensitive electronic equipment subject to processing facilities). corrosivity. Time to transition to an alternative. Commodity Storage...... (a) California entities storing walnuts, beans, dried Rapid fumigation is required to meet a critical market plums, figs, raisins, dates (in Riverside county only), window, such as during the holiday season, rapid fu- and pistachios in California. migation is required when a buyer provides short (2 working days or less) notification for a purchase or there is a short period after harvest in which to fumi- gate and there is limited silo availability for using al- ternatives. A need for methyl bromide for research purposes. Dry Cured Pork Prod- (a) Members of the National Country Ham Association Moderate to severe red legged ham beetle infestation. ucts. Moderate to severe cheese/ham skipper infestation. Moderate to severe dermested beetle infestation. Ham mite infestation. (b) Members of the American Association of Meat Proc- Moderate to severe red legged ham beetle infestation. essors. Moderate to severe cheese/ham skipper infestation. Moderate to severe dermested beetle infestation. Ham mite infestation. (c) Nahunta Pork Center (North Carolina) ...... Moderate to severe red legged ham beetle infestation. Moderate to severe cheese/ham skipper infestation. Moderate to severe dermested beetle infestation. Ham mite infestation.

[FR Doc. 06–5969 Filed 7–5–06; 8:45 am] submitted by the public, Office of 20503, via the Internet to Kristy L. BILLING CODE 6560–50–P Management and Budget (OMB), and [email protected], or via fax at other interested parties on or before 202–395–5167. September 5, 2006. For detailed instructions for FEDERAL COMMUNICATIONS ADDRESSES: You may submit comments, submitting comments and additional COMMISSION identified by ET Docket No. 06–94 and information on the rule making process, FCC 06–51 by any of the following see the SUPPLEMENTARY INFORMATION 47 CFR Part 73 methods: section of this document. [ET Docket No. 06–94; FCC 06–51] • Federal eRulemaking Portal: http:// FOR FURTHER INFORMATION CONTACT: www.regulations.gov. Follow the David Sturdivant, Technical Analysis Digital Television Signals Pursuant To instructions for submitting comments. Branch, Electromagnetic Compatibility the Satellite Home Viewer Extension • Federal Communications Division, Office of Engineering and and Reauthorization Act of 2004 Commission’s Web Site: http:// Technology, (202) 418–2470, e-mail: [email protected], TTY (202) AGENCY: Federal Communications www.fcc.gov/cgb/ecfs/. Follow the 418–1227. For additional information Commission. instructions for submitting comments. • concerning the Paperwork Reduction ACTION: Proposed rule. People with Disabilities: Contact the FCC to request reasonable Act information collection requirements SUMMARY: This document proposes accommodations (accessible format contained in this document, contact measurement procedures for documents, sign language interpreters, Judith B. Herman at 202–418–0214, or determining the strength of a digital CART, etc.) by e-mail: [email protected] via the Internet at [email protected]. broadcast television (DTV) signal at any or phone: 202–418–0530 or TTY: 202– SUPPLEMENTARY INFORMATION: Pursuant specific location. These procedures 418–0432. to §§ 1.415 and 1.419 of the would be used as a means of In addition to filing comments with Commission’s rules, 47 CFR 1.415, determining whether households are the Secretary, a copy of any comments 1.419, interested parties may file eligible to receive distant DTV network on the Paperwork Reduction Act comments and reply comments on or signals retransmitted by satellite information collection requirements before the dates indicated on the first carriers. The Commission seeks public contained herein should be submitted to page of this document. Comments may comment on the proposed procedures. Cathy Williams, Federal be filed using: (1) The Commission’s DATES: Comments are due on or before Communications Commission, Room 1– Electronic Comment Filing System August 7, 2006, and reply comments are C804, 445 12th Street, SW., Washington, (ECFS), (2) the Federal Government’s due on or before August 21, 2006. DC 20554, or via the Internet to eRulemaking Portal, or (3) by filing Written comments on the Paperwork [email protected], and to Kristy L. LaLonde, paper copies. See Electronic Filing of Reduction Act proposed information OMB Desk Officer, Room 10234 NEOB, Documents in Rulemaking Proceedings, collection requirements must be 725 17th Street, NW., Washington, DC 63 FR 24121 (1998).

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• Electronic Filers: Comments may be the Consumer & Governmental Affairs consumers would have a uniform filed electronically using the Internet by Bureau at 202–418–0530 (voice), 202– method for making an actual accessing the ECFS: http://www.fcc.gov/ 418–0432 (tty). determination of the signal strength that cgb/ecfs/ or the Federal eRulemaking a household received. The information Initial Paperwork Reduction Act of Portal: http://www.regulations.gov. gathered as part of the Grade B signal 1995 Analysis Filers should follow the instructions strength tests will be used to indicate provided on the Web site for submitting This document contains proposed/ whether consumers are ‘‘unserved’’ by comments. modified information collection over-the-air network signals. The • For ECFS filers, if multiple docket requirements. The Commission, as part written records of test results will be or rulemaking numbers appear in the of its continuing effort to reduce made after testing and predicting the caption of this proceeding, filers must paperwork burdens, invites the general strength of a television station’s signal. transmit one electronic copy of the public and the Office of Management Summary of Notice of Proposed comments for each docket or and Budget (OMB) to comment on the Rulemaking rulemaking number referenced in the information collection requirements caption. In completing the transmittal contained in this document, as required 1. Consistent with the provisions of screen, filers should include their full by the Paperwork Reduction Act of section 204 of Satellite Home Viewer name, U.S. Postal Service mailing 1995, Public Law 104–13. Public and Extension and Reauthorization Act of address, and the applicable docket or agency comments are due September 5, 2004 (SHVERA) (Pub. L. 108–447, 204, rulemaking number. Parties may also 2006. Comments should address: (a) 118 Stat 2809, 3393 3423–24, (2004), submit an electronic comment by Whether the proposed collection of codified at 47 U.S.C. 339(c)(1)) and Internet e-mail. To get filing information is necessary for the proper Commission’s Report to Congress instructions, filers should send an e- performance of the functions of the (SHVERA Report) (‘‘Study of Digital mail to [email protected], and include the Commission, including whether the Television Field Strength Standards and following words in the body of the information shall have practical utility; Testing Procedures’’ (SHVERA Report), message, ‘‘get form.’’ A sample form and (b) the accuracy of the Commission’s ET Docket No. 05–182, 20 FCC Rcd directions will be sent in response. burden estimates; (c) ways to enhance 19504 (2005)), the Commission proposes • Paper Filers: Parties who choose to the quality, utility, and clarity of the to amend the rules to include file by paper must file an original and information collected; and (d) ways to procedures for measuring the field four copies of each filing. If more than minimize the burden of the collection of strength of digital television signals. one docket or rulemaking number information on the respondents, These new measurement procedures are appears in the caption of this including the use of automated needed to account for the differences proceeding, filers must submit two collection techniques or other forms of that are inherent between the NTSC additional copies for each additional information technology. In addition, (analog) and digital television signals. docket or rulemaking number. pursuant to the Small Business While the proposed procedures would Filings can be sent by hand or Paperwork Relief Act of 2002, Public be generally applicable for measuring messenger delivery, by commercial Law 107–198, see 44 U.S.C. 3506(c)(4), digital TV signal strengths, they would overnight courier, or by first-class or we seek specific comment on how we specifically be used in determining if a overnight U.S. Postal Service mail might ‘‘further reduce the information household is served by a digital (although we continue to experience collection burden for small business television signal as part of an evaluation delays in receiving U.S. Postal Service concerns with fewer than 25 of the household’s eligibility to receive mail). All filings must be addressed to employees.’’ a distant digital network signal from a the Commission’s Secretary, Office of OMB Control Number: 3060–0863. satellite television provider. The the Secretary, Federal Communications Title: Satellite Delivery of Network proposals set forth were developed Commission. Signals to Unserved Households for based on our recommendations in the • The Commission’s contractor will Purposes of the Satellite Home Viewer SHVERA Report. receive hand-delivered or messenger- Act. 2. Wherever possible, the proposed delivered paper filings for the Form No.: N.A. procedures rely on existing, proven Commission’s Secretary at 236 Type of Review: Revision of currently methods the Commission has Massachusetts Avenue, NE., Suite 110, approved collection. established for measuring analog Washington, DC 20002. The filing hours Respondents: Business or other for- television signal strength at any at this location are 8:00 a.m. to 7:00 p.m. profit. individual location. The Commission All hand deliveries must be held Estimated Number of Respondents: request comment on these proposals. together with rubber bands or fasteners. 2,215. We also note that SHVERA gives Any envelopes must be disposed of Estimated Time Per Response: 1.0 subscribers the ability to request and before entering the building. hour per written report. pay for signal strength test if their • Commercial overnight mail (other Frequency of Response: satellite carrier does not request the test than U.S. Postal Service Express Mail Recordkeeping requirement; On or refuses to do so. The Commission and Priority Mail) must be sent to 9300 occasion reporting requirement; Third request comment on whether there are East Hampton Drive, Capitol Heights, party disclosure requirement. ways, such as by choice of equipment or MD 20743. Estimated Total Annual Burden: 280 by designation of procedures, to • U.S. Postal Service first-class, hours. minimize the cost of digital signal Express, and Priority mail should be Estimated Total Annual Costs: strength tests while at the same time addressed to 445 12th Street, SW., $42,000 per year. ensuring the accuracy and reliability of Washington DC 20554. Privacy Act Impact Assessment: No the results. We also note that SHVERA People with Disabilities: To request Impact. provides that testing of digital signal materials in accessible formats for Needs and Uses: 47 CFR 73.686 strength for this purpose could begin as people with disabilities (braille, large describes a method for measuring signal early as April 30, 2006. We will allow print, electronic files, audio format), strength at a household so that the subscribers and satellite carriers to rely send an e-mail to [email protected] or call satellite and broadcast industries and on the proposed DTV measurement

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procedures for evaluating DTV signal average power over the signal’s entire 6- respect to weather conditions be applied strengths pending our adoption of final megahertz bandwidth. To provide to the measurement of digital television rules. testing parties with flexibility in making signal field strength. Digital signal 3. Antenna. The current analog TV measurements, we propose to require strength measurements are to be made measurement rules allow the use of that the i.f. bandwidth of the measuring only when inclement weather or major either a standard half-wave dipole or a instrumentation be not greater than 6 weather front movements are not directional (gain) antenna for which the MHz. This will allow testers to choose present in the measurement area. We antenna factor is known. The the measurement instrumentation and seek comment on this proposal. Commission request comment on settings they believe appropriate, whether we should require that provided only that the equipment must 9. Data recording. Our rules require measurements be taken using a be capable of integrating the measured the recording of the measured values of calibrated gain antenna with a front-to- power in the selected i.f. bandwidth the analog field strength value in units back ratio consistent with the DTV across the 6 MHz TV channel. On this of dBu. In addition, a number of planning factors, or follow the approach point, we note that in general the additional factors must be recorded as used with analog TV signals and require average power is measured by taking part of the analog field strength that measurements be taken using either multiple measurements across the TV measurement procedure. These factors a standard half-wave dipole antenna or channel and integrating the results of include a listing of the calibrated a gain antenna with a known antenna those individual measurements. The equipment used in a field strength factor for the channel(s) that are to be Commission request comment on these survey, the locations of each tested. Parties addressing this issue proposals. measurement performed at the site, should provide information to support 5. In addition, the Commission, factors that may affect a measurement their position, including technical propose to apply to the testing of digital reading (such as weather, topography or merits, effect on the accuracy of TV signals the requirements in the other obstacles), the time and date of measurements, and the practical analog TV testing rules that the measurements, and the signature of the implications for testing parties, instrumentation be set up with a person making the measurement. The including ease of use and cost. Parties shielded transmission line between the Commission propose to apply these performing measurements in accordance testing antenna and the field strength same recording requirements for the with the proposals set forth in the meter, that the antenna impedance be reporting of measurements of DTV interim period pending the matched to the transmission line at all signal strength. More specifically, we Commission’s adoption of final DTV frequencies measured, and that the propose to require that a written record signal strength measurement procedures tester account for transmission line loss of the digital signal measurement are advised that they may use a for each frequency being measured. calibrated gain antenna with a front-to- Further, whenever an unbalanced line is process and results be made and that back ratio consistent with the used, we propose to require that a this record include at least the Commission’s DTV planning suitable balun be employed. We seek following: (1) A list of calibrated assumptions, a standard half-wave comment on these proposals. equipment used; (2) detailed description dipole, or a directional (gain) antenna 6. The Commission further proposes, of the calibration of the measuring for which the antenna factor is known. consistent with the analog testing rules, equipment, including field strength 4. Measurement procedures. The to require that digital television meters, measuring antenna, and current measurement procedures for measurements be made with a connecting cable; (3) all factors which analog television signals require that at horizontally polarized antenna. We also may affect the recorded field, such as least five measurements be made in a would require that the testing antenna topography, height and types of cluster of positions as close as possible be oriented so that its maximum gain vegetation, buildings, obstacles, to the location of the antenna site being (over an isotropic antenna) faces the weather, and other local features for tested. These measurements are taken strongest signal coming from the each spot at the measuring site; (4) a for the signal strength of the visual transmitter under test. If more than one description of where each of the cluster carrier of the analog signal, and the station’s signal is being measured, the measurements was made; (5) the time median signal strength is reported as testing antenna would be required to be and date of the measurements and the representative of the actual field oriented separately for each station. signature of the person making the strength of the signal. In addition, the This procedure is consistent with the measurements; and (6) a list of the current rules require that the Commission’s current analog signal measured value of field strength (in intermediate frequency (‘‘i.f.’’) of the measurement rules as well as with good units of dBu after adjustment for line measurement equipment be at least 200 engineering practice. loss and antenna factor) of the five kilohertz and no greater than 1 7. Finally, the Commission proposes readings made during the cluster megahertz. The Commission propose to to apply the antenna height measurement process, with the median include in the digital signal requirement, set forth in the existing value highlighted for each channel measurement procedures the analog rules, as a required procedure for being measured. The Commission seek requirements that at least five measuring digital signals. The rules comment on this proposal. measurements be made in a cluster as currently require that, for field strength close as possible to the location being measurements at one-story buildings, 10. Tester Availability. The tested and that the median be reported the testing antenna be elevated to 6.1 Commission request comment on and used to determine eligibility for meters (20 feet) above the ground. For whether we can fashion rules that will distant network signals. To account for field strength measurements at address the lack of qualified, the facts that the digital TV signal does buildings taller than one story, the rules independent testers to perform signal not have a visual carrier and that the require that the testing antenna be strength tests. Are there steps that the digital signal tends to be flat across the elevated to 9.1 meters (30 feet) above the Commission can take in this proceeding entire bandwidth, we propose to require ground. that will facilitate or enhance tester digital signal measurements to be 8. Weather. We propose that the competence and availability? We seek conducted by measuring the integrated current analog measurement rules with comment on this question.

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Initial Regulatory Flexibility Act Inquiry 6 (SHVERA Inquiry) and on Therefore, the NPRM states that the Analysis December 9, 2005, released the SHVERA Commission will rely on the proposed Report to Congress. In relevant part, the DTV measurement procedures for 11. As required by the Regulatory SHVERA Report to Congress stated that evaluating DTV signal strengths pending Flexibility Act of 1980, as amended the Commission intended to conduct a the adoption of rules in this regard. 1 (‘‘RFA’’), the Commission has prepared rulemaking proceeding to specify B. Legal Basis. The legal basis for the this Initial Regulatory Flexibility Act procedures for measuring the field rule changes proposed in the NPRM is Analysis (‘‘IRFA’’) of the possible strength of digital television signals at contained in sections 1, 4(i) and (j), and significant economic impact on small individual locations.7 The report also 339 of the Communications Act of 1934, entities by the policies and rules stated that the digital television as amended, 47 U.S.C. 151, 154(i) and proposed in this Notice of Proposed measurement procedures should be (j), and 339 (including amendments Rulemaking (‘‘NPRM’’). Written public similar to the current procedures for enacted in the Satellite Home Viewer comments are requested on this IRFA. measuring the field strength of analog Extension and Reauthorization Act of Comments must be identified as television stations in 73.686(d) of the 2004). response to the IRFA and must be filed rules, but with certain modifications to C. Description and Estimates of the by the deadlines for comments on the address the differences between analog Number of Small Entities to Which the NPRM, provided in paragraph 20 of the and digital TV signals.8 Rules Adopted in This Notice May item. The Commission will send a copy (2) Wherever possible, the proposed Apply. The RFA directs agencies to of the NPRM, including this IRFA, to the digital signal strength measurement provide a description of and, where Chief Counsel for Advocacy of the Small procedures rely on the existing, proven feasible, an estimate of the number of 2 Business Administration. In addition, methods the Commission has small entities that will be affected by the the NPRM (or summaries thereof), established for measuring analog proposed rules.11 The RFA generally including the IRFA, will be published in television signal strength at any defines the term ‘‘small entity’’ as 3 the Federal Register. individual location.9 In the NPRM, the having the same meaning as the terms A. Need for and Objectives of the Commission requests comment on these ‘‘small business,’’ ‘‘small organization,’’ Proposed Rules. The Commission seek proposals. We also note that the and ‘‘small governmental comment on whether the Commission SHVERA statute provides that testing of jurisdiction.’’ 12 In addition, the term should amend its rules as proposed to digital signal strength for this purpose ‘‘small business’’ has the same meaning include measurement procedures for could begin as early as April 30, 2006.10 as the term ‘‘small business concern’’ determining the strength of a digital under the Small Business Act.13 A small broadcast television (DTV) signal at any 6 See In the Matter Of Technical Standards For business concern is one which: (1) is specific location. These procedures Determining Eligibility For Satellite-Delivered independently owned and operated; (2) Network Signals Pursuant To The Satellite Home would be used as a means of Viewer Extension and Reauthorization Act, ET is not dominant in its field of operation; determining whether households are Docket No. 05–182, Notice of Inquiry (Inquiry), 20 and (3) satisfies any additional criteria eligible to receive distant DTV network FCC Rcd. 9349 (2005). established by the Small Business signals retransmitted by satellite 7 See SHVERA Report, supra note 4. Administration (SBA).14 communications providers. This Notice 8 Id. (1) The proposed rules contained in 9 of Proposed Rulemaking begins the See generally, 47 CFR 73.686(d). the NPRM set forth procedures to 10 47 U.S.C. 339(a)(2)(D)(vii) provides trigger measure the strength of digital process of implementing our dates for testing. Generally, subscribers in the top recommendations for DTV measurement 100 television markets will be able to request a television signals at any particular procedures presented in the digital signal strength test after April 30, 2006 and location, as a means of determining Commission’s Report to Congress subscribers in other markets will be able to request whether any particular household is a test after July 15, 2007. Only network stations that ‘‘unserved’’ by a local DTV network (SHVERA Report) pursuant to section have received a tentative digital channel 204(b) of the Satellite Home Viewer designation that is the same as such stations’ station and is therefore eligible to Extension and Reauthorization Act of current digital channel, or that have lost receive a distant DTV network signal 2004 (SHVERA).4 interference protection, are subject to the April 30, retransmitted by a Direct Broadcast 2006 commencement date for signal strength Satellite (DBS) service provider. (1) The current rule includes testing. Network stations in the top 100 markets Therefore, DBS providers will be measurement procedures for without tentative channel designations on their DTV channels, as well as all network stations not directly and primarily affected by the determining the strength of an analog in the top 100 markets, will be subject to signal proposed rules, if adopted. In addition, broadcast television signal at any strength testing beginning July 15, 2007, unless the specific location and is used to Commission grants the station a waiver. 47 U.S.C. 339(a)(2)(D)(vii)(AA). circumstances may such a waiver be based upon determine household eligibility to financial exigency.’’ Waiver requests by stations Waiver requests by stations subject to the testing receive distant analog TV network subject to the testing commencement date of July commencement date of April 30, 2006 were 15, 2007 must be submitted to the Commission no signals retransmitted by satellite required to be submitted by November 30 2005. To later than February 15, 2007. See Public Notice DA communications providers. In December be grantable, waiver requests must provide ‘‘clear No. 05–2979 (released Nov. 17, 2005). See and convincing evidence that the station’s digital 2004, however, Congress enacted the generally, 47 U.S.C. 339(a)(2)(D)(vii)–(viii). signal coverage is limited due to the unremediable Satellite Home Viewer Extension and 11 5 U.S.C. 603(b) (3), 604(a) (3). 5 presence of one or more of the following: 1) the Reauthorization Act of 2004, pursuant need for international coordination or approvals; 2) 12 Id., 601(6). to which, the Commission conducted an clear zoning or environmental legal impediments; 13 5 U.S.C. 601(3) (incorporating by reference the 3) force majeure; 4) the station experiences a definition of ‘‘small business concern’’ in the Small substantial decrease in its digital signal coverage Business Act, 15 U.S.C. 632). Pursuant to 5 U.S.C. 1 See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601— area due to the necessity of using a side-mounted 601(3), the statutory definition of a small business 612, has been amended by the Small Business antenna; 5) substantial technical problems that applies ‘‘unless an agency, after consultation with Regulatory Enforcement Fairness Act of 1966 result in a station experiencing a substantial the Office of Advocacy of the Small Business (SBREFA), Public Law 104–121, 110 Stat. 847 decrease in its coverage area solely due to actions Administration and after opportunity for public (1996). to avoid interference with emergency response comment, establishes one or more definitions of 2 5 U.S.C. 603(a). providers; or 6) no satellite carrier is providing the such terms which are appropriate to the activities 3 Id. retransmission of the analog signals of local of the agency and publishes such definitions(s) in 4 See SHVERA, supra n.1. network stations under section 338 in the local the Federal Register.’’ 5 See id. market.’’ The Act further provides that ‘‘under no 14 15 U.S.C. 632.

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the proposed rules, if adopted, will also categorized as a small business, if which the proposed rules may apply do directly affect those local digital independently owned and operated. not exclude any television station from television stations that broadcast (3) Television Broadcast Stations. The the definition of a small business on this network programming. Therefore, in proposed rules and policies apply to basis and are therefore over-inclusive to this IRFA, we consider, and invite digital television broadcast licensees, that extent. Also as noted, an additional comment on, the impact of the proposed and potential licensees of digital element of the definition of ‘‘small rules on small digital television television service. The SBA defines a business’’ is that the entity must be broadcast stations, small DBS providers, television broadcast station as a small independently owned and operated. We and other small entities. A description business if such station has no more note that it is difficult at times to assess of such small entities, as well as an than $13 million in annual receipts.20 these criteria in the context of media estimate of the number of such small Business concerns included in this entities and our estimates of small entities, is provided below. industry are those ‘‘primarily engaged in businesses to which they apply may (2) Direct Broadcast Satellite (‘‘DBS’’) broadcasting images together with also be over-inclusive to this extent. Service. DBS service is a nationally sound.’’ 21 According to Commission Finally, because only those digital distributed subscription service that staff review of the BIA Publications, Inc. television stations that are affiliated delivers video and audio programming Master Access Television Analyzer with a network would be subject to the via satellite to a small parabolic ‘‘dish’’ Database (BIA) on October 18, 2005, proposed rules, our estimate of antenna at the subscriber’s location. about 873 of the 1,307 commercial potentially affected small businesses is Because DBS provides subscription 22 television stations (or approximately over-inclusive for this reason as well. services, DBS falls within the SBA- 67 percent) have revenues of $13 recognized definition of Cable and million or less and thus qualify as small (5) Class A TV, LPTV, and TV Other Program Distribution.15 This entities under the SBA definition. We translator stations. The proposed rules definition provides that a small entity is note, however, that, in assessing and policies could also apply to one with $13.5 million or less in annual whether a business concern qualifies as licensees of Class A TV stations, low receipts.16 Currently, only three small under the above definition, the power television (LPTV) stations, and operators hold licenses to provide DBS controlling affiliation(s) 23 must be TV translator stations, as well as to service, which requires a great considered. Our estimate, therefore, potential licensees in these television investment of capital for operation. All likely overstates the number of small services. The same SBA definition that three currently offer subscription entities that might be affected by our applies to television broadcast licensees services. Two of these three DBS action, because the revenue figure on would apply to these stations. The SBA operators, DirecTV 17 and EchoStar which it is based does not include or defines a television broadcast station as Communications Corporation aggregate revenues from affiliated a small business if such station has no (‘‘EchoStar’’),18 report annual revenues companies. more than $13 million in annual that are in excess of the threshold for a (4) In addition, an element of the receipts.24 small business. The third DBS operator, definition of ‘‘small business’’ is that the (6) Currently, there are approximately Dominion Video Satellite, Inc. entity not be dominant in its field of 592 licensed Class A stations, 2,145 (‘‘Dominion’’), offers religious operation. We are unable at this time to licensed LPTV stations, 4,491 licensed (Christian) programming and does not define or quantify the criteria that TV translators and 11 TV booster report its annual receipts.19 The would establish whether a specific stations.25 Given the nature of these Commission does not know of any television station is dominant in its field services, we will presume that all of source which provides this information of operation. Accordingly, the estimate these licensees qualify as small entities and, thus, we have no way of of the number of small businesses to under the SBA definition. We note, confirming whether Dominion qualifies however, that under the SBA’s as a small business. Because DBS 20 See 13 CFR 121.201, NAICS Code 515120. definition, revenue of affiliates that are service requires significant capital, we 21 Id. This category description continues, ‘‘These believe it is unlikely that a small entity establishments operate television broadcasting not LPTV stations should be aggregated as defined by the SBA would have the studios and facilities for the programming and with the LPTV station revenues in transmission of programs to the public. These determining whether a concern is small. financial wherewithal to become a DBS establishments also produce or transmit visual licensee. Nevertheless, given the programming to affiliated broadcast television Our estimate may thus overstate the absence of specific data on this point, stations, which in turn broadcast the programs to number of small entities since the we acknowledge the possibility that the public on a predetermined schedule. revenue figure on which it is based does Programming may originate in their own studios, not include or aggregate revenues from there are entrants in this field that may from an affiliated network, or from external not yet have generated $13.5 million in sources.’’ Separate census categories pertain to non-LPTV affiliated companies. We do annual receipts, and therefore may be businesses primarily engaged in producing not have data on revenues of TV programming. See Motion Picture and Video translator or TV booster stations, but Production, NAICS code 512110; Motion Picture 15 virtually all of these entities are also 13 CFR 121.201, NAICS code 517510. and Video Distribution, NAICS Code 512120; 16 Id. Teleproduction and Other Post-Production likely to have revenues of less than $13 17 DirecTV is the largest DBS operator and the Services, NAICS Code 512191; and Other Motion million and thus may be categorized as second largest MVPD, serving an estimated 13.04 Picture and Video Industries, NAICS Code 512199. small, except to the extent that revenues million subscribers nationwide; See Annual 22 Although we are using BIA’s estimate for of affiliated non-translator or booster Assessment of the Status of Competition in the purposes of this revenue comparison, the Market for the Delivery of Video Programming, Commission has estimated the number of licensed entities should be considered. Finally, Twelfth Annual Report, FCC 05–255, ¶ 73 (rel. commercial television stations to be 1,368. See our estimate overstates the number of March 3, 2006) (‘‘2006 Cable Competition Report’’). News Release, ‘‘Broadcast Station Totals as of June affected entities because these stations 18 EchoStar, which provides service under the 30, 2005’’ (dated Aug. 29, 2005); see http:// could be affected only if they both brand name Dish Network, is the third largest www.fcc.gov/mb/audio/totals/bt050630.html. MVPD, serving an estimated 11.45 million 23 ‘‘[Business concerns] are affiliates of each other subscribers nationwide. Id. when one [concern] controls or has the power to 24 See 13 CFR 121.201, NAICS Code 515120. 19 Dominion, which provides service under the control the other or a third party or parties controls 25 News Release, ‘‘Broadcast Station Totals as of brand name Sky Angel, serves fewer than one or has the power to control both.’’ 13 CFR December 31, 2005’’ (dated Feb. 23, 2006); see million subscribers. Id. 121.103(a)(1). http://www.fcc.gov/mb/audio/totals/bt051231.html

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broadcast a digital signal and are (1) As TV stations transition from retaining or improving on the accuracy affiliated with a network. analog transmissions to DTV, we of the proposed method. D. Description of Projected Reporting, anticipate that the combined number of F. Federal Rules that Might Duplicate, Recordkeeping and Other Compliance analog and digital measurements will Overlap, or Conflict with the Proposed Requirements. The rules proposed in not increase substantially. This is so Rules. None. this NPRM would establish procedures because, as part of the DTV transition, List of Subjects in 47 CFR Part 73 for measuring digital television signal television stations will be ceasing the strength at any specific location. These transmission of analog signals and Communications equipment, measurement procedures would be used households seeking to receive Television. as a means of determining whether retransmitted DTV network signals will Federal Communications Commission. households are eligible to receive not be seeking to receive analog signals. Marlene H. Dortch, distant DTV network signals In other words, digital measurements Secretary. retransmitted by DBS providers. These will replace analog measurements. Also, procedures are similar to the ones used as direct broadcast stations increasingly Rule Changes for measuring analog television signal offer local-to-local service to households For the reasons discussed in the strength for like purposes, with only pursuant to SHVERA, those households preamble, the Federal Communications those revisions necessary to account for will not be eligible to receive Commission proposes to amend 47 CFR the difference between digital and retransmitted distant signals and part 73, as follows: analog signals. Section 339(a)(2)(D)(vi) therefore DTV signal strength of the Communications Act (47 U.S.C. measurements for this purpose will not PART 73—RADIO BROADCAST 339(a)(2)(D)(vi)) delineates when be necessary. SERVICES measurements are necessary and when (2) In addition, the NPRM requests 1. The authority citation for part 73 the satellite communications provider, comment on what measures the continues to read as follows: the digital television broadcast station, Commission can take, consistent with or the consumer is responsible for the SHVERA statute, that would reduce Authority: 47 U.S.C. 154, 303, 334 and 336. bearing their cost. No reporting the cost to subscribers of digital signal 2. Section 73.686 is amended by requirement is proposed. In this IFRA, testing without reducing the accuracy we seek comment on the types of revising the heading to paragraph (d) and reliability of the tests. We also note and revising paragraph (d)(1)(i) and by burdens direct broadcast satellite that SHVERA provides that testing of service providers and digital television adding a new paragraph (e) to read as digital signal strength for this purpose broadcast stations will face in follows: could begin as early as April 30, 2006. complying with the proposed We will rely on the proposed DTV § 73.686 Field strength measurements. requirements. Entities, especially small measurement procedures as interim * * * * * businesses and, more generally, small rules for evaluating DTV signal (d) NTSC—Collection of field strength entities are encouraged to quantify the strengths pending our adoption of final data to determine NTSC television costs and benefits of the proposed rules. signal intensity at an individual reporting requirements. location—cluster measurements— E. Steps Taken to Minimize (3) Finally, the NPRM proposes, as is Significant Economic Impact on Small now the case with analog signal strength (1)* * *(i) Testing antenna. The test Entities, and Significant Alternatives measurements, to allow measurements antenna shall be either a standard half- Considered. Since the adoption of to be taken using either a standard half- wave dipole tuned to the visual carrier analog television signal strength wave dipole antenna or a gain antenna frequency of the channel being procedures in 1999, the number of with a known antenna factor for the measured or a gain antenna, provided analog TV signal strength measurements channel(s) that are to be tested. For its antenna factor for the channel(s) taken in order to determine household digital measurements, this approach under test has been determined. Use the eligibility to receive distant analog TV would allow the tester flexibility in antenna factor supplied by the antenna network signals have been infrequent. performing the test while still providing manufacturer as determined on an For example, DIRECTV, in comments for accurate results. The NPRM requests antenna range. filed in ET Docket No. 05–182, Notice of comment on this proposal and, * * * * * Inquiry on Technical Standards for alternatively, on whether we should (e) DTV—Collection of field strength Determining Eligibility for Satellite- require the use of a gain antenna only. data to determine DTV television signal Delivered Network Signals Pursuant to Commenters are also asked to provide intensity at an individual location— the Satellite Home Viewer Extension information regarding differences in cluster measurements—(1) Preparation and Reauthorization Act, 20 FCC Rcd ease of use of gain antennas as for measurements— (i) Testing antenna. 9349 (2005), stated that in the last five compared to the use of half-wave dipole The test antenna shall be either a years only 1400 DIRECTV subscribers antennas. Finally, to assure that we standard half-wave dipole tuned to the received onsite tests to determine explore this issue in depth and develop center frequency of the channel being eligibility to receive distant network a complete record on this issue, the tested or a gain antenna provided its television signals. In that proceeding, NPRM seeks comment on what rules we antenna factor for the channel(s) under both DIRECTV and EchoStar indicated should propose, if any, that would test has been determined. Use the that they generally declined to perform address the apparent lack of qualified, antenna factor supplied by the antenna or arrange for a test and instead refused independent testers to perform signal manufacturer as determined on an to offer distant signals when subscribers strength tests. Commenters are asked to antenna range. were predicted to be ‘‘served’’ and the submit information related to the cost of (ii) Testing locations—At the test site, relevant network stations refused to testing and the number of qualified choose a minimum of five locations as grant a waiver. DIRECTV cited high testers available. The NPRM states that close as possible to the specific site costs both monetary and in time we seek to determine if there are where the site’s receiving antenna is involved as reasons that tests have not alternative methods that would reduce located. If there is no receiving antenna been performed. the cost of performing a test while at the site, choose a minimum of five

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locations as close as possible to a each instrument, specifies the proposed rule responds to a request reasonable and likely spot for the manufacturer, type, serial number and from the fishing industry to add this antenna. The locations shall be at least rated accuracy, and the date of the most area to the list of exempted fisheries. three meters apart, enough so that the recent calibration by the manufacturer The intent of this action is to allow testing is practical. If possible, the first or by a laboratory. Include complete small scallop dredge vessels to harvest testing point should be chosen as the details of any instrument not of scallops in a manner that is consistent center point of a square whose corners standard manufacture. with the bycatch reduction objectives of are the four other locations. Calculate (ii) A detailed description of the the FMP. the median of the five measurements (in calibration of the measuring equipment, DATES: Comments must be received no units of dBu) and report it as the including field strength meters, later than 5 p.m., eastern daylight time, measurement. measuring antenna, and connecting on July 21, 2006. (iii) Multiple signals—If more than cable. ADDRESSES: Comments may be one signal is being measured (i.e., (iii) For each spot at the measuring submitted by any of the following signals from different transmitters), use site, all factors which may affect the methods: the same locations to measure each recorded field, such as topography, • E-mail: [email protected]. Include signal. height and types of vegetation, (2) Measurement procedure. in the subject line the following: buildings, obstacles, weather, and other ‘‘Comments on General Category Measurements shall be made in local features. accordance with good engineering Scallop Dredge Exemption.’’ (iv) A description of where the cluster • Federal e-Rulemaking Portal: http:/ practice and in accordance with this measurements were made. www.regulations.gov. section of the rules. At each measuring (v) Time and date of the • Mail: Paper, disk, or CD-ROM location, the following procedure shall measurements and signature of the comments should be sent to Patricia A. be employed: person making the measurements. Kurkul, Regional Administrator, (i) Testing equipment. Perform an on- (vi) For each channel being measured, site calibration of the test instrument in National Marine Fisheries Service, One a list of the measured value of field Blackburn Drive, Gloucester, MA 01930. accordance with the manufacturer’s strength (in units of dBu after specifications. Tune a calibrated Mark the outside of the envelope, adjustment for line loss and antenna ‘‘Comments on General Category instrument to the center of the channel factor) of the five readings made during being tested. Measure the integrated Scallop Dredge Exemption.’’ the cluster measurement process, with • Fax: (978) 281–9135. average power over the full 6 megahertz the median value highlighted. Copies of supporting documents, bandwidth of the television signal. The including the Regulatory Impact Review intermediate frequency (‘‘i.f.’’) of the [FR Doc. E6–10483 Filed 7–5–06; 8:45 am] (RIR), the Initial Regulatory Flexibility instrument must be less than or equal to BILLING CODE 6712–06–P Analysis (IRFA), and the Environmental 6 megahertz and the instrument must be Assessment (EA) prepared for this capable of integrating over the selected action are available from Patricia A. i.f. Take all measurements with a DEPARTMENT OF COMMERCE Kurkul, Regional Administrator, NMFS, horizontally polarized antenna. Use a National Oceanic and Atmospheric at the above address. A summary of the shielded transmission line between the Administration IRFA is provided in the Classification testing antenna and the field strength section of this proposed rule. meter. Match the antenna impedance to 50 CFR Part 648 the transmission line at all frequencies FOR FURTHER INFORMATION CONTACT: measured, and, if using an un-balanced [Docket No. 060621176–6176–01; I.D. Tobey H. Curtis, Fishery Management line, employ a suitable balun. Take 052306A] Specialist, 978–281–9273, fax 978–281– 9135. account of the transmission line loss for RIN 0648–AU50 each frequency being measured. SUPPLEMENTARY INFORMATION: (ii) Weather. Do not take Fisheries of the Northeastern United Background measurements in inclement weather or States; Northeast Multispecies Current regulations, implemented when major weather fronts are moving Fishery; Great South Channel Scallop under Framework Adjustment 9 and through the measurement area. Dredge Exemption Area (iii) Antenna elevation. When field expanded under Amendment 7 to the strength is being measured for a one- AGENCY: National Marine Fisheries FMP, contain a multispecies fishing story building, elevate the testing Service (NMFS), National Oceanic and mortality and bycatch reduction antenna to 6.1 meters (20 feet) above the Atmospheric Administration (NOAA), measure that is applied to the Gulf of ground. In situations where the field Commerce. Maine (GOM), Georges Bank (GB), and strength is being measured for a ACTION: Proposed rule, request for Southern New England (SNE) building taller than one-story, elevate comments. Exemption Areas. A vessel may not fish the testing antenna 9.1 meters (30 feet) in these areas unless it is fishing under above the ground. SUMMARY: NMFS proposes to modify the a NE multispecies or a scallop day-at- (iv) Antenna orientation. Orient the regulations implementing the Northeast sea (DAS) allocation, is fishing with testing antenna in the direction which (NE) Multispecies Fishery Management exempted gear, is fishing under the maximizes the value of field strength for Plan (FMP) to allow vessels issued Small Vessel Handgear (A or B) or the signal being measured. If more than either a General Category Atlantic sea Party/Charter permit restrictions, or is one station’s signal is being measured, scallop permit or a limited access sea fishing in an exempted fishery. The orient the testing antenna separately for scallop permit, when not fishing under procedure for adding, modifying, or each station. a scallop days-at-sea (DAS) limitation, deleting fisheries from the list of (3) Written record shall be made and to fish for scallops with small dredges exempted fisheries is found in 50 CFR shall include at least the following: (combined width not to exceed 10.5 ft part 648.80. A fishery may be exempted (i) A list of calibrated equipment used (3.2 m)) within the Great South Channel by the Regional Administrator (RA), in the field strength survey, which for Scallop Dredge Exemption Area. This after consultation with the New England

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Fishery Management Council (Council), the total catch. From the 37 observed Therefore, this rule proposes to if the RA determines, based on available limited access scallop dredge trips into implement an exempted fishery for data or information, that the bycatch of those same areas, the mean percent vessels fishing with General Category regulated species is, or can be reduced bycatch was estimated to be 0.9 percent scallop permits, or limited access to, less than 5 percent by weight of the of the total catch. Even though the scallop permits not fishing under a DAS total catch and that such exemption will analyses were conducted at the allocation, to use small dredges with a not jeopardize the fishing mortality statistical area scale, when spatially combined width not greater than 10.5 ft objectives of the FMP. plotted, the vast majority of the (3.2 m) in portions of the Great South On October 25, 2005, a request was observed trips occurred within a Channel (see area definition below). submitted on behalf of the General discrete portion of the statistical areas, This area would be referred to as the Category scallop fleet to establish an primarily in the Great South Channel. Great South Channel Scallop Dredge additional exempted scallop dredge Based on this information, the proposed Exemption Area (GSC Area). Portions of fishery in the GOM/GB Exemption Area, exemption area is constrained to the the GSC Area would be seasonally particularly in Statistical Areas 521 and area from which the most data were closed to protect SNE, GB, and Cape 526, in the vicinity of traditional available. Cod (CC)/GOM yellowtail flounder scalloping grounds within the area The primary groundfish species of during their peak spawning periods. known as the Great South Channel, off concern with this proposed action is Peak spawning periods are defined in Cape Cod, MA. Neither the GOM yellowtail flounder, which is currently the EA prepared for Framework Action Scallop Dredge Exemption Area, overfished and not yet meeting its 40–B to the FMP. The portion of the established in Framework 21 to the FMP required rebuilding schedule as GSC Area that lies within statistical (February 1997), nor the SNE Scallop mandated by Amendment 13 to the areas 525 and 526 (SNE and GB Dredge Exemption Area, established in FMP. Fishing Year (FY) 2006 total yellowtail flounder stock areas) would Amendment 13 to the FMP (April 2004), allowable catch (TAC) is, therefore, very be closed from April 1 through June 30. include these statistical areas within low for SNE and Cape Cod (CC)/GOM The portion of the GSC that lies within their exemption programs. Therefore, a stocks, and any additional sources of statistical area 521 (CC/GOM yellowtail new exempted fishery is needed to mortality must be carefully considered. flounder stock area) would be closed allow General Category scallop vessels Although overall regulated species from June 1 through June 30. to fish in statistical areas 521 and 526, bycatch rates were very low, yellowtail Vessels fishing in this exemption that provided the fishery does not jeopardize and winter flounders were the primary wish to land more than 40 lb (18.1 kg) the fishing mortality objectives of the bycatch species on the observed trips in of shucked (5 bu (1.76 hL) unshucked) FMP. During its November 2005 the Great South Channel area. Based on scallops would be required to have a meeting, the Council voted to concur the observed bycatch rates of yellowtail Category 1B General Category scallop with the RA’s determination regarding flounder in scallop dredges in this area, permit, an operational Vessel the exemption request, and to approve and projections of the annual number of Monitoring System (VMS), and would it if it was found to be consistent with General Category scallop dredge trips to be allowed to land a maximum of 400 the regulations and FMP objectives. this area, however, the total catch of lb (181.4 kg) of shucked (50 bu (17.62 The data analyzed for this industry yellowtail flounder in this exemption hL) unshucked) scallops per trip. request consisted of observer data from program would likely represent less Vessels with a limited access scallop both General Category and limited than 0.5 percent of the FY 2006 TACs permit would also be allowed to access scallop dredge trips in the GOM/ for SNE and CC/GOM stocks. participate in the exemption when not GB Exemption Area from 2000 to 2005. Additionally, the opening of the Great fishing under a scallop DAS, and would A total of 31 General Category trips and South Channel to General Category be restricted to the Category 1B General 91 limited access trips were observed scallop vessels may redistribute the Category scallop permit regulations. during that period. Because observer effort in this fishery away from other These vessels would not be allowed to data were sparse outside of statistical areas that have higher bycatch rates of fish for, possess on board, or land any areas 521 and 526, the analyses focused yellowtail flounder. The proposed fish species other than scallops. Other on these two areas. Bycatch rates were exemption is therefore expected to meet than the seasonal closures between calculated on a trip-by-trip basis by both the bycatch and the fishing April and June, these regulations are adding up the total weights (lb) of mortality requirements of the consistent with those of the existing multispecies, scallops (in-shell weight), regulations. scallop dredge exemption areas defined and all other catch on each observed at § 648.80(a)(11) and (b)(11). trip, and then calculating the percentage Proposed Measures Regulations governing the scallop of the total catch represented by Great South Channel Scallop Dredge fishery can be found at 50 CFR 648, regulated multispecies. The percent subpart D. bycatch of regulated multispecies in Exemption Area statistical areas 521 and 526 ranged Based on the analysis of available Classification from 0 to 0.4 percent in General data, the bycatch of regulated species by NMFS has determined that this Category trips (N=5), and 0 to 3.7 scallop dredge vessels is less than 5 proposed rule is consistent with the percent in limited access trips (N=37). percent, by weight, of the total catch in FMP and preliminarily determined that No observed scallop dredge trips in the Great South Channel. Therefore, the the rule is consistent with the statistical areas 521 or 526 exceeded 5 RA has determined that an exempted Magnuson-Stevens Fishery percent. The mean percent bycatch of scallop dredge fishery in a specifically Conservation and Management Act and regulated species by weight of the total defined portion of the Great South other applicable laws. catch across all areas in the General Channel meets the exemption This proposed rule has been Category and limited access fisheries requirements specified in § 648.80(a)(8). determined to be not significant for was less than 5 percent. From a total of At this time, there are not sufficient data purposes of Executive Order 12866. five observed General Category trips to determine if a scallop dredge fishery Pursuant to 5 U.S.C. 603, an IRFA has into statistical areas 521 and 526, the in any other area would also meet the been prepared, which describes the mean percent bycatch was 0.1 percent of exemption requirements. economic impacts that this proposed

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rule, if adopted, would have on small Economic Impacts of This Proposed PART 648—FISHERIES OF THE entities. A description of the reasons Action NORTHEASTERN UNITED STATES why this action is being considered, as The economic impacts of the well as the objectives of and legal basis 1. The authority citation for part 648 proposed action are expected to be continues to read as follows: for this proposed rule is found in the positive. This action would open a preamble to this proposed rule. There valuable scallop fishing ground to the Authority: 16 U.S.C. 1801 et seq. are no Federal rules that duplicate, General Category scallop fleet, and 2. In § 648.14, paragraph (a)(43) is overlap, or conflict with the proposed would allow the fleet to utilize these revised to read as follows: rule. This action proposes to create a resources in a manner consistent with § 648.14 Prohibitions. new scallop dredge exemption area for the bycatch and mortality objectives of * * * * * General Category scallop vessels in the the FMP. The demand for scallops has GOM/GB Exemption Area. This action (a) * * * increased significantly in recent years, (43) Violate any of the provisions of was compared to three different and revenues for General Category alternatives for the boundaries of the § 648.80, including paragraphs (a)(5), vessels are also expected to increase if the small-mesh northern shrimp fishery exemption area. Alternatives to the the exemption area is approved. There proposed exemption area included exemption area; (a)(6), the Cultivator is evidence that some General Category Shoal whiting fishery exemption area; exempting all of statistical areas 521 and vessels have been fishing in this area for 526, exempting the entirety of the GOM/ (a)(9), Small-mesh Area 1/Small-mesh years, despite the fact that it is outside Area 2; (a)(10), the Nantucket Shoals GB Exemption Area, and a No Action of the existing Scallop Dredge alternative, which would continue to dogfish fishery exemption area; (a)(11), Exemption Areas. Their profits from the GOM Scallop Dredge Exemption prohibit General Category scallop scallop fishing have declined since dredge vessels from fishing outside of Area; (a)(12), the Nantucket Shoals access to this area was prohibited and mussel and sea urchin dredge the existing scallop dredge exemption enforced. The ports in Cape Cod and areas. exemption area; (a)(13), the GOM/GB southern Massachusetts will be the most monkfish gillnet exemption area; (a)(14), Description and Estimate of the Number impacted, due to their proximity to the the GOM/GB dogfish gillnet exemption of Small Entities to Which This proposed exemption area. area; (a)(15), the Raised Footrope Trawl Proposed Rule Would Apply Economic Impacts of Alternatives to the Exempted Whiting Fishery; (a)(18), the Proposed Action Great South Channel Scallop Dredge The Small Business Administration Exemption Area; (b)(3), exemptions (SBA) defines a small commercial Three alternatives other than the preferred alternative were considered. (small mesh); (b)(5); the SNE monkfish fishing entity as a firm with gross and skate trawl exemption area; (b)(6), receipts not exceeding $4 million. As of The alternative that proposed to exempt the entirety of statistical areas 521 and the SNE monkfish and skate gillnet March 2006, a total of 2,814 vessels had exemption area; (b)(8), the SNE mussel been issued open access General 526 throughout the year to General Category scallop vessels, and the and sea urchin dredge exemption area; Category scallop permits in the NE (b)(9), the SNE little tunny gillnet region. Approximately 30 percent of alternative that proposed to exempt the much larger area of the GOM/GB exemption area; and (b)(11), the SNE these were issued the Category 1B Scallop Dredge Exemption Area. Each permit, which allows up to 400 lb (181.4 Exemption Area year-round would also have positive economic impacts; violation of any provision in § 648.80 kg) of scallop meats per trip, and are constitutes a separate violation. considered to be vessels that primarily possibly slightly more positive than the rely on scallops for the bulk of their preferred alternative due to the larger * * * * * 3. In § 648.80, paragraphs (a)(3)(viii) revenues. Any of these permitted exempted area and the lack of a closure and (a)(7)(ii) are revised, and paragraph vessels would be allowed to participate period. These alternatives were rejected, (a)(18) is added to read as follows: in this exemption program, but the area however, due primarily to the lack of proposed to be exempt has traditionally observer data needed to estimate the § 648.80 NE Multispecies regulated mesh been mostly fished by vessels from bycatch rates of regulated multispecies areas and restrictions on gear and methods Massachusetts and Maine. Average 2005 throughout these areas. Potentially of fishing. scallop revenues for General Category negative economic impacts would result * * * * * scallop vessels was $87,369 per vessel, if this action was delayed for the time (a) * * * though there was great variation from period that would be necessary to (3) * * * vessel to vessel, ranging from less than collect the required observer data. The (viii) Other restrictions and $7,000 to over $160,000 per vessel. The No Action alternative was the only exemptions. Vessels are prohibited from majority of these vessels also receive alternative that could pose negative fishing in the GOM/GB Exemption Area additional revenues from a variety of economic impacts by continuing to as defined in paragraph (a)(17) of this other species. Each vessel in this prohibit General Category scallop section, except if fishing with exempted analysis is treated as a single entity for vessels from fishing in the Great South gear (as defined under this part) or purposes of size determination and Channel. under the exemptions specified in impact assessment. All commercial List of Subjects in 50 CFR Part 648 paragraphs (a)(5) through (7), (a)(9) fishing entities would fall under the through (16), (a)(18), (d), (e), (h), and (i) SBA size standard for small commercial Fisheries, Fishing, Reporting and of this section; or if fishing under a NE fishing entities. Therefore, there is no recordkeeping requirements. multispecies DAS; or if fishing under differential impact between large and Dated: June 29, 2006. the Small Vessel or Handgear A small entities. A more complete William T. Hogarth, exemptions specified in § 648.82(u)(5) description of the General Category Assistant Administrator for Fisheries, and (6), respectively; or if fishing under fishery can be found in Framework National Marine Fisheries Service. a scallop DAS in accordance with Adjustment 18 to the Atlantic Sea For the reasons stated in the preamble paragraph (h) of this section; or if Scallop FMP, available from the Council 50 CFR part 648 is proposed to be fishing pursuant to a NE multispecies (www.nefmc.org). amended as follows: open access Charter/Party or Handgear

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permit, or if fishing as a charter/party or GREAT SOUTH CHANNEL SCALLOP (D) GSC CC/GOM Yellowtail Flounder private recreational vessel in DREDGE EXEMPTION AREA—Contin- Peak Spawning Closure. No vessel that compliance with the regulations ued qualifies under this exemption, as specified in § 648.89. Any gear on a defined in this paragraph (a)(18), may vessel, or used by a vessel, in this area Point N. lat. W. long. fish for Atlantic sea scallops in the Great must be authorized under one of these South Channel Scallop Dredge ° ′ ° ′ exemptions or must be stowed as GSC 3 ...... 40 50 69 29.46 Exemption Area that lies within the CC/ specified in § 648.23(b). GSC 4 ...... 41°10′ 69°50′ GSC 5 ...... 41°10′ 70°00′ GOM yellowtail flounder stock area * * * * * GSC 6 ...... 41°35′ 70°00′ (statistical area 521) between June 1 and (7) * * * GSC 7 ...... 41°35′ 69°40′ June 30 of each year, as defined by the (ii) Vessels subject to the minimum straight lines connecting the following mesh size restrictions specified in (ii) Requirements. (A) A vessel fishing points in the order stated below. paragraphs (a)(3) or (4) of this section in the Great South Channel Scallop may transit through the Scallop Dredge Dredge Exemption Area specified in this GSC CC/GOM YELLOWTAIL Fishery Exemption Areas defined in paragraph (a)(18) may not fish for, FLOUNDER SPAWNING CLOSURE paragraphs (a)(11) and (18) of this possess on board, or land any species of section with nets on board with a mesh fish other than Atlantic sea scallops. Point N. lat. W. long. size smaller than the minimum size (B) The combined dredge width in use specified, provided that the nets are by, or in possession on board, vessels YTB 1 ...... 41°33.05′ 70°00′ stowed in accordance with one of the fishing in the Great South Channel YTB 2 ...... 41°20′ 70°00′ methods specified in § 648.23(b), and Scallop Dredge Exemption Area may not YTB 3 ...... 41°20′ 69°50′ provided the vessel has no fish on exceed 10.5 ft (3.2 m), measured at the YTB 4 ...... 41°10′ 69°50′ board. widest point in the bail of the dredge. YTB 5 ...... 41°10′ 69°30′ * * * * * (C) GSC SNE/GB Yellowtail Flounder YTB 6 ...... 41°00′ 69°30′ (18) Great South Channel Scallop Peak Spawning Closure. No vessel that YTB 7 ...... 41°00′ 68°57.58′ Dredge Exemption Area. Vessels issued qualifies under this exemption, as YTB 8 ...... 41°50.52′ 69°40′ a limited access scallop permit that have defined in this paragraph (a)(18), may YTB 9 ...... 41°35′ 69°40′ declared out of the DAS program as fish for Atlantic sea scallops in the Great YTB 10 ...... 41°35′ 70°00′ specified in § 648.10, or that have used South Channel Scallop Dredge up their DAS allocations, and vessels Exemption Area that lies within the * * * * * SNE and GB yellowtail flounder stock issued a General Category scallop 4. § 648.81, paragraph (g)(2)(iii) is permit, may fish in the Great South areas (statistical areas 525 and 526) revised to read as follows: Channel Scallop Dredge Exemption between April 1 and June 30, as defined Area as defined under paragraph by the straight lines connecting the § 648.81 NE multispecies closed areas and (a)(18)(i) of this section, when not under following points in the order stated measures to protect EFH. below. a NE multispecies or scallop DAS, * * * * * provided the vessel complies with the requirements specified in paragraph GSC SNE/GB YELLOWTAIL FLOUNDER (g) * * * (a)(18)(ii) of this section. SPAWNING CLOSURE (2) * * * (i) Area Definition. The Great South Point N. lat. W. long. (iii) That are fishing with or using Channel Scallop Dredge Exemption scallop dredge gear when fishing under Area is defined by the straight lines YTA 1 ...... 41°20′ 70°00′ a scallop DAS, and provided that the connecting the following points in the YTA 2 ...... 41°20′ 69°50′ vessel complies with the NE order stated (copies of a chart depicting ° ′ ° ′ YTA 3 ...... 41 10 69 50 multispecies possession restrictions for the area are available from the Regional YTA 4 ...... 41°10′ 69°30′ Administrator upon request): YTA 5 ...... 41°00′ 69°30′ scallop vessels specified at § 648.80(h); YTA 6 ...... 41°00′ 68°57.58′ or when lawfully fishing in the Scallop GREAT SOUTH CHANNEL SCALLOP YTA 7 ...... 40°50′ 68°49.20′ Dredge Fishery Exemption Areas, as YTA 8 ...... 40°50′ 69°29.46′ DREDGE EXEMPTION AREA described in paragraphs (a)(11) and (18) YTA 9 ...... 41°10′ 69°50′ of this section. YTA 10 ...... 41°10′ 70°00′ Point N. lat. W. long. YTA 11 ...... \(1)\ 70°00′ * * * * * [FR Doc. 06–6016 Filed 6–30–06; 1:19 pm] GSC 1 ...... 41°50.52′ 69°40′ \(1)\ Intersection of south-facing coastline of GSC 2 ...... 40°50′ 68°49.2′ Nantucket, MA, and 70°00 [min] W. Long. BILLING CODE 3510–22–S

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Notices Federal Register Vol. 71, No. 129

Thursday, July 6, 2006

This section of the FEDERAL REGISTER the collection of information unless it DEPARTMENT OF AGRICULTURE contains documents other than rules or displays a currently valid OMB control proposed rules that are applicable to the number. Food Safety and Inspection Service public. Notices of hearings and investigations, committee meetings, agency decisions and Farm Service Agency [Docket No. FSIS–2006–0013] rulings, delegations of authority, filing of petitions and applications and agency Title: Power of Attorney. Notice of Request for a New statements of organization and functions are OMB Control Number: 0560–0190. Information Collection (Electronic examples of documents appearing in this Animal Disease and Reporting System) section. Summary of Collection: Individuals or authorized representatives of entities AGENCY: Food Safety and Inspection wanting to appoint another to act as Service, USDA. DEPARTMENT OF AGRICULTURE their attorney-in-fact in connection with ACTION: Notice and request for certain Farm Service Agency (FSA), comments. Submission for OMB Review; Commodity Credit Corporation (CCC), Comment Request and Risk Management Agency (RMA) SUMMARY: In accordance with the June 29, 2006. programs and related actions must Paperwork Reduction Act of 1995 and The Department of Agriculture has complete a Power of Attorney form and the Office of Management and Budget submitted the following information Extension Sheet to accommodate (OMB) regulations, this notice collection requirement(s) to OMB for additional signatures (FSA–211/211A). announces the Food Safety and Inspection Service’s (FSIS) intention to review and clearance under the The FSA–211/211A serves as evidence request a new information collection Paperwork Reduction Act of 1995, that the grantor has appointed another regarding data on meat, poultry, exotic Public Law 104–13. Comments to act on their behalf for certain FSA, animal, and rabbit slaughter for the regarding (a) whether the collection of CCC, and RMA programs and related information is necessary for the proper Agency’s electronic Animal Disease actions giving the appointee legal Reporting System. performance of the functions of the authority to enter into binding DATES: Comments on this notice must be agency, including whether the agreements on the grantor’s behalf. information will have practical utility; received on or before September 5, (b) the accuracy of the agency’s estimate Need and Use of the Information: FSA 2006. will collect information to verify an of burden including the validity of the ADDRESSES: FSIS invites interested individual’s authority to sign and act for methodology and assumptions used; (c) persons to submit comments on this another in the event of errors or fraud ways to enhance the quality, utility and information collection request. clarity of the information to be that requires legal remedies. The Comments may be submitted by mail, collected; (d) ways to minimize the information collected on the FSA–211/ including floppy disks or CD-ROM’s, burden of the collection of information 211A is limited to the grantor’s name, and hand- or courier-delivered items. on those who are to respond, including signature, and identification number, Send to Docket Clerk, U.S. Department through the use of appropriate the grantee’s name, address, and the of Agriculture, Food Safety and automated, electronic, mechanical, or applicable FSA, CCC, and RMA Inspection Service, 300 12th Street, other technological collection programs. Failure to collect and SW., Room 102 Cotton Annex, techniques or other forms of information maintain the data collected on the form Washington, DC 20250. All submissions technology should be addressed to: Desk will limit or eliminate USDA’s ability to received must include the Agency name Officer for Agriculture, Office of accept an individual’s signature on and docket number FSIS–2006–0013. Information and Regulatory Affairs, behalf of another individual or entity. All comments submitted in response Office of Management and Budget to this notice, as well as research and (OMB), Description of Respondents: Farms; background information used by FSIS in [email protected] or Individuals or households. developing this document, will be fax (202) 395–5806 and to Departmental Number of Respondents: 176,296. available for public inspection in the Clearance Office, USDA, OCIO, Mail Frequency of Responses: Reporting: FSIS Docket Room at the address listed Stop 7602, Washington, DC 20250– Other (once). above between 8:30 a.m. and 4:30 p.m., 7602. Comments regarding these Monday through Friday, except Federal information collections are best assured Total Burden Hours: 44,956. holidays. The comments also will be of having their full effect if received Ruth Brown, posted on the Agency’s Web site at within 30 days of this notification. http://www.fsis.usda.gov/ Copies of the submission(s) may be Departmental Information Collection Clearance Officer. regulations_&_policies/ obtained by calling (202) 720–8681. _ _ An agency may not conduct or [FR Doc. E6–10490 Filed 7–5–06; 8:45 am] 2006 Notices Index/index.asp. sponsor a collection of information BILLING CODE 3410–05–P FOR FURTHER INFORMATION CONTACT: unless the collection of information Contact John O’Connell, Paperwork displays a currently valid OMB control Reduction Act Coordinator, Food Safety number and the agency informs and Inspection Service, USDA, 300 12th potential persons who are to respond to Street, SW, Room 112, Washington, DC the collection of information that such 20250–3700, (202) 720–0345. persons are not required to respond to SUPPLEMENTARY INFORMATION:

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Title: Electronic Animal Disease Room 112, Washington, DC 20250– information. This service is available at Reporting System. 3700, (202) 720–5627, (202)720–0345. http://www.fsis.usda.gov/ Type of Request: New information Comments are invited on: (a) Whether news_and_events/email_subscription/. collection. the proposed collection of information Options range from recalls to export Abstract: FSIS has been delegated the is necessary for the proper performance information to regulations, directives authority to exercise the functions of the of FSIS’ functions, including whether and notices. Customers can add or Secretary as specified in the Federal the information will have practical delete subscriptions themselves and Meat Inspection Act (FMIA) (21 U.S.C. utility; (b) the accuracy of FSIS’ estimate have the option to password protect 601 et seq.) and the Poultry Products of the burden of the proposed collection their account. Inspection Act (PPIA) (21 U.S.C. 451 et of information, including the validity of Done at Washington, DC, on June 29, 2006. seq.). These statutes mandate that FSIS the methodology and assumptions used; protect the public by ensuring that meat (c) ways to enhance the quality, utility, Barbara J. Masters, and poultry products are safe, and clarity of the information to be Administrator. wholesome, unadulterated, and collected; and (d) ways to minimize the [FR Doc. E6–10475 Filed 7–5–06; 8:45 am] properly labeled and packaged. FSIS burden of the collection of information BILLING CODE 3410–DM–P also inspects exotic animals and rabbits on those who are to respond, including under the authority of the Agricultural through the use of appropriate Marketing Act of 1946, as amended (7 automated, electronic, mechanical, or DEPARTMENT OF AGRICULTURE other technological collection U.S.C 1621 et seq.). Grain Inspection, Packers and FSIS is requesting a new information techniques, or other forms of Stockyards Administration collection addressing paperwork information technology. Comments may requirements regarding the collection of be sent to both John O’Connell, United States Standards for Feed Peas information concerning meat and Paperwork Reduction Act Coordinator, poultry slaughter for the Agency’s at the address provided above, and the AGENCY: Grain Inspection, Packers and electronic Animal Disease Reporting Desk Officer for Agriculture, Office of Stockyards Administration, USDA. System (eADRS). Information and Regulatory Affairs, ACTION: Final notice. In accordance with 9 CFR part 320, Office of Management and Budget, 381.175, 381.180, 303.1 (b)(3), 352.15, Washington, DC 20253. SUMMARY: We are establishing U.S. and 354.91, establishments that All responses to this notice will be standards for Feed Peas under the slaughter meat, poultry, exotic animals, summarized and included in the request authority of the U.S. Agricultural and rabbits are required to maintain for OMB approval. All comments will Marketing Act of 1946, as amended certain records regarding their business also become a matter of public record. (AMA). Current U.S. standards for Whole Dry Peas and Split Peas reflect operations and to report this Additional Public Notification information to the Agency as required. the needs of the edible dry pea market. For eADRS, establishments will report Public awareness of all segments of The quality and standards established (by shift) slaughter totals in number of rulemaking and policy development is for the edible dry pea market greatly heads and weight by animal category. important. Consequently, in an effort to differ from the feed pea market. FSIS will use this information to plan ensure that the public and in particular Consequently, the current standards for inspection activities, to develop minorities, women, and persons with edible dry peas do not reflect the sampling plans for testing, to target disabilities, are aware of this notice, current needs of the feed pea market. establishments for testing, for Agency FSIS will announce it on-line through This action provides uniform standards budget planning, and in its reports to the FSIS Web page located at http:// and facilitates the marketing of feed Congress. FSIS will also provide this www.fsis.usda.gov/regulations/ peas. 2006_Notices_Index/index.asp. FSIS data to other USDA agencies—the DATES: also will make copies of this Federal Effective Date: July 7, 2006. National Agricultural Statistics Service FOR FURTHER INFORMATION CONTACT: (NASS), the Animal and Plant Health Register publication available through the FSIS Constituent Update, which is Marianne Plaus at GIPSA, USDA, 1400 Inspection Service (APHIS), the Independence Avenue, SW., Agricultural Marketing Service (AMS), used to provide information regarding FSIS policies, procedures, regulations, Washington, DC 20250–3630; and the Grain Inspection, Packers and Telephone (202) 690–3460; Fax Number Stockyards Administration (GIPSA), for Federal Register notices, FSIS public meetings, recalls, and other types of (202) 720–1015; or e-mail to: their publications and other functions. [email protected]. FSIS has made the following information that could affect or would estimates based upon an information be of interest to our constituents and SUPPLEMENTARY INFORMATION: stakeholders. The update is collection assessment: Background Estimate of Burden: FSIS estimates communicated via Listserv, a free e-mail that it will take an average of 20 hours subscription service consisting of The AMA directs and authorizes the per annum to collect and submit this industry, trade, and farm groups, Secretary of Agriculture to develop and information to FSIS. consumer interest groups, allied health improve standards for agricultural Respondents: Establishments. professionals, scientific professionals, products (7 U.S.C. 1622). These are Estimated No. of Respondents: 1,159. and other individuals who have standards of quality, condition, Estimated No. of Annual Responses requested to be included. The update quantity, grade, and packaging. The per Respondent: 600. also is available on the FSIS web page. intent of such standards is to encourage Estimated Total Annual Burden on Through Listserv and the web page, uniformity and consistency in Respondents: 23,180 hours. FSIS is able to provide information to a commercial practices. Copies of this information collection much broader, more diverse audience. The United States Dry Pea and Lentil assessment can be obtained from John In addition, FSIS offers an email Council and other dry pea industry O’Connell, Paperwork Reduction Act subscription service which provides representatives requested that GIPSA Coordinator, Food Safety and Inspection automatic and customized access to establish standards for dry peas used as Service, USDA, 300 12th Street, SW., selected food safety news and feed for animals (feed peas). The pea

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industry indicated the need to establish DEPARTMENT OF AGRICULTURE Secretary of Agriculture. Rural separate standards for marketing peas as Development will review each a feed product due to an increasing Rural Housing Service application for completeness and demand for peas used in animal feed. accuracy. Some demonstration Notice of Funding for the Rural The quality and standards established proposals may not be consistent with Housing Demonstration Program for the edible dry pea market differ from some of the provisions of our 7 CFR part the feed pea market. AGENCY: Rural Housing Service, United 3550—Direct Single Family Housing Loans and Grants regulation. Under GIPSA worked with the United States States Department of Agriculture (USDA). section 506(b) of the Housing Act of Dry Pea and Lentil Council and others 1949, the Agency may provide loans for ACTION: Notice. in the pea industry to develop the innovative housing design units and standards for feed peas. SUMMARY: The Rural Housing Service systems which do not meet existing The standards include definitions, the (RHS) an Agency under USDA Rural published standards, rules, regulations, basic principles governing application Development, announces the or policies. of standards, such as the type of sample availability of housing funds for Fiscal The Equal Credit Opportunity Act and used for a particular quality analysis, Year (FY) 2006 for the Rural Housing Title VIII of the Civil Rights Act of 1968 reporting requirements for analytical Demonstration Program. For FY 2006, provide that a program such as this be results, the actual quality grade USDA Rural Development has set aside administered affirmatively so that individuals of similar low-income levels specifications, and the format for the $1 million for the Innovative Demonstration Initiatives and is in the housing market area have housing grade for certification purposes. The choices available to them regardless of standards include specifications for soliciting proposals for a Housing Demonstration program under section their race, color, religion, sex, national both U.S. Grade No. 1 Feed Peas and for origin, familial status, and disability. U.S. Sample Grade Feed Peas. Feed peas 506(b) of title V of the Housing Act of 1949. Under section 506(b), USDA Rural Under Section 504 of the Rehabilitation that do not meet the requirements for Development may provide loans to low Act of 1973, Rural Development makes U.S. Grade No. 1 Feed Peas are to be income borrowers to purchase reasonable accommodations to permit classified as U.S. Sample Grade Feed innovative housing units and systems persons with disabilities to apply for Peas. that do not meet existing published agency programs. Executive Order In the May 12, 2006, Federal Register standards, rules, regulations, or policies. 12898 requires the Agency to conduct a (71 FR 27672–27674) we invited The intended effect is to increase the Civil Rights Impact Analysis on each comments on the U.S. Standards for availability of affordable Rural Housing project prior to loan approval. Also, the Feed Peas. We received no comments (RH) for low-income families through requirements of Executive Order 11246 during the 30-day comment period. innovative designs and systems. are applicable regarding equal employment opportunity when the Therefore, we are establishing U.S. EFFECTIVE DATE: July 6, 2006. proposed contract exceeds $10,000. Standards for Feed Peas as proposed. FOR FURTHER INFORMATION CONTACT: Completed applications that have The U.S. Standards for Peas, Gloria L. Denson, Senior Loan been determined to carry out the including the new Standards for Feed Specialist, Single Family Housing Direct objectives of the program will be Peas, do not appear in the Code of Loan Division, RHS, U.S. Department of considered on a first come, first served Federal Regulations; the U.S. Agriculture, STOP 0783, 1400 basis based on the date a completed Department of Agriculture maintains the Independence Ave., SW., Washington, application was submitted. An standards. The process for developing DC 20250–0783, Telephone (202) 720– application is considered complete only 1474. (This is not a toll free number.) these standards are specified in the if the ‘‘Application for Approval of regulations in 7 CFR 868.102, SUPPLEMENTARY INFORMATION: Under Housing Innovation’’ is complete in Procedures for establishing and revising current standards, regulations, and content, contains information related to policies, some low-income rural grade standards. the criteria and all applicable additional families lack sufficient income to information required by the application You may view or print the U.S. qualify for loans to obtain adequate form has been provided. All application Standards for Feed Peas from the GIPSA housing. Section 506(b) of title V of the packages must be in accordance with Web site at http://www.gipsa.usda.gov Housing Act of 1949, 42 U.S.C. 1476, the technical management requirements or by contacting us by phone, fax, or e- authorizes a housing demonstration and address the criteria in the Proposal mail using the information provided program that could result in housing Content. The application, technical above under FOR FURTHER INFORMATION that these families can afford. Section management requirements, Proposal CONTACT. We expect requests for service 506(b) imposes two conditions: (1) That Content and Criteria, and further this season beginning in mid-July. the health and safety of the population information may be obtained from the Accordingly, the standards are effective of the areas in which the Rural Development State office in each one day after publication of this final demonstrations are carried out will not state. (See the State Office address list notice in the Federal Register. be adversely affected, and (2) That the at the end of this notice or access the aggregate expenditures for the Web site at http://www.rurdev.usda.gov/ Authority: 7 U.S.C. 1621–1627; 7 CFR demonstration may not exceed $10 recd_map.html.) A submitter of an 868.103. million in any fiscal year. incomplete application will be advised James E. Link, Rural Development State Directors are in writing of additional information Administrator, Grain Inspection, Packers and authorized in FY 2006 to accept needed for continued processing. Stockyards Administration. demonstration concept proposals from The following evaluation factors will not be weighted and are non- [FR Doc. E6–10550 Filed 7–5–06; 8:45 am] individuals. The objective of the demonstration competitive. Rural Development, in its BILLING CODE 3410–EN–P programs is to test new approaches to analysis of the proposals received, will constructing housing under the consider whether the proposals will statutory authority granted to the carry out the objectives of this

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demonstration effort in accordance with writing, giving specific reasons why the ARIZONA the following criteria: proposal was not selected. The funds for 230 North 1st Avenue, Suite 206, Phoenix, the RH Demonstration program are AZ 85012–2906, (602) 280–8701, TDD A. Housing Unit Concept section 502 single family housing funds (602) 280–8705 1. A proposal must be well beyond and are available to housing applicants ARKANSAS the ‘‘idea’’ state. Sufficient testing must who wish to purchase an approved Room 3416, 700 W. Capitol, Little Rock, AR have been completed to demonstrate its demonstration dwelling. Funds cannot feasibility. The proposal must be judged 72201–3225, (501) 301–3200, TDD (501) be reserved or guaranteed under the 301–3279 ready for full scale field testing in a demonstration housing concept. There rural setting. is no guarantee that a market exists for CALIFORNIA 2. Ability of the housing unit to demonstration dwellings, and this does 430 G Street, Agency 4169, Davis, CA 95616– provide for the protection of life, not ensure that an eligible loan 4169, (530) 792–5800, TDD (530) 792–5848 property, and for the safety and welfare applicant will be available for such a COLORADO of the consumer, general public, and section 502 RH dwelling. If there is no occupants through the design, Room E100, 655 Parfet Street, Lakewood, CO available Rural Development eligible construction, quality of materials, use, 80215, (720) 544–2904, TDD—No phone loan applicant, the RH demonstration and maintenance of the housing unit. number program applicant will have to advance 3. Flexibility of the housing units in funds to complete the construction of DELAWARE & MARYLAND relation to varying types of housing and 1221 College Park Drive, Suite 200, Dover, varying site considerations. the demonstration housing, with the risk that there may be no Rural Delaware 19904, (302) 857–3601, TDD 4. Flexibility of the housing unit (302) 857–3585) concept, insofar as it provides the Development applicant or other ability to adjust or modify unit size and purchaser from which the builder will FLORIDA & VIRGIN ISLANDS arrangements, either during design or recover his or her development and 4440 NW 25th Place, Gainesville, FL 32606– after construction. construction costs. 6563, (352) 338–3435, TDD (800) 438–1832 5. Efficiency in the use of materials This program or activity is listed in GEORGIA and labor, with respect to cost in place, the Catalog of Federal Domestic Stephens Federal Building, 355 E. Hancock conservation of materials, and the Assistance under No. 10.410. For the Avenue, Athens, GA 30601–2768, (706) effective use of labor skills. Potential for reasons contained in 7 CFR part 3015, 546–2162, TDD (706) 546–2034 use in the Mutual Self-Help Housing subpart V, and RD Instruction 1940–J, program will be considered. ‘‘Intergovernmental Review of Rural HAWAII 6. Selection of materials for durability Development Programs and Activities,’’ Room 311, Federal Building, 154 and ease of maintenance. this program or activity is excluded Waianuenue Avenue, Hilo, HI 96720, (808) 7. Concepts for the effective use of from the scope of Executive Order 933–8302, TDD (808) 933–8321 land and development. 12372, which requires IDAHO B. Organization Capabilities intergovernmental consultation with Suite A1, 9173 W. Barnes Drive, Boise, ID State and local officials. 1. The experience and ‘‘know-how’’ of 83709, (208) 378–5600, TDD 208 378–5644 the proposed organization or individual All interested parties must make a ILLINOIS to implement construction of the written request for a proposal package to 2118 West Park Court, Suite A, Champaign, housing unit concept in relation to the the State Director in the State in which IL 61821, (217) 403–6222, TDD (217) 403– requirements of Rural Development’s the proposal will be submitted; Rural 6240 housing programs. Development will not be liable for any INDIANA 2. The management structure and expenses incurred by respondents in the organization of the proposer. development and submission of 5975 Lakeside Boulevard, Indianapolis, IN 3. The quality and diversity of applications. 46278, (317) 290–3100, TDD (317) 290– 3343 management and professional talent The reporting requirements contained proposed as ‘‘key individuals.’’ in this notice have been approved by the IOWA 4. The management plan of how this Office of Management and Budget Room 873, 210 Walnut Street, Des Moines, IA effort will be conducted. (OMB) under Control Number 0575– 50309, (515) 284–4663, TDD (515) 284– C. Cost and Price Analysis 0172. 4858 1. The level of costs which are Dated: June 26, 2006. KANSAS proposed, as they may compare with David J. Villano, 1303 First American Place, Suite 100, Topeka, KS 66604, (785) 271–2700, TDD other proposals and be considered Acting Administrator, Rural Housing Service. realistic for the efforts planned. Also, (785) 271–2767 the quantity and level of detail in the The following is an address list of KENTUCKY information supplied. Rural Development State Offices across Suite 200, 771 Corporate Drive, Lexington, 2. Projected cost of ‘‘housing in the nation: KY 40503, (859) 224–7300, TDD (859) 224– place,’’ with particular reference to 7422 housing for very low and low-income ALABAMA LOUISIANA families. Sterling Centre, 4121 Carmichael Road, Suite An acceptable proposal will be sent 3727 Government Street, Alexandria, LA 601, Montgomery, AL 36106–3683, (334) 71302, (318) 473–7920, TDD (318) 473– by the State Director to the National 279–3400, TDD (334) 279–3495 Office for concurrence by the Rural 7655 Development Administrator before the ALASKA MAINE State Director may approve it. If the Suite 201, 800 W. Evergreen, Palmer, AK PO Box 405, 967 Illinois Avenue, Suite 4, proposal is not selected, the State 99645–6539, (907) 761–7705, TDD (907) Bangor, ME 04402–0405, (207) 990–9106, Director will so notify the applicant in 761–7786 TDD (207) 942–7331

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MASSACHUSETTS, CONNECTICUT, PENNSYLVANIA DEPARTMENT OF COMMERCE RHODE ISLAND Suite 330, One Credit Union Place, 451 West Street, Amherst, MA 01002, (413) Harrisburg, PA 17110–2996, (717) 237– Submission for OMB Review; 253–4300, TDD (413) 253–4590 2299, TDD (717) 237–2261 Comment Request MICHIGAN PUERTO RICO The Department of Commerce has Suite 200, 3001 Coolidge Road, East Lansing, IBM Building—Suite 601, 654 Munos Rivera submitted to the Office for Management MI 48823, (517) 324–5100, TDD (517) 324– Avenue, San Juan, PR 00918–6106, (787) and Budget (OMB) for clearance the 5169 766–5095, TDD (787) 766–5332, following proposal for collection of MINNESOTA information under the provisions of the SOUTH CAROLINA Paperwork Reduction Act of 1995, Suite 410, 375 Jackson Street, St. Paul, MN Public Law 104–13. 55101–1853, (651) 602–7835, TDD (651) Strom Thurmond Federal Building, 1835 Bureau: International Trade 602–7830 Assembly Street, Room 1007, Columbia, SC 29201, (803) 765–5163, TDD (803) 765– Administration. MISSISSIPPI 5697 Title: Advocacy Questionnaire. Federal Building, Suite 831, 100 W. Capitol OMB Approval Number: 0625–0220. SOUTH DAKOTA Street, Jackson, MS 39269, (601) 965–4316, Agency Form Number: ITA–4133P. TDD—No phone number Federal Building, Room 210, 200 Fourth Type of Request: Regular submission. Street, SW, Huron, SD 57350, (605) 352– Burden Hours: 205. MISSOURI 1100, TDD (605) 352–1147 Number of Respondents: 200. Parkade Center, Suite 235, 601 Business Loop Average Hours per Response: 30 TENNESSEE 70 West, Columbia, MO 65203, (573) 876– minutes. 0976, TDD (573) 876–9480 Suite 300, 3322 W. End Avenue, Nashville, Needs and Uses: The International MONTANA TN 37203–1084, (615) 783–1300, TDD Trade Administration’s (ITA) Advocacy (615) 783–1397 Unit 1, Suite B, 900 Technology Boulevard, Center marshals federal resources to Bozeman, MT 59715, (406) 585–2580, TDD TEXAS assist U.S. firms competing for foreign (406) 585–2562 government procurements worldwide. Federal Building, Suite 102, 101 S. Main, The Advocacy Center works closely NEBRASKA Temple, TX 76501, (254) 742–9700, TDD (254) 742–9712 with the Trade Promotion Coordination Federal Building, Room 152, 100 Centennial Committee, which is chaired by the Mall N, Lincoln, NE 68508, (402) 437– UTAH Secretary of Commerce and includes 19 5550, TDD (402) 437–5093 Wallace F. Bennett Federal Building, 125 S. federal agencies involved in export NEVADA State Street, Room 4311, Salt Lake City, UT promotion. 1390 S. Curry Street, Carson City, NV 89703– 84138, (801) 524–4320, TDD (801) 524– Advocacy assistance is wide and 9910, (775) 887–1222, TDD (775) 885–0633 3309 varied, but most often is employed to assist U.S. commercial interests that NEW JERSEY VERMONT & NEW HAMPSHIRE must deal with foreign governments or 5TH Floor North, Suite 500, 8000 Midlantic City Center, 3rd Floor, 89 Main Street, government-owned corporations to win Drive, Mt. Laurel, NJ 08054, (856) 787– Montpelier, VT 05602, (802) 828–6000, or maintain business transactions in 7700, TDD (856) 787–7784 TDD (802) 223–6365 foreign markets. The Advocacy Center is NEW MEXICO VIRGINIA at the core of the President’s National Room 255, 6200 Jefferson Street, NE, Export Strategy and its goal to ensure Culpeper Building, Suite 238, 1606 Santa Albuquerque, NM 87109, (505) 761–4950, opportunities for American companies Rosa Road, Richmond, VA 23229, (804) TDD (505) 761–4938 in the international marketplace. 287–1550, TDD (804) 287–1753 The purpose of the Advocacy NEW YORK WASHINGTON Questionnaire is to collect the The Galleries of Syracuse, 441 S. Salina Suite B, 1835 Black Lake Blvd., SW., information necessary to evaluate Street, Suite 357, Syracuse, NY 13202– whether it would be appropriate to 2541, (315) 477–6400, TDD (315) 477–6447 Olympia, WA 98512–5715, (360) 704– 7740, TDD (360) 704–7772 (Westside), TDD provide the U.S. Government (USG) NORTH CAROLINA (509) 664–0205 (Eastside) advocacy assistance on a given 4405 Bland Road, Raleigh, NC 27609, (919) transaction. The Advocacy Center, 873–2000, TDD (919) 873–2003 WEST VIRGINIA appropriate ITA officials, officers at U.S. Federal Building, Room 320, 75 High Street, Embassies/Consulates worldwide, and NORTH DAKOTA Morgantown, WV 26505–7500, (304) 284– other federal government agencies that Federal Building, Room 208, 220 East Rosser, 4860, TDD (304) 284–4836 provide advocacy support (the PO Box 1737, Bismarck, ND 58502–1737, Advocacy Network) to U.S. firms, WISCONSIN (701) 530–2044, TDD (701) 366–6889 request firms seeking USG advocacy OHIO 4949 Kirschling Court, Stevens Point, WI support to complete the questionnaire. Federal Building, Room 507, 200 N. High 54481, (715) 345–7600, TDD (715) 345– The information derived from a Street, Columbus, OH 43215–2418, (614) 7614 completed questionnaire is critical in 255–2400, TDD (614) 255–2554 WYOMING helping the Advocacy Center determine whether it is in the U.S. national OKLAHOMA P.O. Box 11005, Federal Building, Room interest to advocate on a specific 1005, 100 East B, Casper, WY 82602, (307) Suite 108, 100 USDA, Stillwater, OK 74074– transaction. 2654, (405) 742–1000, TDD (405) 742–1007 261–6300, TDD (307) 233–6733 Affected Public: Business or other for- OREGON [FR Doc. E6–10482 Filed 7–5–06; 8:45 am] profit organization. Suite 1410, 101 SW Main, Portland, OR BILLING CODE 3410–XV–P Frequency: On occasion. 97204–3222, (503) 414–3300, TDD (503) Respondent’s Obligation: Required to 414–3387 obtain or retain a benefit, voluntary.

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OMB Desk Officer: David Rostker, Departmental Paperwork Clearance Copies of the above information (202) 395–3897. Officer, (202) 482–0266, Department of collection proposal can be obtained by Copies of the above information Commerce, Room 6625, 14th and calling or writing Diana Hynek, collection proposal can be obtained by Constitution Avenue, NW., Washington, Departmental Paperwork Clearance writing Diana Hynek, Departmental DC 20230 (or via the Internet at Officer, (202) 482–0266, Department of Paperwork Clearance Officer, [email protected]). Commerce, Room 6625, 14th and Department of Commerce, Room 6625, Written comments and Constitution Avenue, NW., Washington, 14th & Constitution Avenue, NW., recommendations for the proposed DC 20230 (or via the Internet at Washington, DC 20230; E-mail: information collection should be sent [email protected]). [email protected]. within 30 days of publication of this Written comments and Written comments and notice to Jasmeet Seehra, OMB Desk recommendations for the proposed recommendations for the proposed Officer, Fax number (202) 395–5167 or information collection should be sent information collection should be sent to via the Internet at within 30 days of publication of this David Rostker, OMB Desk Officer, at [email protected]. notice to Jasmeet Seehra, OMB Desk _ David [email protected] or fax Dated: June 28, 2006. Officer, Fax number (202) 395–5167 or (202) 395–7285, within 30 days of the Gwellnar Banks, via the Internet at publication of this notice in the Federal [email protected]. Register. Management Analyst, Office of the Chief Information Officer. Dated: June 28, 2006. Dated: June 29, 2006. [FR Doc. E6–10499 Filed 7–5–06; 8:45 am] Gwellnar Banks, Gwellnar Banks, BILLING CODE 3510–13–P Management Analyst, Office of the Chief Management Analyst, Office of the Chief Information Officer. Information Officer. [FR Doc. E6–10500 Filed 7–5–06; 8:45 am] [FR Doc. E6–10497 Filed 7–5–06; 8:45 am] DEPARTMENT OF COMMERCE BILLING CODE 3510–13–P BILLING CODE 3510–FP–P Submission for OMB Review; Comment Request DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE The Department of Commerce has Office of the Secretary Submission for OMB Review; submitted to the Office of Management [Docket No. 060615168–6168–01] Comment Request and Budget (OMB) for clearance the following proposal for collection of The Department of Commerce has information under the provisions of the Privacy Act of 1974: System of submitted to the Office of Management Paperwork Reduction Act (44 U.S.C. Records and Budget (OMB) for clearance the chapter 35). AGENCY: Department of Commerce following proposal for collection of Agency: National Institute of ACTION: Notice of Amendment of information under the provisions of the Standards and Technology (NIST). Privacy Act System of Records: Paperwork Reduction Act (44 U.S.C. Title: Generic Clearance for Program COMMERCE/DEPARTMENT–18, Chapter 35). Evaluation Data Collections. Employees Personnel Files Not Covered Form Number(s): None. Agency: National Institute of by Notices of Other Agencies. Standards and Technology (NIST). OMB Approval Number: 0693–0033. Title: Generic Clearance for Usability Type of Review: Regular submission. SUMMARY: In accordance with the Data Collections. Burden Hours: 3,022. Privacy Act of 1974, as amended, 5 Form Number(s): None. Number of Respondents: 4,000. U.S.C. 552a(e)(4) and (11), the OMB Approval Number: 0693–0043. Average Hours per Response: Varied Department of Commerce is issuing Type of Review: Regular Submission. dependent upon data collection. notice of intent to amend the system of Burden Hours: 1,000. Average time is expected to be 30 records under COMMERCE/ Number of Respondents: 2,000. minutes. DEPARTMENT–18, Employees Average Hours per Response: 30 Needs and Uses: NIST proposes to Personnel Files Not Covered by Notices minutes. conduct surveys designed to evaluate of Other Agencies. This amendment Needs and Uses: NIST will conduct current programs from a customer adds to this system those records information collections of usability data perspective. The use of these types of compiled in conjunction with the involving usage of technological devices data collections will present NIST with Department of Commerce’s Student (such as Web sites, handheld a measure of the economic impact of Loan Repayment Program (SLRP), computers, cell phones, and robots). products, services, or assistance Continuity of Operations Plan (COOP), This information will enable NIST provided by NIST and will give NIST Automated Notification System, and the researchers to study human-computer customers a mechanism to suggest how Employee Emergency Call Center. We interactions and help establish programs may be improved and then to invite public comment on the proposed guidelines and standards for more provide valuable strategic input on changes in this publication. effective and efficient interactions. enhancing the future direction of NIST DATES: To be considered, written Affected Public: Individuals or programs. comments must be submitted on or households; State, local, or tribal Affected Public: Business or other for- before August 7, 2006. Unless comments government; Federal government. profit organizations; not-for-profit are received, the amendments to the Frequency: On occasion. institutions; individuals or households; system of records will become effective Respondent’s Obligation: Voluntary. Federal government, State, local, or as proposed on the date of publication OMB Desk Officer: Jasmeet Seehra, tribal government. (202) 395–3123. Frequency: On occasion. of a subsequent notice in the Federal Copies of the above information Respondent’s Obligation: Voluntary. Register. collection proposal can be obtained by OMB Desk Officer: Jasmeet Seehra, FOR FURTHER INFORMATION CONTACT: calling or writing Diana Hynek, (202) 395–3123. Brenda Dolan, Departmental Freedom of

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Information and Privacy Act Officer, PURPOSE(S): * should be in a non–proprietary format. U.S. Department of Commerce, ROUTINE USES OF RECORDS MAINTAINED IN THE If there is a need to submit business Washington, DC 20230, 202–482–3258. SYSTEM, INCLUDING CATEGORIES OF USERS AND proprietary information, it should be THE PURPOSES OF SUCH USES: * appropriately marked and accompanied ADDRESSES: Comments may be mailed to by a public version. Submissions DISCLOSURE TO CONSUMER REPORTING Brenda Dolan, Departmental Freedom of (original and 3 copies) shall be AGENCIES: * Information and Privacy Act Officer, addressed to the Board’s Executive Office of Management and Organization, POLICIES AND PRACTICES FOR STORING, Secretary at the address above. Room 5327, 1401 Constitution Avenue, RETRIEVING, ACCESSING, RETAINING, AND The closing period for their receipt is NW., Washington, DC 20230. Comments DISPOSING OF RECORDS IN THE SYSTEM: * August 7, 2006. Rebuttal comments in may be submitted electronically to the STORAGE: * response to material submitted during following electronic mail address: the foregoing period may be submitted RETRIEVABILITY: * [email protected]. during the subsequent 15–day period to SAFEGUARDS: * August 21, 2006. SUPPLEMENTARY INFORMATION: This RETENTION AND DISPOSAL: * Dated: June 29, 2006. amendment adds to the subject system Andrew McGilvray, those files containing records compiled SYSTEM MANAGER(S) AND ADDRESS: * Acting Executive Secretary. in accordance with 5 U.S.C. 5379; 5 CFR NOTIFICATION PROCEDURE: Part 537; DAO 202–957. [FR Doc. E6–10569 Filed 7–5–06; 8:45 am] Delete ‘For records at location m and BILLING CODE 3510–DS–S COMMERCE/DEPARTMENT–18 n,’ add ‘For records at location m, n and o,’ DEPARTMENT OF COMMERCE SYSTEM NAME: * RECORD ACCESS PROCEDURES: *

SECURITY CLASSIFICATION: CONTESTING RECORD PROCEDURES: * Bureau of Industry and Security None. RECORD SOURCE CATEGORIES: * Action Affecting Export Privileges; EXEMPTIONS CLAIMED FOR THE SYSTEM: Terry Tengfang Li SYSTEM LOCATION: None. In the Matter of: Terry Tengfang Li, 1132 After ‘n. For any records regarding the * Indicates that there are no changes to Seagull Lane, Cherry Hill, NJ 08054, Workforce Assessment Database: The that paragraph of the notice. Respondent. Office of Acquisition Management, U.S. Dated: June 16, 2006. Order Relating to Terry Tengfang Li Department of Commerce, Room 6422, Brenda Dolan, (AKA ‘‘Terry Li’’) Washington, DC 20230.’ add ‘o. For any Departmental Freedom of Information and The Bureau of Industry and Security, emergency notification system records: Privacy Act Officer. The Office of Security, U.S. Department U.S. Department of Commerce (‘‘BIS’’) [FR Doc. E6–10543 Filed 7–5–06; 8:45 am] has notified Terry Tengfang Li of Commerce, Room 1069, Washington, BILLING CODE 3510–BW–P (hereinafter referred to as ‘‘Terry Li’’) of DC 20230.’ its intention to initiate an administrative proceeding against Terry Li, President of CATEGORIES OF INDIVIDUALS COVERED BY THE DEPARTMENT OF COMMERCE Universal Technology, Inc., in his SYSTEM: individual capacity, pursuant to section Foreign–Trade Zones Board After ‘Applicants, current and former 766.3 of the Export Administration employees.’ add ‘Volunteers, grantees, [Docket 43–2005] Regulations (currently codified at 15 contract employees, and occupants of CFR parts 730–774 (2006)) Commerce facilities, on whom the Review of Foreign–Trade Zone (‘‘Regulations’’),1 and Section 13(c) of agency maintains records, may also be Activity, Foreign–Trade Subzone 43D, the Export Administration Act of 1979, covered by this system.’ Perrigo Company, Battle Creek, as amended (50 U.S.C. app. 2401–2420 Michigan Area (Ibuprofen– (2000)) (‘‘Act’’) 2 by issuing a proposed CATEGORIES OF RECORDS IN THE SYSTEM: Pharmaceutical Products) 1 The violations charged are alleged to have After ‘employee certifications, Pursuant to its review of activity occurred from 2000 through 2004. The Regulations warrants, education and contact for related to certain merchandise at governing the violations at issue are found in the Workforce Assessment Tool Database.’ Foreign–Trade Subzone 43D, at the 2000–2004 versions of the Code of Federal pharmaceutical products manufacturing Regulations (15 CFR parts 730–774 (2000–2004)). add ‘; Student Loan Repayment Program The 2006 Regulations set forth the procedures that (SLRP) records; Continuity of facilities of the Perrigo Company, in the apply to this matter. Operations Plan (COOP) records; Battle Creek, Michigan, area (FTZ Doc. 2 From August 21, 1994 through November 12, 43–2005, 70 FR 54521, 9/15/05), the 2000, the Act was in lapse. During that period, the Automated Notification System records, FTZ staff has issued a report containing President, through Executive Order 12924, which and Employee Emergency Call Center had been extended by successive Presidential its preliminary findings. records.’ Notices, the last of which was August 3, 2000 (3 A copy of the report will be available CFR., 2000 Comp. 397 (2001)), continued the for public inspection at the following Regulations in effect under the International AUTHORITY FOR MAINTENANCE OF THE SYSTEM: location: Office of the Executive Emergency Economic Powers Act (50 U.S.C. 1701– 1706 (2000)) (‘‘IEEPA’’). On November 13, 2000, the After ‘41 U.S.C. 433(d)’ add ‘; 5 U.S.C. Secretary, Foreign–Trade Zones Board, Act was reauthorized and it remained in effect 5379; 5 CFR Part 537; DAO 202–957; U.S. Department of Commerce, Room through August 20, 2001. Since August 21, 2001, E.O. 12656; Federal Preparedness 1115, 1401 Constitution Ave. NW., the Act has been in lapse and the President, through Circular (FPC) 65, July 26, 1999; DAO Washington, DC 20230. Executive Order 13222 of August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), as extended by the Notice 210–110’ Public comment is invited from of August 2, 2005 (70 FR 45273 (August 5, 2005)), interested parties. Information has continued the Regulations in effect under the submitted for the record generally IEEPA.

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charging letter to Terry Li that alleged when acting for or on behalf of Terry Li, subject to the Regulations that has been that Terry Li committed 49 violations of his representatives, agents, assigns or or will be exported from the United the Regulations. Specifically, the employees (‘‘Denied Person’’) may not, States. For purposes of this paragraph, charges are: directly or indirectly, participate in any servicing means installation, 1. 17 Violations of 15 CFR 764.2(a)— way in any transaction involving any maintenance, repair, modification or Exporting Electronic Components to the commodity, software, or technology testing. People’s Republic of China Without the (hereinafter collectively referred to as Third, that, after notice and Required Licenses: On 17 occasions, ‘‘item’’) exported or to be exported from opportunity for comment as provided in between on or about July 21, 2000 and the United States that is subject to the Section 766.23 of the Regulations, any on or about April 21, 2004, Terry Li Regulations, or in any other activity person, firm, corporation, or business engaged in conduct prohibited by the subject to the Regulations, including, organization related to Terry Li by Regulations by exporting or causing to but not limited to: affiliation, ownership, control, or be exported electronic components A. Applying for, obtaining, or using position of responsibility in the conduct classified under Export Control any license, License Exception, or of trade or related services may also be Classification Number (‘‘ECCN’’) 3A001 export control document; made subject to the provisions of the to the People’s Republic of China B. Carrying on negotiations Order. (‘‘PRC’’) without the Department of concerning, or ordering, buying, Fourth, that this Order does not Commerce (the ‘‘Department’’) licenses receiving, using, selling, delivering, prohibit any export, reexport, or other required by Section 742.4 of the storing, disposing of, forwarding, transaction subject to the Regulations Regulations. transporting, financing, or otherwise where the only items involved that are 2. 17 Violations of 15 CFR 764.2(e)— servicing in any way, any transaction subject to the Regulations are the Exporting Electronic Components to the involving any item exported or to be foreign-produced direct product of U.S.- People’s Republic of China With exported from the United States that is origin technology. Knowledge That Violations Would subject to the Regulations, or in any Fifth, that the proposed charging Occur: In connection with he other activity subject to the Regulations; letter, the Settlement Agreement, and transactions described above, Terry Li or this Order shall be made available to the caused the export of electronic C. Benefitting in any way from any public. components to the PRC with knowledge transaction involving any item exported Sixth, that this Order shall be served that violations of the Regulations would or to be exported from the United States on the Denied Person, and shall be occur. Specifically, Terry Li had that is subject to the Regulations, or in published in the Federal Register. knowledge that Department of any other activity subject to the This Order, which constitutes the Commerce licenses were required to Regulations. final agency action in this matter, is export the electronic components from Second, that no person may, directly effective immediately. the United States to the PRC and Terry or indirectly, do any of the following: Entered this 23rd day of June 2006. Li caused the export of the items with A. Export or reexport to or on behalf Darryl Jackson, knowledge that such licenses would not of the Denied Person any item subject to Assistant Secretary of Commerce for Export be obtained. the Regulations; Enforcement. 3. 15 Violations of 15 CFR 764.2(e)— B. Take any action that facilitates the False Statement on Shipper’s Export acquisition or attempted acquisition by [FR Doc. 06–5999 Filed 7–5–06; 8:45 am] Declarations Concerning Authority to the Denied Person of the ownership, BILLING CODE 3510–DT–M Export: In connection with 15 exports of possession, or control of any item electronic components subject to the subject to the Regulations that has been DEPARTMENT OF COMMERCE regulations to the PRC described above, or will be exported from the United Terry Li made false statements to the States, including financing or other Bureau of Industry and Security U.S. Government in connection with the support activities related to a submission of export control transaction whereby the Denied Person Action Affecting Export Privileges; Nei- documents. Specifically Terry Li filed or acquires or attempts to acquire such Chien Chu (AKA ‘‘Pearl Li’’) caused to be filed with the U.S. ownership possession or control; Government Shipper’s Export C. Take any action to acquire from or In the Matter of: Nei-Chien Chu (aka ‘‘Pearl Declarations stating that the exports did to facilitate the acquisition or attempted Li’’), 1132 Seagull Lane, Cherry Hill, NJ 08054, Respondent. not require Department of Commerce acquisition from the Denied Person of licenses (‘‘NLR’’ or ‘‘No License any item subject to the Regulations that Order Relating to Nei-Chien Chu (AKA Required’’). These statements were false has been exported from the United ‘‘Pearl Li’’) because licenses were required to export States; The Bureau of Industry and Security, these items. D. Obtain from the Denied Person in U.S. Department of Commerce (‘‘BIS’’ Whereas, BIS and Terry Li have the United States any item subject to the has notified Nei-Chien Chu (also known entered into a Settlement Agreement Regulations with knowledge or reason as and hereinafter referred to as ‘‘Pearl pursuant to Section 766.18(a) of the to know that the item will be, or is Li’’) of its intention to initiate an Regulations whereby they agreed to intended to be, exported from the administrative proceeding against Pearl settle this matter in accordance with the United States; or Li, Chief Executive Officer of Universal E. Engage in any transaction to service terms and conditions set forth therein; Technology, Inc., in her individual any item subject to the Regulations that and capacity, pursuant to section 766.3 of has been or will be exported from the Whereas, I have approved of the terms the Export Administration Regulations United States and which is owned, of such Settlement Agreement; It is (currently codified at 15 CFR parts 730– possessed or controlled by the Denied therefore ordered: 774 (2006)) (‘‘Regulations’’),1 and First, that for a period of 20 years from Person, or service any item, of whatever the date of entry of this Order, Terry origin, that is owned, possessed or 1 The violations charged are alleged to have Tengfang Li (aka ‘‘Terry Li’’), 1132 controlled by the Denied Person if such occurred from 2000 through 2004. The Regulations Seagull Lane, Cherry Hill, NJ 08054, and service involves the use of any item Continued

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section 13(c) of the Export documents. Specifically, Pearl Li filed States, including financing or other Administration Act of 1979, as amended or caused to be filed with the U.S. support activities related to a (50 U.S.C. app. 2401–2420 (2000)) Government Shipper’s Export transaction whereby the Denied Person (‘‘Act’’),2 by issuing a proposed charging Declarations stating that the exports did acquires or attempts to acquire such letter to Pearl Li that alleged that Pearl not require Department of Commerce ownership, possession or control; Li committed 49 violations of the licenses (‘‘NLR’’ or ‘‘No License C. Take any action to acquire from or Regulations. Specifically, the charges Required’’). These statements were false to facilitate the acquisition or attempted are: because licenses were required to export acquisition from the Denied Person of 1. 17 Violations of 15 CFR 764.2(a)— these items. any item subject to the Regulations that Exporting Electronic Components to the Whereas, BIS and Pearl Li have has been exported from the United People’s Republic of China Without the entered into a Settlement Agreement States; Required Licenses: On 17 occasions, pursuant to Section 766.18(a) of the between on or about July 21, 2000 and D. Obtain from the Denied Person in Regulations whereby they agreed to the United States any item subject to the on or about April 21, 2004, Pearl Li settle this matter in accordance with the engaged in conduct prohibited by the Regulations with knowledge or reason terms and conditions set forth therein; to know that the item will be, or is Regulations by exporting or causing to and be exported electronic components intended to be, exported from the Whereas, I have approved of the terms United States; or classified under Export Control of such Settlement Agreement; It is Classification Number (‘‘ECCN’’) 3A001 therefore ordered: E. Engage in any transaction to service any item subject to the Regulations that to the People’s Republic of China First, that for a period of 20 years has been or will be exported from the (‘‘PRC’’) without the Department of from the date of entry of this Order, Nei- United States and which is owned, Commerce (the ‘‘Department’’) licenses Chien Chu (aka ‘‘Pearl Li’’), 1132 possessed or controlled by the Denied required by § 742.4 of the Regulations. Seagull Lane, Cherry Hill, NJ 08054, Person, or service any item, of whatever 2. 17 Violations of 15 CFR 764.2(e)— and, when acting for or on behalf of origin, that is owned, possessed or Exporting Electronic Components to the Pearl Li, her representatives, agents, controlled by the Denied Person if such People’s Republic of China With assigns or employees (‘‘Denied Person’’) service involves the use of any item Knowledge That Violations Would may not, directly or indirectly, subject to the Regulations that has been Occur: In connection with the participate in any way in any transactions described above, Pearl Li or will be exported from the United transaction involving any commodity, caused the export of electronic States. For purposes of this paragraph, software, or technology (hereinafter components to the PRC with knowledge servicing means installation, collectively referred to as ‘‘item’’) that violations of the Regulations would maintenance, repair, modification or exported or to be exported from the occur. Specifically, Pearl Li had testing. United States that is subject to the knowledge that Department of Regulations, or in any other activity Third, that after notice and Commerce licenses were required to subject to the Regulations, including, opportunity for comment as provided in export the electronic components from but not limited to: Section 766.23 of the Regulations, any the United States to the PRC and Pearl person, firm, corporation, or business Li caused the export of the items with A. Applying for, obtaining, or using any license, License Exception, or organization related to Pearl Li by knowledge that such licenses would not affiliation, ownership, control, or be obtained. export control document; B. Carrying on negotiations position of responsibility in the conduct 3. 15 Violations of 15 CFR 764.2(e)— of trade or related services may also be False Statement on Shipper’s Export concerning, or ordering, buying, receiving, using, selling, delivering, made subject to the provisions of the Declarations Concerning Authority to Order. Export: In connection with 15 exports of storing, disposing of, forwarding, electronic components subject to the transporting, financing, or otherwise Fourth, that this Order does not Regulations to the PRC described above, servicing in any way, any transaction prohibit any export, reexport, or other Pearl Li made false statements to the involving any item exported or to be transaction subject to the Regulations U.S. Government in connection with the exported from the United States that is where the only items involved that are submission of export control subject to the Regulations, or in any subject to the Regulations are the other activity subject to the Regulations; foreign-produced direct product of U.S.- governing the violations at issue are found in the or origin technology. 2000–2004 versions of the Code of Federal C. Benefitting in any way from any Fifth, that the proposed charging Regulations (15 CFR parts 730–774 (2000–2004)). transaction involving any item exported letter, the Settlement Agreement, and The 2006 Regulations set forth the procedures that apply to this matter. or to be exported from the United States this Order shall be made available to the 2 From August 21, 1994 through November 12, that is subject to the Regulations, or in public. 2000, the Act was in lapse. During that period, the any other activity subject to the Sixth, that this Order shall be served President, through Executive Order 12924, which Regulations. had been extended by successive Presidential on the Denied Person, and shall be Notices, the last of which was August 3, 2000 (3 Second, that no person may, directly published in the Federal Register. or indirectly, do any of the following: CFR, 2000 Comp. 397 (2001)), continued the This Order, which constitutes the Regulations in effect under the International A. Export or reexport to or on behalf Emergency Economic Powers Act (50 U.S.C. 1701– final agency action in this matter, is of the Denied Person any item subject to effective immediately. 1706 (2000)) (‘‘IEEPA’’). On November 13, 2000, the the Regulations; Act was reauthorized and it remained in effect Entered this 23rd day of June 2006. through August 20, 2001. Since August 21, 2001, B. Take any action that facilitates the the Act has been in lapse and the President, through acquisition or attempted acquisition by Darryl Jackson, Executive Order 13222 of August 17, 2001 (3 CFR, the Denied Person of the ownership, Assistant Secretary of Commerce for Export 2001 Comp. 783 (2002)), as extended by the Notice Enforcement. of August 2, 2005 (70 FR 45273 (August 5, 2005)), possession, or control of any item has continued the Regulations in effect under the subject to the Regulations that has been [FR Doc. 06–6001 Filed 7–5–06; 8:45 am] IEEPA. or will be exported from the United BILLING CODE 3510–DT–M

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DEPARTMENT OF COMMERCE Knowledge That Violations Would forth herein and any other pertinent Occur: In connection with the violations. The payment of the civil Bureau of Industry and Security transactions described above, UTI penalty is guaranteed by Mr. Terry caused the export of electronic Tengfang Li (also known as ‘‘Terry Li’’), Action Affecting Export Privileges; components to the PRC with knowledge in his individual capacity, and Ms. Nei- Universal Technology, Inc. that violations of the Regulations would Chien CHu (also known as ‘‘Pearl Li’’), In the Matter of: Universal Technology, occur. Specifically, UTI had knowledge in her individual capacity, and Mr. Inc., 125 Gaither Drive, Mount Laurel, NJ that Department of Commerce licenses Terry Tengfan Li, Ms. Nei-Chien Chu 08054, Respondent. were required to export the electronic and UTI are jointly and severally liable components from the United States to for the payment of the penalty. Order Relating to Universal the PRC and UTI caused the export of Fourth, for a period of 20 years from Technology, Inc. the items with knowledge that such the date of entry of the Order, Universal The Bureau of Industry and Security, licenses would not be obtained. Technology, Inc., 125 Gaither Drive, U.S. Department of Commerce (‘‘BIS’’) 3. 15 Violations of 15 CFR 764.2(e)— Mount Laurel, NJ 08054, its successors has notified Universal Technology, Inc. False Statement on Shipper’s Export or assigns, and when acting for or on (hereinafter referred to as ‘‘UTI’’), of its Declarations Concerning Authority to behalf of UTI, its representatives, agents, intention to initiate an administrative Export: In connection with 15 exports of officers or employees (‘‘Denied Person’’) proceeding against UTI pursuant to electronic components subject to the may not, directly or indirectly, section 766.3 of the Export Regulations to the PRC described above, participate in any way in any Administration Regulations (currently UTI made false statements to the U.S. transaction involving any commodity, codified at 15 CFR parts 730–774 Government in connection with the software, technology (hereinafter (2006)) (‘‘Regulations’’),1 and section submission of export control collectively referred to as ‘‘item’’) 13(c) of the Export Administration Act documents. Specifically UTI filed or exported or to be exported from the of 1979, as amended (50 U.S.C. app caused to be filed with the U.S. United States that is subject to the 2401–2420 (2000)) (‘‘Act’’),2 by issuing Government Shipper’s Export Regulations, or in any other activity a proposed charging letter to UTI that Declarations stating that the exports did subject to the Regulations, including, alleged that UTI committed 49 not require Department of Commerce but not limited to: violations of the Regulations. licenses (‘‘NLR’’ or ‘‘No License A. Applying for, obtaining, or using Specifically, the charges are: Required’’). These statements were false any license, License Exception, or 1. 17 Violations of 15 CFR 764.2(a)— because licenses were required to export export control document; Exporting electronic Components to the these items. B. Carrying on negotiations People’s Republic of China without the Whereas, BIS and UTI have entered concerning, or ordering, buying, Required Licenses: On 17 occasions, into a Settlement Agreement pursuant to receiving, using, selling, delivering, between on or about July 21, 2000 and Section 766.18(a) of the Regulations storing, disposing of, forwarding, on or about April 21, 2004, UTI engaged whereby they agreed to settle this matter transporting, financing, or otherwise in conduct prohibited by the in accordance with the terms and servicing in any way, any transaction Regulations by exporting or causing to conditions set forth therein; and involving any item exported or to be be exported electronic components Whereas, I have approved of the terms exported from the United States that is classified under Export Control of such Settlement Agreement; It is subject to the Regulations, or in any Classification Number (‘‘ECCN’’) 3A001 therefore ordered: other activity subject to the Regulations; First, that a civil penalty of $170,000 to the People’s Republic of China or is assessed against Universal (‘‘PRC’’) without the Department of C. Benefiting in any way from any Technology, Inc., which shall be paid to Commerce (the ‘‘Department’’) licenses transaction involving any item exported the U.S. Department of Commerce upon required by Section 742.4 of the or to be exported from the United States entry of this Order. Payment shall be Regulations. that is subject to the Regulations, or in 2. 17 Violations of 15 CFR 764.2(e)— made in the manner specified in the any other activity subject to the Exporting Electronic Components to the attached instructions. Regulations. Second that, pursuant to the Debt People’s Republic of China With Fifth, that no person may, directly or Collection Act of 1982, as amended (31 indirectly, do any of the following: U.S.C. 3701–3720E (2000)), the civil 1 The violations charged are alleged to have A. Export or reexport to or on behalf occurred from 2000 through 2004. The Regulations penalty owed under this Order accrues of the Denied Person any item subject to governing the violations at issue are found in the interest as more fully described in the the Regulations; 2000–2004 versions of the Code of Federal attached Notice, and, if payment is not B. Take any action that facilitates the Regulations (15 CFR Parts 730–774 (2000–2004)). made by the due date specified herein, acquisition or attempted acquisition by The 2006 Regulations set forth the procedures that apply to this matter. UTI will be assessed, in addition to the the Denied Person of the ownership, 2 From August 21, 1994 through November 12, full amount of the civil penalty and possession, or control of any item 2000, the Act was in lapse. During that period, the interest, a penalty charge and an subject to the Regulations that has been President, through Executive Order 12924, which administrative charge, as more fully or will be exported from the United had been extended by successive Presidential Notices, the last of which was August 3, 2000 (3 described in the attached Notice. States, including financing or other C.F.R., 2000 Comp. 397 (2001)), continued the Third, that failure to make timely support activities related to a Regulations in effect under the International payment of the civil penalty set forth transaction whereby the Denied Person Emergency Economic Powers act (50 U.S.C. 1701– above shall be deemed to be a breach of acquires or attempts to acquire such 1706 (2000)) (‘‘IEEPA’’). On November 13, 2000, the Act was reauthorized and it remained in effect this Order, and the Department of ownership, possession or control; through August 20, 2001. Since August 21, 2001, Commerce preserves its right in the C. Take any action to acquire from or the Act has been in lapse and the President, through event of such a breach to pursue to facilitate the acquisition or attempted Executive Order 13222 of August 17, 2001 (3 C.F.R., whatever remedies are available to it by acquisition from the Denied Person of 2001 Comp. 783 (2002)), as extended by the Notice of August 2, 2005 (70 FR 45273 (August 5, 2005)), law, including but not limited to its any item subject to the Regulations that has continued the Regulations in effect under the ability to pursue administrative has been exported from the United IEEPA. sanctions based on the 49 violations set States;

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D. Obtain from the Denied Person in DEPARTMENT OF COMMERCE Company (the domestic interested the United States any item subject to the parties) submitted surrogate value Regulations with knowledge or reason International Trade Administration information.1 On February 24, 2006, we received case briefs from respondents to know that the item will be, or is [A–570–827] intended to be, exported from the China First Pencil Co., Ltd. (CFP)/Three United States; or Certain Cased Pencils from the Star Stationery Industry Corp. (Three Star)(CFP/Three Star),2 Orient E. Engage in any transaction to service People’s Republic of China; Final Results and Partial Rescission of International Holding Shanghai Foreign any item subject to the Regulations that Trade Co., Ltd. (SFTC), and Shandong has been or will be exported from the Antidumping Duty Administrative Review Rongxin Import & Export Co. Ltd. United States and which is owned, (Rongxin), and from the domestic possessed or controlled by the Denied AGENCY: Import Administration, interested parties. We received rebuttal Person, or service any item, of whatever International Trade Administration, briefs from CFP/Three Star, SFTC, origin, that is owned, possessed or Department of Commerce. Rongxin, and the domestic interested controlled by the Denied Person if such SUMMARY: On December 28, 2005, the parties on March 1, 2006. service involves the use of any item Department of Commerce (the On April 27, 2006, in accordance with subject to the Regulations that has been Department) published in the Federal section 751(a)(3)(A) of the Tariff Act of or will be exported from the United Register the preliminary results and 1930, as amended (the Act), the States. For purposes of this paragraph, intent to rescind in part the 2003–2004 Department extended the time limit for servicing means installation, administrative review of the the final results of this review until June maintenance, repair, modification or antidumping duty order on certain 26, 2006. See Certain Cased Pencils testing. cased pencils (pencils) from the from the People’s Republic of China: People’s Republic of China (PRC). See Extension of Time Limit for Final Sixth, that, after notice and Certain Cased Pencils from the People’s Results of Antidumping Duty opportunity for comment as provided in Republic of China; Preliminary Results Administrative Review, 71 FR 24839 Section 766.23 of the Regulations, any of Antidumping Duty Administrative (April 27, 2006). person, firm, corporation, or business Review and Intent to Rescind in Part, 70 Due to the unexpected emergency organization related to UTI by FR 76755 (December 28, 2005) closure of the main Commerce building affiliation, ownership, control, or (‘‘Preliminary Results’’). The period of on Monday, June 26, 2006, the position of responsibility in the conduct review (POR) is December 1, 2003, Department is issuing these final results of trade or related services may also be through November 30, 2004. We have on June 27, 2006, the next business day. made subject to the provisions of the now completed the 2003–2004 See Notice of Clarification: Application Order. administrative review of the order. of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Seventh, that this Order does not Based on comments received, we have made changes in the dumping margin Pursuant to the Tariff Act of 1930, As prohibit any export, reexport, or other Amended, 70 FR 24533 (May 10, 2005). transaction subject to the Regulations calculations. Therefore, the final results where the only items involved that are differ from the preliminary results. For Scope of the Order details regarding these changes, see the subject to the Regulations are the Imports covered by this order are section of this notice entitled ‘‘Changes foreign-produced direct product of U.S.- shipments of certain cased pencils of Since the Preliminary Results.’’ The origin technology. any shape or dimension (except as final results are listed below in the noted below) which are writing and/or Eight, that the proposed charging ‘‘Final Results of Review’’ section. letter, the Settlement Agreement, and drawing instruments that feature cores EFFECTIVE DATE: July 6, 2006. this Order shall be made available to the of graphite or other materials, encased FOR FURTHER INFORMATION CONTACT: Paul public. in wood and/or man–made materials, Stolz or Charles Riggle, AD/CVD whether or not decorated and whether Ninth, that this Order shall be served Operations, Office 8, Import on the Denied Person, and shall be Administration, International Trade 1 Domestic interested parties submitted a revised published in the Federal Register. Administration, U.S. Department of translation of certain documents included in this Commerce, 14th Street and Constitution submission on February 16, 2006. This Order, which constitutes the 2 The Department initiated separate reviews of final agency action in this matter, is Avenue, NW, Washington, DC, 20230; China First Pencil Company, Ltd. (CFP) and effective immediately. telephone: (202) 482–4474 and (202) Shanghai Three Star Stationery Industry Corp. 482–0650, respectively. (Three Star) based on timely requests from Entered this 23rd day of June 2006. interested parties. In the final results of the 2001- Darryl Jackson, Background 2002 administrative review the Department collapsed CFP and Three Star for purposes of its Assistant Secretary of Commerce for Export On December 28, 2005, the antidumping analysis. See Certain Cased Pencils Enforcement. Department published the preliminary from the People’s Republic of China; Final Results [FR Doc. 06–6000 Filed 7–5–06; 8:45 am] results of this review. See Preliminary and Partial Rescission of Antidumping Duty Administrative Review, 69 FR 29266 (May 21, BILLING CODE 3510–DT–M Results. The POR is December 1, 2003, 2004), and the accompanying Issues and Decision through November 30, 2004. On January Memorandum at Comment 6. The Department 20, 2006, we extended the deadline for continued to collapse CFP and Three Star in the submission of case briefs and rebuttal final results of the 2002-2003 administrative review. See Certain Cased Pencils from the People’s briefs to February 24, 2006, and March Republic of China; Final Results and Partial 1, 2006, respectively. We also extended Rescission of Antidumping Duty Administrative the deadline for submission of surrogate Review, 70 FR 42301 (July 22, 2005) (Pencils 02/03), value information until February 14, and the accompanying Issues and Decision Memorandum at Comment 1. For this review, the 2006. On February 14, 2006, Sanford LP, Department continues to consider CFP and Three Rose Moon, Inc., General Pencil Star (hereinafter referred to as CFP/Three Star) to Company, Inc., and Musgrave Pencil be a single entity.

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or not tipped (e.g., with erasers, etc.) in J. Claeys, Deputy Assistant Secretary for Exporter/Manufacturer Margin (percent) any fashion, and either sharpened or Import Administration, to David M. unsharpened. The pencils subject to the Spooner, Assistant Secretary for Import CFP/Three Star/First/ order are currently classifiable under Administration, dated June 26, 2006, Great Wall/Fang subheading 9609.10.00 of the which is hereby adopted by this notice. Zheng ...... 26.62 Harmonized Tariff Schedule of the SFTC ...... 25.70 A list of the issues which parties have Rongxin ...... 12.37 United States (HTSUS). Specifically raised and to which we have responded, PRC Wide–Rate ...... 114.90 excluded from the scope of the order are all of which are in the Decision mechanical pencils, cosmetic pencils, Memorandum, is attached to this notice Cash Deposit Requirements pens, non–cased crayons (wax), pastels, as an Appendix. Parties can find a charcoals, chalks, and pencils produced complete discussion of all issues raised The following cash deposit under U.S. patent number 6,217,242, in this review and the corresponding requirements will be effective upon from paper infused with scents by the recommendations in this public publication of this notice of final results means covered in the above–referenced memorandum, which is on file in the of administrative review for all patent, thereby having odors distinct Central Records Unit, room B–099 of the shipments of pencils from the PRC from those that may emanate from main Department of Commerce entered, or withdrawn from warehouse, pencils lacking the scent infusion. Also building. In addition, a complete for consumption on or after the date of excluded from the scope of the order are version of the Decision Memorandum publication, as provided by section pencils with all of the following can be accessed directly on Import 751(a)(1) of the Act: (1) the cash deposit physical characteristics: 1) length: 13.5 Administration’s Web site at http:// rates for the reviewed companies will be or more inches; 2) sheath diameter: not .ia.ita.doc.gov/frn. The paper copy and the rates shown above; (2) for previously less than one–and-one quarter inches at the electronic version of the Decision reviewed or investigated companies not any point (before sharpening); and 3) Memorandum are identical in content. listed above, that have separate rates, core length: not more than 15 percent of the cash deposit rate will continue to be the length of the pencil. Changes Since the Preliminary Results the company–specific rate published for In addition, pencils with all of the the most recent period; (3) the cash Based on our analysis of the following physical characteristics are deposit rate for all other PRC exporters comments received, we have made excluded from the scope of the order: will be 114.90 percent; and 4) the cash changes in the margin calculations for novelty jumbo pencils that are octagonal deposit rate for non–PRC exporters will CFP/Three Star, SFTC and Rongxin. The in shape, approximately ten inches long, be the rate applicable to the PRC specific calculation changes can be one inch in diameter before sharpening, exporter that supplied that exporter. found in the company–specific and three–and-one eighth inches in These deposit requirements shall calculation memoranda dated June 26, circumference, composed of turned remain in effect until publication of the 2006. These changes are listed below. wood encasing one–and-one half inches final results of the next administrative of sharpened lead on one end and a As discussed fully in the Decision review. Memorandum, the Department rubber eraser on the other end. Assessment Although the HTSUS subheading is corrected the calculation of the provided for convenience and customs surrogate value for pencil slats to The Department will determine, and purposes, our written description of the account for wood lost when pencil slats CBP will assess, antidumping duties on scope of the order is dispositive. are produced from lumber for use in all appropriate entries of subject pencil production for CFP/Three Star, merchandise in accordance with these Partial Rescission SFTC, and Rongxin. In addition, we final results of review. We have The Department is rescinding this corrected the calculation of Rongxin’s calculated customer–specific review with respect to Tianjin Custom slat surrogate value with respect to the antidumping duty assessment amounts Wood Processing Co., Ltd. (TCW) percentage of wood lost when pencils for subject merchandise based on the because TCW reported it did not export are made from slats. Furthermore, using ratio of the total amount of antidumping subject merchandise to the United updated contemporaneous data duties calculated for the examined sales States during the POR. See the obtained after publication of the to the total quantity of sales examined. Preliminary Results, 70 FR at 76756; see Preliminary Results, we re–calculated We calculated these assessment also TCW’s February 22, 2005, response the slat surrogate value used for amounts because there is no information to the Department’s questionnaire. We producers that produced slats from on the record which identifies entered reviewed U.S. Customs and Border timber.3 Finally, we corrected a values or the importers of record. The Protection (CBP) data and found no ministerial error made in CFP/Three Department will issue appropriate evidence that TCW made shipments of Star’s preliminary margin calculation assessment instructions directly to CBP subject merchandise to the United program with respect to the calculation within 15 days of publication of these States during the POR. Moreover, there of the value of coal included in the final results of review. is no evidence on the record of this normal value. Reimbursement of Duties segment of the proceeding indicating that TCW exported subject merchandise Final Results of Review This notice also serves as a final reminder to importers of their during the POR. Therefore, we are We determine that the following responsibility under 19 CFR 351.402(f) rescinding this review with respect to weighted–average, ad valorem, to file a certificate regarding the TCW. percentage margins exist for the period reimbursement of antidumping duties December 1, 2003, through November Analysis of Comments Received prior to liquidation of the relevant 30, 2004: All issues raised in the case and entries during this review period. rebuttal briefs by parties to this Failure to comply with this requirement 3 We stated in the Preliminary Results that we could result in the Secretary’s administrative review are addressed in would attempt to obtain timber prices the ‘‘Issues and Decision Memorandum’’ contemporaneous with the POR for use in the final presumption that reimbursement of (Decision Memorandum) from Stephen results. See the Preliminary Results, 70 FR at 76759. antidumping duties occurred and the

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subsequent assessment of doubled DEPARTMENT OF COMMERCE September 20, 2005, Zhanjiang Regal antidumping duties. resubmitted their new shipper review International Trade Administration request in accordance with section Administrative Protective Orders [A–570–893] 751(a)(2)(B) of the Tariff Act of 1930, as This notice also serves as the only amended (the Act), and section reminder to parties subject to Certain Frozen Warmwater Shrimp 351.214(c) of the Department’s administrative protective orders (APOs) from the People’s Republic of China: regulations. On September 30, 2005, the of their responsibility concerning the Preliminary Results of the Department initiated a new shipper return or destruction of proprietary Antidumping Duty New Shipper review with respect to Zhanjiang Regal. information disclosed under an APO in Review See Certain Frozen Warmwater Shrimp accordance with 19 CFR 351.305. From the People’s Republic of China: Timely written notification of the AGENCY: Import Administration, Initiation of New Shipper Review, 70 FR return/destruction of APO materials or International Trade Administration, 58679 (October 7, 2005) (‘‘Initiation conversion to judicial protective order is Department of Commerce. Notice’’). hereby requested. Failure to comply SUMMARY: The Department of Commerce On February 16, 2006, the Department with the regulations and terms of an (‘‘the Department’’) is currently placed the entry package it received APO is a violation which is subject to conducting a new shipper review of the from CBP for Zhanjiang Regal’s new sanction. antidumping duty order on certain shipper sale on the record of this We are issuing and publishing this frozen warmwater shrimp from the review. See Memorandum from Javier determination and notice in accordance People’s Republic of China (‘‘PRC’’) Barrientos, AD/CVD Financial Analyst, with sections 751(a)(1) and 771(i) of the covering the period July 16, 2004, Office 9, through Alex Villanueva, Act. through July 31, 2005. The Department Program Manager, Office 9, to the File: preliminarily determines that sales have Antidumping Duty New Shipper Review Dated: June 27, 2006. not been made below normal value of Certain Frozen Warmwater Shrimp David M. Spooner, (‘‘NV’’) with respect to Zhanjiang Regal from the People’s Republic of China: Assistant Secretaryfor Import Administration. Integrated Marine Resources Co., Ltd. Placing Entry Packages on the Record, Appendix Issues in Decision (‘‘Zhanjiang Regal’’), which participated dated February 9, 2006. Memorandum fully and is entitled to a separate rate in this review. If these preliminary results Questionnaires and Responses Comments are adopted in its final results of this On October 21, 2005, the Department Comment 1: Whether the Department review, the Department will instruct issued sections A, C, and D of the properly valued pencil cores. U.S. Customs and Border Protection general antidumping duty questionnaire Comment 2: Whether the Department (‘‘CBP’’) to assess antidumping duties to Zhanjiang Regal, along with the should use one or more respondents’ on entries of subject merchandise standard importer questionnaire for new market–economy purchase prices of during the period of review (‘‘POR’’) for shipper reviews. Zhanjiang Regal cores, erasers and lacquer to value these which the importer–specific assessment submitted its response to section A of factors for respondents that did not rates are above de minimis. the questionnaire on November 21, purchase these items from a market– EFFECTIVE DATE: July 6, 2006. 2005, and subsequently submitted its response to sections C and D, and the economy supplier. FOR FURTHER INFORMATION CONTACT: Comment 3: Whether the Department Javier Barrientos, AD/CVD Operations, importer questionnaire, on December 9, excluded small quantity/high value Office 9, Import Administration, 2005. On December 22, 2005, the import transactions from its calculation International Trade Administration, Department issued its first supplemental of surrogate values. U.S. Department of Commerce, 14th questionnaire for sections A, C and D. Comment 4: Whether the Department Street and Constitution Avenue, NW, Zhanjiang Regal filed its response to this used the wrong HTS category to Washington, DC 20230; telephone: (202) supplemental questionnaire on January calculate a surrogate value for Rongxin’s 482–2243. 17, 2006. On March 13, 2006, the Department issued its second kaolin clay. SUPPLEMENTARY INFORMATION: Comment 5: Whether the Department supplemental questionnaire for sections should continue to apply partial adverse Case History A, C, and D to Zhanjiang Regal and its importer. Zhanjiang Regal filed its facts available to SFTC. General Comment 6: Whether the surrogate response to the Department’s second On February 1, 2005, the Department value for labor is correct. sections A, C, and D supplemental published in the Federal Register an Comment 7: Whether to continue to questionnaires on April 3, 2006, and to amended final determination and treat CFP and Three Star as a single the importer’s questionnaire on April 7, antidumping duty order on certain entity. 2006. frozen warmwater shrimp from the PRC. See Notice of Amended Final Surrogate Country and Values Comment 8: Whether the Department Determination of Sales at Less Than On November 2, 2005, the team properly accounted for wood loss in its Fair Value and Antidumping Duty requested from the Office of Policy a calculation of a surrogate value for slats. Order: Certain Frozen Warmwater memorandum listing surrogate Comment 9: Whether the Department Shrimp From the People’s Republic of countries. The Department received a used the correct lumber dimensions to China, 70 FR 05149 (February 1, 2005). list of surrogate countries on November calculate a surrogate value for slats. On August 26, 2005, the Department 7, 2005. On March 2, 2006, the Comment 10: Whether to continue to received a new shipper review request Department notified parties of the apply total adverse facts available to from Zhanjiang Regal. On September 16, opportunity to submit comments on Guangdong Stationery & Sporting Goods 2005, the Department requested that surrogate country selection and Import & Export Corp. Zhanjiang Regal correct certain filing surrogate values. No party submitted [FR Doc. E6–10568 Filed 7–5–06; 8:45 am] deficiencies. See the Department’s letter surrogate country selection comments, BILLING CODE 3510–DS–S dated September 16, 2005. On although Zhanjiang Regal submitted

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surrogate value comments. On May 22, shrimp or prawn are also included in verification results are outlined in the 2006, the Department issued its the scope of this order. verification report, which is being surrogate country selection Excluded from the scope are: (1) issued concurrently with this notice. memorandum. See Memorandum from Breaded shrimp and prawns (HTSUS For further discussion, see Javier Barrientos, AD/CVD Financial subheading 1605.20.10.20); (2) shrimp Memorandum from Javier Barrientos, Analyst, Office 9, through Alex and prawns generally classified in the AD/CVD Financial Analyst, Office 9, Villanueva, Program Manager, Office 9, pandalidae family and commonly through Alex Villanueva, Program and Jim Doyle, Director, Office 9, to the referred to as coldwater shrimp, in any Manager, Office 9, to the File: File: Antidumping Duty New Shipper state of processing; (3) fresh shrimp and Verification of the Sales and Factors Review of Certain Frozen Warmwater prawns whether shell–on or peeled Response of Zhanjiang Regal Trading Shrimp from the People’s Republic of (HTSUS subheadings 0306.23.00.20 and Co., Ltd. (‘‘Zhanjiang Regal’’) in the China: Selection of a Surrogate Country, 0306.23.00.40); (4) shrimp and prawns Antidumping Duty New Shipper Review dated May 22, 2006 (‘‘Surrogate Country in prepared meals (HTSUS subheading of Certain Frozen Warmwater Shrimp Memo’’). 1605.20.05.10); (5) dried shrimp and from the People’s Republic of China, prawns; 6) Lee Kum Kee’s shrimp sauce; dated June 27, 2006, (‘‘Zhanjiang Regal Period of Review (7) canned warmwater shrimp and Verification Report’’). prawns (HTSUS subheading The POR covers July 16, 2004, New Shipper Status through July 31, 2005. 1605.20.10.40); (8) certain dusted shrimp; and (9) certain battered shrimp. Consistent with the Department’s Scope of the Order Dusted shrimp is a shrimp–based practice, the Department investigated The scope of this order includes product: (1) that is produced from fresh the bona fide bona fide nature of the certain warmwater shrimp and prawns, (or thawed–from-frozen) and peeled sale made by Zhanjiang Regal for this whether frozen, wild–caught (ocean shrimp; (2) to which a ‘‘dusting’’ layer new shipper review. The Department harvested) or farm–raised (produced by of rice or wheat flour of at least 95 found the sale in question was made on aquaculture), head–on or head–off, percent purity has been applied; (3) a bona fide basis. Based on the shell–on or peeled, tail–on or tail–off with the entire surface of the shrimp Department’s investigation into the (including the telson and the uropods), flesh thoroughly and evenly coated with bona fide nature of the sale, the deveined or not deveined, cooked or the flour; (4) with the non–shrimp questionnaire responses submitted by raw, or otherwise processed in frozen content of the end product constituting Zhanjiang Regal, and the Department’s form. between four and ten percent of the verification thereof, as well as Zhanjiang Regal’s eligibility for a separate rate (see The frozen warmwater shrimp and product’s total weight after being below), and the Department’s prawn products included in the scope of dusted, but prior to being frozen; (5) that preliminarily determination that this order, regardless of definitions in is subjected to individually quick frozen Zhanjiang Regal was not affiliated with the Harmonized Tariff Schedule of the (IQF) freezing immediately after application of the dusting layer. any exporter or producer that had United States (HTSUS), are products Battered shrimp is a shrimp–based previously shipped subject merchandise which are processed from warmwater product that, when dusted in to the United States, we preliminarily shrimp and prawns through freezing accordance with the definition of determine that the respondent has met and which are sold in any count size. dusting above, is coated with a wet the requirements to qualify as a new The products described above may be viscous layer containing egg and/or shipper during the POR. Therefore, for processed from any species of milk, and par–fried. purposes of these preliminary results of warmwater shrimp and prawns. The products covered by this order the review, the Department is treating Warmwater shrimp and prawns are are currently classified under the Zhanjiang Regal’s sale of subject generally classified in, but are not following HTSUS subheadings: merchandise to the United States as an limited to, the penaeidae family. Some 0306.13.00.03, 0306.13.00.06, appropriate transaction for this new examples of the farmed and wild– 0306.13.00.09, 0306.13.00.12, shipper review. See Memorandum from caught warmwater species include, but 0306.13.00.15, 0306.13.00.18, Javier Barrientos, AD/CVD Financial are not limited to, whiteleg shrimp 0306.13.00.21, 0306.13.00.24, Analyst, Office 9, through Alex (penaeus vannemei), banana prawn 0306.13.00.27, 0306.13.00.40, Villanueva, Program Manager, Office 9, (penaeus merguiensis), fleshy prawn 1605.20.10.10, and 1605.20.10.30. These to James C. Doyle, Office Director, Office (penaeus chinensis), giant river prawn HTSUS subheadings are provided for 9: Bona Fide Nature of the Sale in the (macrobrachium rosenbergii), giant tiger convenience and for Customs purposes Antidumping Duty New Shipper Review prawn (penaeus monodon), redspotted only and are not dispositive, but rather of Certain Frozen Warmwater Shrimp: shrimp (penaeus brasiliensis), southern the written description of the scope of Zhanjiang Regal Trading Co., Ltd., dated brown shrimp (penaeus subtilis), this order is dispositive. June 27, 2006. southern pink shrimp (penaeus notialis), southern rough shrimp Verification Separate Rates (trachypenaeus curvirostris), southern On March 30, 2006, the Department The Department has treated the PRC white shrimp (penaeus schmitti), blue issued the verification outline to as a non–market economy (‘‘NME’’) shrimp (penaeus stylirostris), western Zhanjiang Regal. The Department country in all previous antidumping white shrimp (penaeus occidentalis), conducted verification of the cases. See, e.g., Final Determination of and indian white prawn (penaeus questionnaire responses submitted by Sales at Less Than Fair Value and Final indicus). Zhanjiang Regal at its office in Partial Affirmative Determination of Frozen shrimp and prawns that are Zhanjiang, PRC from April 10 -14, 2006. Critical Circumstances: Diamond packed with marinade, spices or sauce The Department used standard Sawblades and Parts Thereof from the are included in the scope of this order. verification procedures, including on– People’s Republic of China, 71 FR 29303 In addition, food preparations, which site inspection of the facilities, and (May 22, 2006).In accordance with are not ‘‘prepared meals,’’ that contain examination of relevant sales and section 771(18)(C)(i) of the Act, any more than 20 percent by weight of financial records. The Department’s determination that a foreign country is

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an NME country shall remain in effect export activities because it indicates cannot be verified, the Department until revoked by the administering that: (1) there are no controls on exports shall, subject to subsection 782(d) of the authority. The Department has no of subject merchandise, such as quotas Act, use facts otherwise available in evidence suggesting that this applied to, or licenses required for, reaching the applicable determination. determination should be changed. exports of the subject merchandise to In the instant review, the Department Therefore, the Department treated the the United States; and (2) the subject discovered that Zhanjiang Regal PRC as an NME country for purposes of merchandise does not appear on any included part of its factory electricity this review and calculated NV by government list regarding export usage under selling, general, and valuing the factors of production provisions or export licensing. administrative (SG&A) electricity usage. (‘‘FOP’’) in a surrogate country. It is the Specifically, the company included the Absence of De Facto Control Department’s policy to assign all electricity used to run the chill exporters of the merchandise subject to The absence of de facto governmental compressors in the processing plant review that are located in NME control over exports is based on whether under the meter used for SG&A. See countries a single antidumping duty rate the respondent: (1) sets its own export Zhanjiang Regal Verification Report at unless an exporter can demonstrate an prices independent of the government 2. Furthermore, the company could not absence of governmental control, both and other exporters; (2) retains the determine how much of the SG&A in law (de jure) de facto and in fact (de proceeds from its export sales and electricity reading was from the chill facto), with respect to its export makes independent decisions regarding compressors, thus preventing the activities. To establish whether an the disposition of profits or financing of Department from verifying this exporter is sufficiently independent of losses; (3) has the authority to negotiate information. Id. at 31. However, the governmental control to be entitled to a and sign contracts and other plant engineer estimated (based on his separate rate, the Department analyzes agreements; and (4) has autonomy from experience) the percentage of the SG&A the exporter using the criteria the government regarding the selection meter reading that was attributable to established in the Final Determination of management. See Silicon Carbide at the compressors. Id. Therefore, as facts of Sales at Less Than Fair Value: 22587; Sparklers at 20589; see also otherwise available, pursuant to section Sparklers from the People’s Republic of Notice of Final Determination of Sales 776(a)(2)(D) of the Act, the Department China, 56 FR 20588 (May 6, 1991) at Less Than Fair Value: Furfuryl is assigning this estimate of the SG&A (‘‘Sparklers’’), as adopted and amplified Alcohol from the People’s Republic of electricity meter readings to factory in the Final Determination of Sales at China, 60 FR 22544, 22545 (May 8, electricity. See Memorandum from Less Than Fair Value: Silicon Carbide 1995). Javier Barrientos, AD/CVD Financial from the People’s Republic of China, 59 In its questionnaire responses, Analyst, Office 9, through Alex FR 22585, 22586–87 (May 2, 1994) Zhanjiang Regal submitted evidence Villanueva, Program Manager, Office 9, (‘‘Silicon Carbide’’). Under the separate demonstrating an absence of de facto to the File: Analysis of Zhanjiang Regal rates criteria established in these cases, governmental control over its export Trading Co., Ltd. for the Preliminary the Department assigns separate rates to activities. Specifically, this evidence Results in the Antidumping Duty New NME exporters only if they can indicates that: (1) The company sets its Shipper Review of Certain Frozen demonstrate the absence of both de jure own export prices independent of the Warmwater Shrimp from the PRC, dated and de facto governmental control over government and without the approval of June 27, 2006. their export activities. a government authority; (2) the company retains the proceeds from its Surrogate Country Absence of De Jure Control sales and makes independent decisions When the Department is investigating Evidence supporting, though not regarding the disposition of profits or imports from an NME country, section requiring, a finding of de jure absence financing of losses; (3) the company has 773(c)(1) of the Act directs it to base of government control over export a general manager with the authority to normal value (‘‘NV’’), in most activities includes: (1) an absence of negotiate and bind the company in an circumstances, on the NME producer’s restrictive stipulations associated with agreement; (4) the general manager is factors of production, valued in a the individual exporter’s business and selected by the board of directors, and surrogate market–economy country or export licenses; (2) any legislative the general manager appoints the countries considered to be appropriate enactments decentralizing control of deputy managers and the manager of by the Department. In accordance with companies; and (3) any other formal each department; and (5) there is no section 773(c)(4) of the Act, in valuing measures by the government restriction on the company’s use of the factors of production, the decentralizing control of companies. See export revenues. Therefore, the Department shall utilize, to the extent Sparklers at 20589. Department has preliminarily found that possible, the prices or costs of factors of In the instant review, Zhanjiang Regal Zhanjiang Regal qualifies for a separate production in one or more market– submitted a complete response to the rate under the criteria established by economy countries that are at a level of separate rates section of the Silicon Carbide and Sparklers. economic development comparable to Department’s questionnaire. The that of the NME country and are evidence submitted in the instant Use of Facts Available significant producers of comparable review by Zhanjiang Regal includes Section 776(a)(2) of the Act, provides merchandise. The sources of the government laws and regulations on that, if an interested party: (A) surrogate values the Department used in corporate ownership and control, withholds information that has been this review are discussed under the business licences, and narrative requested by the Department; (B) fails to ‘‘Normal Value’’ section below. information regarding the company’s provide such information in a timely The Department determined that operations and selection of manner or in the form or manner India, Sri Lanka, Indonesia, the management. See Zhanjiang Regal requested, subject to sections 782(c)(1) Philippines, and Egypt are countries Verification Report at Exhibits 2 and 6. and (e) of the Act; (C) significantly comparable to the PRC in terms of The evidence provided by Zhanjiang impedes a proceeding under the economic development. See Regal supports a finding of an absence antidumping statute; or (D) provides Memorandum from Ron Lorentzen, of de jure governmental control over its such information but the information Director, Office of Policy, to Alex

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Villanueva, Program Manager, Office 9; Normal Value Changes from Verification New Shipper Review of Certain Frozen In accordance with section 773(c) of For electricity, the Department is Warmwater Shrimp from the People’s assigning the plant engineer’s estimate Republic of China (PRC): Request for a the Act, the Department calculated NV based on factors of production (‘‘FOP’’) of the SG&A electricity meter readings List of Surrogate Countries, dated to factory electricity. See Facts reported by the respondents for the November, 2005. Because of India’s and Available section above. POR. To calculate NV, the Department Indonesia’s relative levels of shrimp For direct labor, the Department valued the reported FOP by multiplying production, which is consistent with discovered at verification that Zhanjiang the per–unit factor quantities by worldwide characteristics of frozen Regal made a clerical/transposing error publicly available Indian surrogate shrimp production, these two countries in summing certain fields in their values. In selecting surrogate values, the were selected as significant producers of worksheets. See Zhanjiang Regal Department considered the quality, Verification Report at 32. This error comparable merchandise. See Surrogate specificity, and contemporaneity of the Country Memo at 4. The Department affected the direct labor usage rate for available values. As appropriate, the both growing and processing direct select an appropriate surrogate country Department adjusted the value of based on the availability and reliability labor. Therefore, the Department will material inputs to account for delivery use its verification findings for direct of data from the countries. See costs. Where appropriate, the Department Policy Bulletin No. 04.1: labor. See Zhanjiang Regal Analysis Department increased Indian surrogate Memo. Non–Market Economy Surrogate values by surrogate inland freight costs. For international freight, Zhanjiang Country Selection Process (‘‘Policy The Department calculated these inland Regal provided the actual cost it Bulletin’’), dated March 1, 2004. In this freight costs using the shorter of the incurred in U.S. dollars in its sales case, the Department found that India is reported distances from the PRC port to database. However, at verification the a significant producer of comparable the PRC factory, or from the domestic Department found the freight carrier merchandise, is at a similar level of supplier to the factory. This adjustment was based in an NME country. See economic development pursuant to is in accordance with the United States Zhanjiang Regal Verification Report at section 773(c)(4) of the Act, and has Court of Appeals for the Federal 25. Therefore, the Department used a publicly available and reliable data. See Circuit’s (‘‘CAFC’’) decision in Sigma surrogate value for the international Surrogate Country Memo. Corp. v. United States, 117 F. 3d 1401, freight expense Zhanjiang Regal incurred on its sale of the subject U.S. Price 1407–1408 (Fed.Cir. 1997). For those values not contemporaneous with the merchandise. In accordance with section 772(a) of POR, the Department adjusted for Preliminary Results of Review the Act, the Department calculated the inflation or deflation using data The Department preliminarily export price (‘‘EP’’) for sales to the published in the IMF’s International determines that the following weight United States for Zhanjiang Regal Financial Statistics. The Department excluded from the surrogate country average margin exist during the period because the first sale to an unaffiliated July 16, 2004, through July 31, 2005: party was made before the date of import data used in the Department’s importation and the use of constructed calculations imports from Korea, Thailand, and Indonesia due to CERTAIN FROZEN WARMWATER EP was not otherwise warranted. The SHRIMP FROM THE PRC Department calculated EP based on the generally available export subsidies. See China Nat’l Mach. Import & Export price to unaffiliated purchasers in the Weighted–Average United States. Consistent with section Corp. v. United States, 293 F. Supp. 2d Exporter/Manufacturer Margin (Percent) 772(c) of the Act, as appropriate, the 1334 (CIT 2003), aff’d 104 Fed. Appx. Department deducted from the starting 183 (Fed. Cir. 2004) and Certain Cut–to- Zhanjiang Regal Inte- Length Carbon Steel Plate from grated Marine Re- price to the unaffiliated purchaser: sources Co., Ltd...... 0.00 foreign inland freight; brokerage and Romania: Notice of Final Results and Final Partial Rescission of Antidumping handling; and international freight. For Public Comment Zhanjiang Regal, foreign inland freight Duty Administrative Review, 70 FR 12651 (March 15, 2005) and and brokerage and handling were The Department will disclose to accompanying Issues and Decision provided by an NME vendor or paid for parties to this proceeding the Memorandum at Comment 4. using an NME currency. Thus, the calculations performed in reaching the Furthermore, the Department preliminary results within ten days of Department based the deduction of disregarded prices from NME countries. the date of announcement of these these movement charges on surrogate Finally, imports that were labeled as preliminary results. An interested party values. See Memorandum from Javier originating from an ‘‘unspecified’’ may request a hearing within 30 days of Barrientos, AD/CVD Financial Analyst, country were excluded from the average publication of these preliminary results. through Alex Villanueva, Program value, because the Department could See 19 CFR 351.310(c). Interested Manager, Office 9, to the File; New not be certain that they were not from parties may submit written comments Shipper Review of Certain Frozen either an NME or a country with general (case briefs) within 30 days of Warmwater Shrimp from the People’s export subsidies. Finally, the publication of the preliminary results Republic of China: Surrogate Values for Department converted the surrogate and rebuttal comments (rebuttal briefs), the Preliminary Results, dated June 27, values to U.S. dollars as appropriate, which must be limited to issues raised 2006 (‘‘Surrogate Values Memo’’) for using the official exchange rate recorded in the case briefs, within five days after details regarding the surrogate values for on the date of sale of subject the time limit for filing case briefs. See movement expenses. For international merchandise in this case, obtained from 19 CFR 351.309(c)(1)(ii) and 19 CFR freight, provided by a non–market Import Administration’s website at 351.309(d). Parties who submit economy provider, but paid for in U.S. http://www.ia.ita.doc.gov/exchange/ arguments are requested to submit with dollars, the Department based the index.html. For further detail, see the the argument: (1) a statement of the deduction on a surrogate value. Surrogate Values Memo. issues; (2) a brief summary of the

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argument; and (3) a table of authorities. deposit rate will be the rate established respondent interested parties, the Further, the Department requests that in the final results of this review, except Department conducted expedited (120- parties submitting written comments that no cash deposit will be required if day) sunset reviews. See section provide the Department with a diskette the cash deposit rate calculated in the 751(c)(3)(B) of the Act. As a result of containing the public version of those final results is zero or de minimis; and these sunset reviews, the Department comments. Unless the deadline is (2) for subject merchandise exported by finds that revocation of the antidumping extended pursuant to section Zhanjiang Regal but not manufactured duty orders would be likely to lead to 751(a)(3)(A) of the Act, the Department by itself, the cash deposit rate will continuation or recurrence of dumping will issue the final results of this new continue to be the at the levels listed in the ‘‘Final Results shipper review, including the results of PRC–wide rate (i.e., 112.81 percent); of Reviews’’ section below. the Department’s analysis of the issues and (3) for subject merchandise EFFECTIVE DATE: July 6, 2006. raised by the parties in their comments, produced by Zhanjiang Regal but not FOR FURTHER INFORMATION CONTACT: Zev within 120 days of publication of these exported by itself, the cash deposit rate Primor or Kristin Case, AD/CVD preliminary results. The assessment of will be the rate applicable to the Operations, Office 5, Import antidumping duties on entries of exporter. These requirements, when Administration, International Trade merchandise covered by this review and imposed, shall remain in effect until Administration, U.S. Department of future deposits of estimated duties shall publication of the final results of the Commerce, 14th Street & Constitution be based on the final results of this next administrative review. Avenue, NW, Washington, DC 20230; review. Notification to Importers telephone: (202) 482–4114 or (202) 482– Assessment Rates This notice serves as a preliminary 3174. reminder to importers of their SUPPLEMENTARY INFORMATION: Upon issuing the final results of the responsibility under 19 CFR review, the Department shall determine, 351.402(f)(2) to file a certificate Background and CBP shall assess, antidumping regarding the reimbursement of On March 1, 2006, the Department of duties on all appropriate entries. The antidumping duties prior to liquidation Department will issue appropriate Commerce (the Department) initiated of the relevant entries during this the second sunset reviews of the appraisement instructions for the review period. Failure to comply with companies subject to this review antidumping duty orders on stainless this requirement could result in the steel bar (SSB) from Brazil, India, Japan, directly to CBP within 15 days of Secretary’s presumption that publication of the final results of this and Spain pursuant to section 751(c) of reimbursement of antidumping duties review. Pursuant to 19 CFR the Tariff Act of 1930, as amended (the occurred and the subsequent assessment 351.212(b)(1), the Department will Act). See Initiation of Five-year of double antidumping duties. calculate importer–specific ad valorem (‘‘Sunset’’) Reviews, 71 FR 10476 This new shipper review and notice duty assessment rates based on the ratio (March 1, 2006). The Department are in accordance with sections of the total amount of the dumping received a notice of intent to participate 751(a)(1), 751(a)(2)(B), and 777(i) of the margins calculated for the examined from Carpenter Technology Corp., Act and 19 CFR 351.214(h)(i). sales to the total entered value of those Crucible Specialty Metals Division of same sales. The Department will Dated: June 27, 2006. Crucible Materials Corp., Electralloy instruct CBP to assess antidumping David M. Spooner, Corp., North American Stainless, duties on all appropriate entries covered Assistant Secretaryfor Import Administration. Universal Stainless & Alloy Products, by this review if any importer–specific [FR Doc. E6–10565 Filed 7–5–06; 8:45 am] Inc., and Valbruna Slater Stainless, Inc. assessment rate calculated in the final BILLING CODE 3510–DS–S (collectively the domestic interested results of this review is above de parties), within the deadline specified minimis. in 19 CFR 351.218(d)(1)(i) pertaining to DEPARTMENT OF COMMERCE sunset reviews. The domestic interested Cash Deposit Requirements parties claimed interested–party status Upon completion of this review, the International Trade Administration under section 771(9)(C) of the Act as Department will require cash deposits at manufacturers of a domestic like the rate established in the final results [A–351–825, A–533–810, A–588–833, A–469– 805] product in the United States. We as further described below. received complete substantive responses Bonding will no longer be permitted Stainless Steel Bar from Brazil, India, from the domestic interested parties to fulfill security requirements for Japan, and Spain; Final Results of the within the 30-day deadline specified in shipments of certain frozen warmwater Expedited Sunset Reviews of the 19 CFR 351.218(d)(3)(i). We received no shrimp from the PRC produced and Antidumping Duty Orders responses from the respondent exported by Zhanjiang Regal that are interested parties. As a result, pursuant entered, or withdrawn from warehouse, AGENCY: Import Administration, to section 751(c)(3)(B) of the Act and 19 for consumption on or after the International Trade Administration, CFR 351.218(e)(1)(ii)(C)(2), the publication date of the final results of Department of Commerce. Department has conducted expedited this new shipper review. See 19 CFR SUMMARY: On March 1, 2006, the (120-day) sunset reviews of these orders. § 351.214(e). The following cash deposit Department of Commerce initiated the requirements will be effective upon second sunset reviews of the Scope of the Orders publication of the final results of this antidumping duty orders on stainless Imports covered by these orders are new shipper review for all shipments of steel bar from Brazil, India, Japan, and shipments of SSB. SSB means articles of subject merchandise from Zhanjiang Spain pursuant to section 751(c) of the stainless steel in straight lengths that Regal entered, or withdrawn from Tariff Act of 1930, as amended. On the have been either hot–rolled, forged, warehouse, for consumption on or after basis of a notice of intent to participate turned, cold–drawn, cold–rolled or the publication date: (1) For subject and adequate substantive responses otherwise cold–finished, or ground, merchandise manufactured and filed on behalf of domestic interested having a uniform solid cross section exported by Zhanjiang Regal, the cash parties and no responses received from along their whole length in the shape of

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circles, segments of circles, ovals, of flat–rolled products), and angles, Decision Memorandum include the rectangles (including squares), triangles, shapes, and sections. likelihood of continuation or recurrence hexagons, octagons, or other convex The SSB subject to these orders is of dumping and the magnitude of the polygons. SSB includes cold–finished currently classifiable under subheadings margins likely to prevail if the orders SSBs that are turned or ground in 7222.11.00.05, 7222.11.00.50, were to be revoked. Parties can find a straight lengths, whether produced from 7222.19.00.05, 7222.19.00.50, complete discussion of all issues raised hot–rolled bar or from straightened and 7222.20.00.05, 7222.20.00.45, in these reviews and the corresponding cut rod or wire, and reinforcing bars that 7222.20.00.75, and 7222.30.00.00 of the recommendations in this public have indentations, ribs, grooves, or Harmonized Tariff Schedule of the memorandum which is on file in room other deformations produced during the United States (HTSUS). Although the B–099 of the main Commerce building. rolling process. HTSUS subheadings are provided for In addition, a complete version of the convenience and customs purposes, our Issues and Decision Memorandum can Except as specified above, the term written description of the scope of these be accessed directly on the Web at does not include stainless steel semi– orders is dispositive. http://ia.ita.doc.gov/frn. The paper copy finished products, cut length flat–rolled and electronic version of the Issues and Analysis of Comments Received products (i.e., cut length rolled products Decision Memorandum are identical in which if less than 4.75 mm in thickness All issues raised in these reviews are content. have a width measuring at least 10 times addressed in the Issues and Decision the thickness, or if 4.75 mm or more in Memorandum from Stephen J. Claeys, Final Results of Reviews thickness having a width which exceeds Deputy Assistant Secretary for Import We determine that revocation of the 150 mm and measures at least twice the Administration, to David M. Spooner, antidumping duty orders on SSB from thickness), wire (i.e., cold–formed Assistant Secretary for Import Brazil, India, Japan, and Spain would be products in coils, of any uniform solid Administration, dated June 29, 2006, likely to lead to continuation or cross section along their whole length, which is hereby adopted by this notice. recurrence of dumping at the following which do not conform to the definition The issues discussed in the Issues and weighted–average percentage margins:

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

Brazil. Acos Villares, S.A...... 19.43 percent ad valorem All Others ...... 19.43 percent ad valorem India. Grand Foundry, Ltd...... 3.87 percent ad valorem Mukand, Ltd...... 21.02 percent ad valorem All Others ...... 12.45 percent ad valorem Japan. Aichi Steel Works, Ltd...... 61.47 percent ad valorem Daido Steel Co., Ltd...... 61.47 percent ad valorem Sanyo Special Steel Co., Ltd...... 61.47 percent ad valorem All Others ...... 61.47 percent ad valorem Spain. Acenor, S.A. (and all successor companies, including Digeco, S.A. and Clorimax, SRL) ...... 62.85 percent ad valorem Roldan, S.A...... 7.72 percent ad valorem All Others ...... 25.77 percent ad valorem

This notice also serves as the only DEPARTMENT OF COMMERCE conducting new shipper reviews of the reminder to parties subject to antidumping duty order on wooden administrative protective orders (APO) International Trade Administration bedroom furniture from the People’s of their responsibility concerning the Republic of China (‘‘PRC’’). The period [A–570–890] return or destruction of proprietary of review (‘‘POR’’) is June 24, 2004, information disclosed under APO in Wooden Bedroom Furniture from the through June 30, 2005. accordance with 19 CFR 351.305. People’s Republic of China: We have preliminarily determined Timely notification of the return or Preliminary Results of 2004–2005 that sales have been made below normal destruction of APO materials or Semi–Annual New Shipper Reviews value (‘‘NV’’) by Kunyu and conversion to judicial protective orders and Notice of Final Rescission of One Meikangchi. However, we have also is hereby requested. Failure to comply New Shipper Review preliminarily determined that sales have with the regulations and terms of an not been made below normal value by APO is a violation which is subject to AGENCY: Import Administration, Landmark. If these preliminary results sanction. International Trade Administration, are adopted in our final results of these We are issuing and publishing these Department of Commerce. reviews, we will instruct U.S. Customs results and notice in accordance with SUMMARY: In response to requests from and Border Protection (‘‘CBP’’) to assess sections 751(c), 752, and 777(i)(1) of the Shenyang Kunyu Wood Industry Co., antidumping duties on entries of subject Act. Ltd. (‘‘Kunyu’’), Dongguan Landmark merchandise during the POR for which Furniture Products Ltd. (‘‘Landmark’’), the importer–specific assessment rates Dated: June 27, 2006. Meikangchi (Nantong) Furniture are above de minimis. Additionally, we David M. Spooner, Company Ltd. (‘‘Meikangchi’’), and have rescinded the new shipper review Assistant Secretaryfor Import Administration. WBE Industries (Hui–Yang) Co., Ltd. for WBE. [FR Doc. E6–10479 Filed 7–5–06; 8:45 am] (‘‘WBE’’), the U.S. Department of We invite interested parties to BILLING CODE 3510–DS–S Commerce (‘‘the Department’’) is comment on these preliminary results.

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Parties who submit comments are verification of the questionnaire particle board, and fiberboard, with or requested to submit with each argument responses submitted by Kunyu, without wood veneers, wood overlays, a statement of the issue and a brief Landmark, Meikangchi, and WBE. or laminates, with or without non–wood summary of the argument. We will issue On February 28, 2006, we extended components or trim such as metal, the final results no later than 90 days the deadline for the issuance of the marble, leather, glass, plastic, or other from the date of publication of this preliminary results of these new shipper resins, and whether or not assembled, notice. reviews until June 26, 2006. See completed, or finished. Wooden Bedroom Furniture from the The subject merchandise includes the EFFECTIVE DATE: July 6, 2006. People’s Republic of China: Extension of following items: (1) wooden beds such FOR FURTHER INFORMATION CONTACT: Time Limit for the Preliminary Results as loft beds, bunk beds, and other beds; Michael Holton or Eugene Degnan, AD/ of New Shipper Reviews, 71 FR 10010 (2) wooden headboards for beds CVD Operations, Office 8, Import (February 28, 2006). (whether stand–alone or attached to side Administration, International Trade On June 5, 2006, the Department rails), wooden footboards for beds, Administration, U.S. Department of preliminarily determined to rescind the wooden side rails for beds, and wooden Commerce, 14th Street and Constitution new shipper review of WBE based on canopies for beds; (3) night tables, night Avenue, NW, Washington, DC 20230; evidence that WBE exported subject stands, dressers, commodes, bureaus, telephone: (202) 482–1324 and (202) merchandise during the period of mule chests, gentlemen’s chests, 482–0414, respectively. investigation and, therefore, does not bachelor’s chests, lingerie chests, SUPPLEMENTARY INFORMATION: meet the requirements for initiation of a wardrobes, vanities, chessers, Background new shipper review pursuant to 19 CFR chifforobes, and wardrobe–type 351.214(a) and (b). See Memorandum cabinets; (4) dressers with framed glass The Department published an from Wendy J. Frankel, Director Office mirrors that are attached to, antidumping duty order on wooden 8 to Stephen J. Claeys, Deputy Assistant incorporated in, sit on, or hang over the bedroom furniture from the PRC on Secretary for Import Administration, dresser; (5) chests–on-chests2, January 4, 2005. See Notice of Amended Wooden Bedroom Furniture from The highboys3, lowboys4, chests of drawers5, Final Determination of Sales at Less People’s Republic of China: Intent to chests6, door chests7, chiffoniers8, Than Fair Value and Antidumping Duty Rescind the New Shipper Review of hutches9, and armoires10; (6) desks, Order: Wooden Bedroom Furniture from WBE Industries (Hui–Yang) Co., Ltd. computer stands, filing cabinets, book the People’s Republic of China, 70 FR WBE Rescission (‘‘WBE Rescission cases, or writing tables that are attached 329 (January 4, 2005). On July 8, 2005, Memo’’). On June 6, 2006, we issued a to or incorporated in the subject we received a timely request for a new letter to all interested parties requesting merchandise; and (7) other bedroom shipper review from Kunyu. On July 28, parties to provide comments on this furniture consistent with the above list. 2005, we received timely requests for issue by June 13, 2006, and rebuttal The scope of the order excludes the new shipper reviews from Landmark comments by June 16, 2006. Due to the following items: (1) seats, chairs, and Meikangchi. On August 1, 2005, we unexpected emergency closure of the benches, couches, sofas, sofa beds, received a timely request for a new main Commerce building on Monday, stools, and other seating furniture; (2) shipper review from WBE. Pursuant to June 26, 2006, the Department is issuing mattresses, mattress supports (including section 751(a)(2)(B) of the Tariff Act of these preliminary results on June 27, 1930, as amended (‘‘the Act’’), and 19 2006, the next business day. See Notice 2 A chest-on-chest is typically a tall chest-of- CFR 351.214(d)(1), we initiated the of Clarification: Application of ‘‘Next drawers in two or more sections (or appearing to be above–mentioned four new shipper Business Day’’ Rule for Administrative in two or more sections), with one or two sections reviews for shipments of wooden mounted (or appearing to be mounted) on a slightly Determination Deadlines Pursuant to larger chest; also known as a tallboy. bedroom furniture from the PRC. the Tariff Act of 1930, As Amended, 70 3 A highboy is typically a tall chest of drawers On September 8, 2005, the FR 24533 (May 10, 2005). usually composed of a base and a top section with Department published a notice of the drawers, and supported on four legs or a small chest initiation of the new shipper reviews of Period of Review (often 15 inches or more in height). Kunyu, Landmark, Meikangchi, and The POR is June 24, 2004, through 4 A lowboy is typically a short chest of drawers, not more than four feet high, normally set on short WBE. See Wooden Bedroom Furniture June 30, 2005. legs. from the People’s Republic of China; Scope of the Order 5 A chest of drawers is typically a case containing Initiation of New Shipper Reviews, 70 drawers for storing clothing. FR 53344 (September 8, 2005). The product covered by the order is 6 A chest is typically a case piece taller than it On September 22, 2005, we issued wooden bedroom furniture. Wooden is wide featuring a series of drawers and with or antidumping duty questionnaires to bedroom furniture is generally, but not without one or more doors for storing clothing. The piece can either include drawers or be designed as Kunyu, Landmark, Meikangchi, and exclusively, designed, manufactured, a large box incorporating a lid. WBE. In October and November 2005, and offered for sale in coordinated 7 A door chest is typically a chest with hinged we received responses to the groups, or bedrooms, in which all of the doors to store clothing, whether or not containing questionnaires from Kunyu, Landmark, individual pieces are of approximately drawers. The piece may also include shelves for Meikangchi, and WBE. From November the same style and approximately the televisions and other entertainment electronics. same material and/or finish. The subject 8 A chiffonier is typically a tall and narrow chest 2005 to April 2006, the Department of drawers normally used for storing undergarments issued supplemental questionnaires to merchandise is made substantially of and lingerie, often with mirror(s) attached. the respondents and received timely wood products, including both solid 9 A hutch is typically an open case of furniture responses. wood and also engineered wood with shelves that typically sits on another piece of On December 19, 2005, Petitioners1 products made from wood particles, furniture and provides storage for clothes. fibers, or other wooden materials such 10 An armoire is typically a tall cabinet or requested that the Department conduct wardrobe (typically 50 inches or taller), with doors, as plywood, oriented strand board, and with one or more drawers (either exterior below 1 The American Furniture Manufacturers or above the doors or interior behind the doors), Committee for Legal Trade and its individual United Steel Workers of America Local 193U; shelves, and/or garment rods or other apparatus for members and the Cabinet Makers, Millmen, and Carpenters Industrial Union Local 2093; and storing clothes. Bedroom armoires may also be used Industrial Carpenters Local 721; UBC Southern Teamsters, Chauffeurs, Warehousemen and Helpers to hold television receivers and/or other audio- Council of Industrial Workers Local Union 2305; Local 991 (‘‘Petitioners’’). visual entertainment systems.

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box springs), infant cribs, water beds, 7009.92.5000 of the HTSUS as ‘‘glass June 26, 2006. In addition, we have and futon frames; (3) office furniture, mirrors...framed.’’ This order covers all preliminarily determined that based on such as desks, stand–up desks, wooden bedroom furniture meeting the the information submitted, Kunyu, computer cabinets, filing cabinets, above description, regardless of tariff Landmark, and Meikangchi each made credenzas, and bookcases; (4) dining classification. Although the HTSUS their first sale and/or shipment of room or kitchen furniture such as dining subheadings are provided for subject merchandise to the United tables, chairs, servers, sideboards, convenience and customs purposes, the States during the POR, none exported buffets, corner cabinets, china cabinets, written description of the scope of this subject merchandise during the period and china hutches; (5) other non– proceeding is dispositive. of investigation, and none was affiliated bedroom furniture, such as television Rescission of Review with any exporter or producer that had cabinets, cocktail tables, end tables, previously shipped subject merchandise occasional tables, wall systems, book On June 5, 2006, the Department to the United States. Therefore, for cases, and entertainment systems; (6) preliminarily determined to rescind the purposes of these preliminary results of bedroom furniture made primarily of new shipper review of WBE based on wicker, cane, osier, bamboo or rattan; (7) evidence that WBE exported subject review, we are treating the respective side rails for beds made of metal if sold merchandise during the period of sales of wooden bedroom furniture to separately from the headboard and investigation and, therefore, does not the United States as appropriate footboard; (8) bedroom furniture in meet the requirements for initiation of a transactions to be examined in the which bentwood parts predominate11; new shipper review pursuant to 19 CFR context of these new shipper reviews. (9) jewelry armories12; (10) cheval 351.214(a) and (b). See WBE Rescission See Section 751 (a)(2)(B) of the Act and mirrors13 (11) certain metal parts14 (12) Memo. We requested comments on our 19 CFR 351.214(a); See also ‘‘Separate mirrors that do not attach to, preliminary rescission. The Department Rates’’; section below. did not receive any comments. incorporate in, sit on, or hang over a Verification of Responses dresser if they are not designed and Therefore, we are rescinding the new marketed to be sold in conjunction with shipper review of WBE based on As provided in section 782(i) of the a dresser as part of a dresser–mirror set. evidence that WBE exported subject Act, we verified information provided Imports of subject merchandise are merchandise during the period of by Kunyu, Landmark, and Meikangchi. investigation and, therefore, does not classified under statistical category We used standard verification meet the requirements for initiation of a 9403.50.9040 of the Harmonized Tariff procedures, including on–site new shipper review pursuant to our Schedule of the United States inspection of the manufacturers’ and (‘‘HTSUS’’) as ‘‘wooden...beds’’ and regulations. exporters’ facilities, and examination of under statistical category 9403.50.9080 New Shipper Status relevant sales and financial records. Our of the HTSUS as ‘‘other...wooden furniture of a kind used in the Consistent with our practice, we verification results are outlined in the bedroom.’’ In addition, wooden investigated whether the sales made by verification reports identified, the headboards for beds, wooden footboards Kunyu, Landmark, and Meikangchi for public versions of which are on file in for beds, wooden side rails for beds, and these new shipper reviews were bona the Central Records Unit (‘‘CRU’’), wooden canopies for beds may also be fide. See, e.g., Notice of Rescission of Room B–099 of the main Department entered under statistical category Antidumping Duty New Shipper Review: building. See Verification of Sales and 9403.50.9040 of the HTSUS as ‘‘parts of Honey from the People’s Republic of Factors of Production Reported by wood’’ and framed glass mirrors may China, 70 FR 59031 (October 11, 2005). Kunyu Wood Industry Co., Ltd. also be entered under statistical category For Kunyu, Landmark, and Meikangchi, (‘‘Kunyu’’) in the Antidumping Duty we found no evidence that the sale(s) in New Shipper Review of Wooden 11 As used herein, bentwood means solid wood question are not bona fide sale(s). In our Bedroom Furniture from the People’s made pliable. Bentwood is wood that is brought to examination of Kunyu, Landmark, and Republic of China, dated June 26, 2006 a curved shape by bending it while made pliable Meikangchi’s sales, we found the sales with moist heat or other agency and then set by (‘‘Kunyu Verification Report’’); cooling or drying. See Customs’ Headquarters’ prices to be within the range of POR Verification of Sales and Factors of Ruling Letter 043859, dated May 17, 1976. sales prices, and that these entities Production Reported by Dongguan 12 Any armoire, cabinet or other accent item for received timely payment for their POR Landmark Furniture Products Ltd. the purpose of storing jewelry, not to exceed 24’’ sales. Based on our investigation into (‘‘Landmark’’) in the Antidumping Duty in width, 18’’ in depth, and 49’’ in height, including the bona fide nature of the sales, the a minimum of 5 lined drawers lined with felt or New Shipper Review of Wooden questionnaire responses submitted by felt-like material, at least one side door lined with Bedroom Furniture from the People’s felt or felt-like material, with necklace hangers, and Kunyu, Landmark, and Meikangchi, and Republic of China, dated June 26, 2006; a flip-top lid with inset mirror. See Memorandum our verification thereof, we from Laurel LaCivita to Laurie Parkhill, Office preliminarily determine that Kunyu, Verification of Sales and Factors of Director, Issues and Decision Memorandum Production Reported by Meikangchi Concerning Jewelry Armoires and Cheval Mirrors in Landmark, and Meikangchi have met the Antidumping Duty Investigation of Wooden the requirements to qualify as new (Nantong) Furniture Company Ltd. Bedroom Furniture from the People’s Republic of shippers during the POR. See (‘‘Meikangchi’’) in the Antidumping China, dated August 31, 2004. Memorandum to Wendy J. Frankel, Duty New Shipper Review of Wooden 13 Cheval mirrors, i.e., any framed, tiltable mirror Bedroom Furniture from the People’s with a height in excess of 50’’ that is mounted on Office Director, Antidumping Duty New a floor-standing, hinged base. Shipper Reviews of the Antidumping Republic of China, dated June 26, 2006 14 Metal furniture parts and unfinished furniture Duty Order on Wooden Bedroom (‘‘Meikangchi Verification Report’’); and parts made of wood products (as defined above) Furniture from the People’s Republic of Verification of the Constructed Export that are not otherwise specifically named in this Sales Reported by Up Country in the scope (i.e., wooden headboards for beds, wooden China: Bona Fide Analysis of Shenyang footboards for beds, wooden side rails for beds, and Kunyu Wood Industry Co., Ltd. Antidumping Duty New Shipper Review wooden canopies for beds) and that do not possess (‘‘Kunyu’’), Dongguan Landmark of Wooden Bedroom Furniture from the the essential character of wooden bedroom Furniture Products Ltd. (‘‘Landmark’’), People’s Republic of China, dated June furniture in an unassembled, incomplete, or unfinished form. Such parts are usually classified and Meikangchi (Nantong) Furniture 26, 2006 (‘‘Up Country Verification in subheading 9403.90.7000, HTSUS. Company Ltd. (‘‘Meikangchi’’), dated Report’’).

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Surrogate Value Information from the People’s Republic of China Memorandum to the File, Antidumping On December 7, 2005, Landmark (PRC): Request for a List of Surrogate Duty New Shipper Review of Wooden submitted comments on the appropriate Countries, dated October 14, 2005, Bedroom Furniture from the People’s surrogate values (‘‘SV’’) to be applied to which is on file in the CRU. Republic of China: Selection of a On November 1, 2005, Meikangchi the factors of production (‘‘FOP’’) in this Surrogate Country, dated February 16, submitted comments regarding the 2006 (‘‘Surrogate Country review. On April 11, 2006, Petitioners selection of a surrogate country. Memorandum’’), which is on file in the submitted Indian financial statements Meikangchi argued that India is not an CRU. Thus, the Department has for determining financial ratios for this important producer of subject evaluated all parties’ concerns and review. No other party to the proceeding merchandise or comparable comments and has determined that provided comments on surrogate values merchandise. Meikangchi asserted that India is the appropriate surrogate or financial ratios during the course of India produces primarily furniture in country to use in these new shipper this review. the style indigenous to India. reviews. The Department based its Non–market Economy Country Status Meikangchi asserts that it is also an decision on the following facts: 1) India importer of wooden bedroom furniture In every case conducted by the is at a level of economic development through its U.S. affiliate, Up Country Department involving the PRC, the PRC comparable to that of the PRC; 2) India Inc., and, as an importer, it would not is a significant producer of comparable has been treated as a non–market consider India as a source for the subject merchandise; and, 3) India provides the economy (‘‘NME’’) country. In merchandise in this review. Meikangchi best opportunity to use quality, publicly accordance with section 771(18)(C)(i) of argued that India is known for textiles available data to value the FOPs. See the Act, any determination that a foreign and metal work, and has not Surrogate Country Memorandum. country is an NME country shall remain demonstrated the ability to manufacture Therefore, we have selected India as in effect until revoked by the the type of furniture under review. the surrogate country and, accordingly, administering authority. See Tapered Meikangchi asserts that of the countries we have calculated NV using Indian Roller Bearings and Parts Thereof, chosen by the Department as being at a prices to value the respondents’ FOPs, Finished and Unfinished, From the level of economic development when available and appropriate. We People’s Republic of China: Preliminary comparable to that of the PRC, have obtained and relied upon publicly Results 2001–2002 Administrative Indonesia is the most appropriate choice available information wherever Review and Partial Rescission of as a surrogate country. Meikangchi possible. See (‘‘Factor Valuation Review, 68 FR 7500 (February 14, 2003). argues that, although it has no evidence Memorandum’’). In accordance with 19 None of the parties to this proceeding to support its choice, in its experience CFR 351.301(c)(3)(ii), for the final has contested such treatment. as an importer, only Indonesia is results in an antidumping new shipper Accordingly, we calculated normal known, in the furniture industry, to review, interested parties may submit value (‘‘NV’’) in accordance with section produce large amounts of wooden publicly available information to value 773(c) of the Act, which applies to NME furniture. Therefore, Meikangchi stated FOPs within 20 days after the date of countries. that Indonesia is the best choice for a publication of these preliminary results. Surrogate Country surrogate country. On November 2, 2005, Petitioners Separate Rates When the Department is investigating provided comments and information15 In proceedings involving NME imports from an NME country, section regarding the selection of a surrogate countries, the Department begins with a 773(c)(1) of the Act directs it to base NV, country. Petitioners argue that India is rebuttable presumption that all in most circumstances, on the NME the appropriate surrogate country for the companies within the country are producer’s FOPs, valued in a surrogate PRC because India is at a level of subject to government control and, thus, market economy country or countries economic development comparable to should be assigned a single considered to be appropriate by the that of the PRC and is a significant antidumping duty deposit rate. It is the Department. In accordance with section producer of the subject merchandise. Department’s policy to assign all 773(c)(4) of the Act, in valuing the Additionally, Petitioners state that the exporters of merchandise subject to FOPs, the Department shall utilize, to Department has consistently used India review in an NME country this single the extent possible, the prices or costs as the surrogate for the PRC. Further, rate unless an exporter can demonstrate of FOPs in one or more market economy Petitioners argue that the size of the that it is sufficiently independent so as countries that are: (1) at a level of Indian furniture industry, the types of to be entitled to a separate rate. The economic development comparable to materials used by the Indian furniture three respondents (i.e., Kunyu, that of the NME country; and (2) industry, and the number of producers Landmark, and Meikangchi) have significant producers of comparable in the Indian furniture industry all make provided company–specific information merchandise. The sources of the SVs are India a significant producer of both and each has stated that it meets the discussed under the ‘‘Normal Value’’ identical and comparable merchandise. standards for the assignment of a section below and in the Memorandum No other party to the proceeding separate rate. to the File, Factors Valuations for the submitted comments or information We have considered whether each of Preliminary Results of the New Shipper concerning the selection of a surrogate the three companies referenced above is Reviews, dated June 26, 2006 (‘‘Factor country. eligible for a separate rate. The Valuation Memorandum’’), which is on On February 16, 2006, the Department Department’s separate–rate test to file in the CRU. issued its surrogate country determine whether the exporters are The Department has determined that memorandum in which we addressed independent from government control India, Indonesia, Sri Lanka, the both interested parties comments. See does not consider, in general, Philippines, and Egypt are countries macroeconomic/border–type controls, comparable to the PRC in terms of 15 See Petitioners’ submission dated November 2, e.g., export licenses, quotas, and economic development. See 2005, ‘‘Antidumping Duty New Shipper Review of minimum export prices, particularly if Wooden Bedroom Furniture from The Peoples’s Memorandum to the File, New Shipper Republic of China/Comments on Selection of these controls are imposed to prevent Reviews of Wooden Bedroom Furniture Surrogate Country.’’ dumping. The test focuses, rather, on

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controls over the investment, pricing, subject to de facto government control demonstrates an absence of government and output decision–making process at of its export functions: (1) whether the control, both in law and in fact, with the individual firm level. See, e.g., exporter sets its own export prices respect to Kunyu’s exports of the Certain Cut–to-Length Carbon Steel independent of the government and merchandise under review. As a result, Plate from Ukraine: Final Determination without the approval of a government for the purposes of these preliminary of Sales at Less than Fair Value, 62 FR authority; (2) whether the respondent results, the Department is granting a 61754, 61758 (November 19, 1997); and has the authority to negotiate and sign separate, company–specific rate to Tapered Roller Bearings and Parts contracts, and other agreements; (3) Kunyu, the exporter which shipped the Thereof, Finished and Unfinished, from whether the respondent has autonomy subject merchandise to the United the People’s Republic of China: Final from the government in making States during the POR. Results of Antidumping Duty decisions regarding the selection of its Landmark Administrative Review, 62 FR 61276, management; and (4) whether the 61279 (November 17, 1997). respondent retains the proceeds of its Landmark placed on the record To establish whether a firm is export sales and makes independent statements and documents to sufficiently independent from decisions regarding disposition of demonstrate absence of de jure control. government control of its export profits or financing of losses. In its questionnaire responses, activities to be entitled to a separate Landmark reported that it does not have rate, the Department analyzes each Kunyu any relationship with the central, entity exporting the subject Kunyu placed on the record provincial, or local governments with merchandise under a test arising from statements and documents to respect to ownership, internal the Final Determination of Sales at Less demonstrate absence of de jure control. management, and daily business Than Fair Value: Sparklers from the In its questionnaire responses, Kunyu operations. See Landmark’s October 13, People’s Republic of China, 56 FR 20588 reported that it does not have any 2005, Section A questionnaire response (May 6, 1991) (‘‘Sparklers’’), as relationship with the central, provincial, (‘‘Landmark AQR’’). Landmark amplified by Final Determination of or local governments. See Kunyu’s submitted a copy of its business license. Sales at Less Than Fair Value: Silicon October 18, 2005, Section A Landmark reported that the subject Carbide from the People’s Republic of questionnaire response (‘‘Kunyu AQR’’). merchandise did not appear on any China, 59 FR 22585 (May 2,1994). In Kunyu submitted a copy of its business government list regarding export accordance with the separate–rates license and stated it is renewed provisions or export licensing, and the criteria, the Department assigns separate annually and The Bureau of Industry subject merchandise is not subject to rates in NME cases only if respondents and Commerce examines the license export quotas. See Landmark AQR. can demonstrate the absence of both de yearly. Kunyu reported that the subject Landmark explained that the license jure and de facto government control merchandise did not appear on any imposes no other limitations on over export activities. government list regarding export Landmark, nor grants any entitlements provisions or export licensing, and the to the company by its license. Through 1. Absence of De Jure Control subject merchandise is not subject to the questionnaire responses, we The Department considers the export quotas. See Kunyu AQR. Kunyu examined the related laws and following de jure criteria in determining explained that the license imposes no Landmark’s business license and whether an individual company may be other limitations on Kunyu, nor grants preliminarily determine that they granted a separate rate: (1) an absence of any entitlements to the company by its demonstrate the absence of de jure restrictive stipulations associated with license. Through the questionnaire control over the export activities and an individual exporter’s business and responses, we examined each of the evidence in favor of the absence of export licenses; (2) any legislative related laws and Kunyu’s business government control associated with enactments decentralizing control of license and preliminarily determine that Landmark’s business license. companies; and (3) other formal they demonstrate the absence of de jure In support of an absence of de facto measures by the government control over the export activities and control, Landmark reported the decentralizing control of companies. See evidence in favor of the absence of following: (1) During the POR, Sparklers, 56 FR at 20589. government control associated with Landmark explained that it sold the Kunyu’s business license. subject merchandise in the United 2. Absence of De Facto Control In support of an absence of de facto States directly to unaffiliated U.S. Through previous cases, the control, Kunyu reported the following: customers; (2) Landmark explained that Department has learned that certain (1) During the POR, Kunyu explained its sales prices are not subject to the enactments of the PRC central that it sold the subject merchandise in review or approval of any organization government have not been implemented the United States directly to unaffiliated outside the company; (3) Landmark is uniformly among different sectors and/ U.S. customers. The prices are not not required to notify any government or jurisdictions in the PRC. See Final subject to review by, or guidance from, authorities of its management selection; Determination of Sales at Less Than any other entity, including any and (4) Landmark is free to spend its Fair Value: Certain Preserved government organization; (2) Kunyu export revenues and its profit can be Mushrooms from the People’s Republic explained that its sales transactions are used for any lawful purpose. See of China, 63 FR 72255 (December 31, not subject to the review or approval of Landmark AQR. 1998). Therefore, the Department has any organization outside the company; The evidence placed on the record of determined that an analysis of de facto (3) Kunyu is not required to notify any this new shipper review by Landmark control is critical in determining government authorities of its demonstrates an absence of government whether respondents are, in fact, subject management selection; and (4) Kunyu is control, both in law and in fact, with to a degree of government control which free to spend its export revenues and its respect to Landmark’s exports of the would preclude the Department from profit can be used for any lawful merchandise under review. As a result, assigning separate rates. The purpose. See Kunyu AQR. for the purposes of these preliminary Department considers four factors in The evidence placed on the record of results, the Department is granting a evaluating whether each respondent is this new shipper review by Kunyu separate, company–specific rate to

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Landmark, the exporter which shipped the subject merchandise to the United it maintain inventory withdrawal the subject merchandise to the United States during the POR. documentation or production records States during the POR. that allow for per–unit or product– Facts Available specific allocation of gross Meikangchi Section 776(a)(1) and (2) of the Act consumption. Additionally, based on Meikangchi placed on the record provides that the Department shall Kunyu’s responsiveness and statements and documents to apply ‘‘facts otherwise available’’ where cooperation at verification, and relying demonstrate absence of de jure control. necessary information is not on the on the Department’s experience in In its questionnaire responses, record or an interested party or any examining other furniture companies, it Meikangchi reported that it does not other person (A) withholds information is evident that Kunyu has not benefitted have any relationship with the central, that has been requested, (B) fails to from its reported consumption rates. provincial, or local governments. See provide information within the Further, in its responses and at Meikangchi’s October 12, 2005, Section deadlines established, or in the form verification, the Department observes A questionnaire response (‘‘Meikangchi and manner requested by the that Kunyu has made every effort to act AQR’’). Meikangchi submitted a copy of Department, subject to subsections (c)(1) to the best of its ability and to provide its business license and stated it is and (e) of section 782, (C) significantly the Department with the requested renewed annually and the Industrial impedes a proceeding, or (D) provides information. Kunyu is a pro se and Commerical Administration Bureau information that cannot be verified as respondent previously unfamiliar with of Nantong, Jiangsu Province examines provided by section 782(i) of the Act. our proceedings. We note, however, that the license yearly. Meikangchi reported Where the Department determines in future reviews of this proceeding, all that the subject merchandise did not that a response to a request for respondents, including Kunyu, must information does not comply with the appear on any government list regarding comply with all requests for information request, section 782(d) of the Act export provisions or export licensing, by the Department, and therefore, provides that the Department shall so and the subject merchandise is not should maintain the appropriate books inform the party submitting the subject to export quotas. See and records to comply with these response and shall, to the extent Meikancghi AQR. Meikancghi explained requests and should provide the practicable, provide that party the that the license imposes no other requisite supporting documentation. If opportunity to remedy or explain the limitations on Meikancghi, nor grants respondents are unable to comply with deficiency. If the party fails to remedy any entitlements to the company by its such requests in the future, the the deficiency within the applicable license. Through the questionnaire Department may resort to the use of time limits, subject to section 782(e) of adverse facts available if appropriate. responses, we examined each of the the Act, the Department may disregard related laws and Meikancghi’s business For the above reasons and pursuant to all or part of the original and subsequent section 776(a)(1)(D) of the Act, we have license and preliminarily determine that responses, as appropriate. Section they demonstrate the absence of de jure resorted to the facts otherwise available 782(e) of the Act provides that the to determine the consumption rates for control over the export activities and Department ‘‘shall not decline to evidence in favor of the absence of certain inputs. The Department finds consider information that is submitted that Kunyu acted to the best of its ability government control associated with by an interested party and is necessary Meikangchi’s business license. in complying with the Department’s to the determination but does not meet numerous requests for information. In support of an absence of de facto all applicable requirements established Thus, we find an adverse inference is control, Meikangchi reported the by the administering authority’’ if the not warranted for the consumption rates following: (1) During the POR, information is timely, can be verified, is for the above inputs pursuant to section Meikangchi explained that it sold the not so incomplete that it cannot be used, 776(b) of the Act. The Department is subject merchandise in the United and if the interested party acted to the applying facts available for birchwood, States through its U.S. affiliated best of its ability in providing the plywood, woodscrews, dowels, glue, company, Up Country, Inc. The prices information. Where all of these finishes, drawerslides, sandpaper, are not subject to review by, or guidance conditions are met, the statute requires boxes, package paper, and tape. As facts from, any other entity, including any the Department to use the information if available, we are using the reported government organization; (2) it can do so without undue difficulties. information obtained at verification for Meikangchi explained that it set its sales We have determined that the use of each of the above inputs. See prices and they are not subject to the facts available is warranted for Kunyu’s Memorandum to the file from Michael review or approval of any organization consumption rates for certain FOPs in Holton, Case Analyst, through Robert outside the company; (3) Meikangchi is the determination of NV. During Bolling, Program Manager, Preliminary not required to notify any government Kunyu’s FOP verification, we Results of New Shipper Review of authorities of its management selection; determined that Kunyu was unable to Wooden Bedroom Furniture from the and (4) Meikangchi is free to spend its wholly reproduce its total consumption People’s Republic of China: Program export revenues and its profit can be of certain inputs that it had provided in Analysis for the Preliminary Results of used for any lawful purpose. See its questionnaire responses. See Kunyu Review: Shenyang Kunyu Wood Meikangchi AQR. Verification Report. However, most Industry Co., Ltd. (‘‘Kunyu’’), dated June The evidence placed on the record of consumption rates obtained at 26, 2006, (‘‘Kunyu Prelim Analysis this new shipper review by Meikangchi verification were close to the Memorandum’’). demonstrates an absence of government consumption rates Kunyu reported in its control, both in law and in fact, with responses, with certain differences Date of Sale respect to Meikangchi’s exports of the appearing to be due to rounding errors. Section 351.401(i) of the Department’s merchandise under review. As a result, Also, due to Kunyu’s small size and regulations provides that the for the purposes of these preliminary rudimentary factory operations, the Department will normally use the date results, the Department is granting a company explained that it does not of invoice, as recorded in the exporter separate, company–specific rate to maintain product–specific records or producer’s records kept in the normal Meikangchi, the exporter which shipped reflecting gross consumption, nor does course of business, as the date of sale of

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the subject merchandise. However, the its affiliated company in the United the United States. Finally, we Department may use a date other than States, which in turn sold subject determined and deducted CEP profit in the date of invoice if it is satisfied that merchandise to unaffiliated U.S. accordance with sections 772(f) and a different date better reflects the date customers. 772(d)(3) of the Act. See the proprietary on which the exporter or producer We compared NV to individual EP discussion of these issues in the establishes the material terms of sale. 19 and CEP transactions, in accordance Memorandum from Michael Holton, CFR 351.401(i); see also Allied Tube with section 777A(d)(2) of the Act. Case Analyst, through Robert Bolling, and Conduit Corp. v. United States, 132 Kunyu Program Manager, to the File, F. Supp. 2d 1087, 1090 (CIT 2001). Preliminary Results of New Shipper After examining the questionnaire For Kunyu’s EP sales, we based the EP Review of Wooden Bedroom Furniture responses and the sales documentation on delivered prices to unaffiliated from the People’s Republic of China: that Kunyu, Landmark, and Meikangchi purchasers in the United States. In Program Analysis for the Preliminary placed on the record, we preliminarily accordance with section 772(c)(2)(A) of Results of Review: Meikangchi determine that invoice date is the most the Act, we made deductions from the (Nantong) Furniture Company Ltd. appropriate date of sale for Kunyu, starting price for movement expenses. (‘‘Meikangchi’’), dated June 26, 2006 Landmark, and Meikangchi. We made Movement expenses include expenses (‘‘Meikangchi Prelim Analysis this determination based on record for foreign inland freight from the plant Memorandum’’). evidence which demonstrates that to the port of exportation, domestic At verification, we found that Up Kunyu, Landmark, and Meikangchi’s brokerage and handling, international Country (Meikangchi’s U.S. affiliate) invoices establish the material terms of freight and marine insurance. See the incorrectly calculated its indirect selling sale to the extent required by our proprietary discussion of this issue in expenses by limiting its numerator of regulations. the Kunyu Prelim Analysis selling expenses to only a few expenses Memorandum. and by applying an incorrect Normal Value Comparisons Landmark denominator. See Up Country To determine whether sales of Verification Report. Thus, for the wooden bedroom furniture to the For Landmark’s EP sales, we based preliminary results, we have United States by Kunyu, Landmark, and the EP on delivered prices to recalculated indirect selling expenses Meikangchi were made at less than NV, unaffiliated purchasers in the United based on information from Up Country’s we compared export price (‘‘EP’’) or States. In accordance with section verification. See Meikangchi Prelim constructed export price (‘‘CEP’’) to NV, 772(c)(2)(A) of the Act, we made Analysis Memorandum. as described in the ‘‘Export Price,’’ deductions from the starting price for As all foreign inland freight and ‘‘Constructed Export Price’’ and movement expenses. Movement foreign brokerage and handling ‘‘Normal Value’’ sections of this notice. expenses include expenses for foreign expenses (where applicable) were inland freight from the plant to the port provided by PRC service providers or Export Price of exportation, and domestic brokerage paid for in renminbi, we valued these In accordance with section 772(a) of and handling. See the proprietary services using Indian SVs (see ‘‘Factor the Act, EP is the price at which the discussion of this issue in the Valuations’’ section below for further subject merchandise is first sold (or Memorandum from Eugene Degnan, discussion). See Factor Valuation agreed to be sold) before the date of Case Analyst, through Robert Bolling, Memorandum. importation by the producer or exporter Program Manager, to the File, of the subject merchandise outside of Preliminary Results of New Shipper Normal Value the United States to an unaffiliated Review of Wooden Bedroom Furniture Section 773(c)(1) of the Act provides purchaser in the United States or to an from the People’s Republic of China: that the Department shall determine the unaffiliated purchaser for exportation to Program Analysis for the Preliminary NV using a FOP methodology if: (1) the the United States, as adjusted under Results of Review: Dongguan Landmark merchandise is exported from an NME section 772(c) of the Act. In accordance Furniture Products Ltd. (‘‘Landmark’’), country; and (2) the information does with section 772(a) of the Act, we used dated June 26, 2006. not permit the calculation of NV using EP for Kunyu and Landmark’s U.S. sales home–market prices, third–country Meikangchi because the subject merchandise was prices, or constructed value under sold directly to the unaffiliated For Meikangchi’s CEP sales, we based section 773(a) of the Act. When customers in the United States prior to the CEP on delivered prices to determining NV in an NME context, the importation and because CEP was not unaffiliated purchasers in the United Department will base NV on FOP, otherwise indicated. States. In accordance with section because the presence of government 772(c)(2)(A) of the Act, we made controls on various aspects of these Constructed Export Price deductions from the starting price for economies renders price comparisons In accordance with section 772(b) of movement expenses. Movement and the calculation of production costs the Act, CEP is the price at which the expenses include expenses for foreign invalid under our normal subject merchandise is first sold (or inland freight from the plant to the port methodologies. Under section 772(c)(3) agreed to be sold) in the United States of exportation, domestic brokerage and of the Act, FOP include but are not before or after the date of importation by handling, international freight, marine limited to: (1) hours of labor required; or for the account of the producer or insurance, U.S. brokerage and handling, (2) quantities of raw materials exporter of such merchandise or by a U.S. duty, and inland freight from the employed; (3) amounts of energy and seller affiliated with the producer or warehouse to the unaffiliated U.S. other utilities consumed; and (4) exporter, to a purchaser not affiliated customer. In accordance with section representative capital costs. We used with the producer or exporter, as 772(d)(1) of the Act, the Department FOP reported by respondents for adjusted under sections 772(c) and (d). additionally deducted credit expenses, materials, energy, labor and packing. In accordance with section 772(b) of the inventory carrying costs and indirect In accordance with 19 CFR Act, we used CEP for Meikangchi’s sales selling expenses from the U.S. price, all 351.408(c)(1), the Department will because it sold subject merchandise to of which relate to commercial activity in normally use publicly available

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information to value FOPs, but when a 1. In avoiding the use of prices that may accordance with section 773(c)(1) of the producer sources an input from a be subsidized the Department does not Act, the Department’s practice is to market economy and pays for it in conducte a formal investigation to select, to the extent practicable, market–economy currency, the ensure that such prices are not surrogate values which are non–export Department will normally value the subsidized. See also H.R. Rep. 100–576, average values, most contemporaneous factor using the actual price paid for the at 590 (1988), reprinted in 1988 with the POR, product–specific, and input. See 19 CFR 351.408(c)(1); see U.S.C.C.A.N. 1547, 1623–24. Rather, the tax–exclusive. See, e.g., Notice of also Lasko Metal Products, Inc. v. Department bases its decision on Preliminary Determination of Sales at United States, 43 F.3d 1442, 1446 (Fed. information that is available to it at the Less Than Fair Value, Negative Cir. 1994). However, when the time of its determination. Id. Preliminary Determination of Critical Department has reason to believe or Accordingly, we have not used prices Circumstances and Postponement of suspect that such prices may be from Indonesia, South Korea and Final Determination: Certain Frozen distorted by subsidies, the Department Thailand in calculating the Indian and Canned Warmwater Shrimp From will disregard the NME purchase prices import–based SVs. the Socialist Republic of Vietnam, 69 FR and use SVs to determine the NV. See Factor Valuations 42672, 42682 (July 16, 2004), unchanged Tapered Roller Bearings and Parts in Final Determination of Sales at Less Thereof, Finished and Unfinished, From In accordance with section 773(c) of Than Fair Value: Certain Frozen and the People’s Republic of China; Final the Act, we calculated NV based on Canned Warmwater Shrimp From the Results of the 1998–1999 Administrative FOPs reported by respondents for the Socialist Republic of Vietnam, 69 FR Review, Partial Rescission of Review, POR. To calculate NV, we multiplied 71005 (December 8, 2004). the reported per–unit factor quantities and Determination Not to Revoke Order Where we could not obtain publicly by publicly available Indian SVs (except in Part, 66 FR 1953 (January 10, 2001) available information contemporaneous as noted below). In selecting the (‘‘TRBs 1998–1999’’), and accompanying with the POR with which to value surrogate values, we considered the Issues and Decision Memorandum at factors, we adjusted the SVs using, quality, specificity, and Comment 1. where appropriate, the Indian contemporaneity of the data. As It is the Department’s consistent Wholesale Price Index as published in appropriate, we adjusted input prices by practice that, where the facts developed the International Financial Statistics of including freight costs to make them in the United States or third–country the International Monetary Fund. See delivered prices. Specifically, we added countervailing duty findings include the Factor Valuation Memorandum; see existence of subsidies that appear to be to Indian import SVs a surrogate freight also Tapered Roller Bearings and Parts used generally (in particular, broadly cost using the shorter of the reported Thereof, Finished and Unfinished, from available, non–industry specific export distance from the domestic supplier to the People’s Republic of China: Final subsidies), it is reasonable for the the factory or the distance from the Results of 2003–2004 Administrative Department to consider that it has nearest seaport to the factory where Review and Partial Rescission of particular and objective evidence to appropriate (i.e., where the sales terms Review, 71 FR 2517, 2522 (January 17, support a reason to believe or suspect for the market–economy inputs were not 2006) (‘‘TRBs 2003–2004’’). The that prices of the inputs from the delivered to the factory). See Sigma Department used the Indian Import country granting the subsidies may be Corp. v. United States, 117 F.3d 1401, Statistics to value the following raw subsidized. See TRBs 1998–1999 and 1408 (Fed. Cir. 1997). For a detailed accompanying Issues and Decision description of all SVs used to value the material inputs and packing materials Memorandum at Comment 1; see also respondent’s reported FOPs, see Factor that the respondents used to produce Tapered Roller Bearings and Parts Valuation Memorandum. the subject merchandise during the Thereof, Finished and Unfinished, From The respondent’s reported that all of POR, such as: birchwood, plywood, the People’s Republic of China; Final their inputs to production were sourced woodscrews, dowels, glue, finishes, Results of 1999–2000 Administrative from suppliers in NME countries and drawerslide, sandpaper, and packaging Review, Partial Rescission of Review, paid for in NME currency. See Factor materials. For a complete list of all the and Determination Not To Revoke Order Valuation Memorandum for a listing of raw material inputs the Department in Part, 66 FR 57420 (November 15, these inputs. Therefore, we did not use valued using the Indian Import 2001), and accompanying Issues and respondents’ actual prices for any raw Statistics, see the Factor Valuation Decision Memorandum at Comment 1; materials purchases. In accordance with Memorandum. see also China National Machinery Imp. past practice, we used data from the For direct labor, indirect labor and & Exp. Corp. v. United States, 293 F. Indian Import Statistics as published by and packing labor, consistent with 19 Supp. 2d 1334, 1338–39 (CIT 2003). the World Trade Atlas, or from the CFR 351.408(c)(3), we used the PRC With regard to the Indian import– 2003/2004 Tata Energy Research regression–based wage rate as reported based SVs, we have disregarded import Institute’s Energy Data Directory & on Import Administration’s website, prices that we have reason to believe or Yearbook in order to calculate surrogate Import Library, Expected Wages of suspect may be subsidized. We have values for Kunyu, Landmark, and Selected NME Countries, revised in reason to believe or suspect that prices Meikangchi. See Preliminary November 2005, http://ia.ita.doc.gov/ of inputs from Indonesia, South Korea, Determination of Sales at Less Than wages/index.html. The source of these and Thailand may have been Fair Value: Certain Artist Canvas from wage–rate data is the Yearbook of subsidized. We have found in other the People’s Republic of China, 70 FR Labour Statistics 2002, ILO (Geneva: proceedings that these countries 67412, 67420 (November 7, 2005); see 2003), Chapter 5B: Wages in maintain broadly available, non– also Polyvinyl Alcohol from the People’s Manufacturing. The years of the industry-specific export subsidies and, Republic of China: Preliminary Results reported wage rates range from 1996 to therefore, it is reasonable to infer that all of Antidumping Duty Administrative 2003. Because this regression–based exports to all markets from these Review, 70 FR 67434, 67439 (November wage rate does not separate the labor countries may be subsidized. See TRBs 7, 2005). rates into different skill levels or types 1998–1999 and accompanying Issues In selecting the best available of labor, we have applied the same wage and Decision Memorandum at Comment information for valuing FOPs in rate to all skill levels and types of labor

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reported by the respondent. See Factor Raghbir Interiors Pvt. Ltd., Nizamuddin 19 CFR 351.214(i)(1), unless the time Valuation Memorandum. Furnitures Pvt. Ltd., Fusion Design limit is extended. The Department valued water using Private Ltd., Jayaraja Furniture Group, Assessment Rates data from the Maharastra Industrial Akriti Perfections India Pvt. Ltd., Development Corporation Swaran Furnitures Ltd., Evergreen Upon issuance of the final results, the (www.midcindia.org) as it includes a International Limited, and D’nD’s Fine Department will determine, and CBP wide range of industrial water tariffs. Furniture Pvt. Ltd., all of which are shall assess, antidumping duties on all This source provides 386 industrial Indian producers of comparable appropriate entries. The Department water rates within the Maharashtra merchandise. From this information, we will issue appropriate assessment province from June 2003: 193 rates for were able to determine factory overhead instructions directly to CBP within 15 the ‘‘inside industrial areas’’ usage as a percentage of the total raw days of publication of the final results category and 193 rates for the ‘‘outside materials, labor and energy (‘‘ML&E’’) of these new shipper reviews. In industrial areas’’ usage category. See costs; SG&A as a percentage of ML&E accordance with 19 CFR 351.212(b)(1), TRBs 2003–2004, 71 FR at 2522. plus overhead (i.e., cost of we have calculated an exporter/ To value electricity and diesel, we manufacture); and the profit rate as a importer–or customer specific used data from the International Energy percentage of the cost of manufacture assessment rate or value for Agency Key World Energy Statistics plus SG&A. For further discussion, see merchandise subject to these reviews. (2003 edition). Because the values for Factor Valuation Memorandum. For these preliminary results we water, electricity and diesel were not divided the total dumping margins for contemporaneous with the POR, we Preliminary Results of Review the reviewed sales by the total entered adjusted the values for inflation. See We preliminarily determine that the quantity of those reviewed sales for each Factor Valuation Memorandum. following weighted–average dumping applicable importer. In these reviews, if The Department used two sources to margins exist for the period June 24, these preliminary results are adopted in calculate a SV for domestic our final results of review, we will 2004, through June 30, 2005: brokerageexpenses. The Department direct CBP to assess the resulting rate averaged December 2003–November against the entered customs value for WOODEN BEDROOM FURNITURE FROM 2004 data contained in Essar the subject merchandise on each Steel’s February 28, 2005, public THE PRC importer’s/customer’s entries during the version response submitted in the POR. Weighted–Average antidumping administrative review of Producer/Exporter Margin (Percent) hot–rolled carbon steel flat products Cash Deposit Requirements from India with February 2004–January Kunyu ...... 222.04 Bonding will no longer be permitted 2005 data contained in Agro Dutch’s Landmark ...... 0.00 to fulfill security requirements for May 24, 2005, public version response Meikangchi ...... 1.25 shipments of wooden bedroom furniture submitted in the antidumping from the PRC exported by Kunyu, investigation of certain preserved Disclosure Landmark, and Meikangchi that are mushrooms from India. The brokerage entered, or withdrawn from warehouse, expense data reported by Essar Steel The Department will disclose for consumption on or after the and Agro Dutch in their public versions calculations performed for these publication date of the final results of is ranged data. The Department first preliminary results to the parties within these new shipper reviews. The derived an average per–unit amount five days of the date of publication of following cash deposit requirements from the source. Then, the Department this notice in accordance with 19 CFR will be effective upon publication of the averaged the two per–unit amounts to 351.224(b). Interested parties may final results of these new shipper derive an overall average rate for the submit case briefs and/or written reviews for shipments of subject POR. See Factor Valuation comments no later than 30 days after the merchandise from the PRC entered, or Memorandum at page 7. date of publication of these preliminary withdrawn from warehouse, for We used Indian transport information results of review. See 19 CFR consumption on or after the publication in order to value the freight–in cost of 351.309(c)(ii). Rebuttal briefs and date, as provided by section 751(a)(2)(C) the raw materials. The Department rebuttals to written comments, limited of the Act: (1) for Kunyu, Landmark, determined the best available to issues raised in such briefs or and Meikangchi, the cash deposit rate information for valuing truck and rail comments, may be filed no later than 35 will be that established in the final freight to be from www.infreight.com. days after the date of publication. See 19 results of these reviews; (2) for This source provides daily rates from CFR 351.309(d). Further, parties previously investigated or reviewed PRC six major points of origin to five submitting written comments should and non–PRC exporters not listed above destinations in India during the POR. provide the Department with an that have separate rates, the cash The Department obtained a price quote additional copy of those comments on deposit rate will continue to be the on the first day of each month of the diskette. Any interested party may exporter–specific rate published for the POR from each point of origin to each request a hearing within 30 days of most recent period; (3) for all PRC destination and averaged the data publication of these preliminary results. exporters of subject merchandise which accordingly. See Factor Valuation See 19 CFR 351.310(c). Any hearing, if have not been found to be entitled to a Memorandum. requested, will be held seven days after separate rate, the cash deposit rate will To value factory overhead, selling, the scheduled date for submission of be the PRC–wide rate of 198.08 percent; general, and administrative expenses rebuttal briefs. See 19 CFR 351.310(d). and (4) for all non–PRC exporters of (‘‘SG&A’’), and profit, we used the The Department will issue the final subject merchandise which have not 2004–2005 financial statements of results of these new shipper reviews, received their own rate, the cash deposit Indian Furniture Products, Ltd. (‘‘IFP’’), which will include the results of its rate will be the rate applicable to the and the audited financial statements for analysis of issues raised in the briefs, PRC exporters that supplied that non– the fiscal year ending March 31, 2003, within 90 days of publication of these PRC exporter. These deposit from the following producers: IFP, preliminary results, in accordance with requirements, when imposed, shall

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remain in effect until publication of the FOR FURTHER INFORMATION CONTACT: determined, pursuant to section 751(c) final results of the next administrative Andrew McAllister or Brandon of the Act, that revocation of the CVD review. Farlander, AD/CVD Operations, Office orders on pure magnesium and alloy 1, Import Administration, International magnesium from Canada would not be Notification to Importers Trade Administration, U.S. Department likely to lead to continuation or This notice also serves as a of Commerce, 14th Street and recurrence of material injury to an preliminary reminder to importers of Constitution Avenue, NW, Washington, industry in the United States within a their responsibility under 19 CFR DC 20230; telephone: (202) 482–1174 reasonably foreseeable time. See Pure 351.402(f) to file a certificate regarding and (202) 482–0182, respectively. and Alloy Magnesium from Canada, 71 the reimbursement of antidumping SUPPLEMENTARY INFORMATION: FR 36359 (June 26, 2006) and USITC duties prior to liquidation of the Publication 3859 (June 2006), entitled Scope of the Orders relevant entries during this review Pure and Alloy Magnesium from period. Failure to comply with this The products covered by these orders Canada (Inv. Nos. 701–TA–309–A- B). requirement could result in the are shipments of pure and alloy Secretary’s presumption that magnesium from Canada. Pure Determination reimbursement of antidumping duties magnesium contains at least 99.8 As a result of the determination by the occurred and the subsequent assessment percent magnesium by weight and is ITC that revocation of these CVD orders of double antidumping duties. sold in various slab and ingot forms and is not likely to lead to continuation or These new shipper reviews and this sizes. Magnesium alloys contain less notice are published in accordance with recurrence of material injury to an than 99.8 percent magnesium by weight industry in the United States, the sections 751(a)(2)(B) and 777(i)(1) of the with magnesium being the largest Act and 19 CFR 351.214(h). Department, pursuant to section 751(d) metallic element in the alloy by weight, of the Act, is revoking the CVD orders Dated: June 27, 2006. and are sold in various ingot and billet on pure magnesium and alloy David M. Spooner, forms and sizes. magnesium from Canada. Pursuant to The pure and alloy magnesium Assistant Secretary for Import section 751(c)(6)(A)(iii) of the Act and subject to the orders is currently Administration. 19 CFR 351.222(i)(2)(i), the effective classifiable under items 8104.11.0000 [FR Doc. E6–10488 Filed 7–5–06; 8:45 am] date of revocation is August 16, 2005 and 8104.19.0000, respectively, of the BILLING CODE 3510–DS–S (i.e., the fifth anniversary of the date of Harmonized Tariff Schedule of the publication in the Federal Register of United States (‘‘HTSUS’’). Although the the notice of continuation of these CVD HTSUS subheadings are provided for DEPARTMENT OF COMMERCE orders). The Department will notify U.S. convenience and customs purposes, the Customs and Border Protection to International Trade Administration written descriptions of the merchandise subject to the orders are dispositive. discontinue suspension of liquidation [C–122–815] Secondary and granular magnesium and collection of cash deposits on entries of the subject merchandise Revocation of the Countervailing Duty are not included in the scope of these orders. Our reasons for excluding entered or withdrawn from warehouse Orders: Pure Magnesium and Alloy on or after August 16, 2005, the effective Magnesium from Canada granular magnesium are summarized in Preliminary Determination of Sales at date of revocation of the CVD orders. AGENCY: Import Administration, Less Than Fair Value: Pure and Alloy The Department will complete any International Trade Administration, Magnesium From Canada, 57 FR 6094 pending administrative reviews of these Department of Commerce. (February 20, 1992). orders and will conduct administrative SUMMARY: On July 1, 2005, the reviews of subject merchandise entered Department of Commerce (‘‘the Background prior to the effective date of revocation Department’’) initiated its sunset On August 31, 1992, the Department in response to appropriately filed reviews of the countervailing duty issued the CVD orders on pure requests for review. (‘‘CVD’’) orders on pure magnesium and magnesium and alloy magnesium from These five-year sunset reviews and alloy magnesium from Canada. See Canada. See Countervailing Duty notice are in accordance with section Initiation of Five-year (‘‘Sunset’’) Orders: Pure Magnesium and Alloy 751(d)(2) and published pursuant to Reviews, 70 FR 38101 (July 1, 2005). Magnesium from Canada, 57 FR 39392 section 777(i)(1) of the Act. Pursuant to section 751(c) of the Tariff (August 31, 1992). On July 1, 2005, the Dated: June 29, 2006. Act of 1930, as amended (‘‘the Act’’), the Department initiated, and the ITC International Trade Commission (‘‘the instituted, the second sunset reviews of David M. Spooner, ITC’’), in its sunset reviews, determined the CVD orders on pure magnesium and Assistant Secretary for Import that revocation of the CVD orders on alloy magnesium Canada. See Initiation Administration. pure magnesium and alloy magnesium of Five-year (‘‘Sunset’’) Reviews, 70 FR [FR Doc. E6–10567 Filed 7–5–06; 8:45 am] from Canada would not be likely to lead 38101 (July 1, 2005). As a result of its BILLING CODE 3510–DS–S to continuation or recurrence of material CVD sunset reviews, the Department injury to an industry in the United found that revocation of the CVD orders DEPARTMENT OF COMMERCE States within a reasonably foreseeable would be likely to lead to continuation time. See Pure and Alloy Magnesium or recurrence of a countervailable National Institute of Standards and from Canada, 71 FR 36359 (June 26, subsidy, and notified the ITC of the Technology 2006). Therefore, pursuant to section level of subsidy likely to prevail were 751(d)(2) of the Act and 19 CFR the orders to be revoked. See Final Judges Panel of the Malcolm Baldrige 351.222(i)(1)(iii), the Department is Results of Expedited Sunset Reviews of National Quality Award revoking the CVD orders on pure the Countervailing Duty Orders: Pure magnesium and alloy magnesium from Magnesium and Alloy Magnesium from AGENCY: National Institute of Standards Canada. Canada, 70 FR 67140 (November 4, and Technology, Department of EFFECTIVE DATE: August 16, 2005. 2005). On June 26, 2006, the ITC Commerce.

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ACTION: Notice of closed meeting. DEPARTMENT OF COMMERCE III. Data OMB Number: 0648–0460. SUMMARY: Pursuant to the Federal National Oceanic and Atmospheric Advisory Committee Act, 5 U.S.C. app. Form Number: None. Administration Type of Review: Regular submission. 2, notice is hereby given that the Judges Affected Public: Not-for-profit Panel of the Malcolm Baldrige National Proposed Information Collection; institutions; state, local, and tribal Quality Award will meet Thursday, July Comment Request; Subsistence government; and individuals or 27, 2006. The Judges Panel is composed Fishery for Pacific Halibut in Waters households. Off Alaska: Registration and Marking of ten members prominent in the field Estimated Number of Respondents: of Gear of quality management and appointed 13,350. by the Secretary of Commerce. The Estimated Time per Response: 10 purpose of this meeting is to review the AGENCY: National Oceanic and Atmospheric Administration (NOAA). minutes, Subsistence halibut stage 1 process, Judges’ individual registration; 15 minutes Subsistence review of the stage 1 scoring data, ACTION: Notice. halibut gear marking. consideration for moving applicants Estimated Total Annual Burden SUMMARY: forward, discussion of stage 1 data and The Department of Hours: 1,739. selection of applicants for consensus, Commerce, as part of its continuing Estimated Total Annual Cost to questions and answers on stage 2 and effort to reduce paperwork and Public: $25,000. stage 3 process documentation, and respondent burden, invites the general summary of Improvements Day . The public and other Federal agencies to IV. Request for Comments applications under review contain trade take this opportunity to comment on Comments are invited on: (a) Whether secrets and proprietary commercial proposed and/or continuing information the proposed collection of information information submitted to the collections, as required by the is necessary for the proper performance Government in confidence. Paperwork Reduction Act of 1995. of the functions of the agency, including DATES: The meeting will convene July DATES: Written comments must be whether the information shall have 27, 2006 at 8:15 a.m. and adjourn at 4:30 submitted on or before September 5, practical utility; (b) the accuracy of the p.m. on July 27, 2006. The entire 2006. agency’s estimate of the burden meeting will be closed. (including hours and cost) of the ADDRESSES: Direct all written comments ADDRESSES: The meeting will be held at proposed collection of information; (c) to Diana Hynek, Departmental ways to enhance the quality, utility, and the National Institute of Standards and Paperwork Clearance Officer, Technology, Administration Building, clarity of the information to be Department of Commerce, Room 6625, collected; and (d) ways to minimize the Lecture Room B, Gaithersburg, 14th and Constitution Avenue, NW., Maryland 20899. burden of the collection of information Washington, DC 20230 (or via the on respondents, including through the FOR FURTHER INFORMATION CONTACT: Dr. Internet at [email protected]). use of automated collection techniques Harry Hertz, Director, National Quality FOR FURTHER INFORMATION CONTACT: or other forms of information Program, National Institute of Standards Requests for additional information or technology. and Technology, Gaithersburg, copies of the information collection Comments submitted in response to Maryland 20899, telephone number instrument and instructions should be this notice will be summarized and/or (301) 975–2361. directed to Patsy A. Bearden, 907–586– included in the request for OMB SUPPLEMENTARY INFORMATION: The 7008 or [email protected]. approval of this information collection; Assistant Secretary for Administration, SUPPLEMENTARY INFORMATION: they also will become a matter of public with the concurrence of the General record. Counsel, formally determined on I. Abstract December 27, 2005, that the meeting of Dated: June 28, 2006. the Judges Panel will be closed pursuant This submission seeks renewal of Gwellnar Banks, to Section 10(d) of the Federal Advisory collection-of-information requirements Management Analyst, Office of the Chief Committee Act, 5 U.S.C. app. 2, as that are part of the program for the Information Officer. amended by Section 5(c) of the Pacific halibut subsistence fishery. The [FR Doc. E6–10498 Filed 7–5–06; 8:45 am] Government in the Sunshine Act, Public program includes requirements for BILLING CODE 3510–22–P Law 94–409. The meeting, which registration to participate in the fishery, involves examination of Award and the marking of certain types of gear applicant data from U.S. companies and used in this fishery. The registration DEPARTMENT OF COMMERCE a discussion of this data as compared to requirement is intended to allow National Oceanic and Atmospheric the Award criteria in order to qualified persons to practice the long- Administration recommend Award recipients, may be term, customary, and traditional harvest of Pacific halibut for food in a non- closed to the public in accordance with Proposed Information Collection; Section 552b(c)(4) of Title 5, United commercial manner. The gear-marking requirement aids in enforcement and in Comment Request; Northeast Region States Code, because the meetings are Observer Providers Requirements likely to disclose trade secrets and actions related to gear damage or loss. commercial or financial information The registration information may be AGENCY: National Oceanic and obtained from a person which is submitted by an individual or as a list Atmospheric Administration (NOAA). privileged or confidential. of multiple individuals from an Alaska ACTION: Notice. Native tribe. Dated: June 28, 2006. SUMMARY: The Department of II. Method of Collection Hratch G. Semerjian, Commerce, as part of its continuing Deputy Director. Applications may be submitted on- effort to reduce paperwork and [FR Doc. E6–10495 Filed 7–5–06; 8:45 am] line or as email attachments; paper respondent burden, invites the general BILLING CODE 3510–13–P forms may be sent by mail or FAX. public and other Federal agencies to

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take this opportunity to comment on III. Data DEPARTMENT OF COMMERCE proposed and/or continuing information collections, as required by the OMB Number: 0648–0546. National Oceanic and Atmospheric Paperwork Reduction Act of 1995. Form Number: None. Administration DATES: Written comments must be Type of Review: Regular submission. Proposed Information Collection; submitted on or before September 5, Affected Public: Not-for-profit Comment Request; Southwest Region 2006. institutions, and business or other for- Permit Family of Forms ADDRESSES: Direct all written comments profits organizations. AGENCY: National Oceanic and to Diana Hynek, Departmental Estimated Number of Respondents: Atmospheric Administration (NOAA). Paperwork Clearance Officer, 805. Department of Commerce, Room 6625, ACTION: Notice. 14th and Constitution Avenue, NW., Estimated Time per Response: Application for approval of observer SUMMARY: The Department of Washington, DC 20230 (or via the Commerce, as part of its continuing Internet at [email protected]). service provider, 10 hours; applicant response to denial of application for effort to reduce paperwork and FOR FURTHER INFORMATION CONTACT: approval of observer service provider, respondent burden, invites the general Requests for additional information or 10 hours; observer service provider public and other Federal agencies to copies of the information collection request for observer training, 30 take this opportunity to comment on instrument and instructions should be minutes; observer deployment report, 10 proposed and/or continuing information directed to Peter Christopher, 978–281– minutes; observer availability report, 10 collections, as required by the 9288 or [email protected]. minutes; safety refusal report, 30 Paperwork Reduction Act of 1995. SUPPLEMENTARY INFORMATION: minutes; submission of raw observer DATES: Written comments must be data, 5 minutes; observer debriefing, 2 submitted on or before September 5, I. Abstract hours; biological samples, 5 minutes; 2006. National Marine Fisheries Service rebuttal of pending removal from list of ADDRESSES: Direct all written comments (NMFS) Northeast Region manages the approved observer service providers, 8 to Diana Hynek, Departmental Atlantic sea scallop (scallop) fishery of hours; vessel request to observer service Paperwork Clearance Officer, the Exclusive Economic Zone (EEZ) off provider for procurement of a certified Department of Commerce, Room 6625, the East Coast under the Atlantic Sea observer, 25 minutes; vessel request for 14th and Constitution Avenue, NW., Scallop Fishery Management Plan waiver of observer coverage Washington, DC 20230 (or via the (Scallop FMP). The regulations requirement, 5 minutes. Internet at [email protected]). implementing the Scallop FMPs are at Estimated Total Annual Burden FOR FURTHER INFORMATION CONTACT: 50 CFR part 648. On June 16, 2006, Hours: 611. Requests for additional information or NMFS implemented an emergency copies of the information collection action that re-activated the industry- Estimated Total Annual Cost to Public: $6,000. instrument and instructions should be funded observer program in the Scallop directed to Patricia A. Culver, 562–980– FMP, wherein scallop vessels are IV. Request for Comments 4239 or [email protected]. required to procure observer coverage SUPPLEMENTARY INFORMATION: from an approved observer service Comments are invited on: (a) Whether provider. The observer service providers the proposed collection of information I. Abstract are required to submit an application to is necessary for the proper performance Permits are required for persons to NMFS for approval, and once approved, of the functions of the agency, including participate in Federally-managed are required to submit various whether the information shall have fisheries off the West Coast. There are information to support the observer practical utility; (b) the accuracy of the two types of permits, for coastal pelagic program. Scallop vessel owners or agency’s estimate of the burden and highly migratory fisheries. Appeals operators are required to contact (including hours and cost) of the and certain waiver requests can also be approved observer service providers in proposed collection of information; (c) submitted. Transfer applications may order to procure an observer for trips on ways to enhance the quality, utility, and also be required. Permits for the which an observer is required. NMFS clarity of the information to be Western Pacific fisheries have been requests information from candidate collected; and (d) ways to minimize the included in this information collection, scallop fishery observer service burden of the collection of information but will now be covered under 0648– providers to evaluate applications for on respondents, including through the 0490, Pacific Islands Permit Family of approval. NMFS also requests use of automated collection techniques Forms. information from approved scallop or other forms of information The permit application forms provide fishery observer service providers to technology. basic information about permit holders monitor activity for compliance with Comments submitted in response to and the vessels and gear being used. observer service provider requirements this notice will be summarized and/or This information is important for and to evaluate observer data; and included in the request for OMB understanding the nature of the fisheries information from participating scallop approval of this information collection; and provides a link to participants. It fishery participants to assign observers they also will become a matter of public also aids in enforcement of regulations. to selected vessels. record. II. Method of Collection II. Method of Collection Dated: June 29, 2006. Forms are available on the Internet; Paper applications and telephone Gwellnar Banks, paper applications are also available calls are required from participants. Management Analyst, Office of the Chief and may be submitted by mail or FAX. Facsimile transmission of paper forms, Information Officer. mail, and express mail are the methods [FR Doc. E6–10501 Filed 7–5–06; 8:45 am] III. Data of information submittal. BILLING CODE 3510–22–P OMB Number: 0648–0204.

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Form Number: None. is soliciting review and comment from presented during the public comment Type of Review: Regular submission. the public and all interested parties on period in the course of finalizing this Affected Public: Business or other for- the Plan, and will consider all Plan. profit organizations. substantive comments received during Dated: June 29, 2006. Estimated Number of Respondents: the review period before submitting the Angela Somma, 1,407. Plan for final approval. Chief, Endangered Species Division, Office Estimated Time Per Response: Permit DATES: Comments on the draft Plan applications and transfers, 30 minutes; of Protected Resources, National Marine must be received by close of business on Fisheries Service. additional information (when requested) September 5, 2006. for the coastal pelagic fishery, 1 hour; [FR Doc. E6–10558 Filed 7–5–06; 8:45 am] ADDRESSES: Send comments to Angela BILLING CODE 3510–22–S appeals, 2 hours. Somma, Chief, Endangered Species Estimated Total Annual Burden Division, Protected Resources Division, Hours: 333. NMFS. Comments may be submitted by: Estimated Total Annual Cost to DEPARTMENT OF COMMERCE (1) E-mail: Public: $575. [email protected], National Oceanic and Atmospheric IV. Request for Comments include in the subject line the following Administration Comments are invited on: (a) Whether document identifier: Fin Whale [I.D. 061606B] the proposed collection of information Recovery Plan. E-mail comments, with is necessary for the proper performance or without attachments, are limited to 5 Endangered and Threatened Species; of the functions of the agency, including megabytes; (2) Chief, Endangered Recovery Plans whether the information shall have Species Division, 1315 East-West Highway, Silver Spring, MD, 20910; (3) AGENCY: National Marine Fisheries practical utility; (b) the accuracy of the Service, National Oceanic and agency’s estimate of the burden Fax: (301) 427 2523. Interested persons may obtain the Plan for review from the Atmospheric Administration, (including hours and cost) of the Commerce. proposed collection of information; (c) above address or on-line from http:// www.nmfs.noaa.gov/pr/. ACTION: Notice of Availability; request ways to enhance the quality, utility, and for comments. clarity of the information to be FOR FURTHER INFORMATION CONTACT: collected; and (d) ways to minimize the Monica DeAngelis, (562–980–3232), e- SUMMARY: The National Marine burden of the collection of information mail [email protected]; or Fisheries Service (NMFS) announces the on respondents, including through the Shannon Bettridge, (301–713–2322 ext. availability for public review of the draft use of automated collection techniques 141), e-mail Recovery Plan (Plan) for the sperm or other forms of information [email protected]. whale (Physeter macrocephalus). NMFS technology. SUPPLEMENTARY INFORMATION: The is soliciting review and comment from Comments submitted in response to Endangered Species Act of 1973 (15 the public and all interested parties on this notice will be summarized and/or U.S.C. 1531 et seq.) requires that NMFS the Plan, and will consider all included in the request for OMB develop and implement recovery plans substantive comments received during approval of this information collection; for the conservation and survival of the review period before submitting the they also will become a matter of public threatened and endangered species Plan for final approval. record. under its jurisdiction, unless it is DATES: Comments on the draft Plan Dated: June 29, 2006. determined that such plans would not must be received by close of business on promote the conservation of the species. Gwellnar Banks, September 5, 2006. Accordingly, NMFS provided a contract ADDRESSES: Send comments to Angela Management Analyst, Office of the Chief for preparation of a draft Recovery Plan Information Officer. Somma, Chief, Endangered Species for fin and sei (Balaenoptera borealis) Division, Office of Protected Resources, [FR Doc. E6–10502 Filed 7–5–06; 8:45 am] whales that was released for public NMFS. Comments may be submitted by: BILLING CODE 3510–22–P comment and review in 1998 (63 FR (1) E-mail: 41802). The draft Recovery Plan for the [email protected], fin and sei whale was never finalized. DEPARTMENT OF COMMERCE include in the subject line the following NMFS has since determined that the document identifier: Sperm Whale recovery plans for the fin and sei whales National Oceanic and Atmospheric Recovery Plan. E-mail comments, with should be separated. This Plan updates Administration or without attachments, are limited to 5 the 1998 Recovery Plan’s information [I.D. 061606A] for the fin whale and discusses the megabytes; (2) Mail to: Chief, natural history, current status, and the Endangered Species Division, 1315 East- Endangered and Threatened Species; known and potential human impacts to West Highway, Silver Spring, MD, Recovery Plans fin whales. Actions needed to promote 20910; (3) Fax: (301) 427 2523. the recovery of this species are Interested persons may obtain the Plan AGENCY: National Marine Fisheries for review from the above address or on- Service, National Oceanic and identified and discussed. The Plan will be used to direct U.S. activities, and to line from http://www.nmfs.noaa.gov/pr/ Atmospheric Administration, . Commerce. encourage international cooperation to promote the recovery of this endangered FOR FURTHER INFORMATION CONTACT: ACTION: Notice of Availability; request Monica DeAngelis, (562–980–3232), e- for comments. species. NMFS’ goal is to restore endangered fin whale populations to the mail [email protected]; or SUMMARY: The National Marine point where they are again secure, self- Shannon Bettridge, (301–713–2322 ext. Fisheries Service (NMFS) announces the sustaining members of their ecosystems, 141), e-mail availability for public review of the draft and no longer need the protections of [email protected]. updated Recovery Plan (Plan) for the fin the ESA. NMFS will consider all SUPPLEMENTARY INFORMATION: The whale (Balaenoptera physalus). NMFS substantive comments and information Endangered Species Act of 1973 (15

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U.S.C. 1531 et seq.) requires that NMFS ADDRESSES: Comments submitted by e- non-lethal take of 9,875 juvenile Central develop and implement recovery plans mail must be sent to the following California Coast coho salmon, 750 for the conservation and survival of address: [email protected]. The juvenile California Coastal Chinook threatened and endangered species application and related documents are salmon, and 9,875 juvenile Central under its jurisdiction, unless it is available for review by appointment, for California Coast steelhead, with no more determined that such plans would not Permit 1046 Modification 2: Protected than 3 percent unintentional mortality promote the conservation of the species. Resources Division, NMFS, 777 Sonoma to result from capture (by fyke-net trap This Plan discusses the natural history, Avenue, Room 315, Santa Rosa, CA or pipe trap), handling, and release of current status, and the known and 95404 (ph: 707–575–6097, fax: 707– fish. NPS also requests authorization for potential human impacts to sperm 578–3435). an estimated annual non-lethal take of whales. Actions needed to promote the FOR FURTHER INFORMATION CONTACT: 2,625 juvenile Central California Coast recovery of this species are identified Jeffrey Jahn at phone number 707–575– coho salmon, 250 juvenile California and discussed. The Plan will be used to 6097, or e-mail: [email protected]. Coastal Chinook salmon, and 2,625 direct U.S. activities, and to encourage SUPPLEMENTARY INFORMATION: juvenile Central California Coast international cooperation to promote the steelhead, with no more than 5 percent recovery of this endangered species. Authority unintentional mortality to result from NMFS’ goal is to restore endangered Issuance of permits and permit capture (by fyke-net trap or pipe trap), sperm whale populations to the point modifications, as required by the handling, passive integrated where they are again secure, self- Endangered Species Act of 1973 (16 transponder (PIT) tagging, fin-clipping, sustaining members of their ecosystems, U.S.C. 1531–1543) (ESA), is based on a and release of fish. and no longer need the protections of finding that such permits/modifications: NPS requests take of juvenile Central the ESA. NMFS will consider all (1) are applied for in good faith; (2) California Coast coho salmon and substantive comments and information would not operate to the disadvantage Central California Coast steelhead to presented during the public comment of the listed species which are the conduct a juvenile salmonid diet period in the course of finalizing this subject of the permits; and (3) are composition study in Olema Creek, Pine Plan. consistent with the purposes and Gulch, and Redwood Creek watersheds Dated: June 29, 2006. policies set forth in section 2 of the in Marin County, California. NPS requests authorization for an estimated Angela Somma, ESA. Authority to take listed species is subject to conditions set forth in the annual non-lethal take of 250 juvenile Chief, Endangered Species Division, Office Central California Coast coho salmon of Protected Resources, National Marine permits. Permits and modifications are Fisheries Service. issued in accordance with and are and 150 juvenile Central California Coast steelhead, with no more than 5 [FR Doc. E6–10559 Filed 7–5–06; 8:45 am] subject to the ESA and NMFS percent unintentional mortality to result BILLING CODE 3510–22–S regulations governing listed fish and wildlife permits (50 CFR parts 222–226). from capture (by fyke-net trap, pipe Those individuals requesting a trap, or electrofishing), handling, DEPARTMENT OF COMMERCE hearing on an application listed in this stomach sampling (a process during notice should set out the specific which a blunt hypodermic syringe is National Oceanic and Atmospheric reasons why a hearing on that used to flush stomach contents out of Administration application would be appropriate (see the esophagus), and release of fish. ADDRESSES). The holding of such a NPS requests take of previously dead [I.D.062706C] hearing is at the discretion of the adult carcasses of Central California Coast coho salmon, California Coastal Endangered and Threatened Species; Assistant Administrator for Fisheries, Chinook salmon, and Central California Take of Anadromous Fish NOAA. All statements and opinions contained in the permit action Coast steelhead to collect genetic AGENCY: National Marine Fisheries summaries are those of the applicant information on spawning salmonids in Service (NMFS), National Oceanic and and do not necessarily reflect the views the following watersheds: Olema Creek, Atmospheric Administration (NOAA), of NMFS. Lagunitas Creek, Pine Gulch, Redwood Commerce. Creek, and Easkoot Creek in Marin Species Covered in This Notice ACTION: Receipt of an application to County, California; West Union Creek, renew and to modify a scientific This notice is relevant to federally Martini Creek, San Vicente Creek, and research permit; request for comments. endangered Central California Coast Denniston Creek in San Mateo County, coho salmon (Oncorhynchus kisutch), California; and Alhambra Creek and SUMMARY: Notice is hereby given that threatened California Coastal Chinook Frankin Creek in Contra Costa County, NMFS has received an application to salmon (O. tshawytscha), and California. NPS requests authorization renew and modify a permit for scientific threatened Central California Coast to handle, tissue sample, and release an research from the National Park Service steelhead (O. mykiss). estimated 550 Central California Coast (NPS) in Point Reyes Station, CA (1046). coho salmon adult carcasses, 150 The permit would affect federally Renewal and Modification Request California Coastal Chinook salmon adult endangered Central California Coast Received carcasses, and 750 Central California coho salmon, threatened California NPS requests to renew and modify a Coast steelhead adult carcasses Coastal Chinook salmon, and threatened 5-year permit (1046) for take of juvenile annually. NPS does not request any take Central California Coast steelhead. This Central California Coast coho salmon, of live adult salmonids for this study. document serves to notify the public of California Coastal Chinook salmon, and NPS requests take of adult Central the availability of the permit application Central California Coast steelhead to California Coast coho salmon, California for review and comment. monitor out-migrating salmonid smolts Coastal Chinook salmon, and Central DATES: Written comments on the permit in Olema Creek, Pine Gulch, and California Coast steelhead to conduct application must be received no later Redwood Creek watersheds in Marin adult spawner population monitoring, than 5 p.m. Pacific Standard Time on County, California. NPS requests population abundance, fish migration, August 7, 2006. authorization for an estimated annual and population genetics studies in

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Olema Creek, Pine Gulch, and Redwood non-lethal take of 3,000 juvenile Central • Mail: Tamara McClure, Office of Creek in Marin County, California. NPS California Coast coho salmon and 3,000 Finance, United States Patent and requests authorization for an estimated juvenile Central California Coast Trademark Office, P.O. Box 1450, annual non-lethal take of 500 adult steelhead, with no more than 3 percent Alexandria, VA 22313–1450. Central California Coast coho salmon, unintentional mortality to result from All comments received will be 200 adult California Coastal Chinook capture (by seine or electrofishing), available for public inspection at the salmon, and 500 adult Central California handling, and release of fish. NPS also USPTO Public Search Facility, Madison Coast steelhead, with no more than 3 requests authorization for an estimated East Building—1st Floor, 600 Dulany percent unintentional mortality to result annual non-lethal take of 2,000 juvenile Street, Alexandria, VA 22314. from capture (by weir-trap), handling, Central California Coast coho salmon FOR FURTHER INFORMATION CONTACT: tagging (with an external anchor tag), and 2,000 juvenile Central California Director, Office of Finance, United and release of fish. Coast steelhead, with no more than 5 States Patent and Trademark Office, NPS requests take of juvenile Central percent unintentional mortality to result P.O. Box 1450, Alexandria, VA 22313– California Coast coho salmon, California from capture (by seine or electrofishing), 1450, (571) 272–6400. Coastal Chinook salmon, and Central handling, PIT tagging, fin-clipping, and SUPPLEMENTARY INFORMATION: The California Coast steelhead to conduct release of fish. summer fish population monitoring in United States Patent and Trademark the following watersheds: Olema Creek, Dated: June 29, 2006. Office (USPTO) is giving notice of an Lagunitas Creek, Pine Gulch, Redwood Angela Somma, amendment to a system of records that Creek, and Easkoot Creek in Marin Chief, Endangered Species Division, Office is subject to the Privacy Act of 1974. County, California; West Union Creek, of Protected Resources, National Marine This system of records maintains Martini Creek, San Vicente Creek, and Fisheries Service. information on deposit accounts that Denniston Creek in San Mateo County, [FR Doc. E6–10557 Filed 7–5–06; 8:45 am] may be used by customers to pay fees California; and Alhambra Creek and BILLING CODE 3510–22–S for processing and services related to Frankin Creek in Contra Costa County, patents, trademarks, and information California. NPS requests authorization products. The USPTO is revising this for an estimated annual non-lethal take DEPARTMENT OF COMMERCE system of records to include user profiles for electronic funds transfers of 9,500 juvenile Central California Patent and Trademark Office Coast coho salmon, 50 juvenile (EFT), which provide customers with another method for paying patent and California Coastal Chinook salmon, and Privacy Act of 1974; System of trademark fees. The Privacy Act notice 11,500 juvenile Central California Coast Records steelhead, with no more than 3 percent is also being updated with current unintentional mortality to result from AGENCY: United States Patent and address information for the system capture (by seine or electrofishing), Trademark Office, Commerce. location and system manager. The categories of individuals covered by the handling, fin-clipping, scale-sampling, ACTION: Notice of amendment of Privacy and release of fish. Act system of records. system, categories of records in the NPS requests take of juvenile Central system, routine uses of records California Coast coho salmon, California SUMMARY: In accordance with the maintained in the system, and other Coastal Chinook salmon, and Central requirements of the Privacy Act of 1974, system descriptions are being updated California Coast steelhead to conduct as amended, the United States Patent to include information regarding EFT fish rescue and relocation efforts of and Trademark Office (USPTO) is user profiles and to reflect current stranded salmonids in dry streams in amending the system of records practice. The authority for maintenance the following watersheds: Olema Creek, currently listed under ‘‘COMMERCE/ of the system and rule references for the Lagunitas Creek, Pine Gulch, Redwood PAT–TM–10 Patent Deposit Accounts notification procedure and contesting Creek, and Easkoot Creek in Marin System.’’ This action is being taken to record procedures are being updated to County, California; West Union Creek, update the Privacy Act notice and to correspond to the current statutes and Martini Creek, San Vicente Creek, and include user profiles for electronic rules for those items as related to the Denniston Creek in San Mateo County, funds transfers (EFT). The system of USPTO. California; and Alhambra Creek and records will also be renamed Due to the addition of information Frankin Creek in Contra Costa County, ‘‘COMMERCE/PAT–TM–10 Deposit concerning EFT user profiles, the name California. NPS requests authorization Accounts and Electronic Funds Transfer of the system of records in this Privacy for an estimated annual non-lethal take Profiles.’’ We invite the public to Act notice is being changed to of 5,000 juvenile Central California comment on the amendments noted in ‘‘COMMERCE/PAT–TM–10 Deposit Coast coho salmon, 50 juvenile this publication. Accounts and Electronic Funds Transfer California Coastal Chinook salmon, and Profiles.’’ The amended system of DATES: Written comments must be 5,200 juvenile Central California Coast received no later than August 7, 2006. records notice is published in its steelhead with no more than 5 percent The amendments will become effective entirety below. unintentional mortality to result from as proposed on August 7, 2006, unless capture (by seine or electrofishing), COMMERCE/PAT–TM–10 the USPTO receives comments that handling, transport, and release of fish. would result in a contrary SYSTEM NAME: NPS requests take of juvenile Central determination. Deposit Accounts and Electronic California Coast coho salmon and Funds Transfer Profiles. Central California Coast steelhead to ADDRESSES: You may submit written conduct juvenile salmonid winter comments by any of the following SECURITY CLASSIFICATION: movement and habitat utilization methods: Unclassified. studies in Olema Creek, Pine Gulch, and • E-mail: Redwood Creek watersheds in Marin [email protected]. SYSTEM LOCATION: County, California. NPS requests • Fax: (571) 273–6500, marked to the Office of Finance, Receipts authorization for an estimated annual attention of Tamara McClure. Accounting Division, United States

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Patent and Trademark Office, 2051 processing of transactions. For EFT 22313–1450. Requesters should provide Jamieson Avenue, Suite 300, payments, the contact phone number name, account information, and record Alexandria, VA 22314; Office of the and e-mail address are used in order to sought, pursuant to the inquiry Chief Information Officer, United States communicate with the customer in case provisions appearing in 37 CFR Part 102 Patent and Trademark Office, Madison there are any problems with the EFT Subpart B. West Building, 600 Dulany Street, information or the EFT fee sale. After a RECORD ACCESS PROCEDURES: Alexandria, VA 22314. sale is completed, the information is stored as a historical transaction along Requests from individuals should be CATEGORIES OF INDIVIDUALS COVERED BY THE with the identifying mark of the sale addressed to the same address as stated SYSTEM: item. This historical information is used in the notification section above. Registered patent attorneys and agents to verify that a customer has paid the CONTESTING RECORD PROCEDURES: and other members of the public who appropriate fees for their goods or The rules for access, contesting maintain deposit accounts or make services. electronic funds transfer (EFT) contents, and appealing initial payments to pay the cost of products DISCLOSURE TO CONSUMER REPORTING determinations by the individual and services rendered by the United AGENCIES: concerned appear in 37 CFR Part 102 States Patent and Trademark Office Not applicable. Subpart B. Requests from individuals (USPTO). should be addressed to the same address POLICIES AND PRACTICES FOR STORING, as stated in the notification section CATEGORIES OF RECORDS IN THE SYSTEM: RETRIEVING, ACCESSING, RETAINING, AND above. For deposit accounts: Name, address, DISPOSING OF RECORDS IN THE SYSTEM: RECORD SOURCE CATEGORIES: telephone number, fax number, contact STORAGE: e-mail address, taxpayer ID number, Subject individuals and those Microfilm and magnetic storage authorized by the individual to furnish Agency Location Code (ALC), deposit media. account number, type of account, information. RETRIEVABILITY: authorized users list, access code, and EXEMPTIONS CLAIMED FOR THE SYSTEM: financial transactions with the USPTO. Deposit account records may be None. For EFT: Bank account holder’s name, retrieved by: Deposit account number, address, bank name, bank routing holder name, and access code. EFT Dated: June 29, 2006. number, bank account number and type records may be retrieved by: Bank Susan K. Brown, of account, contact phone number, and routing number and bank account Records Officer, USPTO, Office of the Chief contact e-mail address. number. The files are searchable in a Information Officer, Architecture, database available only to authorized Engineering and Technical Services, Data AUTHORITY FOR MAINTENANCE OF THE SYSTEM: staff. Architecture and Services Division. 35 U.S.C. 2 and 41 and 15 U.S.C. [FR Doc. E6–10526 Filed 7–5–06; 8:45 am] 1113. SAFEGUARDS: BILLING CODE 3510–16–P Buildings employ security guards. PURPOSE(S): Records are maintained in areas The USPTO collects customer accessible only to authorized personnel DEPARTMENT OF COMMERCE financial information for fee processing. who are properly screened, cleared, and Under 35 U.S.C. 41 and 15 U.S.C. 1113, trained. Where information is Patent and Trademark Office as implemented in 37 CFR 1.16–1.28, retrievable by terminal, all appropriate [Docket No.: PTO–P–2006–0034] 2.6–2.7, and 2.206–2.209, the USPTO system safeguards (hardware and charges fees for processing and other software) are utilized. Financial Size Standard for Purposes of United services related to patents, trademarks, information is collected using States Patent and Trademark Office and information products. This system appropriate encryption technology and Regulatory Flexibility Analysis for of records contains the information records are stored on a secure server. Patent-Related Regulations necessary to allow customers to Access to electronic records is limited to establish deposit accounts at the AGENCY: United States Patent and key personnel and is restricted to the Trademark Office, Commerce. USPTO, maintain existing accounts, or specific functions required by their ACTION: charge the appropriate fee amount to the duties. System operators and Request for comments. appropriate deposit account. This administrators are trained to keep SUMMARY: The United States Patent and system of records also allows customers financial information secure. Trademark Office (USPTO) uses the to establish and maintain a user profile Small Business Administration (SBA) in order to make fee payments from RETENTION AND DISPOSAL: size standard for the purpose of paying their bank accounts by EFT. Records retention and disposal is in reduced patent fees as its size standard accordance with the series record ROUTINE USES OF RECORDS MAINTAINED IN THE when conducting an analysis or making schedules. SYSTEM, INCLUDING CATEGORIES OF USERS AND a certification under the Regulatory THE PURPOSES OF SUCH USES: SYSTEM MANAGER(S) AND ADDRESS: Flexibility Act for patent-related See Prefatory Statement of General Director, Office of Finance, United regulations. The Small Business Routine Uses Nos. 1–5, 9–10 and 13, as States Patent and Trademark Office, Administration Office of Advocacy found at 46 FR 63501–63502 (December 2051 Jamieson Avenue, Suite 300, (SBA-Advocacy) has questioned 31, 1981). The financial information is Alexandria, VA 22314. whether this is the appropriate size used to establish and maintain deposit standard for conducting an analysis or accounts and EFT user profiles for NOTIFICATION PROCEDURE: making a certification under the USPTO customers and to validate and Information may be obtained from the Regulatory Flexibility Act. Pursuant to process fee sales. Account information Privacy Officer, Office of General Law, the Regulatory Flexibility Act, the may also be disclosed to financial United States Patent and Trademark USPTO is providing this opportunity for institutions for verification and Office, P.O. Box 1450, Alexandria, VA public comment on the establishment of

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the SBA’s definition of ‘‘small business business concern for the purpose of need to collect information from concern’’ for the purpose of paying paying reduced patent fees as one: ‘‘(a) patentees and patent applicants reduced patent fees as the definition of Whose number of employees, including concerning whether they are a small ‘‘small business concern’’ for Regulatory affiliates, does not exceed 500 persons; business concern using the size Flexibility Act purposes for patent- and (b) Which has not assigned, granted, standards set forth in 13 CFR 121.201. related regulations. conveyed, or licensed (and is under no The Regulatory Flexibility Act Comment Deadline Date: To be obligation to do so) any rights in the permits an agency head to establish, for ensured of consideration, written invention to any person who made it purposes of Regulatory Flexibility Act comments must be received on or before and could not be classified as an analysis and certification, one or more August 7, 2006. No public hearing will independent inventor, or to any concern definitions of ‘‘small business concern’’ be held. which would not qualify as a non-profit that are appropriate to the activities of ADDRESSES: Comments should be sent organization or a small business concern the agency, after consultation with the by electronic mail message over the under this section.’’ 13 CFR 121.802. Office of Advocacy of the Small Internet addressed to rfa- The USPTO uses the SBA size Business Administration and after [email protected]. standard for the purpose of paying opportunity for public comment. See 5 Comments may also be submitted by reduced patent fees in 13 CFR 121.802 U.S.C. 601(3) and 13 CFR 121.903(c). mail addressed to: Mail Stop as the size standard when conducting an Therefore, the USPTO is publishing for Comments—Patents, Commissioner for analysis or making a certification under comment a definition of small business Patents, P.O. Box 1450, Alexandria, VA, the Regulatory Flexibility Act for patent- concern for purposes of the USPTO 22313–1450, or by facsimile to (571) related regulations. See e.g., Changes To conducting an analysis or making a 273–7735, marked to the attention of Support Implementation of the United certification under the Regulatory Christina T. Donnell. Although States Patent and Trademark Office 21st Flexibility Act for patent-related comments may be submitted by mail or Century Strategic Plan, 69 FR 56481, regulations. Specifically, the USPTO’s facsimile, the Office prefers to receive 56530 (Sept 21, 2004) (discussion definition of small business concern for comments via the Internet. indicating that small entities for Regulatory Flexibility Act purposes is a Comments may also be sent by purposes of Regulatory Flexibility Act business or other concern that: (1) Meets electronic mail message over the are considered a subset of the small the SBA’s definition of a ‘‘business Internet via the Federal eRulemaking entities for purposes of paying reduced concern or concern’’ set forth in 13 CFR Portal. See the Federal eRulemaking patent fees). The SBA-Advocacy, 121.105; and (2) meets the size Portal Web site (http:// however, has questioned whether the standards set forth in 13 CFR 121.802 www.regulations.gov) for additional USPTO’s size standard is under- for the purpose of paying reduced instructions on providing comments via inclusive because it excludes ‘‘any patent fees, namely an entity: (a) Whose the Federal eRulemaking Portal. business concern that has assigned, number of employees, including The comments will be available for granted, conveyed, or licensed (and is affiliates, does not exceed 500 persons; public inspection at the Office of the under no obligation to do so) any rights and (b) which has not assigned, granted, Commissioner for Patents, located in in the invention to any person who conveyed, or licensed (and is under no Madison East, Tenth Floor, 600 Dulany made it and could not be classified as obligation to do so) any rights in the Street, Alexandria, Virginia, and will be an independent inventor, or to any invention to any person who made it available via the Office Internet Web site concern which would not qualify as a and could not be classified as an (address: http://www.uspto.gov). non-profit organization or a small independent inventor, or to any concern Because comments will be made business concern under [13 CFR which would not qualify as a non-profit available for public inspection, 121.802].’’ 13 CFR 121.802(b). organization or a small business concern The size standard set forth in 13 CFR information that is not desired to be under this definition. 121.802 is the size standard ‘‘for the made public, such as an address or purpose of paying reduced patent fees’’ Dated: June 28, 2006. phone number, should not be included and thus appears to be limited to Jon W. Dudas, in the comments. payment of patent fees. See 13 CFR Under Secretary of Commerce for Intellectual FOR FURTHER INFORMATION CONTACT: 121.801. The SBA small business size Property and Director of the United States Christina T. Donnell, Senior Petition standards are set forth in 13 CFR Patent and Trademark Office. Attorney, Office of Petitions, Office of 121.201. The USPTO uses the SBA size [FR Doc. E6–10564 Filed 7–5–06; 8:45 am] the Deputy Commissioner for Patent standard for the purpose of paying BILLING CODE 3510–16–P Examination Policy, by telephone at reduced patent fees as its size standard (571) 272–3211, by mail addressed to: when conducting an analysis or making Mail Stop Comments—Patents, a certification under the Regulatory DEPARTMENT OF DEFENSE Commissioner for Patents, P.O. Box Flexibility Act because the USPTO has 1450, Alexandria, VA, 22313–1450, or no business need (other than to conduct Office of the Secretary by facsimile to (571) 273–7735, marked an analysis or make a certification under to the attention of Christina T. Donnell. the Regulatory Flexibility Act) to collect Defense Science Board; Meetings SUPPLEMENTARY INFORMATION: The patent information from patentees and patent AGENCY: Department of Defense. statute provides that ‘‘fees charged applicants concerning whether they are ACTION: Notice of Advisory Committee under [35 U.S.C. 41](a), (b) and (d)(1) a small business concern using the size Meetings. shall be reduced by 50 percent with standards set forth in 13 CFR 121.201, respect to their application to any small and thus, the USPTO does not collect SUMMARY: The Defense Science Board business concern as defined under this information. The USPTO is Task Force on Technology Vectors will section 3 of the Small Business Act, and proposing to use the size standard set meet in closed session on July 11 and to any independent inventor or forth in 13 CFR 121.802 as its size 12, 2006: at Strategic Analysis, Inc. nonprofit organization as defined in standard when conducting an analysis (SAI), 3601 Wilson Boulevard, Suite regulations issued by the Director.’’ 35 or making a certification under the 500, Arlington, VA. This meeting will U.S.C. 41(h)(1). The SBA defines a small Regulatory Flexibility Act to avoid the continue to map the study’s direction

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and begin discussion on what will be publication at least 15 calendar days DEPARTMENT OF ENERGY the Technology Vectors DoD will need prior to the meeting. for the 21st century. Agency Information Collection C.R. Choate, Extension The mission of the Defense Science OSD Federal Register Liaison Officer, Board is to advise the Secretary of Department of Defense. AGENCY: Department of Energy. Defense and the Under Secretary of [FR Doc. 06–6009 Filed 7–5–06; 8:45am] ACTION: Submission for Office of Defense for Acquisition, Technology & BILLING CODE 5001–06–M Management and Budget (OMB) review; Logistics on scientific and technical comment request. matters as they affect the perceived SUMMARY: The Department of Energy needs of the Department of Defense. At DEPARTMENT OF DEFENSE these meetings, the Defense Science (DOE) has submitted an information Board Task Force will: review previous Office of the Secretary collection package to the OMB for attempts by DoD to identify critical extension under the provisions of the technologies in order to derive lessons Defense Science Board; Meetings Paperwork Reduction Act of 1995. The package requests a three-year extension that would help illuminate the current of the information collection listed at challenge; identify the National Security AGENCY: Department of Defense. the end of this notice. Comments are objectives for the 21st century and the ACTION: Notice of Advisory Committee invited on: (a) Whether the extended operational missions that U.S. military Meetings. information collections are necessary for will be called upoon to support these the proper performance of the functions objectives; identify new operational SUMMARY: The Defense Science Board of the agency, including whether the capabilities needed for the proposed Task Force on VTOL/STOL will meet in information has practical utility; (b) the missions; identify the critical science closed session on July 20–21, 2006; at accuracy of the agency’s estimate of the technology, and other related enablers Strategic Analysis Inc., 3601 Wilson burden of the information collections, of the desired capabilities; assess Boulevard, Arlington, VA. This meeting including the validity of the current S&T investment plans’ relevance continues the task force’s work and will methodology and assumptions used; (c) to the needed operational capabilities consist of a FOUO briefing and the ways to enhance the quality, utility, and and enablers and recommend needed remaining is executive session on clarity of the information to be changes to the plans; identify current technologies and programs. collected; and (d) ways to minimize the mechanisms to accelerate and assure the burden of the information collections on The mission of the Defense Science transition of technology into U.S. respondents, including through the use Board is to advise the Secretary of military capabilities; and review and of automated collection techniques or Defense and the Under Secretary of recommend changes as needed, the other forms of information technology. Defense for Acquisition, Technology & current processes by which national DATES: Comments regarding this Logistics on scientific and technical security objectives and needed collection must be received on or before matters as they affect the perceived operational capabilities are used to August 7, 2006. If you anticipate that needs of the Department of Defense. At develop and prioritize science, you will be submitting comments, but these meetings, the Defense Science technology, and other related enablers, find it difficult to do so within the Board Task Force will: assess the and how those enablers are then period of time allowed by this notice, features and capabilities VTOL/STOL developed. please advise the OMB Desk Officer of aircraft should have in order to support your intention to make a submission as In accordance with section 10(d) of the nation’s defense needs through at soon as possible. The Desk Officer may the Federal Advisory Committee Act, least the first half of the 21st century. be telephoned at 202–395–4650. Pub. L. No. 92–463, as amended (5 In accordance with section 10(d) of ADDRESSES: Written comments should U.S.C. App. II), it has been determined the Federal Advisory Committee Act, be sent to: Jeffrey Martus, IM–11/ that these Defense Science Board Task Pub. L. 92–463, as amended (5 U.S.C. Germantown Building, U.S. Department Force meetings concern matters listed in App. II), it has been determined that of Energy, 1000 Independence Ave, 5 U.S.C. 552b(c)(1) and that, these Defense Science Board Task Force SW., Washington, DC 20585–1290; or by accordingly, the meetings will be closed meetings concern matters listed in 5 fax at 301–903–9061 or by e-mail at to the public. U.S.C. 552b(c)(1) and that, accordingly, [email protected]. FOR FURTHER INFORMATION CONTACT: the meetings will be closed to the FOR FURTHER INFORMATION CONTACT: LCDR Clifton Phillips, USN, Defense public. Requests for additional information or Science Board, 3140 Defense Pentagon, copies of the information collection Room 3C553, Washington, DC 20301– FOR FURTHER INFORMATION CONTACT: instrument and instructions should be 3140, via e-mail at LCDR Clifton Phillips, USN, Defense directed to Jeffrey Martus at the address [email protected], or via phone at Science Board, 3140 Defense Pentagon, listed above in ADDRESSES. (703) 571–0083. Room 3C553, Washington, DC 20301– SUPPLEMENTARY INFORMATION: The 3140, via e-mail at Due to scheduling and work burden information collection package listed in [email protected], or via phone at difficulties, there is insufficient time to this notice for public comment include (703) 571–0083. provide timely notice required by the following: section 10(a) of the Federal Advisory C.R. Choate, (1) OMB No.: 1910–1000. Committee Act and § 102–3.150(b) of (2) Package Title: Personal Property. OSD Federal Register Liaison Officer, (3) Type of Review: Renewal. the GSA Final Rule on Federal Advisory Department of Defense. (4) Purpose: This information Committee Management, 41 CFR 102– [FR Doc. 06–6010 Filed 7–5–06; 8:45 am] collection provides the Department with 3.150(b), which further requires BILLING CODE 5001–06–M the information necessary for the management, control, reutilization, and

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disposal of government personal Mountain over a two-year period to DEPARTMENT OF ENERGY property. enhance safety at the project and to (5) Respondents: 176. enable DOE to continue safely Federal Energy Regulatory (6) Estimated Number of Burden conducting operations, scientific testing, Commission Hours: 3,960. and routine maintenance until such [Docket No. ER06–963–001] Statutory Authority: Department of Energy time as the Nuclear Regulatory Organization Act, Public Law 95–91. Commission (NRC) decides whether to Central Maine Power Company; Notice Issued in Washington, DC on June 28, authorize construction of a repository. of Amendment To Filing 2006. For purposes of analysis in this EA, June 21, 2006. Sharon A. Evelin, DOE assumes this period could be up to On June 8, 2006, Central Maine Power Director, Records Management Division, 10 years in duration. This EA does not, filed an answer to a protest providing Office of the Chief Information Officer. however, consider or include any additional information in support of its [FR Doc. E6–10561 Filed 7–5–06; 8:45 am] actions beyond an NRC decision on request recover Regional Transmission BILLING CODE 6450–01–P construction authorization. The main Organization formation costs in its elements of the proposed action are as transmission rates. This additional follows: information constitutes an amendment DEPARTMENT OF ENERGY • Construct up to 33 miles of new and to Central Maine Power’s pending filing Notice of Availability of the Draft replacement roads (with two options for in Docket No. ER06–963–000. Environmental Assessment for the an access road) Comment Due Date: 5 p.m. Eastern Time, June 30, 2006. Proposed Infrastructure Improvements • Construct up to 20.6 miles of new for the Yucca Mountain Project, 138 kV power lines (with two options Magalie R. Salas, Nevada for a main power line) Secretary. AGENCY: U.S. Department of Energy. • Develop a Central Operations Area [FR Doc. E6–10486 Filed 7–5–06; 8:45 am] ACTION: Notice of Availability. consisting of six support buildings to BILLING CODE 6717–01–P replace existing infrastructure that is SUMMARY: This notice announces the nearing or, in some instances, has DEPARTMENT OF ENERGY availability, and the opportunity for exceeded its expected design and public review and comment, of a draft operational life environmental assessment (EA) (DOE/ Federal Energy Regulatory • EA–1566) that examines the impacts of Site, repair, and construct other Commission a proposal by the Department of Energy facilities and structures for the Yucca Mountain Project Notice of Application for Surrender of (DOE) to repair, replace, or improve License and Soliciting Comments, certain facilities, structures, roads, and Under both the proposed action and Motions To Intervene, and Protests utilities (collectively referred to as the no-action alternative, ongoing infrastructure) for the Yucca Mountain operations, scientific testing, and June 21, 2006. Project. The proposed action would routine maintenance would continue to Take notice that the following enhance safety at the project and enable be considered. application has been filed with the DOE to safely continue ongoing Commission and is available for public Some portions of the roads evaluated operations, scientific testing, and inspection: maintenance until such time as the in this EA cross or run parallel to a. Application Type: Surrender of Nuclear Regulatory Commission decides floodplains. Therefore, this EA includes License. whether to authorize construction of a a floodplain and wetlands assessment in b. Project No.: 2642–013. repository. compliance with DOE Floodplain and c. Date Filed: April 3, 2006. Wetland Environmental Review DATES: Comments should be submitted d. Applicant: Garkane Energy to DOE no later than August 7, 2006. Requirements (10 CFR Part 1022). Cooperative, Inc. DOE will consider comments submitted DOE will consider comments received e. Name of Project: Glen Canyon-Paria after this date to the extent practicable. (see DATES and ADDRESSES, above) in Transmission Line Project. f. Location: The project is located in ADDRESSES: Comments, or requests for finalizing the EA. Based on the final EA, DOE will determine whether to prepare Kane County, Utah, and Coconino copies of the draft EA, should be sent to County, Arizona. The project occupies an environmental impact statement or Dr. Jane Summerson, EA Document lands of the United States managed by issue a finding of no significant impact Manager, United States Department of the Bureau of Reclamation and the Energy, 1551 Hillshire Drive, Las Vegas, if appropriate for the proposed action. National Park Service. NV 89134. Requests for copies of the Issued in Washington, DC, on June 29, g. Filed Pursuant to: Federal Power draft EA may also be made by calling 1– 2006. Act, 16 U.S.C. 791a—825r. 800–225–6972. The draft EA and Edward F. Sproat, III, h. Applicant Contact: Mr. Mike electronic comment forms are available Director, Office of Civilian Radioactive Waste Avant, Engineering Manager, Garkane at http://www.ocrwm.doe.gov. Energy Cooperative, Inc., 1802 South Comments may also be faxed to 1–800– Management. [FR Doc. E6–10563 Filed 7–5–06; 8:45 am] 175 East, Kanab, Utah 84741, (435)644– 967–0739. 5026, Fax (435)644–8120. FOR FURTHER INFORMATION CONTACT: Dr. BILLING CODE 6450–01–P i. FERC Contact: Any questions on Jane Summerson, EA Document this notice should be addressed to Ms. Manager, at the above address or at 1– Patricia W. Gillis at (202) 502–8735. 800–225–6972. j. Deadline for filing comments, SUPPLEMENTARY INFORMATION: The motions to intervene, and protests: 30 proposed action is to repair, replace, or days from the issuance date of this improve certain infrastructure at Yucca notice.

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k. Description of Request: In a July 13, Energy Regulatory Commission, 888 which is on file with the Commission 2000 order, the Commission made a First Street, NE., Washington DC 20426. and open for public inspection. finding that the subject transmission A copy of any motion to intervene must Any person desiring to intervene or to line is not required to be licensed. The also be served upon each representative protest this filing must file in Commission stated in that order that the of the Applicant specified in the accordance with Rules 211 and 214 of license will remain in effect until its particular application. the Commission’s Rules of Practice and expiration date or until the license is p. Agency Comments: Federal, state, Procedure (18 CFR 385.211 and surrendered. In the current proceeding, and local agencies are invited to file 385.214). Protests will be considered by the licensee filed an application to comments on the described application. the Commission in determining the surrender its transmission line license, A copy of the application may be appropriate action to be taken, but will and included in its filing information obtained by agencies directly from the not serve to make protestants parties to about obtained individual rights of way Applicant. If an agency does not file the proceeding. Any person wishing to for the continued operation of the line. comments within the time specified for become a party must file a notice of l. Locations of the Application: A filing comments, it will be presumed to intervention or motion to intervene, as copy of the application is available for have no comments. One copy of an appropriate. Such notices, motions, or inspection and reproduction at the agency’s comments must also be sent to protests must be filed on or before the Commission’s Public Reference Room, the Applicant’s representatives. date as indicated below. Anyone filing located at 888 First Street, NE., Room q. Comments, protests and an intervention or protest must serve a 2A, Washington, DC 20426, or by calling interventions may be filed electronically copy of that document on the Applicant. (202) 502–8371. Information about this via the Internet in lieu of paper. See, 18 Anyone filing an intervention or protest filing may also be viewed on the CFR 385.2001(a)(1)(iii) and the on or before the intervention or protest Commission’s website at http:// instructions on the Commission’s Web date need not serve motions to intervene www.ferc.gov using the ‘‘eLibrary’’ link. site at http://www.ferc.gov under the ‘‘e- or protests on persons other than the Enter the docket number excluding the Filing’’ link. Applicant. last three digits in the docket number The Commission encourages field to access the document. You may Magalie R. Salas, Secretary. electronic submission of protests and also register online at http:// interventions in lieu of paper using the [FR Doc. E6–10484 Filed 7–5–06; 8:45 am] www.ferc.gov/docs-filing/ ‘‘eFiling’’ link at http://www.ferc.gov. esubscription.asp to be notified via e- BILLING CODE 6717–01–P Persons unable to file electronically mail of new filings and issuances should submit an original and 14 copies related to this or other pending projects. of the protest or intervention to the For assistance, call 1–866–208–3676 or DEPARTMENT OF ENERGY Federal Energy Regulatory Commission, e-mail [email protected], 888 First Street, NE., Washington, DC for TTY, call (202) 502–8659. A copy is Federal Energy Regulatory 20426. also available for inspection and Commission This filing is accessible on-line at reproduction at the address in item (h) [Docket No. CP06–378–000] above. http://www.ferc.gov, using the m. Individuals desiring to be included Minnesota Energy Resources ‘‘eLibrary’’ link and is available for on the Commission’s mailing list should Corporation; Notice of Filing review in the Commission’s Public so indicate by writing to the Secretary Reference Room in Washington, DC. of the Commission. June 21, 2006. There is an ‘‘eSubscription’’ link on the n. Comments, Protests, or Motions to Take notice that on May 31, 2006, Web site that enables subscribers to Intervene: Anyone may submit Minnesota Energy Resources receive e-mail notification when a comments, a protest, or a motion to Corporation (MERC) filed an application document is added to a subscribed intervene in accordance with the pursuant to 18 CFR 284.224 and docket(s). For assistance with any FERC requirements of Rules of Practice and 284.123(b)(2) of the Commission’s Online service, please e-mail Procedure, 18 CFR 385.210, 385.211, regulations, for a limited jurisdiction [email protected], or call 385.214. In determining the appropriate blanket certificate authorizing it to (866) 208–3676 (toll free). For TTY, call action to take, the Commission will engage in non-discriminatory sales and/ (202) 502–8659. consider all protests or other comments or transportation of natural gas subject Comment Date: 5 p.m. Eastern Time filed, but only those who file a motion to the jurisdiction of the Commission June 26, 2006. through intrastate facilities in the state to intervene in accordance with the Magalie R. Salas, Commission’s Rules may become a of Minnesota and for approval of the Secretary. party to the proceeding. Any comments, rates for such service. This certificate is protests, or motions to intervene must needed so that MERC can sell and [FR Doc. E6–10485 Filed 7–5–06; 8:45 am] be received on or before the specified transport to Aquila, Inc. (Aquila) a local BILLING CODE 6717–01–P comment date for the particular distribution company with a service application. territory in Iowa. Gas transported and o. Filing and Service of Responsive sold to Aquila will be delivered to 11 DEPARTMENT OF ENERGY Documents: Any filings must bear in all small and residential customers in Federal Energy Regulatory capital letters the title ‘‘COMMENTS’’, Silver Lake, Iowa. The annual sales to Commission ‘‘RECOMMENDATIONS FOR TERMS Aquila will be approximately 11,000 AND CONDITIONS’’, ‘‘PROTEST’’, OR therms. In order to permit MERC to Notice of Filings ‘‘MOTION TO INTERVENE’’, as close on its purchase of the Minnesota applicable, and the Project Number of facilities and initiate service thereunder, June 21, 2006. the particular application to which the MERC requests expedited Commission Take notice that the Commission filing refers. All documents (original approval of the certificate application received the following electric corporate and eight copies) should be filed with: and rate proposal on or before July 1, filings: Magalie R. Salas, Secretary, Federal 2006 as described in its application Docket Numbers: EC06–131–000.

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Applicants: Sunbury Generation, LLC; Applicants: California Independent its ISO Wholesale TRBAA, pursuant to Sunbury Holdings, LLC; Corona Power, System Operator. FERC’s letter order issued 5/31/06. LLC. Description: California Independent Filed Date: 6/15/2006. Description: Sunbury Generation, System Operator Corp submits an Accession Number: 20060616–0299. LLC, et al submit their joint application Update re the Provision of Refunds, Comment Date: 5 p.m. Eastern Time for authorization to transfer 100% of pursuant to Commission Order issued 5/ on Thursday, July 6, 2006. membership interests to Corona Power, 30/03. Docket Numbers: ER06–900–001. LLC, pursuant to Section 203 of the Filed Date: 6/15/2006. Applicants: Vermont Transco L.L.C; Federal Power Act. Accession Number: 20060620–0102. Central Vermont Public Service Filed Date: 6/15/2006. Comment Date: 5 p.m. Eastern Time Corporation; Green Mountain Power Accession Number: 20060620–0109. on Thursday, July 6, 2006. Corporation. Comment Date: 5 p.m. Eastern Time Docket Numbers: ER04–691–076. Description: Vermont Transco, LLC et on Thursday, July 6, 2006. Applicants: Midwest Independent al submits additional signatures and Docket Numbers: EC06–132–000. Transmission System Operator, Inc. substitute pages to correct their 4/21/06 Applicants: Southern Power Description: Midwest Independent filing. Company; Rowan County Power, LLC; Transmission System Operator, Inc. Filed Date: 6/9/2006. Progress Genco Ventures, LLC; Progress submits proposed revisions to Section Accession Number: 20060620–0104. County Power, LLC 38.9.1(A) of its OAT&EM Tariff, Third Comment Date: 5 p.m. Eastern Time Description: Southern Power Revised Volume No. 1. on Friday, June 30, 2006. Company; et al, submit a joint Filed Date: 6/15/2006. Docket Numbers: ER06–1126–000. application for approval of the Accession Number: 20060616–0292. Applicants: Southern California disposition of jurisdictional facilities Comment Date: 5 p.m. Eastern Time Edison Company. pursuant to Section 203 of the Federal on Thursday, July 6, 2006. Description: Southern California Power Act. Docket Numbers: ER05–6–069; EL04– Edison Co submits the amended and Filed Date: 6/16/2006. 135–072; EL02–111–089; EL03–212– restated Mutual Assistance Accession Number: 20060620–0232. 085. Transmission Service Agreement with Comment Date: 5 p.m. Eastern Time Applicants: Midwest Independent San Diego Gas & Electric Co and on Friday, July 7, 2006. Transmission System Operator, Inc.; Imperial Irrigation District et al. Filed Date: 6/13/2006. Docket Numbers: EC06–133–000. PJM Interconnection, L.L.C.; Ameren Accession Number: 20060616–0015. Applicants: Fox Energy Company Services Company. Comment Date: 5 p.m. Eastern Time LLC; Calpine Fox LLC. Description: PJM Transmission on Wednesday, July 5, 2006. Description: Calpine Fox LLC and Fox Owners submits a revision to its Energy Co LLC submit a joint Attachment R tariff sheets, correcting Docket Numbers: ER06–1138–000. application for authorization to dispose the applicable 2002 Lost Revenues Applicants: Fox Energy Company of jurisdictional facilities, pursuant to numbers for its 5/26/06 filing. LLC. Filed Date: 6/15/2006. Description: Fox Energy Co, LLC Section 203 of the Federal Power Act. Accession Number: 20060616–0293. Filed Date: 6/15/2006. submits its application for market-based Comment Date: 5 p.m. Eastern Time Accession Number: 20060620–0344. rate authority under section 205 of the on Thursday, July 6, 2006. Comment Date: 5 p.m. Eastern Time FPA, for authority to amend rate on Thursday, July 6, 2006. Docket Numbers: ER05–1284–002. schedule for the sales of reactive power Applicants: Pacific Gas & Electric and expedited consideration for waivers Take notice that the Commission Company. and pre-approvals. received the following electric rate Description: Pacific Gas and Electric Filed Date: 6/15/2006. filings: Co submits its corrected tariff sheets 60– Accession Number: 20060620–0105. Docket Numbers: ER00–980–013. 73 in compliance with the Comment Date: 5 p.m. Eastern Time Applicants: Bangor Hydro-Electric Commission’s 5/19/06 order. on Thursday, July 6, 2006. Company. Filed Date: 6/16/2006. Docket Numbers: ER06–1139–000. Description: Bangor Hydro-Electric Co Accession Number: 20060616–0294. Applicants: Southern California submits an informational filing showing Comment Date: 5 p.m. Eastern Time Edison Company. the implementation of their formula rate on Friday, July 7, 2006. Description: Southern California for the charges that became effective 6/ Docket Numbers: ER06–734–001. Edison Co submits a Service Agreement 1/06. Applicants: Midwest Independent for Wholesale Distribution Service with Filed Date: 6/15/2006. Transmission System Operator, Inc. the City of Corona, California. Accession Number: 20060620–0114. Description: Midwest Independent Filed Date: 6/16/2006. Comment Date: 5 p.m. Eastern Time Transmission System Operator, Inc. Accession Number: 20060620–0101. on Thursday, July 6, 2006. submits a Large Generator Comment Date: 5 p.m. Eastern Time Docket Numbers: ER00–1053–018. Interconnection Agreement with FPL on Friday, July 7, 2006. Applicants: Maine Public Service Energy Green Lake Wind and American Docket Numbers: ER06–1141–000. Company. Transmission Co. LLC in compliance Applicants: American Electric Power Description: Maine Public Service Co with FERC’s 5/16/06 Order. Service Corporation; Indianan and submits an informational filing setting Filed Date: 6/15/2006. Michigan Power Company. forth the changed open access Accession Number: 20060616–0295. Description: Indiana and Michigan transmission tariff charges effective 6/1/ Comment Date: 5 p.m. Eastern Time Power Co submits its Interconnection 06 with back-up materials. on Thursday, July 6, 2006. and Local Delivery Service Agreement Filed Date: 6/15/2006. Docket Numbers: ER06–818–001. with the Village of Paw Paw, Michigan. Accession Number: 20060620–0103. Applicants: San Diego Gas & Electric Filed Date: 6/16/2006. Comment Date: 5 p.m. Eastern Time Company. Accession Number: 20060620–0313. on Thursday, July 6, 2006. Description: San Diego Gas & Electric Comment Date: 5 p.m. Eastern Time Docket Numbers: ER03–683–010. Co submits revised tariff sheets to reflect on Friday, July 7, 2006.

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Docket Numbers: ER06–1143–000. Doune Wind Farm (Scotland) Limited; Docket Numbers: PH06–88–000. Applicants: MATEP LLC. Centrica (DSW) Limited; Centrica (IDW) Applicants: Merrill Lynch & Description: MATEP LLC submits its Limited; Centrica (Lincs) Limited; Company, Inc. application for market-based rate Centrica (RBW) Limited; Centrica Brigg Description: Merrill Lynch & Co, Inc authority for its FERC Electric Tariff, Limited; Centrica KL Limited; Centrica submits a notification of exemption of Original Volume 1. Langage Limited; Centrica KPS Limited; sections 366.3(a) and 366.3(b) of Filed Date: 6/16/2006. Centrica PB Limited; Centrica RPS PUHCA of 2005. Accession Number: 20060620–0311. Limited; Centrica SHB Limited; Glens of Filed Date: 6/15/2006. Comment Date: 5 p.m. Eastern Time Foundland Windfarm Limited; Segebel Accession Number: 20060616–0311. on Friday, July 7, 2006. SA. Comment Date: 5 p.m. Eastern Time Docket Numbers: ER06–1144–000. Description: Centrica Barry Limited, on Thursday, July 6, 2006. Applicants: PJM Interconnection, et al submit a Notice of Self- Docket Numbers: PH06–89–000. LLC. Certification of Foreign Utility Company Applicants: Energy West Resources, Description: PJM Interconnection, Status, pursuant to Section 366.1 of Inc. LLC submits its Interconnection Service PUHCA of 2005. Description: Energy West Inc. submits Agreement with Brookfield Power Piney Filed Date: 6/15/2006. a request for exemption of section 366.3 & Deep Creek LLC and Pennsylvania Accession Number: 20060615–5077. of PUHCA of 2005. Electric Co. Comment Date: 5 p.m. Eastern Time Filed Date: 6/15/2006. Filed Date: 6/16/2006. on Thursday, July 6, 2006. Accession Number: 20060616–0298. Accession Number: 20060620–0335. Take notice that the Commission Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time received the following public utility on Thursday, July 6, 2006. on Friday, July 7, 2006. holding company filings: Docket Numbers: PH06–90–000. Docket Numbers: ER06–1145–000. Docket Numbers: PH06–84–000. Applicants: Horizon Asset Applicants: Xcel Energy Services Inc.; Applicants: EnergySouth, Inc. Management, Inc. Public Service Company of Colorado. Description: EnergySouth, Inc. Description: Horizon Asset Description: Public Service Co of submits its Exemption Notification Management, Inc submits its Colorado submits an Amended and pursuant to Section 366.1 of PUCHA of notification of exemption of section Restated Agreement for Interconnection 2005. 366.3(b)(2)(i)(C) of PUHCA of 2005. Service with Blue Spruce Energy Center, Filed Date: 6/15/2006. Filed Date: 6/15/2006. LLC. Accession Number: 20060615–5015. Accession Number: 20060616–0310. Filed Date: 6/16/2006. Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time Accession Number: 20060620–0310. Comment Date: 5 p.m. Eastern Time on Thursday, July 6, 2006. on Thursday, July 6, 2006. on Friday, July 7, 2006. Docket Numbers: PH06–85–000. Docket Numbers: PH06–91–000. Take notice that the Commission Applicants: Barrick Gold Corporation; Applicants: Ironhill Transmission, received the following electric securities Barrick Goldstrike Mines, Inc. LLC; International Transmission filings: Description: Barrick Gold Corp and Holdings Limited Partnership; ITC Docket Numbers: ES06–53–000. Barrick Goldstrike Mines, Inc. submit Holdings Corp. Applicants: MDU Resources Group, their Exemption notification of section Description: Ironhill Transmission, Inc. 366.3(b)(2)(iii) of PUHCA of 2005. LLC, et al submit a Joint Waiver Description: MDU Resources Group, Filed Date: 6/15/2006. Notification of Sections 366.(c)(3), Inc submits its application for authority Accession Number: 20060615–5024. 366.3(c)(1) and 366.5(c)(1) of PUHCA of to issue additional 4, 343,295 shares of Comment Date: 5 p.m. Eastern Time 2005. Company Common Stock in connection on Thursday, July 6, 2006. Filed Date: 6/15/2006. with the Long-Term Performance-Based Docket Numbers: PH06–86–000. Accession Number: 20060615–5088. Incentive Plan. Applicants: PG&E Corporation. Comment Date: 5 p.m. Eastern Time Filed Date: 6/7/2006. Description: PG&E Corporation on Thursday, July 6, 2006. Accession Number: 20060614–0078. submits its Waiver Notification of Status Docket Numbers: PH06–92–000. Comment Date: 5 p.m. Eastern Time as a Single-State Holding Co. System; Applicants: UIL Holdings on Wednesday, June 28, 2006. pursuant to sections 366.21, 366.22, and Corporation. Take notice that the Commission 366.23 of PUHCA of 2005. Description: UIL Holdings received the following foreign utility Filed Date: 6/15/2006. Corporation submits a Waiver company status filings: Accession Number: 20060615–5040. Notification of sections 366.3(c)(1) and Docket Numbers: FC06–12–000. Comment Date: 5 p.m. Eastern Time 366.4(c)(1) of PUHCA 2005. Applicants: Brookfield Asset on Thursday, July 6, 2006. Filed Date: 6/15/2006. Management Inc. Docket Numbers: PH06–87–000. Accession Number: 20060615–5094. Description: Brookfield Asset Applicants: Trans-Elect, Inc.; Trans- Comment Date: 5 p.m. Eastern Time Management, on behalf of its direct and Elect Holding Company; Trans-Elect on Thursday, July 6, 2006. indirect subsidiaries, submits a Notice Michigan, LLC; Michigan Transco Docket Numbers: PH06–93–000. of Self-Certification of Foreign Utility Holdings, Limited Partnership. Applicants: Brookfield Asset Company Status, pursuant to sections Description: Trans-Elect Holding Management Inc. 366.1 and 366.7(a) of the Regulations. Company, et al, submit their Description: Brookfield Asset Filed Date: 6/15/2006. Notification of Wavier of sections Management Inc. submits an exemption Accession Number: 20060615–5029. 3.66.21, 366.22, and 366.23 of PUHCA notification of section 366.4(b)(1) of Comment Date: 5 p.m. Eastern Time of 2005. PUHCA of 2005. on Thursday, July 6, 2006. Filed Date: 6/15/2006. Filed Date: 6/15/2006. Docket Numbers: FC06–14–000. Accession Number: 20060615–5041. Accession Number: 20060615–5103. Applicants: Centrica Barry Limited, Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time Barrow Offshore Wind Limited; Braes of on Thursday, July 6, 2006. on Thursday, July 6, 2006.

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Docket Numbers: PH06–94–000. must file in accordance with Rules 211 DEPARTMENT OF ENERGY Applicants: ATC Management Inc. and 214 of the Commission’s Rules of Description: ATC Management Inc. Practice and Procedure (18 CFR 385.211 Federal Energy Regulatory submits its Waiver Notification of and 385.214) on or before 5 p.m. Eastern Commission sections 366.3 and 366.4 of PUHCA of time on the specified comment date. It [Docket No. AD06–9–000] 2005. is not necessary to separately intervene Filed Date: 6/15/2006. again in a subdocket related to a RTO Border Utility Issues; Notice Accession Number: 20060615–5114. compliance filing if you have previously Comment Date: 5 p.m. Eastern Time Postponing Technical Conference intervened in the same docket. Protests on Thursday, July 6, 2006. will be considered by the Commission June 21, 2006. Docket Numbers: PH06–95–000. in determining the appropriate action to The Commission is postponing the Applicants: AES Corporation. be taken, but will not serve to make technical conference on RTO border Description: AES Corporation submits protestants parties to the proceeding. utility issues originally scheduled for a Waiver Notification of Status as Anyone filing a motion to intervene or July 10, 2006. The new date will be Single-State Holding Co. System announced in a future notice. pursuant to sections 366.4(c)(1), et al. of protest must serve a copy of that PUHCA. document on the Applicant. In reference Magalie R. Salas, Filed Date: 6/15/2006. to filings initiating a new proceeding, Secretary. Accession Number: 20060615–5115. interventions or protests submitted on [FR Doc. E6–10487 Filed 7–5–06; 8:45 am] Comment Date: 5 p.m. Eastern Time or before the comment deadline need BILLING CODE 6717–01–P on Thursday, July 6, 2006. not be served on persons other than the Docket Numbers: PH06–96–000. Applicant. Applicants: Pinnacle West Capital The Commission encourages FEDERAL COMMUNICATIONS Corporation. electronic submission of protests and COMMISSION Description: Pinnacle West Capital interventions in lieu of paper, using the Corporation submits its Public Utility FERC Online links at http:// Public Information Collection(s) Holding Company Act of 2005 Waiver www.ferc.gov. To facilitate electronic Requirement Submitted to OMB for Request. service, persons with Internet access Emergency Review and Approval Filed Date: 6/15/2006. who will eFile a document and/or be Accession Number: 20060616–5044. June 28, 2006. listed as a contact for an intervenor Comment Date: 5 p.m. Eastern Time SUMMARY: must create and validate an The Federal Communications on Thursday, July 6, 2006. Commission, as part of its continuing eRegistration account using the Docket Numbers: PH06–97–000. effort to reduce paperwork burden eRegistration link. Select the eFiling Applicants: ArcLight Capital invites the general public and other link to log on and submit the Holdings, LLC. Federal agencies to take this Description: ArcLight Capital intervention or protests. opportunity to comment on the Holdings, LLC submits its exemption Persons unable to file electronically following information collection(s), as notification of section 366.4(b)(1) of should submit an original and 14 copies required by the Paperwork Reduction Regulations. of the intervention or protest to the Act of 1995, Public Law 104–13. An Filed Date: 6/15/2006. Federal Energy Regulatory Commission, agency may not conduct or sponsor a Accession Number: 20060615–4009. 888 First St. NE., Washington, DC collection of information unless it Comment Date: 5 p.m. Eastern Time 20426. displays a currently valid control on Thursday, July 6, 2006. The filings in the above proceedings number. No person shall be subject to any penalty for failing to comply with Docket Numbers: PH06–98–000. are accessible in the Commission’s Applicants: National Fuel Gas a collection of information subject to the eLibrary system by clicking on the Company. Paperwork Reduction Act (PRA) that appropriate link in the above list. They Description: National Fuel Gas Co. does not display a valid control number. submits its Waiver Notification are also available for review in the Comments are requested concerning (a) pursuant to the Commission’s Order 667 Commission’s Public Reference Room in whether the proposed collection of under the Public Utility Holding Washington, DC. information is necessary for the proper Company Act of 2005. There is an eSubscription link on the performance of the functions of the Filed Date: 6/15/2006. Web site that enables subscribers to Commission, including whether the Accession Number: 20060620–0204. receive e-mail notification when a information shall have practical utility; Comment Date: 5 p.m. Eastern Time document is added to a subscribed (b) the accuracy of the Commission’s on Thursday, July 6, 2006. dockets(s). For assistance with any burden estimate; (c) ways to enhance Docket Numbers: PH06–99–000. FERC Online service, please e-mail the quality, utility, and clarity of the Applicants: LGB Cap Rock LLC. [email protected]. or call information collected; and (d) ways to Description: LGB Cap Rock LLC (866) 208–3676 (toll free). For TTY, call minimize the burden of the collection of submits Waiver Notification pursuant to (202) 502–8659. information on the respondents, the Commission’s Regulations under the including the use of automated Public Utility Holding Company Act of Magalie R. Salas, collection techniques or other forms of 2005. Secretary. information technology. Filed Date: 6/15/2006. [FR Doc. E6–10489 Filed 7–5–06; 8:45 am] DATES: Written comments should be Accession Number: 20060620–0203. BILLING CODE 6717–01–P submitted on or before August 7, 2006. Comment Date: 5 p.m. Eastern Time If you anticipate that you will be on Thursday, July 6, 2006. submitting comments, but find it Any person desiring to intervene or to difficult to do so within the period of protest in any of the above proceedings time allowed by this notice, you should

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advise the contacts listed below as soon contribution mechanism remains minimize the burden of the collection of as possible. equitable, nondiscriminatory, and information on the respondents, ADDRESSES: Direct all Paperwork competitive neutral. The Commission including the use of automated Reduction Act (PRA) comments to determined that interconnected VoIP collection techniques or other forms of Judith B. Herman, Federal providers may contribute based on information technology. Communications Commission, Room 1– either an interim safe harbor amount, DATES: Written comments should be C804, 445 12th Street, SW., DC 20554 or under which interconnected VoIP submitted on or before August 7, 2006. an e-mail to [email protected]. If you would providers treat 64.9 percent of their If you anticipate that you will be like to obtain or view a copy of this telecommunications revenues as submitting comments, but find it information collection, you may do so interstate; their actual interstate end- difficult to do so within the period of by visiting the FCC PRA web page at: user telecommunications revenues; or time allowed by this notice, you should http://www.fcc.gov/omd/pra. an estimate of their interstate end-user advise the contact listed below as soon telecommunications revenues as FOR FURTHER INFORMATION CONTACT: For as possible. determined by a traffic study that has additional information or copies of the ADDRESSES: Direct all comments to been approved by the Federal information collection(s), contact Judith Communication Commission and Cathy Williams, Federal B. Herman at 202–418–0214 or via the submitted to USAC. Communications Commission, Room 1– Internet at [email protected]. In addition, the Commission C823, 445 12th Street, SW., Washington, SUPPLEMENTARY INFORMATION: The determined that to the extent wireless DC 20554 or via the Internet to Commission has requested OMB providers report revenue based on [email protected] or Kristy L. approval of this information collection traffic studies, in lieu of reporting actual LaLonde, Office of Management and under the emergency processing interstate end-user telecommunications Budget (OMB), Room 10236 NEOB, provisions of the Paperwork Reduction revenues or the interim wireless safe Washington, DC 20503, (202) 395–3087 Act by July 20, 2006. harbor of 37.1 percent, such traffic or via the Internet at _ _ OMB Control Number: 3060–0855. studies must be filed with the Federal Kristy L. [email protected]. Title: Telecommunications Reporting Communications Commission and the FOR FURTHER INFORMATION CONTACT: For Worksheet, CC Docket No. 96–45. Universal Service Fund administrator. additional information concerning this Form Number: FCC Forms 499A and information collection(s) contact Cathy 499Q. Federal Communications Commission. William F. Caton, Williams at (202) 418–2918 or via the Type of Review: Revision of a Internet at [email protected]. If currently approved collection. Deputy Secretary. [FR Doc. E6–10474 Filed 7–5–06; 8:45 am] you would like to obtain or view a copy Respondents: Business or other for- of this revised information collection, BILLING CODE 6712–01–P profit and not-for-profit institutions. you may do so by visiting the FCC PRA Number of Respondents: 5,625 web page at: http://www.fcc.gov/omd/ respondents; 17,465 responses. pra. Estimated Time per Response: 10–25 FEDERAL COMMUNICATIONS hours per quarterly filing; 13.5–25 hours COMMISSION SUPPLEMENTARY INFORMATION: per annual filing. OMB Control Number: 3060–0647. Notice of Public Information Frequency of Response: On occasion, Title: Annual Cable Price Survey and Collection(s) Being Submitted to OMB one-time, quarterly and annual Supplemental Questions. for Review and Approval reporting requirements, recordkeeping Form Number: Not applicable. requirement, and third party disclosure June 27, 2006. Type of Review: Revision of a requirement. SUMMARY: The Federal Communications currently approved collection. Total Annual Burden: 263,230 hours. Commissions, as part of its continuing Respondents: Business or other for- Total Annual Cost: 0. effort to reduce paperwork burden profit entities; State, local or tribal Privacy Impact Assessment: N/A. invites the general public and other government. Needs and Uses: This collection was Federal agencies to take this Number of Respondents: 758. submitted as a revision to an existing opportunity to comment on the Estimated Time per Response: 2–7 collection to obtain emergency following information collection, as hours. clearance for FCC Forms 499–A and required by the Paperwork Reduction Frequency of Response: Annual 499–Q (3060–0855). Universal Service Act of 1995, Public Law 104–13. An Reporting Requirement. obligations have been extended to agency may not conduct or sponsor a Total Annual Burden: 6,822 hours. Interconnected Voice over Internet collection of information unless it Total Annual Cost: None. Protocol Providers. The Federal displays a currently valid control Privacy Impact Assessment: No Communications Commission number. No person shall be subject to impact(s). (Commission) requires any penalty for failing to comply with Needs and Uses: This data collection telecommunications carriers and other a collection of information subject to the represents a small number of providers of telecommunications to Paperwork Reduction Act (PRA) that supplemental questions needed to contribute to the universal service fund. does not display a valid control number. complete the 2006 report on cable The Commission has found that Comments are requested concerning (a) industry prices. The Commission interconnected VoIP providers are whether the proposed collection of received OMB approval for the Annual providers of interstate information is necessary for the proper Survey of Cable Industry Prices on telecommunications. As such, the performance of the functions of the February 7, 2006. Section 623(k) of the Commission has determined that Commission, including whether the Cable Television Consumer Protection interconnected VoIP providers should information shall have practical utility; and Competition Act of 1992 requires contribute to the universal service fund. (b) the accuracy of the Commission’s the Commission to publish an annual By including interconnected VoIP burden estimate; (c) ways to enhance statistical report on average rates for providers in the contribution base, the the quality, utility, and clarity of the basic cable service, cable programming Commission ensures that its information collected; and (d) ways to service, and equipment. The report must

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compare the prices charged by cable an e-mail to [email protected]. If you would leasing arrangements. We recognize operators subject to effective like to obtain or view a copy of this that, due to the transaction costs competition and those not subject to information collection, you may do so associated with leasing or other market effective competition. The data from by visiting the FCC PRA web page at: factors, licensees and other parties may these supplemental questions are http://www.fcc.gov/omd/pra. wish to utilize other types of needed to complete this report. FOR FURTHER INFORMATION CONTACT: For arrangements involving opportunistic Federal Communications Commission. additional information or copies of the use of licensed spectrum. To that end, William F. Caton, information collection(s), contact Judith we adopt a ‘‘private commons’’ option distinct from either spectrum leases or Deputy Secretary. B. Herman at 202–418–0214 or via the other existing arrangements. The private [FR Doc. E6–10476 Filed 7–5–06; 8:45 am] Internet at [email protected]. SUPPLEMENTARY INFORMATION commons option may be particularly BILLING CODE 6712–01–P : OMB Control No.: 3060–1058. well suited to meet the unique needs of Title: FCC Wireless market participants that incorporate ‘‘smart’’ or ‘‘opportunistic’’ use FEDERAL COMMUNICATIONS Telecommunications Bureau technologies within their bands. COMMISSION Application or Notification for Spectrum Leasing Arrangement or Federal Communications Commission. Notice of Public Information Private Commons Arrangement. William F. Caton, Collection(s) Being Submitted for Form No.: FCC Form 608 (formerly Deputy Secretary. Review to the Office of Management known as FCC Form 603–T). [FR Doc. E6–10477 Filed 7–5–06; 8:45 am] and Budget Type of Review: Revision of a BILLING CODE 6712–01–P currently approved collection. June 26, 2006. Respondents: Business or other for- SUMMARY: The Federal Communications profit, not-for-profit institutions, and FEDERAL COMMUNICATIONS Commission, as part of its continuing state, local or tribal government. COMMISSION effort to reduce paperwork burden Number of Respondents: 1,490. invites the general public and other Estimated Time per Response: 1–4 Notice of Public Information Federal agencies to take this hours. Collection(s) Being Submitted to OMB opportunity to comment on the Frequency of Response: On occasion for Review and Approval following information collection(s), as reporting requirement, recordkeeping required by the Paperwork Reduction requirement and third party disclosure June 28, 2006. Act (PRA) of 1995, Public Law 104–13. requirement. SUMMARY: The Federal Communications An agency may not conduct or sponsor Total Annual Burden: 6,010 hours. Commissions, as part of its continuing a collection of information unless it Total Annual Cost: $846,600. effort to reduce paperwork burden displays a currently valid control Privacy Act Impact Assessment: N/A. invites the general public and other number. No person shall be subject to Needs and Uses: The Commission is Federal agencies to take this any penalty for failing to comply with submitting this information collection to opportunity to comment on the a collection of information subject to the OMB as a revision in order to obtain the following information collection, as Paperwork Reduction Act (PRA) that full three-year clearance from them. required by the Paperwork Reduction does not display a valid control number. The Commission adopted and Act of 1995, Public Law 104–13. An Comments are requested concerning (a) released a Second Report and Order agency may not conduct or sponsor a whether the proposed collection of (R&O) in FCC 04–167, WT Docket No. collection of information unless it information is necessary for the proper 00–230, which set out regulations and displays a currently valid control performance of the functions of the procedures that removed unnecessary number. No person shall be subject to Commission, including whether the barriers that inhibited the development any penalty for failing to comply with information shall have practical utility; of secondary markets in spectrum usage a collection of information subject to the (b) the accuracy of the Commission’s rights. Specifically, the R&O promoted Paperwork Reduction Act (PRA) that burden estimate; (c) ways to enhance the wider use of ‘‘spectrum leasing’’ by does not display a valid control number. the quality, utility, and clarity of the facilitating the ability of licensees in the Comments are requested concerning (a) information collected; and (d) ways to Wireless Radio Services that hold whether the proposed collection of minimize the burden of the collection of ‘‘exclusive’’ authority to lease some or information is necessary for the proper information on the respondents, all of their spectrum usage rights to performance of the functions of the including the use of automated third parties for any amount spectrum Commission, including whether the collection techniques or other forms of and in any geographic area information shall have practical utility; information technology. encompassed by the license, for any (b) the accuracy of the Commission’s DATES: Written Paperwork Reduction period of time within the terms of the burden estimate; (c) ways to enhance Act (PRA) comments should be license. In essence, the Commission has the quality, utility, and clarity of the submitted on or before August 7, 2006. replaced the existing standard for information collected; and (d) ways to If you anticipate that you will be assessing de facto control with an minimize the burden of the collection of submitting PRA comments, but find it updated standard applicable for information on the respondents, difficult to do so within the period of spectrum leasing that better including the use of automated time allowed by this notice, you should accommodates evolutionary collection techniques or other forms of advise the contact listed below as soon developments in the Commission’s information technology. as possible. spectrum policies, technological DATES: Written comments should be ADDRESSES: Direct all Paperwork advances, and marketplace trends. In submitted on or before August 7, 2006. Reduction Act (PRA) comments to the interest of administrative efficiency, If you anticipate that you will be Judith B. Herman, Federal the Commission now has created FCC submitting comments, but find it Communications Commission, Room 1– Form 608 (formerly FCC Form 603–T) difficult to do so within the period of C804, 445 12th Street, SW., DC 20554 or that pertains specifically to spectrum time allowed by this notice, you should

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advise the contact listed below as soon by interested parties to readily identify comments by email or U.S. postal mail. as possible. the chief operator. The review of the To submit your comments by email ADDRESSES: You may submit your station records is used by the chief send them to: [email protected]. To submit Paperwork Reduction Act (PRA) operator, and FCC staff in your comments by U.S. mail, mark it to comments by e-mail or U.S. postal mail. investigations, to ensure that the station the attention of Judith B. Herman, To submit your comments by email is operating in accordance with its Federal Communications Commission, send them to [email protected]. To submit station authorization and the FCC rules 445 12th Street, SW., Room 1–C804, your comments by U.S. mail, mark them and regulations. Washington, DC 20554. to the attention of Cathy Williams, Federal Communications Commission. FOR FURTHER INFORMATION CONTACT: For Federal Communications Commission, William F. Caton, additional information about the Room 1–C823, 445 12th Street, SW., Deputy Secretary. information collection(s) send an email Washington, DC 20554 and Kristy L. [FR Doc. E6–10478 Filed 7–5–06; 8:45 am] to [email protected] or contact Judith B. LaLonde, Office of Management and Herman at 202–418–0214. If you would Budget (OMB), Room 10236 NEOB, BILLING CODE 6712–01–P like to obtain or view a copy of this Washington, DC 20503, (202) 395–3087 information collection, you may do so or via the Internet at by visiting the FCC PRA web page at: _ _ FEDERAL COMMUNICATIONS Kristy L. [email protected]. COMMISSION http://www.fcc.gov/omd/pra. FOR FURTHER INFORMATION CONTACT: For SUPPLEMENTARY INFORMATION: additional information about the Notice of Public Information OMB Control No.: 3060–0745. information collection(s) send an e-mail Collection(s) Being Reviewed by the Title: Implementation of the Local to [email protected] or contact Cathy Federal Communications Commission Exchange Carrier Tariff Streamlining Williams at (202) 418–2918. If you for Extension Under Delegated Provisions in the Telecommunications would like to obtain a copy of the Authority Act of 1996, CC Docket No. 96–187. Form No.: N/A. information collection, you may do so June 26, 2006. by visiting the FCC PRA Web page at: Type of Review: Extension of a SUMMARY: The Federal Communications http://www.fcc.gov/omd/pra. currently approved collection. Commission, as part of its continuing Respondents: Business or other for- SUPPLMENTARY INFORMATION: effort to reduce paperwork burden OMB Control Number: 3060–0208. profit. invites the general public and other Number of Respondents: 67. Title: Section 73.1870, Chief Federal agencies to take this Operators. Estimated Time per Response: 1–55.9 opportunity to comment on the hours. Form Number: Not applicable. following information collection(s), as Type of Review: Extension of a Frequency of Response: On occasion required by the Paperwork Reduction reporting requirement, recordkeeping currently approved collection. Act of 1995, Public Law 104–13. An Respondents: Business or other for- requirement and third party disclosure agency may not conduct or sponsor a profit entities; Not-for-profit requirement. collection of information unless it institutions. Total Annual Burden: 3,934 hours. displays a currently valid control Number of Respondents: 18,498. Annual Cost Burden: $775,000. number. No person shall be subject to Estimated Time per Response: 26 Privacy Act Impact Assessment: N/A. any penalty for failing to comply with hours. Needs and Uses: This collection will Frequency of Response: a collection of information subject to the be submitted to the Office of Recordkeeping requirement; Third party Paperwork Reduction Act (PRA) that Management and Budget (OMB) after disclosure requirement. does not display a valid control number. this 60 day comment period as an Total Annual Burden: 484,019 hours. Comments are requested concerning (a) extension (no change in requirements) Total Annual Cost: None. whether the proposed collection of in order to obtain the full three year Privacy Impact Assessment: No information is necessary for the proper clearance from them. The number of impact(s). performance of the functions of the respondents has decreased from 1,520 to Needs and Uses: 47 CFR 73.1870 Commission, including whether the 67 from the last time this collection was requires that the licensee of an AM, FM, information shall have practical utility; submitted to OMB in 2003. The or TV broadcast station designate a chief (b) the accuracy of the Commission’s requested changes in burden for the operator of the station. Section burden estimate; (c) ways to enhance total annual burden hours and annual 73.1870(b)(3) requires that this the quality, utility, and clarity of the costs have been revised to accurately designation must be in writing and information collected; and (d) ways to reflect the most recent information posted with the station license. Section minimize the burden of the collection of available. Many local exchange carriers 73.1870(c)(3) requires that the chief information on the respondents, have chosen to participate in group operator, or personnel delegated and including the use of automated filings for tariffs. This has resulted in a supervised by the chief operator, review collection techniques or other forms of major adjustment to the number of the station records at least once each information technology. respondents, estimated burden hours week to determine if required entries are DATES: Persons wishing to comment on and annual costs. For instance, National being made correctly, and verify that the this information collection should Exchange Carrier Association (NECA) station has been operated in accordance submit comments September 5, 2006. If files for approximately 900 Local with FCC rules and the station you anticipate that you will be Exchange Carriers (LECs). This has authorization. Upon completion of the submitting comments, but find it drastically reduced the number of review, the chief operator must date and difficult to do so within the period of respondents for this collection. sign the log, initiate corrective action time allowed by this notice, you should The Commission issued these which may be necessary and advise the advise the contact listed below as soon reporting, recordkeeping and third party station licensee of any condition which as possible. disclosure requirements in CC Docket is repetitive. The posting of the ADDRESSES: You may submit your No. 96–187 in January 31, 1997. The designation of the chief operator is used Paperwork Reduction Act (PRA) rulemaking adopted measures to

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streamline tariff filing requirements for By order of the Federal Maritime Reason: Failed to maintain a valid LECs of the Telecommunications Act of Commission. bond. 1996. In order to achieve a streamlined Bryant L. VanBrakle, Sandra L. Kusumoto, and de-regulatory environment for LEC Secretary. Director, Bureau of Certification and tariff filings, LECs are required to file [FR Doc. E6–10546 Filed 7–5–06; 8:45 am] Licensing. tariffs electronically. BILLING CODE 6730–01–P [FR Doc. E6–10545 Filed 7–5–06; 8:45 am] Federal Communications Commission. BILLING CODE 6730–01–P William F. Caton, FEDERAL MARITIME COMMISSION Deputy Secretary. [FR Doc. E6–10480 Filed 7–5–06; 8:45 am] Ocean Transportation Intermediary FEDERAL MARITIME COMMISSION BILLING CODE 6712–01–P License Ocean Transportation Intermediary Revocations License Applicants Notice is hereby given that the The Federal Maritime Commission FEDERAL MARITIME COMMISSION following applicants have filed with the hereby gives notice that the following Federal Maritime Commission an Notice of Agreements Filed Ocean Transportation Intermediary application for license as a Non- licenses have been revoked pursuant to Vessel—Operating Common Carrier and The Commission hereby gives notice section 19 of the Shipping Act of 1984 Ocean Freight Forwarder—Ocean of the filing of the following agreements (46 U.S.C. app. 1718) and the Transportation Intermediary pursuant to under the Shipping Act of 1984. regulations of the Commission section 19 of the Shipping Act of 1984 Interested parties may submit comments pertaining to the licensing of Ocean as amended (46 U.S.C. app. 1718 and 46 on an agreement to the Secretary, Transportation Intermediaries, 46 CFR CFR part 515). Federal Maritime Commission, part 515, effective on the corresponding Persons knowing of any reason why Washington, DC 20573, within ten days date shown below: of the date this notice appears in the the following applicants should not License Number: 010564NF. Federal Register. Copies of agreements receive a license are requested to are available through the Commission’s Name: American World Alliance, Inc. contact the Office of Transportation Office of Agreements (202–523–5793 or Address: 4130 Santa Fe Avenue, Long Intermediaries, Federal Maritime [email protected]). Beach, CA 91080. Commission, Washington, DC 20573. Date Revoked: May 8, 2006. Non-Vessel—Operating Common Carrier Agreement No.: 011839–003. Ocean Transportation Intermediary Reason: Surrendered license Title: Med-Gulf Space Charter Applicants voluntarily. Agreement. Horizon Lines of Guam, LLC, 4064 Parties: Hapag-Lloyd Container Linie License Number: 019268N. Colony Road, Suite 200, Charlotte, GmbH and Compania Sud Americana de Name: Dispatch Services Logistics Air NC 28211. Officers: Brian Taylot, Vapores S.A. Limited. President (Qualifying Individual), Address: Unit 1, 13/F, Wong’s Factory Mar F. Labrador, Vice President. Filing Party: Wayne R. Rohde, Esq.; Universal Freight Systems, Inc., 1601 Sher & Blackwell LLP; 1850 M Street, Blvd., 368–370 Sha Tsui Road, Tusen Wan, NT, Hong Kong. Brummel Avenue, Elk Grove, IL NW., Suite 900, Washington, DC 20036. 60007. Officer: Ada Chang, Date Revoked: May 8, 2006. Synopsis: The amendment would President (Qualifying Individual). delete CP Ships, add Hapag-Lloyd Reason: Surrendered license Grupo Delpa Corp, 1810 N.W. 96th Container Linie GmbH, make voluntarily. Avenue, Doral, FL 33172. Officers: corresponding changes throughout the License Number: 001291F. Lucila Rosario, Treasurer agreement, change the name of the Name: Robert J. Semany & Co. dba (Qualifying Individual), Cecilia M. agreement, and restate the agreement. Altransco. Lima, President. ACM International, Corp. dba ACM Agreement No.: 201170. Address: 930 E. Layfayette Blvd., Cargo, 1141 Acadia Avenue, #2, Title: The Los Angeles and Long Suite 203, Detroit, MI 48207. Acadia, CA 91007. Officers: Yi Jie, Beach Port Infrastructure and Date Revoked: June 22, 2006. Wan, Vice President (Qualifying Environmental Programs Cooperative Reason: Failed to maintain a valid Individual), Yun, Bai, President. Working Agreement. bond. FIL Lines USA Inc., 175–01 Rockaway Parties: Port of Los Angeles and Port License Number: 004633F. Blvd., Suite 305, Jamaica, NY of Long Beach. 11434. Officers: Martin Huen, Name: The Hawken Group, Inc. President (Qualifying Individual), Filing Party: Heather M. Burns, Esq., Address: 13126 S. Broadway Street, Harry Taurani, Vice President. Los Angeles City Attorney’s Office, 425 Los Angeles, CA 90061. TW Solutions Inc., 15–05 132nd S. Palos Verdes St., San Pedro, CA Date Revoked: June 19, 2006. Street, College Point, NY 11356. 90731. Reason: Failed to maintain a valid Officers: Hsin-Hauan Chen, Synopsis: The agreement would allow bond. President (Qualifying Individual). the parties to discuss and agree upon License Number: 003103F. Non-Vessel—Operating Common Carrier joint programs and strategies to improve and Ocean Freight Forwarder port transportation infrastructure and Name: United Aero Marine Services, Transportation Intermediary decrease port-related pollution Inc. Applicants emissions. The parties request Address: 5250 W. Century Blvd., D.C. Worldwide Logistics, LLC dba expedited review. Suite 407, Los Angeles, CA 90045. Transgroup, International dba Dated: June 30, 2006. Date Revoked: June 12, 2006. Transfreight Express Lines dba

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Transgroup International, 44965 holding company and/or to acquire the FEDERAL RESERVE SYSTEM Aviation Drive, Suite 303, Dulles, assets or the ownership of, control of, or VA 20166. Officers: Greg Vernoy, the power to vote shares of a bank or Notice of Proposals to Engage in Member (Qualifying Individual), bank holding company and all of the Permissible Nonbanking Activities or Matthew Trachtman, Member/ banks and nonbanking companies to Acquire Companies that are Manager. owned by the bank holding company, Engaged in Permissible Nonbanking TBD Services, Inc. dba Transgroup including the companies listed below. Activities International dba Transfreight The applications listed below, as well Express Lines dba Transgroup The companies listed in this notice as other related filings required by the International, 940 Aldrin Drive, have given notice under section 4 of the Board, are available for immediate Suite 110, Eagan, MN 55121. Bank Holding Company Act (12 U.S.C. inspection at the Federal Reserve Bank Officer: Michelle Lynn Frank, 1843) (BHC Act) and Regulation Y (12 indicated. The application also will be President (Qualifying Individual). CFR Part 225) to engage de novo, or to available for inspection at the offices of Watership Ltd, dba Transgroup acquire or control voting securities or the Board of Governors. Interested International dba Transfreight assets of a company, including the persons may express their views in Express Lines dba Transgroup companies listed below, that engages writing on the standards enumerated in International, 650 Atlanta South either directly or through a subsidiary or the BHC Act (12 U.S.C. 1842(c)). If the Parkway, Suite 100, Atlanta, GA other company, in a nonbanking activity 30349. Officers: Raymond L. proposal also involves the acquisition of that is listed in § 225.28 of Regulation Y Bachman, President (Qualifying a nonbanking company, the review also (12 CFR 225.28) or that the Board has Individual), Tamara Barnes, includes whether the acquisition of the determined by Order to be closely Secretary. nonbanking company complies with the related to banking and permissible for Idaho Specialized Transportation, Inc. standards in section 4 of the BHC Act bank holding companies. Unless dba Transgroup International dba (12 U.S.C. 1843). Unless otherwise otherwise noted, these activities will be Transfreight Express Lines dba noted, nonbanking activities will be conducted throughout the United States. Transgroup International, 1287 conducted throughout the United States. Boeing Street, Boise, ID 83705. Additional information on all bank Each notice is available for inspection Officers: Clay Sauer, President holding companies may be obtained at the Federal Reserve Bank indicated. (Qualifying Individual), Jesper from the National Information Center The notice also will be available for Bach, Vice President. Web site at www.ffiec.gov/nic/. inspection at the offices of the Board of Gateway Logistics, LLC dba Governors. Interested persons may Unless otherwise noted, comments Transgroup International dba express their views in writing on the regarding each of these applications Transfreight Express Lines dba question whether the proposal complies must be received at the Reserve Bank Transgroup International, 4700 with the standards of section 4 of the indicated or the offices of the Board of Oakland Street, Suite 160, Denver, BHC Act. Additional information on all Governors not later than July 31, 2006. CO 80239. Officers: Laura Gravina, bank holding companies may be Vice President (Qualifying A. Federal Reserve Bank of St. Louis obtained from the National Information Individual), Linda Gravina, (Glenda Wilson, Community Affairs Center website at www.ffiec.gov/nic/. President. Officer) 411 Locust Street, St. Louis, Unless otherwise noted, comments World Cargo Express, Inc., 4701 W. Missouri 63166-2034: Imperial Hwy., Suite 202, regarding the applications must be Inglewood, CA 90304. Officers: 1. Midwest Community Bancshares, received at the Reserve Bank indicated John Chang, President (Qualifying Inc., Marion, Illinois, to merge with C.P. or the offices of the Board of Governors Individual), Gary Dorian, Vice Burnett & Sons, Inc., Eldorado, Illinois, not later than July 31, 2006. and thereby indirectly acquire C.P. President. A. Federal Reserve Bank of Chicago Burnett & Sons, Bankers, Eldorado, Fortune Logistics (USA) Inc., 3770 (Patrick M. Wilder, Assistant Vice Illinois. West Century Blvd., Inglewood, CA President) 230 South LaSalle Street, 90303. Officer: Paul Tak Po Chow, B. Federal Reserve Bank of Chicago, Illinois 60690-1414: CEO (Qualifying Individual). Minneapolis (Jacqueline G. King, 1. Republic Bancorp Co., Orland Park, Community Affairs Officer) 90 Dated: June 30, 2006. Illinois; to acquire up to 24.99 percent Hennepin Avenue, Minneapolis, Bryant L. VanBrakle, of the voting shares of Park Bancorp, Minnesota 55480-0291: Secretary. Inc., Chicago, Illinois, and thereby [FR Doc. E6–10544 Filed 7–5–06; 8:45 am] 1. U.S. Bancorp, Minneapolis, indirectly acquire Park Federal Savings BILLING CODE 6730–01–P Minnesota; to acquire 100 percent of the Bank, Chicago, Illinois, and thereby voting shares of Vail Banks, Inc., Avon, engage in operating a savings Colorado, and thereby indirectly acquire association, pursuant to section FEDERAL RESERVE SYSTEM WestStar Bank, Vail, Colorado. 225.28(b)(4)(ii) of Regulation Y. Formations of, Acquisitions by, and Board of Governors of the Federal Reserve Board of Governors of the Federal Reserve Mergers of Bank Holding Companies System, June 30, 2006. System, June 30, 2006. Robert deV. Frierson, Robert deV. Frierson, The companies listed in this notice Deputy Secretary of the Board. Deputy Secretary of the Board. have applied to the Board for approval, [FR Doc. E6–10527 Filed 7–5–06; 8:45 am] pursuant to the Bank Holding Company [FR Doc. E6–10528 Filed 7–5–06; 8:45 am] Act of 1956 (12 U.S.C. 1841 et seq.) BILLING CODE 6210–01–S BILLING CODE 6210–01–S (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank

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DEPARTMENT OF THE TREASURY 550 17th Street, NW., Washington, DC following the effective date of the 20429. FDIC’s interim rule and that, for the Office of the Comptroller of the SUPPLEMENTARY INFORMATION: June 30 report date only, banks may Currency provide reasonable estimates for any I. Background new or revised Call Report item for FEDERAL RESERVE SYSTEM Banks file Call Report data with the which the requested information is not agencies each quarter for the agencies’ readily available. After banks make any FEDERAL DEPOSIT INSURANCE use in monitoring the condition, necessary changes to their systems and CORPORATION performance, and risk profile of records, the agencies estimated that these deposit-related reporting changes Effect of the Federal Deposit Insurance reporting banks and the industry as a whole. In addition, Call Report data would produce an average net increase Reform Act on the Consolidated of 0.5 hours per bank per year in the Reports of Condition and Income provide the most current statistical data available for evaluating bank corporate ongoing reporting burden of the Call AGENCIES: Office of the Comptroller of applications such as mergers, for Report. the Currency (OCC), Treasury; Board of identifying areas of focus for both on- The agencies received comments on Governors of the Federal Reserve site and off-site examinations, and for their notice from America’s Community System (Board); and Federal Deposit monetary and other public policy Bankers (ACB), the Independent Insurance Corporation (FDIC). purposes. Call Report data are also used Community Bankers of America (ICBA), and the American Bankers Association ACTION: Joint notice. to calculate all banks’ deposit insurance and Financing Corporation assessments (ABA). SUMMARY: On May 8, 2006, the agencies, and national banks’ semiannual ACB supported the Call Report under the auspices of the Federal assessment fees. revisions but expressed concern about the short amount of time for banks to Financial Institutions Examination II. Current Actions Council (FFIEC), published a joint implement the items. ACB urged the notice, with a request for comment, The Federal Deposit Insurance Reform agencies to waive any penalties for announcing the effect of the Federal Act of 2005 (Reform Act) (Pub. L. 109– reporting errors specific to the new or Deposit Insurance Reform Act on the 171), enacted in February 2006, revised items in the June 30, 2006, Call reporting of certain deposit-related data increased the deposit insurance limit for Report. The agencies do not anticipate in the Consolidated Reports of certain retirement plan deposit accounts imposing monetary penalties on banks Condition and Income (Call Report; from $100,000 to $250,000. The basic for such reporting errors in that Call FFIEC 031 and 041). The notice insurance limit for other depositor— Report. described regulatory reporting revisions individuals, joint accountholders, The ICBA commented that the being made to the Call Report effective businesses, government entities, and reporting revisions are not overly June 30, 2006, primarily in response to trusts—remains at $100,000. The FDIC burdensome and the ability to report an increase in the deposit insurance issued an interim rule to implement this reasonable estimates in the June 30, coverage for certain retirement plan increase in coverage and other 2006, Call Report is helpful. The ICBA deposits from $100,000 to $250,000. provisions of the Reform Act pertaining added, however, that once necessary After considering the comments to deposit insurance coverage effective systems changes are made, the ongoing received on the agencies’ notice, the April 1, 2006 (71 FR 14629). reporting burden from the revised agencies are providing additional Because the deposit insurance reporting requirements would be 20 to information concerning the coverage for certain retirement plan 30 minutes per quarter rather than the implementation of the regulatory deposits has increased while the 30 minutes per year that the agencies reporting changes related to retirement insurance limit for deposit accounts in had estimated. The agencies will revise plan deposits eligible for $250,000 in other ownership capacities has not their estimate of the effect of the insurance coverage. changed, the agencies announced on deposit-related reporting changes to an May 8, 2006 (71 FR 26809), that data on average net increase of 1.33 hours per DATES: The regulatory reporting the number and amount of retirement bank per year in the ongoing reporting revisions related to certain retirement deposit accounts with balances within burden of the Call Report. plan deposits take effect June 30, 2006, and in excess of the new $250,000 The ABA urged the agencies to delay subject to transition guidance. insurance limit will begin to be reported the reporting revisions until the FDIC FOR FURTHER INFORMATION CONTACT: separately in the Call Report from data finalizes its interim rule on retirement OCC: Mary Gottlieb, OCC Clearance on the number and amount of other deposit account insurance and banks Officer, or Camille Dickerson, (202) deposit accounts within and in excess of have had time to make necessary 874–5090, Legislative and Regulatory the $100,000 insurance limit (Schedule systems changes. The ABA noted that Activities Division, Office of the RC–O, Memorandum item 1). The the amount of time that banks have to Comptroller of the Currency, 250 E agencies also stated that the Call Report prepare for these reporting revisions is Street, SW., Washington, DC 20219. instructions for reporting estimated shorter than usual and indicated that Board: Michelle E. Long, Board uninsured deposits by banks with $1 bank deposit records and systems do not Clearance Officer, (202) 452–3829, billion or more in total assets (Schedule clearly distinguish the types of Division of Research and Statistics, RC–O, Memorandum item 2) and for retirement deposit accounts eligible for Board of Governors of the Federal reporting fully insured brokered the higher insurance coverage from Reserve System, 20th and C Streets, deposits (Schedule RC–E, Memorandum other accounts. It also asserted that NW., Washington, DC 20551. item 1.c) will be revised to reflect the there is uncertainty in the banking Telecommunications Device for the Deaf new insurance limit for retirement industry as to which retirement deposit (TDD) users may call (202) 263–4869. deposit accounts. The agencies’ accounts are eligible for the higher FDIC: Steven F. Hanft, (202) 898– announcement also advised that these insurance coverage. To address these 3907, Room MB–3064, Legal Division, reporting revisions would take effect concerns, the agencies will implement Federal Deposit Insurance Corporation, June 30, 2006, the first report date the following transitional approach to

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the Call Report revisions related to deposit accounts as eligible for the Federal Deposit Insurance Corporation. retirement deposit accounts. $100,000 insurance coverage in the Robert E. Feldman, First, because banks have long revised Schedule RC–O and Schedule Executive Secretary. reported the total amount of deposits RC–E Memorandum items in their [FR Doc. 06–6020 Filed 7–5–06; 8:45 am] held in Individual Retirement Accounts December 31, 2006, Call Report. BILLING CODE 4810–33–P; 6210–01–P; 6714–01–P (IRAs) and Keogh Plan accounts in Call Thereafter, banks’ deposit records and Report Schedule RC–E, Memorandum systems should enable them to report item 1.a, these two types of retirement information on all retirement deposit GENERAL SERVICES deposit accounts should already be accounts in these Call Report items in ADMINISTRATION identified in banks’ deposit records and accordance with the applicable systems. All deposits held in IRAs and instructions. Establishment of a Transaction Fee for those deposits held in Keogh Plan Transportation Services Provided for accounts that are ‘‘self-directed’’ are In addition, the agencies have the GSA, Office of Global Supply eligible for the $250,000 insurance received inquiries concerning the coverage. For IRAs, banks may provide reporting of brokered certificates of AGENCY: Federal Supply Service, GSA. reasonable estimates for the information deposit issued in $1,000 amounts under ACTION: Notice in response to comments to be reported in the revised Schedule a master certificate of deposit in the on proposed rule. RC–O and Schedule RC–E revised Schedule RC–O and Schedule Memorandum items in their June 30 and RC–E Memorandum items. For these so- SUMMARY: GSA published a notice in the September 30, 2006, Call Reports. For called ‘‘retail brokered deposits,’’ Federal Register at 70 FR 73248 on Keogh Plan accounts, banks may multiple purchases by individual December 9, 2005, and an extension to provide reasonable estimates of the depositors from an individual bank that notice at 70 FR 76455 on December portion of these accounts eligible for the normally do not exceed the applicable 27, 2005, soliciting comments on the $250,000 insurance coverage in the deposit insurance limit (either $100,000 establishment of a 4% transaction fee revised Schedule RC–O and Schedule for transportation services provided for or $250,000), but under current deposit RC–E Memorandum items in their June the GSA, Office of Global Supply. insurance rules the deposit broker is not 30 and September 30, 2006, Call Subsequent meetings were held with required to provide information Reports. If a bank’s existing deposit transportation service provider records and systems for Keogh Plan routinely on these purchasers and their industries and the GSA, Office of Global accounts provide insufficient account ownership capacity to the bank Supply. This notice is in response to the information to allow the bank to make issuing the deposits. For purposes of comments GSA received. reporting in the Call Report, these a reasonable estimate, the bank may FOR FURTHER INFORMATION CONTACT Ms. brokered certificates of deposit in treat all deposits held in Keogh Plan Mary Anne Sykes, Transportation $1,000 amounts are rebuttably accounts as eligible for the $250,000 Programs Branch, by telephone at 703– presumed to be fully insured brokered insurance coverage in these two Call 605–2889 or via email at Reports (even though some of these deposits and should be reported in [email protected]. accounts may not be ‘‘self-directed’’ Schedule RC–E, Memorandum item and, therefore, would not be eligible for 1.c.(1), ‘‘Issued in denominations of less SUPPLEMENTARY INFORMATION: The the increased coverage). than $100,000.’’ These deposits should proposed rule is applicable to the Second, banks should determine also be included in Schedule RC–E, Freight Management Program (FMP), whether they have other retirement Memorandum item 2.b, ‘‘Total time Standard Tender of Service (STOS), for deposit accounts eligible for the deposits of less than $100,000.’’ For transportation services provided to the $250,000 insurance coverage (i.e., purposes of revised Schedule RCO, Eastern Distribution Center (EDC), accounts other than IRAs and Keogh Memorandum item 1, the instructions Burlington, NJ; Western Distribution Center (WDC), French Camp, CA; and Plan accounts). Banks may provide state that multiple accounts of the same the National Industries for the Blind reasonable estimates for the information depositor should not be aggregated. (NIB) and National Industries for the to be reported in the revised Schedule Therefore, in the absence of information Severely Handicapped (NISH). It applies RC–O and Schedule RC–E on account ownership capacity for retail Memorandum items in their June 30 and to all transportation service providers brokered certificates of deposit in September 30, 2006, Call Reports. If a (TSPs) transporting these shipments. $1,000 amounts, which are rebuttably bank’s existing deposit records and Comments were received from the presumed to be fully insured brokered systems for these other retirement following individual transportation deposit accounts provide insufficient deposits, banks issuing these brokered service providers, their representatives, information to allow the bank to make deposits should include them in and various industry associations: a reasonable estimate, the bank may Schedule RC–O, Memorandum item 1, Associations treat all of these deposit accounts as as ‘‘Deposit accounts of $100,000 or American Trucking Associations eligible for the $100,000 insurance less.’’ National Motor Freight Traffic coverage in these two Call Reports. Dated: June 27, 2006. Association For the December 31, 2006, Call James Gillespie, Transportation Intermediaries Report, banks would be expected to Association have made appropriate systems changes Deputy Chief Counsel, Office of the NYP, Inc. Comptroller of the Currency. to enable them to report reasonably Fiore Associates accurate data on all types of retirement Board of Governors of the Federal Reserve Transportation Service Providers deposit accounts eligible for the System, June 29, 2006. Crossroad Carriers $250,000 insurance coverage. Therefore, Jennifer J. Johnson, Economy Transport, Inc. banks would no longer be permitted to Landstar System, Inc. Secretary of the Board. elect to treat all Keogh Plan accounts as Tucker Company eligible for the $250,000 insurance Dated at Washington, DC, this 27th day of General comments and issues raised coverage and all other retirement June, 2006. were centered on the following topics:

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• Economic justification/value Dated: June 29, 2006. Emergencies and for the Incident proposition Susan T. May, Response Coordination Team (IRCT)); • Fee is too high Acting Director, Travel and Transportation (3) coordination with relevant entities Management Division (FBL), GSA. inside and outside HHS such as State, • Oppose fee [FR Doc. E6–10579 Filed 7–5–06; 8:45 am] local and Tribal public health and • Overall increase to Government BILLING CODE 6820–89–S medical officials, the private sector, the Cost Departments of Homeland Security • Increase in TSP fees and (DHS), Defense (DOD), Veterans Affairs administrative burden DEPARTMENT OF HEALTH AND (VA), Justice (DOJ), the Homeland • Fee must not apply to existing HUMAN SERVICES Security Council (HSC) and National Security Council (NSC), other ESF 8 tenders partner organizations and others within • Office of the Secretary TSP must be given time to adjust the National security community; (4) rates Office of Public Health Emergency rapid public health and medical support • Fee must apply universally to all Preparedness; Statement of to Federal, State, local and Tribal TSPs Organization, Functions, and governments who may be responding to • TSPs shouldn’t collect and pay Delegations of Authority incidents of national significance or public health and medical emergencies; transaction fees Part A, Office of the Secretary, (5) coordination, support of, and Statement of Organization, Functions, The following responses take into participation in research, development and Delegations of Authority of the consideration the comments on the and procurement activities related to Department of Health and Human potential impact of the proposed rule on public health emergency medical Services (HHS) is being amended at both GSA and the transportation countermeasures destined for the Chapter AN, Office of Public Health industry. Strategic National Stockpile, including Emergency Preparedness, as last GSA must fund its programs to under Project BioShield; (6) leadership amended at 70 FR 5183–5184, dated remain viable and cover the cost of the in international programs, initiatives, February 1, 2005. This organizational services provided by the freight and policies that deal with public health change is primarily to realign the program. GSA’s Federal Supply Service and medical emergency preparedness functions of OPHEP to more clearly (FSS) has assessed an industrial funding and response related to naturally delineate responsibilities for the various fee for essentially all of its programs occurring threats such as infectious activities associated with advanced since Congress authorized GSA to deceases and deliberate threats from research and development and charge fees for its services in 1987. The biologic, chemical, nuclear and acquisition of medical countermeasures proposed 4% transaction fee aligns the radiation sources and (7) leadership and and emergency preparedness and Global Supply transportation services oversight on medical, science, and response. The changes are as follows. with GSA’s funding mechanism for its public health policies, issues, and other programs. I. Under Part A, Chapter AN, ‘‘Office of Public Health Emergency programs. Section 10.AN Organization: OPHEP TSPs will realize additional savings Preparedness (AN),’’ delete in its is headed by the Assistant Secretary for through reduction in administrative entirety and replace with the following: requirements to process invoices. TSPs Section AN.00 Mission: On behalf of Public Health Emergency Preparedness that provide transportation services for the Secretary, the Office of Public (ASPHEP), who reports directly to the GSA, Global Supply will benefit from Health Emergency Preparedness Secretary, and includes the following TMSS electronic billing, electronic rate (OPHEP) leads the Federal public health components: 1. Immediate Office of the ASPHEP submission, automated prepayment and medical response to acts of audit, faster payments, online (ANA) terrorism or nature, and other public 2. Office of the Public Health transaction tracking, automated reports, health and medical emergencies. and complete audit history trails. Emergency Medical Countermeasures OPHEP is a component of the Public (ANB) After careful deliberations GSA Health Service (PHS) and is responsible 3. Office of Preparedness and decided to delay assessment of the 4% for ensuring a One-Deparmtent Emergency Operations (ANC) transaction fee until the TMSS pre- approach to developing public health 4. Office of Medicine, Science and payment audit and payment modules and medical preparedness and response Public Health (ANF) are complete. TSPs will be required to capabilities and leading and 5. Office of Policy and Strategic remit the 4% fee for paid invoices coordinating the relevant activities of Planning (ANE) directly to GSA quarterly instead of the HHS Operating Division (OPDIV). Section 20.AN Functions: deducting the 4% fee from each invoice The principal areas of program 1. Immediate Office of the ASPHEP via TMSS prior to payment. The Final emphasis are (1) enhancement of State (ANA). The Immediate Office of the Rule outlining the collection method and local public health and medical ASPHEP (IO/ASPHEP) provides and implementation plan will be preparedness—primarily health executive and administrative direction published in the Federal Register once departments and hospitals; (2) to all OHEP components. The ASPHEP the TMSS modules are complete. The development and use of National and is the principal advisor to the Secretary proposed changes will be highlighted in Departmental policies and plans relating on matters relating to public health and a Request for Offers that will be issued to the response to public health and medical emergencies, whether resulting for a special rate filing window that will medical threats and emergencies (e.g., from acts of nature, accidents, or be opened prior to implementation. Emergency Support Function (ESF) 8 of terrorism. The ASPHEP coordinates GSA will monitor the shipment volume the National Response Plan (NRP), interagency interfaces between HHS, the to determine if the 4% fee needs future Homeland Security Presidential Homeland Security Council, the adjustments. GSA wants to ensure that Directives (HSPD) 5 and 10, HHS’s National Security Council, other Federal the appropriate percentage is being Concept of Operations Plans (CONOPS) Departments and Agencies, State, local applied. for Public Health and Medical and Tribal public health and medical

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entities and the private sector. The the Centers for Disease Control and preparedness, volunteer health ASPHEP directs and coordinates the Prevention (CDC), the Food and Drug professionals and terrorism-related Department’s activities relating to Administration (FDA), as well as other preparedness and response education protecting the U.S. population from acts Governmental, private ,and nonprofit and training for health care of terrorism and other public health and scientific entities. professionals. OPEO coordinates with medical threats and emergencies. The 3. Office of Preparedness and CDC on public health preparedness ASPHEP provides leadership in the Emergency Operations (ANC). The issues and consults with the HHS coordination of activities for public Office of Preparedness and Emergency scientific community on the inclusion health and medical emergency Operations (OPEO) is headed by a of newly acquired countermeasures into preparedness and represents the Director and is responsible for response plans. Department in working closely with developing operational plans, analytical 4. Office of Medicine, Science and DHS, DOD, VA, and other Federal products, and developing and Public Health (ANF). The Office of Departments and Agencies. participating in training and exercises to Medicine, Science and Public Health 2. Office of Public Health Emergency ensure the preparedness of the Office, (OMSPH) is headed by a Director and is Medical Countermeasures (ANB). The the Department, the Government and responsible for providing expert Office of Public Health Emergency the public to respond to domestic and medical, scientific, and public health Medical Countermeasures (OPHEMC) is international public health and medical advice on domestic and international headed by a Director and is responsible threats and emergencies. OPEO is also medical preparedness policies, for coordination of the Public Health responsible for ensuring that OPHEP has programs, initiatives, and activities of Medical Countermeasures Enterprise the systems, logistical support and OPHEP. OMSPH serves as the OPHEP (PHMCE). The PHMCE is a coordinated procedures necessary to coordinate the liaison to health and science interagency effort to: (1) Define and Department’s operational response to professional organizations for domestic prioritize requirements for public health acts of terrorism and other public health and international issues. OMSPH carries medical emergency countermeasures, and medical threats and emergencies. out special scientific and public health (2) coordinate research, early and late OPEO leads the HHS and interagency related projects directly and works with stage product development and planning and response activities others to establish activities, programs, procurement activities addressing the required to fulfill HHS responsibilities policies, and standards to protect the requirements and (3) set deployment under ESF #8 of the NRP and HSPD #10. public from acts of terrorism, naturally and use strategies for medical countermeasures held in the Strategic OPEO manages the Secretary’s occurring infectious disease threats, and National Stockpile. Operations Center (SOC); trains and other natural or man-made public health OPHEMC undertakes public health manages the Incident Response threats. OMSPH coordinates OPHEP’s modeling of population exposures to Coordination Team (IRCT); plans, overall influenza pandemic effort and assist in determining requirements and implements, and evaluates works closely with HHS components assessing deployment and utilization Departmental and interagency response (e.g., National Vaccine Program Office, strategies, supports late-stage medical exercises and the HHS Continuity of Office of Global Health Affairs, CDC, countermeasure research and Operations (COOP) and Continuity of NIH, and FDA), and other agencies and development to address prioritized Government (COG) programs. OPEO offices such as the Department of State, requirements for addressing the health maintains a regional planning and the U.S. Department of Agriculture effects of naturally-occurring infectious response coordination capability. OPEO (USDA) and the World Health diseases and deliberately released has operational responsibility for HHS Organization (WHO) to ensure that biologic, and chemical and radiation functions related to the National programs and plans for dealing with threats that could cause a public health Disaster Medical Systems (NDMS) and avian influenza and pandemic influenza emergency, facilitates collaboration is also the primary operational liaison to are as effective as possible. OMSPH among the Department of Health and emergency response entities within oversees the development of medical Human Services agencies, relevant HHS (e.g., FDA, HRSA, SAMHSA, CDC), policies related to providing access to industries, academia, and others with within the interagency community (e.g., medical products, including those respect to advanced product research HDS, VA, DoD), and the public. OPEO needed on an emergency basis as and development, facilitates contacts manages the continued planning for medical countermeasures to counteract between interested persons and capabilities to meet public health and terrorism or naturally occurring companies interested in requirements medical response missions, including biological, chemical or radiological/ set by the Food and Drug development of Federal Medical nuclear threats. These policies and their Administration regarding such Stations (FMS) and other mobile implementation include use of products, and procures targeted medical medical units. OPEO works to integrate investigational and emergency use countermeasures destined for the mass casualty preparedness activities, authorities. OMSPH serves as the focal Strategic National Stockpile, including through its surge capacity efforts, across point in HHS for biosafety, biosecurity vaccines, antivirals, and diagnostics for local, State and Federal levels consistent and dual use technology issues and is pandemic preparedness authorized with the National Incident Management the liaison to the National Science under the Project BioShield Act of 2004 System (NIMS) and the National Advisory Board on Biosecurity and to (Pub. L. 108–276). OPHEMC is Response Plan Catastrophic Incident the State Department on the Biological responsible for coordinating, Annex. In collaboration with DHS, and Chemical Weapons Convention. In supporting, and providing leadership OPEO coordinates preparedness grant addition to domestic issues and and expert advice with respect to a activities across the Department in programs, OMSPH is the OPHEP focal public health medical countermeasure compliance with HSPD 8 and the point for all international activities late stage advanced development and National Preparedness Goal. OPEO is related to public heath emergency procurement. OPHEMC supports the the primary OPHEP liaison with the preparedness. OMSPH supports the ASPHEP by working with all scientific Health Resources and Services Early Warning Infectious Disease agencies of the Department, including Administration (HRSA) regarding its Surveillance (EWIDS) program at the the National Institutes of Health (NIH), programs for hospital bioterrorism national borders with Mexico and

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Canada and works with other nations and support funds, positions, personnel, Dated: June 29, 2006. and multilateral organizations (e.g., records, equipment and other resources. Kathy Skipper, WHO) in combating public health Dated: June 27, 2006. Acting Director, Management Analysis and Services Office , Centers for Disease Control threats, emergencies, and bioterrorism Joe Ellis, by establishing bilateral and multilateral and Prevention. Assistant Secretary for Administration and [FR Doc. 06–6035 Filed 7–5–06; 8:45 am] international arrangements to develop Management. early warning surveillance and response BILLING CODE 4163–18–P [FR Doc. 06–6004 Filed 7–5–06; 8:45 am] capability for infectious disease outbreaks, including those involving BILLING CODE 4150–37–M potential bioterrorism agents. OMSPH DEPARTMENT OF HEALTH AND HUMAN SERVICES provides leadership in the activities of DEPARTMENT OF HEALTH AND the regional and multilateral groups HUMAN SERVICES including the Global Health Security National Institutes of Health Action Group (GHSAG) and the Security Centers for Disease Control and National Center for Complementary & and Prosperity Partnership (SPP) and Prevention Alternative Medicine; Notice of Closed the implementation of the WHO Meetings International Health Regulations (IHR), Disease, Disability, and Injury in coordination with the Office of Prevention and Control Special Pursuant to section 10(d) of the Global Health Affairs. Emphasis Panels (SEP): HIV III—OPT- Federal Advisory Committee Act, as 5. Office of Policy and Strategic Out Testing in Emergency Department amended (5 U.S.C. Appendix 2) notice Planning (ANE). The Office of Policy Settings, Program Announcement (PA) is hereby given of the following and Strategic Planning (OPSP) is headed PS06–003 meetings. by a Director and is responsible for The meetings will be closed to the policy formulation, analysis, In accordance with Section 10(a)(2) of public in accordance with the coordination, and evaluation for the Federal Advisory Committee Act provisions set forth in sections preparedness, response, and strategic (Pub. L. 92–463), the Centers for Disease 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., planning. In coordination with other Control and Prevention (CDC) as amended. The grant applications and OPHEP and Departmental offices, OPSP announces the following meeting: the discussions could disclose analyzes proposed policies, Presidential Name: Disease, Disability, and Injury confidential trade secrets or commercial directives and regulations. OPSP also Prevention and Control Special property such as patentable material, develops short and long-term policy and Emphasis Panel (SEP): HIV III—OPT- and personal information concerning strategic objectives for OPHEP, and Out Testing in Emergency Department individuals associated with the grant leads in the development and Settings, PA PS06–003. applications, the disclosure of which implementation of an integrated OPHEP Time and Date: 12 p.m.–1 p.m., July would constitute a clearly unwarranted approach to policy, strategy, and long- 12, 2006 (Closed). invasion of personal privacy. term, planning processes. On behalf of Place: Teleconference. Name of Committee: National Center for the ASPHEP, OPSP serves as the focal Status: The meeting will be closed to Complementary and Alternative Medicine point for HSC/NSC policy coordination the public in accordance with Special Emphasis Panel, Tools and activities and represent the ASPHEP, as provisions set forth in Section 552b(c) Technology to Measure Menopausal appropriate, in interagency meetings. (4) and (6), Title 5 U.S.C., and the Symptomotology. Date: July 24, 2006. The office undertakes studies of Determination of the Director, Time: 8 a.m. to 5 p.m. preparedness and response issues, Management Analysis and Services Agenda: To review and evaluate grant identifying gaps in policy, and initiating Office, CDC, pursuant to Public Law 92– applications. policy planning and formulation to fill 463. Place: National Center for Complementary, these gaps. OPSP takers the lead on Matters To Be Discussed: The meeting and Alternative Medicine, NIH, 6707 special projects, initiatives, and policy will include the review, discussion, and Democracy Boulevard, Suite 401, Bethesda, analysis and evaluation as tasked by the evaluation of applications received in MD 20892 (Telephone Conference Call). Contact Person: Laurie Friedman Donze, ASPHEP. response to ‘‘HIV III—OPT-Out Testing PhD, Scientific Review Administrator, Office II. Continuation of Policy: Except as in Emergency Department Settings,’’ PA of Scientific Review, National Center for inconsistent with this reorganization, all PS06–003. Due to programmatic Complementary and Alternative Medicine, statements of policy and interpretations matters, this Federal Register Notice is NIH, 6707 Democracy Blvd., Suite 401, with respect to the Office of Public being published on less than 15 Bethesda, MD 20892, 301–402–1030, Health Emergency Preparedness calendar days notice to the public (41 [email protected]. heretofore issued and in effect prior to CFR 102–3.150(b)). Name of Committee: National Center for the date of this reorganization are Contact Person for More Information: Complementary and Alternative Medicine continued in full force and effect. Jim Newhall, Ph.D., Scientific Review Special Emphasis Panel, Tools and Technology to Measure Patient Adherence in III. Delegations of Authority: All Administrator, Office of Public Health CAM Research. delegations and redelegations of Research, CDC, 1600 Clifton Road NE, Date: July 25, 2006. authority made to officials and Mailstop D72, Atlanta, GA 30333, Time: 8 a.m. to 5 p.m. employees of affected organizational Telephone 404.639.4641. Agenda: To review and evaluate grant components will continue in them or The Director, Management Analysis applications. their successors pending further and Services Office, has been delegated Place: National Center for Complementary redelegation, provided they are the authority to sign Federal Register and Alternative Medicine, NIH, 6707 consistent with this reorganization. notices pertaining to announcements of Democracy Boulevard, Suite 401, Bethesda, MD 20892 (Telephone Conference Call). IV. Funds, Personnel and Equipment: meetings and other committee Contact Person: Laurie Friedman Donze, Transfer of organizations and functions management activities, for both CDC PhD, Scientific Review Administrator, Office affected by this reorganization shall be and the Agency for Toxic Substances of Scientific Review, National Center for accompanied in each instance by direct and Disease Registry. Complementary and Alternative Medicine,

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NIH, 6707 Democracy Blvd., Suite 401, Name of Committee: National Human would constitute a clearly unwarranted Bethesda, MD 20892, 301–402–1030, Genome Research Institute Special Emphasis invasion of personal privacy. [email protected]. Panel, Sequencing Technology RFA. Name of Committee: National Institute on Dated: June 28, 2006. Date: July 18–19, 2006. Time: 8 a.m. to 5 p.m. Drug Abuse Special Emphasis Panel, Anna Snouffer, Agenda: To review and evaluate grant Training in Computational Neuroscience: Acting Director, Office of Federal Advisory applications. From Biology to Model and Back Again. Committee Policy. Place: The Hotel Rouge, 1315 16th Street, Date: June 29, 2006. [FR Doc. 06–5994 Filed 7–5–06; 8:45 am] Washington, DC 20036. Time: 8:30 a.m. to 5 a.m. BILLING CODE 4140–01–M Contact Person: Ken D. Nakamura, PhD, Agenda: To review and evaluate grant Scientific Review Administrator, Scientific applications. Review Branch, National Human Genome Place: Ritz-Carlton Hotel, 1700 Tysons Research Institute, National Institutes of DEPARTMENT OF HEALTH AND Boulevard, McLean, VA 22102. Health, 5635 Fishers Lane, Suite 4076, MSC HUMAN SERVICES 9306, Rockville, MD 20582, 301–402–0838. Contact Person: Murat Oz, PhD, Health This notice is being published less than 15 Scientist Administrator, Office of Extramural National Institutes of Health days prior to the meeting due to the timing Affairs, National Institute on Drug Abuse, limitations imposed by the review and NIH, DHHS, Neuroscience Center, Rm. 229, National Center for Research funding cycle. MSC 8401, 6101 Executive Boulevard, Resources; Amended Notice of Name of Committee: National Human Bethesda, MD 20892, 301–435–1433, Meeting Genome Research Institute, Special Emphasis [email protected]. Panel, ELSI Public Consultation RFA. This notice is being published less than 15 Notice is hereby given of a change in Date: July 20, 2006. days prior to the meeting due to the timing the meeting of the National Center for Time: 1 p.m. to 5 p.m. limitations imposed by the review and Research Resources Special Emphasis Agenda: To review and evaluate grant funding cycle. Panel, June 21, 2006, 2 p.m. to June 21, applications. Name of Committee: National Institute on 2006, 4 p.m., National Institutes of Place: The Watergate, 2650 Virginia Drug Abuse Special Emphasis Panel, Member Health, One Democracy Plaza, 6701 Avenue, NW, Washington, DC 20037. Contact Person: Rudy O. Pozzatti, PhD, Conflict. Democracy Boulevard, Conference Date: June 30, 2006. Room 1087, Bethesda, MD 20892 which Scientific Review Administrator, Office of Scientific Review, National Human Genome Time: 2:30 p.m. to 3:30 p.m. was published in the Federal Register Research Institute, National Institutes of Agenda: To review and evaluate grant on May 31, 2006, 71 FR 30943. Health, Bethesda, MD 20892, 301 402–0383. applications. The date of the meeting has been This notice is being published less than 15 Place: National Institutes of Health, 6101 changed to July 18, 2006. The time and days prior to the meeting due to the timing Executive Boulevard, Rockville, MD 20852 location remains the same. The meeting limitations imposed by the review and (Telephone Conference Call). is closed to the public. funding cycle. Contact Person: Gerald L. McLaughlin, (Catalogue of Federal Domestic Assistance PhD, Scientific Review Administrator, Office Dated: June 28, 2006. Program Nos. 93.172, Human Genome of Extramural Affairs, National Institute on Anna Snouffer, Research, National Institutes of Health, HHS) Drug Abuse, NIH, DHHS, Room 220, MSC Acting Director, Office of Federal Advisory Dated: June 28, 2006. 8401, 6101 Executive Blvd., Bethesda, MD Committee Policy. Anna Snouffer, 20892–8401, 301–402–6626, [FR Doc. 06–5995 Filed 7–5–06; 8:45 am] Acting Director, Office of Federal Advisory [email protected]. BILLING CODE 4140–01–M Committee Policy. This notice is being published less than 15 [FR Doc. 06–5993 Filed 7–5–06; 8:45 am] days prior to the meeting due to the timing limitations imposed by the review and BILLING CODE 4140–01–M DEPARTMENT OF HEALTH AND funding cycle. HUMAN SERVICES Name of Committee: National Institute on National Institutes of Health DEPARTMENT OF HEALTH AND Drug Abuse Special Emphasis Panel, Member HUMAN SERVICES Conflict. National Human Genome Research Date: July 18, 2006. Institutes; Notice of Closed Meetings National Institutes of Health Time: 5 p.m. to 7 p.m. Agenda: To review and evaluate grant National Institute on Drug Abuse; Pursuant to section 10(d) of the applications. Notice of Closed Meetings Federal Advisory Committee Act, as Place: Hyatt Regency Bethesda, One amended (5 U.S.C. Appendix 2), notice Bethesda Metro Center, 7400 Wisconsin Pursuant to section 10(d) of the Avenue, Bethesda, MD 20814. is hereby given of the following Federal Advisory Committee Act, as meetings. Contact Person: Murat Oz, PhD, Health amended (5 U.S.C. Appendix 2), notice Scientist Administrator, Office of Extramural The meetings will be closed to the is hereby given of the following Affairs, National Institute on Drug Abuse, public in accordance with the meetings. NIH, DHHS, Neuroscience Center, Rm. 229, provisions set forth in sections The meetings will be closed to the MSC 8401, 6101 Executive Boulevard, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., public in accordance with the Bethesda, MD 20892, 301–435–1433, as amended. The grant applications and provisions set forth in sections [email protected]. the discussions could disclose 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., This notice is being published less than 15 confidential trade secrets or commercial as amended. The grant applications and days prior to the meeting due to the timing property such as patentable material, the discussions could disclose limitations imposed by the review and and personal information concerning confidential trade secrets or commercial funding cycle. individuals associated with the grant property such as patentable material, (Catalogue of Federal Domestic Assistance applications, the disclosure of which and personal information concerning Program Nos. 93.279, Drug Abuse and would constitute a clearly unwarranted individuals associated with the grant Addiction Research Programs, National invasion of personal privacy. applications, the disclosure of which Institutes of Health, HHS)

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Dated: June 26, 2006. DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND Anna Snouffer, HUMAN SERVICES HUMAN SERVICES Acting Director, Office of Federal Advisory Committee Policy. National Institutes of Health National Institutes of Health [FR Doc. 06–5990 Filed 7–5–06; 8:45 am] National Institute of General Medical National Institute of Child Health and BILLING CODE 4140–01–M Sciences; Notice of Closed Meeting Human Development; Notice of Closed Meetings Pursuant to section 10(d) of the DEPARTMENT OF HEALTH AND Pursuant to section 10(d) of the Federal Advisory Committee Act, as HUMAN SERVICES Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice amended (5 U.S.C. Appendix 2), notice National Institutes of Health is hereby given of the following is hereby given of the following meeting. meetings. National Institute on Drug Abuse; The meeting will be closed to the The meetings will be closed to the Notice of Closed Meeting public in accordance with provisions set public in accordance with the forth in sections 552b(c)(4) and provisions set forth in sections Pursuant to section 10(d) of the 552b(c)(6), Title U.S.C., as amended. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C, Federal Advisory Committee Act, as The grant applications and the as amended. The grant applications and amended (5 U.S.C. Appendix 2), notice discussions could disclose confidential the discussions could disclose confidential trade secrets or commercial is hereby given of the following trade secrets or commercial property property such as patentable material, meeting. such as patentable material, and and personal information concerning The meeting will be closed to the personal information concerning individuals associated with the grant public in accordance with the individuals associated with the grant applications, the disclosure of which provisions set forth in sections applications, the disclose of which would constitute a clearly unwarranted 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., would constitute a clearly unwarranted invasion of personal privacy. as amended. The contract proposals and invasion of personal privacy. the discussions could disclose Name of Committee: National Institute of Name of Committee: National Institute of Child Health and Human Development confidential trade secrets or commercial General Medical Sciences Special Emphasis Special Emphasis Panel, Extramural property such as patentable material, Panel, NIH Support for Conferences and Associates Research Infrastructure Program. and personal information concerning Scientific Meetings. Date: July 20–21, 2006. individuals associated with the contract Date: July 14, 2006. Time: 8:30 a.m. to 1 p.m. proposals, the disclosure of which Time: 9 a.m. to 5 p.m. Agenda: To review and evaluate grant applications. would constitute a clearly unwarranted Agenda: To review and evaluate grant Place: The Jefferson Hotel, 1200 16th invasion of personal privacy. applications. Street, NW., Washington, DC 20036. Place: National Institute of General Name of Committee: National Institute on Contact Person: Carla T. Walls, PhD., Medical Sciences, Natcher Building, Room Drug Abuse Special Emphasis Panel, Scientific Review Administrator, Division of 3AN–12, 45 Center Drive, Bethesda, MD Pharmacokinetic and Pharmacodynamic Scientific Review, National Institute of Child 20892. Health and Human Development, NIH, 6100 Studies for Medication Development. Contact Person: Arthur L. Zachary, PhD, Executive Blvd., Room 5B01, Bethesda, MD Date: July 11, 2006. Office of Scientific Review, National Institute 20892, (301) 435–6898, [email protected]. Time: 1:30 p.m. to 3:30 p.m. of General Medical Sciences, National Name of Committee: National Institute of Agenda: To review and evaluate contract Institutes of Health, Natcher Building, Room Child Health and Human Development proposals. 3AN–12, Bethesda, MD 20892, (301) 594– Special Emphasis Panel, Human Zona Place: National Institutes of Health, 6101 2886, [email protected]. Pellucida Epitopes: Identification of Executive Boulevard, Rockville, MD 20852 This notice is being published less than 15 Immuno-Contraception Candidate. (Telephone Conference Call). Date: July 25, 2006. days prior to the meeting due to the timing Contact Person: Eric Zatman, Contract Time: 10 a.m. to 11 a.m. limitations imposed by the review and Review Specialist, Office of Extramural Agenda: To review and evaluate grant funding cycle. Affairs, National Institute on Drug Abuse, applications. NIH, DHHS, Room 220, MSC 8401, 6101 (Catalogue of Federal Domestice Assistance Place: National Institute of Health, 6100 Executive Boulevard, Bethesda, MD 20892– Program Nos. 93.375, Minority Biomedical Executive Blvd, Room 5B01, Rockville, MD 8401, (301) 435–1438. Research Support; 93.821, Cell Biology and 20852, (Telephone Conference Call). Contact Person: Jon M. Ranhand, PhD., This notice is being published less than 15 Biophysics Research; 93.859, Pharmacology, Scientist Review Administrator, Division of days prior to the meeting due to the timing Physiology, and Biological Chemistry Research; 93.862, Genetics and Scientific Review, National Institute of Child limitations imposed by the review and Health and Human Development, NIH, 6100 Developmental Biology Research; 93.88, funding cycle. Executive Blvd., Room 5B01, Bethesda, MD Minority Access to Research Careers; 93.96, (Catalogue of Federal Domestic Assistance 20892, (301) 435–6884, Special Minority Initiatives, National Program Nos. 93.279, Drug Abuse and [email protected]. Institutes of Health, HHS) Addiction Research Programs, National Name of Committee: National Institute of Institutes of Health, HHS). Dated: June 26, 2006. Child Health and Human Development Anna Snouffer, Special Emphasis Panel, Characterization of Dated: June 26, 2006. the Molecular Events During Spermiation. Anna Snouffer, Acting Director, Office of Federal Advisory Date: July 26, 2006. Committee Policy. Acting Director, Office of Federal Advisory Time: 10:00 a.m. to 11 a.m. Committee Policy. [FR Doc. 06–5992 Filed 7–5–06; 8:45 am] Agenda: To review and evaluate grant applications. [FR Doc. 06–5991 Filed 7–5–06; 8:45 am] BILLING CODE 4140–01–M Place: National Institutes of Health, 6100 BILLING CODE 4140–01–M Executive Blvd., Room 5B01, Rockville, MD 20852, (Telephone Conference Call).

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Contact Person: Jon M. Ranhand, PhD., (301) 447–1117, on or before July 21, ADDRESSES: You may submit comments, Scientist Review Administrator, Division of 2006. identified by Docket ID FEMA–2006– Scientific Review, National Institute of Child Minutes of the meeting will be 0029 by one of the following methods: Health and Human Development, NIH, 6100 prepared and will be available for • Federal eRulemaking Portal: http:// Executive Blvd., Room 5B01, Bethesda, MD public viewing in the Office of the U.S. 20892, (301) 435–6884, www.regulations.gov. Follow the [email protected]. Fire Administrator, U.S. Fire instructions for submitting comments; Administration, Federal Emergency • (Catalogue of Federal Domestic Assistance E-mail: [email protected]. Program Nos. 93.864, Population Research; Management Agency, Emmitsburg, Include the Docket ID in the subject line 93.865, Research for Mothers and Children; Maryland 21727. Copies of the minutes of the message; 93.929, Center for Medical Rehabilitation will be available upon request within 60 • Fax: 202–646–4536 (not a toll-free Research; 93.209, Contraception and days after the meeting. number); or Infertility Loan Repayment Program, National The National Fire Academy Board of • Mail/Hand Delivery/Courier: Rules Institutes of Health, HHS) Visitors is administered by the United Docket Clerk, Office of General Counsel, Dated: June 27, 2006. States Fire Administration, which is Federal Emergency Management Anna Snouffer, currently being transferred to the newly Agency, Room 840, 500 C Street, SW., created Preparedness Directorate of the Acting Director, Office of Federal Advisory Washington, DC 20472; Maureen Committee Policy. Department of Homeland Security. Cooney, Acting Chief Privacy Officer, During this transition FEMA, also part [FR Doc. 06–5996 Filed 7–5–05; 8:45am] Department of Homeland Security, 601 of the Department of Homeland BILLING CODE 4140–01–M S. 12th Street, Arlington, VA 22202. Security, will continue to support this Instructions: All submissions received program as the new Directorate stands must include the agency name and up. Ultimately this function will be Docket ID (if available) for this notice. DEPARTMENT OF HOMELAND transferred to the Preparedness All comments received will be posted SECURITY Directorate. without change to http:// Dated: June 28, 2006. www.regulations.gov, including any Federal Emergency Management personal information provided. Agency Charlie Dickinson, Deputy U.S. Fire Administrator. Docket: For access to the docket to read background documents or Open Meeting, Board of Visitors for the [FR Doc. E6–10492 Filed 7–5–06; 8:45 am] comments received, go to the Federal National Fire Academy BILLING CODE 9110–17–P eRulemaking Portal at http:// AGENCY: U.S. Fire Administration www.regulations.gov. Submitted (USFA), Federal Emergency DEPARTMENT OF HOMELAND comments may also be inspected at Management Agency (FEMA), SECURITY FEMA, Office of General Counsel, 500 C Department of Homeland Security. Street, SW., Room 840, Washington, DC ACTION: Notice of open meeting via Federal Emergency Management 20472. conference call. Agency SUPPLEMENTARY INFORMATION: In [Docket ID FEMA–2006–0029] compliance with the requirements of the SUMMARY: In accordance with the Privacy Act of 1974, as amended, 5 Federal Advisory Committee Act, the RIN 1660-ZA05 U.S.C. 552a, FEMA gives notice that it Federal Emergency Management Agency intends to make several changes to its Privacy Act System of Records; announces the following committee system of records entitled, FEMA/REG– Amendment to Existing Routine Uses meeting: 2, Disaster Recovery Assistance Files, Name: Board of Visitors (BOV) for the AGENCY: Federal Emergency which was last published in the Federal National Fire Academy. Management Agency (FEMA), Register on November 15, 2004 (69 FR Dates of Meeting: July 25, 2006. Department of Homeland Security 65615). As a result of experiences Place: Building H, Room 300, (DHS). during Hurricane Katrina and questions National Emergency Training Center, ACTION: Notice of amendment to routine raised about FEMA’s authority to share Emmitsburg, Maryland. uses. vital information needed to assist in Time: July 25, 2006, 1:30–4 p.m. disaster recovery and relief, FEMA is Proposed Agenda: Review National SUMMARY: In compliance with the revising its Disaster Recovery Assistance Fire Academy Program Activities. requirements of the Privacy Act of 1974, Files system of records in several SUPPLEMENTARY INFORMATION: In as amended, FEMA gives notice that it respects. accordance with section 10(a)(2) of the proposes to revise its Disaster Recovery First, FEMA has modified the Federal Advisory Committee Act, 5 Assistance Files, FEMA/REG–2, to ‘‘Purpose(s)’’ section to add as a purpose U.S.C. App. 2, the Federal Emergency address important issues that arose in of the system information sharing in the Management Agency announces that the the aftermath of Hurricane Katrina. event of another Presidentially-declared committee meeting will be open to the EFFECTIVE DATE: The amended system of major disaster or emergency that public in the Emmitsburg commuting records will be effective August 7, 2006, adversely impacts a significant portion area with seating available on a first- unless comments are received that of the United States. The information come, first-served basis. The meeting is result in a contrary determination. The FEMA collects during its disaster open to the public; however, public, the Office of Management and assistance efforts can be of critical teleconference lines are limited. Budget (OMB), and Congress are invited importance to State and local Members of the general public who plan to comment on the amended system of governments, private relief to participate in the meeting should records. The amended system of records organizations, and law enforcement contact the Office of the will be applicable to major disasters or agencies, and although FEMA believes it Superintendent, National Fire Academy, emergencies declared on or after July 6, has the authority to share information U.S. Fire Administration, 16825 South 2006, unless comments are received that with these partners, it is revising its Seton Avenue, Emmitsburg, MD 21727, result in a contrary determination. SORN to make transparent the fact that

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such sharing is a purpose of the system PR–NPSC, Carr 8860, KM 1.1 Bldg T– its successor program, Other Needs of records. 1429, Trujillo Alto, PR 00976. Assistance (ONA)) as they relate to Second, FEMA intends to add new determinations of individuals’ eligibility CATEGORIES OF INDIVIDUALS COVERED BY THE routine uses that allow for information for disaster assistance programs. SYSTEM: sharing with Federal agencies, State and (e) State files, independently kept by local governments or other authorized Individuals who apply for disaster the State, which contains records of entities for the purposes of reunifying recovery assistance through three persons who request disaster aid, families, locating missing children, different mediums including: (a) specifically for IFG and its successor voting, and with law enforcement electronically via the Internet, (b) by program, ONA, and administrative files entities in the event of circumstances calling FEMA’s toll-free number, or (c) and reports required by FEMA. As to involving an evacuation, sheltering, or through the submission of a paper copy individuals, the State keeps the same mass relocation, for purposes of of FEMA Form 90–69 following type of information as described above identifying and addressing public safety Presidentially-declared major disasters under registration, inspection, and and security issues. These routine uses or emergencies. temporary housing assistance records. are being added to resolve any CATEGORIES OF RECORDS IN THE SYSTEM: As to administrative files and reporting ambiguities about FEMA’s authority to (a) Records of registration for requirements, the State uses forms 76– share information under these assistance (Form 90–69, Disaster 27, 76–28, 76–30, 76–32, 76–34, 76–35, circumstances and to ensure that Assistance Registration/Application) and 76–38. This collection of necessary information can be include individual applicants’ names, information is essential to the effective disseminated in an efficient and addresses, telephone numbers, social monitoring and management of the IFG effective manner. security numbers, insurance coverage and the ONA Program by FEMA’s FEMA is also making some non- information, household size and Regional Office staff who have the substantive editorial changes to its composition, degree of damage oversight responsibility of ensuring that system notice. FEMA is eliminating incurred, income information, programs the State perform and adhere to FEMA routine uses that are related to internal, to which FEMA refers applicants for regulations and policy guidance. administrative processes including assistance, flood zones, location and AUTHORITY FOR MAINTENANCE OF THE SYSTEM: routine use ‘‘(k) Private Relief height of high water level, and Robert T. Stafford Disaster Relief and Legislation,’’ and ‘‘(p) Freedom of preliminary determinations of eligibility Emergency Assistance Act (the Stafford Information Act (FOIA) Discussions for disaster assistance. Act), 42 U.S.C. 5121–5206 and with Other Agencies Regarding DHS (b) Inspection reports (Form 90–56, Reorganization Plan No. 3 of 1978. Documents and Vice Versa.’’ FEMA is Inspection Report) contain individuals’ deleting routine uses that are identifying information and results of PURPOSE(S): unnecessary including routine use ‘‘(h) surveys of damaged real and personal To register applicants needing Requesting Information’’ and routine property and goods, which may include use and ‘‘(i) Requested Information.’’ disaster assistance, to inspect damaged individuals’ homes and personal items. homes, to verify information provided The proposed revisions to this system (c) Temporary housing assistance of records will not change the type or by each applicant, to make eligibility eligibility determinations (Forms 90–11 determinations regarding an applicant’s amount of information collected from through 90–13, 90–16, 90–22, 90–24 individuals who apply for disaster request for assistance, and to identify through 90–28, 90–31, 90–33, 90–41, and implement measures to reduce assistance. Instead, the revisions will 90–48, 90–57, 90–68 through 90–70, 90– change with whom that information can future disaster damage, and for other 71, 90–75 through 90–78, 90–82, 90–86, purposes identified in the ‘‘Routine be shared and for what purposes. FEMA 90–87, 90–94 through 90–97, 90–99, and believes that these revisions will allow Uses’’ section below, resulting from a 90–101). These refer to approval and Presidentially-declared major disaster or it to more effectively provide a full disapproval of temporary housing range of disaster assistance and meet its emergency that adversely impacts a assistance and include: general significant portion of the United States. responsibilities to share critical correspondence, complaints, appeals information with other Federal, State, and resolutions, requests for ROUTINE USES OF RECORDS MAINTAINED IN THE and local government agencies as well disbursement of payments, inquiries SYSTEM, INCLUDING CATEGORIES OF USERS AND as private entities involved in various from tenants and landlords, general THE PURPOSES OF SUCH USES: aspects of disaster recovery and relief. administrative and fiscal information, In addition to those disclosures In accordance with the requirements payment schedules and forms, generally permitted under 5 U.S.C. of 5 U.S.C. 552a(r), a report on the termination notices, information shared 552a(b) of the Privacy Act, all or a revisions to this system notice has been with the temporary housing program portion of the records or information provided to the Office of Management staff from other agencies to prevent the contained in this system may be and Budget and to Congress. duplication of benefits, leases, contracts, disclosed outside DHS or FEMA as a DHS/FEMA–REG 2 specifications for repair of disaster routine use pursuant to 5 U.S.C. damaged residences, reasons for 552a(b)(3) as follows: SYSTEM NAME: eviction or denial of aid, sales (a) FEMA may disclose applicant Disaster Recovery Assistance Files. information after tenant purchase of information to certain agencies as housing units, and the status of necessary and as described below to SYSTEM LOCATION: disposition of applications for housing. prevent a duplication of efforts or a National Processing Service Centers (d) Eligibility decisions for disaster duplication of benefits in determining (NPSC) located at FEMA MD–NPSC, aid from other Federal and State eligibility for disaster assistance. FEMA 6505 Belcrest Road, Hyattsville, MD agencies (for example, the disaster loan shall only release as much information 20782; FEMA VA–NPSC, 19844 Blue program administered by the Small as is necessary to enable the recipient Ridge Mountain Road, Bluemont, VA Business Administration, and disaster agency to determine eligibility for that 20135; FEMA TX–NPSC, 3900 Karina aid decisions of the State-administered agency’s particular assistance Lane, Denton, TX 76208; and FEMA Individual and Family Grants (IFG) and program(s). The receiving agency is not

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permitted to alter or to further disclose enforcement of hazard-specific and address public safety or security our disclosed records to other disaster provisions of building codes, standards, issues. organizations. FEMA may make such and ordinances. FEMA may only (h) To a congressional office from the disclosures under the following disclose information for the following record of an individual in response to circumstances: purposes: an inquiry from that congressional office (1) To another Federal agency or State (1) For hazard mitigation planning made at the request of the individual to government agency charged with purposes to assist States and local whom the record pertains. administering disaster relief programs to communities in identifying high-risk (i) To the National Archives and make available any additional Federal areas and preparing mitigation plans Records Administration or other Federal and State disaster assistance to that target those areas for hazard Government agencies pursuant to individuals and households. mitigation projects implemented under records management inspections being (2) When an applicant seeks Federal, State or local hazard mitigation conducted under the authority of 44 assistance from a local government programs. U.S.C. sections 2904 and 2906. agency or a voluntary organization (as (2) For enforcement purposes, to (j) To an agency, organization, or defined at 44 CFR 206.2(a)(27), as enable State and local communities to individual for the purposes of amended or superseded) charged under ensure that owners repair or rebuild performing authorized audit or legislation or charter with administering structures in conformance with oversight operations. disaster relief programs, and FEMA applicable hazard-specific building (k) To contractors, grantees, experts, receives a written request from that codes, standards, and ordinances. consultants, students, and others local government or voluntary agency (d) Pursuant to the Debt Collection performing or working on a contract, that includes the applicant’s name, Improvement Act of 1996, 31 U.S.C. service, grant, cooperative agreement, or FEMA registration/application number, 3325(d) and 7701(c)(1), FEMA is other assignment for the Federal and damaged dwelling address. The required to collect and release to the Government, when necessary to written request must explain the type of United States Department of the accomplish an agency function related tangible assistance being offered and the Treasury the social security number of to this system of records. type of verification required before the the person doing business with FEMA, (l) To the Department of the Treasury, assistance can be provided. including an applicant for a grant. Justice, the United States Attorney’s (3) To voluntary organizations (as Therefore, FEMA will release an Office, or a consumer reporting agency defined at 44 CFR 206.2(a)(27), as applicant’s social security number in for further collection action on any amended or superseded) that have an connection with a request for payment delinquent debt when circumstances established disaster assistance program to the U.S. Treasury in order to provide warrant. to address the disaster-related unmet a disaster assistance payment to an (m) To the Department of Justice needs of disaster victims, are actively applicant under the Individual (DOJ) or other Federal agency involved in the recovery efforts of the Assistance program. conducting litigation or in proceedings disaster, and either have a national (e) FEMA may provide a list of before any court, adjudicative or membership, in good standing, with the applicants’ names, amounts of administrative body, when: (1) DHS, or National Voluntary Organizations assistance provided, and related (2) any employee of DHS in his/her Active in Disaster (NVOAD), or are information to a State in connection official capacity, or (3) any employee of participating in the disaster’s Long- with billing that State for the applicable DHS in his/her individual capacity Term Recovery Committee. When a non-Federal cost share under the where DOJ or DHS has agreed to voluntary agency satisfies all of the Individuals and Households Program. represent the employee, or (4) the criteria listed in this sub-paragraph, (f) When an applicant is occupying a United States or any agency thereof, is FEMA may release lists of individuals’ FEMA Temporary Housing unit, FEMA a party to the litigation or has an interest names, contact information, and their may release only the location of the in such litigation. FEMA inspected loss amount to the FEMA Temporary Housing unit to local (n) Reunification of Families: To a volunteer agency for the sole purpose of emergency managers for the sole Federal or State law enforcement providing additional disaster assistance. purpose of preparing emergency authority, or agency, or other entity FEMA shall release this information evacuation plans. FEMA shall not authorized to investigate and/or only while the period for assistance for release any information on an coordinate locating missing children the current disaster is open. individual, such as their name, type or and/or reuniting families. (b) When an individual’s eligibility, in amount of disaster assistance received. (o) Voting: To State and local whole or in part, for a DHS/FEMA (g) Where a record, either on its face government election authorities to disaster assistance program depends or in conjunction with other oversee the voting process within their upon benefits already received or information, indicates a violation or respective State/county/parish, for the available from another source for the potential violation of law—criminal, limited purpose of ensuring voting same purpose, FEMA may disclose civil or regulatory—the relevant records rights of individuals who have applied information to relevant agencies, may be referred to an appropriate to FEMA for Disaster Assistance, limited organizations, and institutions as Federal, State, territorial, tribal, local, to their own respective State’s/county’s/ necessary to determine what benefits are international, or foreign agency law parish’s citizens who are displaced by a available from another source and to enforcement authority or other Presidentially-declared major disaster or prevent the duplication of disaster appropriate agency charged with emergency out of their State/county/ assistance benefits (as described in investigating or prosecuting such a parish voting jurisdiction. section 312 of the Stafford Act). violation or enforcing or implementing (c) In response to a written request, such law. In the event of circumstances DISCLOSURE TO CONSUMER REPORTING FEMA may disclose information from requiring an evacuation, sheltering, or AGENCIES: this system of records to Federal, State, mass relocation, FEMA may also share Disclosure under 5 U.S.C. 552a(b)(12): or local government agencies charged applicant information with Federal, FEMA may make disclosures from this with the implementation of hazard State or local law enforcement in order system to consumer reporting agencies’ mitigation measures and the to identify illegal or fraudulent conduct as defined in the Fair Credit Reporting

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Act, 15 U.S.C. Section 1681a(f), or the covered by Records Schedules N1–311– Region V—Regional Director, FEMA, 536 S. Debt Collection Act of 1982, 31 U.S.C. 86–1 4C7 and/or N1–311–86–1 4C10b Clark Street, Chicago, IL 60605; Section 3711(e). and are destroyed 3 years after closeout. Region VI—Regional Director, FEMA, Federal Center, 800 North Loop 288 Denton, TX POLICIES AND PRACTICES FOR STORING, SYSTEM MANAGER(S) AND ADDRESS: 76209; RETRIEVING, ACCESSING, RETAINING, AND Division Director, Recovery Division, Region VII—Regional Director, FEMA, 2323 DISPOSING OF RECORDS IN THE SYSTEM: Grand Boulevard, Kansas City, MO 64108– FEMA, 500 C Street SW., Washington, 2670; STORAGE: DC 20472 and applicable Regional Region VIII—Regional Director, FEMA, Interactive database, computer discs, Directors, as listed in Appendix A(1). Denver Federal Center, Building 710, Box and paper records in file folders. 25267, Denver, CO 80225–0267; NOTIFICATION PROCEDURE: Region IX—Regional Director, FEMA, 1112 RETRIEVABILITY: Requests for Privacy Act protected Broadway St. Oakland, CA 94607; By an individual’s name, address, information generally are governed by Region X—Regional Director, FEMA, Federal social security number, and case file DHS regulations found at 6 CFR part 5 Regional Center, 130 228th Street, SW., number. and FEMA’s regulations at 44 CFR part Bothell, WA 98021–9796. 6. They must be made in writing, and [FR Doc. E6–10640 Filed 7–5–06; 8:45 am] SAFEGUARDS: clearly marked as a ‘‘Privacy Act BILLING CODE 9110–10–P Only authorized individuals and Request’’ on the envelope and letter. FEMA employees have access to this The name of the requester, the nature of information. Hardware and software the record sought, and the verification DEPARTMENT OF HOUSING AND computer security measures are used to of identity must be clearly indicated, as URBAN DEVELOPMENT control access to the data. Access to the required by DHS regulation 6 CFR 5.21 data is based upon an individual’s and FEMA regulation at 44 CFR 6.30. [Docket No. FR–5037–N–41] position in FEMA and/or their Requests may also be sent to: Privacy designated duties. Individuals are Act Officer, DHS/FEMA Office of Notice of Application for Designation assigned specific ‘‘rights’’ or specific General Counsel (GL), Room 840, 500 C as a Single Family Foreclosure access (e.g., read only, modify, delete, Street, SW., Washington, DC 20472. Commissioner etc.). The access granted is based upon AGENCY RECORD ACCESS PROCEDURES: : Office of the Chief Information an individual’s position responsibilities Officer, HUD. for ‘‘official use’’ only. FEMA Same as the Notification Procedure ACTION: Notice. employees are allowed access to the above. data as a function of their specific job CONTESTING RECORD PROCEDURE: SUMMARY: The proposed information assignments within their respective Same as the Notification Procedure collection requirement described below organizations. Each FEMA employee’s has been submitted to the Office of access to the data is restricted to that above. The letter should state clearly and concisely what information you are Management and Budget (OMB) for needed to carry out their duties. review, as required by the Paperwork No individual applying for disaster contesting, the reasons for contesting it, and the proposed amendment to the Reduction Act. The Department is assistance will have access to the entire soliciting public comments on the database via the Internet. Applicants information that you seek pursuant to DHS Privacy Act regulations at 6 CFR subject proposal. will have limited access to only their Under the Single Family Mortgage part 5 and FEMA regulations at 44 CFR own information that they submitted via Foreclosure Act of 1994, HUD may part 6. the Internet, and to the status of their exercise a nonjudicial power of sale of own information regarding the RECORD SOURCE CATEGORIES: single-family HUD-held mortgages and processing of their own application (e.g. Applicants for disaster recovery may appoint foreclosure commissioners the status of required documentation, assistance, credit rating bureaus, to do this. HUD needs the notice and inspection status, or SBA status). financial institutions, insurance resulting applications for compliance Applicants are provided a Logon id, companies, and state, local and with the Act’s requirements that password, and Personal Identification voluntary agencies providing disaster commissioners be qualified. Number (PIN) that connect only to the relief, commercial databases (for DATES: Comments Due Date: August 7, applicant’s data. The password and PIN verification purposes). 2006. ensures that the login id belongs to the ADDRESSES: Interested persons are applicant. Computer security software EXEMPTIONS CLAIMED FOR THE SYSTEM: invited to submit comments regarding ensures that the login id is mapped only None. to the applicant’s data. Applicants will this proposal. Comments should refer to have access to only their own Dated: June 30, 2006. the proposal by name and/or OMB application information after FEMA Maureen Cooney, approval Number (2510–0012) and assigns them a properly authenticated Acting Chief Privacy Officer. should be sent to: HUD Desk Officer, user id, password, and PIN. Applicants Office of Management and Budget, New Appendix A (1)—Addresses for FEMA Executive Office Building, Washington, will be registered and authenticated in Regional Offices accordance with National Institute of DC 20503; fax: 202–395–6974. Standards and Technology Level 2 Region I—Regional Director, FEMA, 99 High FOR FURTHER INFORMATION CONTACT: Assurance guidelines. Street, 6th Floor, Boston, MA 02110; Lillian Deitzer, Reports Management Region II—Regional Director, FEMA, 26 Officer, QDAM, Department of Housing RETENTION AND DISPOSAL: Federal Plaza, New York, NY 10278–0002; and Urban Development, 451 Seventh Region III—Regional Director, FEMA, One Records covered by paragraphs (a) Independence Mall, 615 Chestnut Street, Street, SW., Washington, DC 20410; e- through (d) are covered by Records mail Lillian Deitzer at Philadelphia, PA 19106–4404; _ _ Schedule N1–311–86–1 4C10a and are Region IV—Regional Director, FEMA, 3003 Lillian L [email protected] or destroyed after 6 years and 3 months. Chamblee-Tucker Road, Atlanta, GA telephone (202) 708–2374. This is not a Records covered by paragraph (e) are 30341; toll-free number. Copies of available

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documents submitted to OMB may be the functions of the agency, including Title Of Proposal: Notice of obtained from Ms. Deitzer or from whether the information will have Application for Designation as a Single HUD’s Web site at http:// practical utility; (2) Evaluate the Family Foreclosure Commissioner. www.5.hud.gov:63001/po/i/icbts/ accuracy of the agency’s estimate of the OMB Approval Number: 2510–0012. collectionsearch.cfm. burden of the proposed collection of Form Numbers: None. information; (3) Enhance the quality, Description of the Need for the SUPPLEMENTARY INFORMATION: This utility, and clarity of the information to Information and its Proposed Use: notice informs the public that the be collected; and (4) Minimize the Under the Single Family Mortgage Department of Housing and Urban burden of the collection of information Foreclosure Act of 1994, HUD may Development has submitted to OMB a on those who are to respond; including exercise a nonjudicial power of sale of request for approval of the Information through the use of appropriate singe-family HUD-held mortgages and collection described below. This notice automated collection techniques or may appoint foreclosure commissioners is soliciting comments from members of to do this. HUD needs the notice and other forms of information technology, the public and affecting agencies resulting applications for compliance e.g., permitting electronic submission of concerning the proposed collection of with the Act’s requirements that information to: (1) Evaluate whether the responses. commissioners be qualified. proposed collection of information is This notice also lists the following Frequency of Submission: On necessary for the proper performance of information: occasion.

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

Reporting Burden ...... 5 1 1 5

Total Estimated Burden Hours: 5. obtained or is pending for the same information to: (1) Evaluate whether the Status: Extension of a currently project, as well as information about the proposed collection of information is approved collection. key individuals involved with the necessary for the proper performance of Authority: Section 3507 of the Paperwork proposed project/activity. the functions of the agency, including Reduction Act of 1995, 44 U.S.C. 35, as DATES: Comments Due Date: August 7, whether the information will have amended. 2006. practical utility; (2) Evaluate the Dated: June 30, 2006. ADDRESSES: Interested persons are accuracy of the agency’s estimate of the burden of the proposed collection of Lillian L. Deitzer, invited to submit comments regarding this proposal. Comments should refer to information; (3) Enhance the quality, Departmental Paperwork Reduction Act utility, and clarity of the information to Officer, Office of the Chief Information the proposal by name and/or OMB Officer. approval Number (2510–0011) and be collected; and (4) Minimize the burden of the collection of information [FR Doc. E6–10547 Filed 7–5–06; 8:45 am] should be sent to: HUD Desk Officer, Office of Management and Budget, New on those who are to respond; including BILLING CODE 4210–67–P Executive Office Building, Washington, through the use of appropriate DC 20503; fax: 202–395–6974. automated collection techniques or DEPARTMENT OF HOUSING AND FOR FURTHER INFORMATION CONTACT: other forms of information technology, URBAN DEVELOPMENT Lillian Deitzer, Reports Management e.g., permitting electronic submission of Officer, QDAM, Department of Housing responses. [Docket No. FR–5037–N–42] and Urban Development, 451 Seventh This notice also lists the following Street, SW., Washington, DC 20410; e- information: Accountability in the Provision of HUD mail Lillian Deitzer at Title of Proposal: Accountability in Assistance—‘‘Applicant/Recipient [email protected] or the Provision of HUD Assistance— Disclosure/Update’’ telephone (202) 708–2374. This is not a ‘‘Applicant/Recipient Disclosure/ AGENCY: Office of the Chief Information toll-free number. Copies of available Update. Officer, HUD. documents submitted to OMB may be OMB Approval Number: 2510–0011. obtained from Ms. Deitzer or from ACTION: Notice. Form Numbers: HUD 2880. HUD’s Web site at http:// Description of the Need for the SUMMARY: The proposed information www5.hud.gov:63001/po/i/icbts/ Information and Its Proposed Use: collection requirement described below collectionsearch.cfm. Applicants for assistance are required to has been submitted to the Office of SUPPLEMENTARY INFORMATION: This disclose information concerning other Management and Budget (OMB) for notice informs the public that the governmental assistance they have review, as required by the Paperwork Department of Housing and Urban obtained or is pending for the same Reduction Act. The Department is Development has submitted to OMB a project, as well as information about the soliciting public comments on the request for approval of the Information key individuals involved with the subject proposal. collection described below. This notice proposed project/activity. Applicants for assistance are required is soliciting comments from members of Frequency of Submission: On to disclose information concerning other the public and affecting agencies occasion, Other—Submitted with an governmental assistance they have concerning the proposed collection of application for funding.

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

Reporting Burden ...... 11,500 1.25 2.16 31,080

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Total Estimated Burden Hours: COLORADO (NAGPRA), 25 U.S.C. 3003, of the 31,080. Denver County completion of an inventory of human remains and associated funerary objects Status: Extension of a currently East High School, 1545 Detroit St., Denver, approved collection. 06000660 in the control of the U.S. Department of Agriculture, Forest Service, Gila Authority: Section 3507 of the Paperwork MARYLAND National Forest, Silver City, NM; and in Reduction Act of 1995, 44 U.S.C. 35, as Howard County the former possession of Arizona State amended. Roberts Inn, 14610 Frederick Rd., Cooksville, Museum, University of Arizona, Dated: June 30, 2006. 06000661 Tucson, AZ; Field Museum of Natural Lillian L. Deitzer, History, Chicago, IL; Logan Museum of OREGON Anthropology, Beloit College, Beloit, Departmental Paperwork Reduction Act Officer, Office of the Chief Information Lane County WI; Maxwell Museum of Anthropology, Officer. Marx—Schaefers House, (Residential University of New Mexico, Albuquerque, NM; Museum of Indian [FR Doc. E6–10548 Filed 7–5–06; 8:45 am] Architecture of Eugene, Oregon MPS) 1718 Lincoln St., Eugene, 06000662 Arts and Culture, Museum of New BILLING CODE 4210–67–P PENNSYLVANIA Mexico, Santa Fe, NM; Ohio Historical Society, Columbus, OH; Peabody Dauphin County Museum of Archaeology and Ethnology, Millersburg Ferry, Susquehanna R. bet. Harvard University, Cambridge, MA; DEPARTMENT OF THE INTERIOR Millersburg and Buffalo Township, University of Texas at Austin, Austin, Millersburg, 06000663 TX; and U.S. Department of Agriculture, National Park Service Philadelphia County Forest Supervisor’s Office, Gila National National Register of Historic Places; American Railway Express Company Garage, Forest, Silver City, NM. The human Notification of Pending Nominations 3002–3028 Cecil B. Moore Ave., remains and associated funerary objects and Related Actions Philadelphia, 06000664 were removed from the Gila National Forest, Catron County, NM. SOUTH DAKOTA This notice is published as part of the Nominations for the following Kingsbury County National Park Service’s administrative properties being considered for listing responsibilities under NAGPRA, 25 or related actions in the National Badger School District Number 18, (Schools U.S.C. 3003 (d)(3). The determinations Register were received by the National in South Dakota MPS) Jct. of Main St. and First Ave., Badger, 06000665 in this notice are the sole responsibility Park Service before June 24, 2006. Esmond Methodist Episcopal Church and of the museum, institution, or Federal Pursuant to section 60.13 of 36 CFR part Township Hall, Jct. of Center St. and Elm agency that has control of the Native 60 written comments concerning the St., Esmond, 06000666 American human remains and significance of these properties under Omdalen Barn, 44750 209th St., Lake associated funerary objects. The Preston, 06000667 the National Register criteria for National Park Service is not responsible evaluation may be forwarded by United TENNESSEE for the determinations in this notice. States Postal Service, to the National Williamson County This notice corrects and supercedes Register of Historic Places, National the number of human remains and Park Service, 1849 C St., NW., 2280, Hamilton—Brown House, 845 Old Charlotte associated funerary objects reported in Pike, Franklin, 06000668 Washington, DC 20240; by all other three notices: Notice of Inventory carriers, National Register of Historic WASHINGTON Completion published in the Federal Places, National Park Service, 1201 Eye King County Register on July 22, 1998 [FR Doc. 98– St., NW., 8th floor, Washington DC 19536, pages 39293–39294]; Notice of 20005; or by fax, 202–371–6447. Written Windham Apartments, 420 Blanchard St., Seattle, 06000669 Inventory Completion correction or faxed comments should be submitted published in the Federal Register on by July 21, 2006. Pierce County August 3, 2005 [FR Doc. 05–15316, John W. Roberts, National Bank of Tacoma, 1123 Pacific Ave., pages 44686–44687]; and Notice of Tacoma, 06000671 Inventory Completion correction Acting Chief, National Register/National Rhodes, Henry A. and Birdella, House, 701 published in the Federal Register on Historic Landmarks Program. North J St., Tacoma, 06000670 September 27, 2005 [FR Doc. 05–19265, CALIFORNIA [FR Doc. E6–10494 Filed 7–5–06; 8:45 am] pages 56483–56484]. A detailed assessment of the human Kern County BILLING CODE 4312–51–P remains was made by Arizona State NASA Dryden Flight Research Center Museum, University of Arizona; Field Building 4802, South end of Walker Ave., DEPARTMENT OF THE INTERIOR Museum of Natural History; Logan Edwards Air Force Base, 06000656 Museum of Anthropology, Beloit Los Angeles County National Park Service College; Maxwell Museum of Anthropology, University of New Subway Terminal Building, 417, 415, 425 S. Notice of Inventory Completion: U.S. Mexico; Museum of Indian Arts and Hill St., 416, 420 424 S. Olive St., Los Department of Agriculture, Forest Culture, Museum of New Mexico; Ohio Angeles, 06000657 Service, Gila National Forest, Silver Historical Society; Peabody Museum of Santa Barbara County City, NM; Correction Archaeology and Ethnology, Harvard Southern Pacific Train Depot, 209 State St., AGENCY: National Park Service, Interior. University; University of Texas at Santa Barbara, 06000658 ACTION: Notice; correction. Austin; U.S. Department of Agriculture, Gila National Forest; and U.S. Santa Clara County Notice is here given in accordance Department of Agriculture, Forest MacFarland House, 775 Santa Ynez St., with the Native American Graves Supervisor’s Office, Gila National Forest Stanford, 06000659 Protection and Repatriation Act professional staff in consultation with

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representatives of the Hopi Tribe of Apache Creek Pueblo (LA 2949), Catron during legally authorized excavations Arizona; Pueblo of Acoma, New Mexico; County, NM, during legally authorized and collections conducted by Dr. Emil and Zuni Tribe of the Zuni Reservation, excavations and collections conducted Haury of the Gila Pueblo Foundation. New Mexico. by Stewart Peckham of the Museum of The human remains were curated at the In August 2005, the Field Museum of New Mexico as part of a New Mexico Peabody Museum, Harvard University Natural Historiy, Chicago, IL, re- Highways Department project. The and the Arizona State Museum, examined the human remains and human remains were curated at the University of Arizona until 2005 when associated funerary objects taken from Museum of New Mexico until 2005 they were transferred to Gila National nine sites in the Gila National Forest, when they were transferred to Gila Forest. No known individuals were Catron County, NM. In 2005, Gila National Forest. No known individuals identified. The eight associated funerary National Forest, Silver City, NM, also re- were identified. The 41 associated objects include beads and a projectile examined the human remains and funerary objects include ceramic vessels point fragment. associated funerary objects taken from and shell and stone jewelry. Based on material culture, all sites in the Gila National Forest, Based on material culture, architecture, and site organization, the Catron County, NM. In light of the architecture, and site organization, Mogollon Village site has been findings from re-examination, the Apache Creek Pueblo site has been identified as an Upland Mogollon original Notice of Inventory Completion identified as an Upland Mogollon pithouse village occupied between A.D. and previously corrected Notices of masonry pueblo with pithouses 600–1050. Inventory Completion are superceded occupied circa A.D. 1100–1350. Between 1947 and 1949, human by this notice. In 1987 and 1988, human remains remains representing a minimum of In 1935 and 1936, human remains representing a minimum of four seven individuals were removed from representing a minimum of 51 individuals were removed from the SU the Jewett Gap site, Catron County, NM, individuals were removed from site (LA 64931) and Brown site (LA during legally authorized excavations Starkweather Ruin in Gila National 68924), Catron County, NM, during and collections by the Gila Pueblo Forest, Catron County, NM, during legally authorized excavations Foundation. The human remains were legally authorized excavations by Paul conducted by Dr. Chip Wills of the curated by the Arizona State Museum, H. Nesbitt of Beloit College, Beloit, WI. University of New Mexico as part of a University of Arizona, until 2005 when The human remains were curated at the field school. The human remains were they were transferred to Gila National Logan Museum of Anthropology, Beloit curated at the Maxwell Museum of Forest. No known individuals were College, Beloit, WI, until 2005 when Anthropology, University of New identified. The 18 associated funerary they were transferred to Gila National Mexico until 2005 when they were objects include ceramic vessels. Forest. No known individuals were transferred to Gila National Forest. No Based on material culture, identified. The 139 associated funerary known individuals were identified. The architecture, and site organization, the objects are ceramic vessels and sherds, 34 associated funerary objects include Jewett Gap site has been identified as an shell and stone jewelry, and a projectile stone tools and animal bone. Upland Mogollon pueblo occupied circa point. Based on material culture, A.D. 1000–1150. Based on material culture, architecture, and site organization, the In 1986, human remains representing architecture, and site organization, the SU site (LA 64931) and Brown site (LA a minimum of one individual were Starkweather Ruin has been identified 689924) have been identified as an removed from the Eva Faust site, Catron as an Upland Mogollon pithouse village Upland Mogollon village and masonry County, NM, during legally authorized and pueblo occupied between A.D. 500– roomblock occupied circa A.D. 600– excavations and collections conducted 1300. 1100. by Dr. James Neely, University of Texas Between 1935 and 1955, human Between 1979 - 1986, human remains at Austin. The human remains were remains representing a minimum of 79 representing a minimum of one curated at the Forest Supervisor’s individuals were removed from SU site, individual were removed from the WS Office, Gila National Forest, Silver City, Oak Springs Pueblo, Tularosa Cave, Ranch site, Catron County, NM, during NM. No known individual was Apache Creek Pueblo, Turkey Foot legally authorized excavations and identified. No associated funerary Ridge site, Wet Leggett Pueblo, Three collections conducted by Dr. James A. objects are present. Pines Pueblo, and South Leggett Pueblo Neely of the University of Texas at Based on material culture, in Catron County, NM, by Dr. Paul Austin. The human remains were architecture, and site organization, the Martin of the Field Museum, Chicago, curated at the University of Texas at Eva Faust site has been identified as an IL. The human remains were curated at Austin until 2005 when they were Upland Mogollon pithouse village with the Field Museum, Chicago, IL, until transferred to Gila National Forest. No surface rooms occupied circa A.D. 600– 2005 when they were transferred to Gila known individual was identified. The 1100. National Forest. No known individuals seven associated funerary objects In 1955, human remains representing were identified. The 56 associated include lithics, sherds, and ceramic jars. a minimum of two individuals were funerary objects include ceramic vessels The two ceramic jars were curated at the removed from site LA 2948, Catron and sherds, stone and shell jewelry, Forest Supervisor’s Office, Gila National County, NM, during legally authorized stone and bone tools, and projectile Forest, Silver City, NM, until 2005 when excavations and collections conducted points. they were transferred to Gila National by Edwin N. Ferdon of the Museum of Based on material culture, Forest. New Mexico. The human remains were architecture, and site organization, the Based on material culture, curated at the Museum of New Mexico eight sites listed in the preceding architecture, and site organization, the until 2005 when they were transferred paragraph have been identified as WS Ranch site has been identified as an to Gila National Forest. No known Upland Mogollon cave, pithouse village, Upland Mogollon masonry pueblo individuals were identified. The one and pueblos occupied between A.D. 300 occupied between A.D. 1150–1300. associated funerary object is a ceramic and A.D. 1300. In 1933, human remains representing vessel. In 1955, human remains representing a minimum of three individuals from Based on material culture, 22 individuals were removed from Mogollon Village, Catron County, NM, architecture, and site organization, the

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sites LA 2947 and LA 2948 have been Officials of the U.S. Department of to repatriate cultural items in the identified as two Upland Mogollon Agriculture, Forest Service, Gila possession of the American Museum of pithouses occupied between A.D. 200– National Forest have determined that, Natural History, New York, NY, that 1000. pursuant to 25 U.S.C. 3001 (9–10), the meet the definition of ‘‘unassociated In 1971 and 1972, human remains human remains described above funerary objects’’ under 25 U.S.C. 3001. representing a minimum of 34 represent the physical remains of 210 This notice is published as part of the individuals were removed from sites LA individuals of Native American National Park Service’s administrative 4988, LA 6082, and LA 6083, Catron ancestry. Officials of the U.S. responsibilities under NAGPRA, 25 County, NM, during legally authorized Department of Agriculture, Forest U.S.C. 3003 (d)(3). The determinations excavations and collections conducted Service, Gila National Forest have also in this notice are the sole responsibility by David W. Kayser of the Museum of determined that, pursuant to 25 U.S.C. of the museum, institution, or Federal New Mexico. The human remains were 3001 (3)(A), the 369 objects described agency that has control of the cultural curated at the Museum of New Mexico above are reasonably believed to have items. The National Park Service is not until 2005 when they were transferred been placed with or near individual responsible for the determinations in to Gila National Forest. No known human remains at the time of death or this notice. individuals were identified. The 53 later as part of the death rite or The approximately 183 cultural items associated funerary objects include ceremony. Lastly, officials of the U.S. include carved sticks and figures, wood ceramic vessels, a stone bowl, and stone Department of Agriculture, Forest dishes, pendants, spoons, coins, tools. Service, Gila National Forest have buttons, and beads. In 1882, Mr. James Terry, collected 28 Based on material culture, determined that, pursuant to 25 U.S.C. cultural items from ‘‘Tum-wa-ta, architecture, and site organization, the 3001 (2), there is a shared group identity Memaluse Rock, Columbia River, sites LA 4988, LA6082, and LA6083 that can be reasonably traced between Oregon.’’ The 28 cultural items are 1 have been identified as Upland the Native American human remains carved stick, 1 stick with holes, 2 Mogollon pueblos and a pithouse and the associated funerary objects and dancing sticks, 2 carved figures, 4 wood occupied circa A.D. 1150–1300. the Hopi Tribe of Arizona; Pueblo of dishes, 1 bone pendant, 2 bone spoons, Acoma, New Mexico; and Zuni Tribe of In 1973, human remains representing 3 horn spoons, 3 copper beads, 1 horn the Zuni Reservation, New Mexico. a minimum of six individuals were truss, 1 whip handle, 3 wood tubes, 1 removed without a permit from an Representatives of any other Indian tribe that believes itself to be culturally bear claw, 1 basket, and 2 pendants. The unnamed site northwest of Apache museum acquired the cultural items Creek by Mr. Brad Triplehorn. Mr. affiliated with the human remains and associated funerary objects should from Mr. Terry in 1891 when the Triplehorn then donated the human museum purchased his entire collection remains to the Ohio Historical Society contact Dr. Frank E. Wozniak, NAGPRA Coordinator, Southwestern Region, of more than 26,000 items. The museum where they were curated until 2005. The accessioned the items between 1891 and human remains then were transferred to USDA Forest Service, 333 Broadway Blvd., S.E., Albuquerque, NM 87102; 1893. Gila National Forest. No known Mr. Terry’s ‘‘Memaluse Rock’’ is telephone (505) 842–3238, before individuals were identified. The 12 likely to be one of two Memaloose August 7, 2006. Repatriation of the associated funerary objects include Islands located near present-day The human remains and associated funerary ceramic sherds and animal bone. Dalles, OR. The two dancing sticks are objects may proceed after that date if no Upland Mogollon villages had carved with anthropomorphic figures. pithouses or pueblo-style houses. Most additional claimants come forward. The U.S. Department of Agriculture, The two carved figures are also archeological evidence linking Upland anthropomorphic; one figure is holding Mogollon to present-day Indian tribes Forest Service, Gila National Forest is responsible for notifying the Hopi Tribe a shield and both figures have inlaid relies on ceramics. Continuities of shell eyes. The dancing sticks and ethnographic materials, technology, and of Arizona; Pueblo of Acoma, New Mexico; and Zuni Tribe of the Zuni carved figures are approximately 30 architecture indicate affiliation of the centimeters in length and 7 centimeters Upland Mogollon with historic and Reservation, New Mexico that this notice has been published. wide. present-day Puebloan cultures. Present- At an unknown date, A.W. Robinson day descendants of the Upland Dated: May 25, 2006. collected two cultural items from Mogollon are the Hopi Tribe of Arizona; C. Timothy McKeown, Memaloose Island, OR. The two cultural Pueblo of Acoma, New Mexico; and Acting Manager, National NAGPRA Program. items are one iron bracelet and one Zuni Tribe of the Zuni Reservation, New [FR Doc. E6–10512 Filed 7–5–06; 8:45 am] copper ceremonial object. Morris Jesup, Mexico. BILLING CODE 4312–50–S President of the American Museum of Furthermore, the territory of the Natural History, purchased part of Mr. Upland Mogollon stretched from south- Robinson’s collection and gifted it to the central Arizona to south-central New DEPARTMENT OF THE INTERIOR museum in 1902. Mexico. Today, the Upland Mogollon At an unknown date, Dr. Simms territories are claimed, currently National Park Service collected two brass bells, probably from inhabited, or used by the Hopi Tribe of Memaloose Island, OR. The museum Arizona; Pueblo of Acoma, New Mexico; Notice of Intent to Repatriate Cultural received the bells as a gift and and Zuni Tribe of the Zuni Reservation, Items: American Museum of Natural accessioned them in 1903. New Mexico. Oral traditions presented History, New York, NY Historically, the Memaloose Islands by representatives of the Hopi Tribe of AGENCY: National Park Service, Interior. were used by the local Upper Chinook Arizona; Pueblo of Acoma, New Mexico; ACTION: Notice. and Sahaptin inhabitants to bury their and Zuni Tribe of the Zuni Reservation, dead, usually in above-ground charnel New Mexico support cultural affiliation Notice is here given in accordance houses. The Upper Chinook and with the Upland Mogollon sites with the Native American Graves Sahaptin people of the Middle described above in this portion of Protection and Repatriation Act Columbia region are ancestors of southwestern New Mexico. (NAGPRA), 25 U.S.C. 3005, of the intent members of the Confederated Tribes and

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Bands of the Yakama Reservation, funerary objects to the Confederated and associated funerary objects from Mr. Washington and Confederated Tribes of Tribes and Bands of the Yakama Bowers. No known individuals were the Warm Springs Reservation, Oregon. Reservation, Washington and identified. The four associated funerary In 1882, Mr. Terry collected at least Confederated Tribes of the Warm objects are three copper spindles and 151 cultural items from ‘‘Chenoworth Springs Reservation, Oregon may one copper rod. Rock, Columbia River, Washington.’’ proceed after that date if no additional The individual has been identified as The cultural items are 1 carved board, claimants come forward. Native American based on geographic and at least 150 coins, buttons, and glass The American Museum of Natural and historical evidence. The associated beads. The museum acquired the History is responsible for notifying the funerary objects suggest that the human cultural items from Mr. Terry in 1891 Confederated Tribes and Bands of the remains date to the contact period. when the museum purchased his Yakama Reservation, Washington and Historic records identify the Chumash collection. The museum accessioned the Confederated Tribes of the Warm Indians as the inhabitants of the Santa items between 1891 and 1893. Springs Reservation, Oregon that this Barbara area. The human remains were Mr. Terry indicated that the coins, notice has been published. collected from Carpinteria, CA, which is buttons, and glass beads were collected the modern city nearly superimposed Dated: June 15, 2006. from a ‘‘Burial on Chenoworth Rock’’ over the historic coastal Chumash and that the carved board was from a Sherry Hutt, settlement of Misopsno. In 1855, a small ‘‘Dead House on Chenoworth Rock.’’ Manager, National NAGPRA Program. plot of land on a creek near the Santa Mr. Terry also indicated that [FR Doc. E6–10524 Filed 7–5–06; 8:45 am] Ynez Mission was given to the Chenoworth Rock is near the ’’. . . BILLING CODE 4312–50–S remaining Chumash Indians. One mouth of the Little White Salmon hundred and nine members of the tribe River,’’ which is approximately 10 miles settled there, supporting a historical west of The Dalles, OR. The board is DEPARTMENT OF THE INTERIOR connection between the present-day rectangular, carved with an Santa Ynez Band of Chumash Mission National Park Service anthropomorphic figure and measures Indians of the Santa Ynez Reservation, 181 centimeters long by 57 centimeters Notice of Inventory Completion: California and the archeologically wide. The coins date to the early and American Museum of Natural History, known Coastal Chumash. mid 1800s, and the buttons and glass New York, NY In 1882, human remains representing beads indicate a postcontact date for the a minimum of one individual were burial. AGENCY: National Park Service, Interior. collected from Burton Mound, Santa The locale of the unassociated ACTION: Notice. Barbara County, CA, by Ben Burton. The funerary objects is consistent with the museum purchased the human remains postcontact territory of the Confederated Notice is here given in accordance from Mr. Terry in 1891. The museum Tribes and Bands of the Yakama with the Native American Graves did not find any information on how or Reservation, Washington and the Protection and Repatriation Act when Mr. Terry acquired the human Confederated Tribes of the Warm (NAGPRA), 25 U.S.C. 3003, of the remains. No known individual was Springs Reservation, Oregon. completion of an inventory of human identified. No associated funerary Officials of the American Museum of remains and associated funerary objects objects are present. Natural History have determined that, in the possession of the American The individual has been identified as pursuant to 25 U.S.C. 3001 (3)(B), the Museum of Natural History, New York, Native American based on geographical approximately 183 cultural items are NY. The human remains and associated and historical information. Based on the reasonably believed to have been placed funerary objects were removed from occupation dates for the Burton Mound with or near individual human remains Santa Barbara County, CA. site, the human remains may be late at the time of death or later as part of This notice is published as part of the precontact to contact in age. The human the death rite or ceremony and are National Park Service’s administrative remains were collected from the believed, by a preponderance of the responsibilities under NAGPRA, 25 postcontact territory of the Eastern evidence, to have been removed from a U.S.C. 3003 (d)(3). The determinations Coastal Chumash. Archeological specific burial site of a Native American in this notice are the sole responsibility research indicates continuity in coastal individual. Officials of the American of the museum, institution, or Federal Chumash society from at least the late Museum of Natural History also have agency that has control of the Native precontact period and perhaps determined that, pursuant to 25 U.S.C. American human remains and considerably earlier. 3001 (2), there is a relationship of associated funerary objects. The At an unknown date, human remains shared group identity that can be National Park Service is not responsible representing a minimum of one reasonably traced between the for the determinations in this notice. individual were collected from San unassociated funerary objects and the A detailed assessment of the human Miguel Island, Santa Barbara County, Confederated Tribes and Bands of the remains was made by American CA, by an unknown collector. The Yakama Reservation, Washington and Museum of Natural History professional human remains were purchased by the Confederated Tribes of the Warm staff in consultation with museum in 1935 from Edward Oswald. Springs Reservation, Oregon. representatives of the Santa Ynez Band It is unknown how or when Mr. Oswald Representatives of any other Indian of Chumash Mission Indians of the acquired the human remains. No known tribe that believes itself to be culturally Santa Ynez Reservation, California. individual was identified. The 433 affiliated with the unassociated funerary In 1876, human remains representing associated funerary objects are shell objects should contact Nell Murphy, two individuals were collected from beads. Director of Cultural Resources, Carpinteria, Santa Barbara County, CA, The individual has been identified as American Museum of Natural History, by Stephen Bowers. The human remains Native American based on geographic Central Park West at 79th Street, New were purchased from James Terry by the and historical evidence. The associated York, NY 10024, telephone (212) 769– museum in 1891. The museum did not funerary objects suggest that the human 5837, before August 7, 2006. find any information on how or when remains date to a period from circa A.D. Repatriation of the unassociated Mr. Terry acquired the human remains 1500 through the mid-nineteenth

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century. San Miguel Island is one of the DEPARTMENT OF THE INTERIOR remains were transferred to and Channel Islands, which are historically continue to be curated at the University associated with the Chumash people, National Park Service of Arkansas Collections Facility in and archeologists have suggested that Fayetteville, AR. No known individuals there is considerable cultural continuity Notice of Inventory Completion: U.S. were identified. The two associated in this area. The establishment of Department of Defense, Army Corps of funerary objects are a Neeley’s Ferry Spanish missions resulted in the Engineers-Memphis District, Memphis, plain bottle and a fish effigy bowl. An dispersal of the Island Chumash. The TN; U.S. Department of the Interior, unspecified number of shell beads 109 Chumash Indians who settled on Fish and Wildlife Service-Southeast associated with one individual were the small plot of land near the Santa Region, Savannah, GA; and Arkansas documented as ‘‘lost in the field.’’ Ynez Mission given to them in 1855, Archeological Survey, University of The Zebree site, originally discovered support a historical connection between Arkansas, Fayetteville, AR in 1967, is listed on the National the present-day Santa Ynez Band of Register of Historic Places as the Zebree AGENCY: National Park Service, Interior. Chumash Mission Indians of the Santa Homestead and is located in the U.S. Ynez Reservation, California and the ACTION: Notice. Fish and Wildlife Service Big Lake Island Chumash people. Notice is here given in accordance National Wildlife Refuge. The site was Officials of the American Museum of with the Native American Graves a major village site in Arkansas. The Big Natural History have determined that, Protection and Repatriation Act Lake phase component at Zebree was superimposed directly upon a Dunklin pursuant to 25 U.S.C. 3001 (9–10), the (NAGPRA), 25 U.S.C. 3003, of the human remains described above phase occupation. Archeological completion of an inventory of human represent the physical remains of four evidence indicates that the human remains and associated funerary objects individuals of Native American remains and associated funerary objects in the control of the U.S. Department of ancestry. Officials of the American date to the Early (circa A.D. 900–1100) Defense, Army Corps of Engineers- Museum of Natural History also have and Middle Mississippian (circa A.D. Memphis District, Memphis, TN, and determined that, pursuant to 25 U.S.C. 1100–1300). Oral history evidence U.S. Department of the Interior, Fish 3001 (3)(A), the 437 objects described presented by representatives of the and Wildlife Service-Southeast Region, above are reasonably believed to have Quapaw Tribe of Indians, Oklahoma Savannah, GA; and in the possession of been placed with or near individual indicates that the region including the Arkansas Archeological Survey, human remains at the time of death or Mississippi County has long been University of Arkansas, Fayetteville, later as part of the death rite or included in the traditional and hunting AR. The human remains and associated ceremony. Lastly, officials of the territory of the Quapaw. Historical funerary objects were removed from American Museum of Natural History documents, specifically French colonial Mississippi County, AR. have determined that, pursuant to 25 documents and maps circa A.D. 1673– This notice is published as part of the U.S.C. 3001 (2), there is a relationship 1720, indicate that only the Quapaw National Park Service’s administrative of shared group identity that can be had villages in eastern Arkansas and the responsibilities under NAGPRA, 25 reasonably traced between the Native area of northeastern Arkansas was used U.S.C. 3003 (d) (3). The determinations American human remains and as hunting territory. in this notice are the sole responsibility associated funerary objects and the Officials of the U.S. Army Corps of of the museum, institution, or Federal Santa Ynez Band of Chumash Mission Engineers-Memphis District and U.S. Agency that has control of the Native Indians of the Santa Ynez Reservation, Fish and Wildlife Service-Southeast American human remains and California. Region have determined that, pursuant associated funerary objects. The Representatives of any other Indian to 25 U.S.C. 3001 (9–10), the human National Park Service is not responsible tribe that believes itself to be culturally remains described above represent the for the determinations in this notice. affiliated with the human remains and physical remains of a minimum of 35 A detailed assessment of the human associated funerary objects should individuals of Native American remains was made by Arkansas contact Nell Murphy, Director of ancestry. Officials of the U.S. Army Archeological Survey, University of Cultural Resources, American Museum Corps of Engineers-Memphis District Arkansas, and U.S. Army Corps of of Natural History, Central Park West at and U.S. Fish and Wildlife Service- Engineers-Memphis District 79th Street, New York, NY 10024–5192, Southeast Region also have determined professional staff in consultation with telephone (212) 769–5837, before that, pursuant to 25 U.S.C. 3001 (3)(A), representatives of the Absentee- August 7, 2006. Repatriation of the the two objects described above are Shawnee Tribe of Indians of Oklahoma; human remains and associated funerary reasonably believed to have been placed Alabama-Quassarte Tribal Town, objects to the Santa Ynez Band of with or near the individual human Oklahoma; Chickasaw Nation, Chumash Mission Indians of the Santa remains at the time of death or later as Oklahoma; Choctaw Nation of Ynez Reservation, California may part of the death rite or ceremony. Oklahoma; Mississippi Band of Choctaw proceed after that date if no additional Lastly, officials of the U.S. Army Corps Indians, Mississippi; Muscogee (Creek) claimants come forward. of Engineers-Memphis District and U.S. The American Museum of Natural Nation, Oklahoma; Osage Tribe, Fish and Wildlife Service-Southeast History is responsible for notifying the Oklahoma; Quapaw Tribe of Indians, Region have determined that, pursuant Santa Ynez Band of Chumash Mission Oklahoma; Thlopthlocco Tribal Town, to 25 U.S.C. 3001 (2), there is a Indians of the Santa Ynez Reservation, Oklahoma; and United Keetoowah Band relationship of shared group identity California that this notice has been of Cherokee Indians in Oklahoma. that can be reasonably traced between published. Between 1969 and 1976, human the Native American human remains remains representing a minimum of 35 and associated funerary objects and the Dated: May 24, 2006. individuals were removed from the Quapaw Tribe of Indians, Oklahoma. C. Timothy McKeown, Zebree site (3MS20), Mississippi Representatives of any other Indian Acting Manager, National NAGPRA Program. County, AR, during a planned tribe that believes itself to be culturally [FR Doc. E6–10507 Filed 7–5–06; 8:45 am] excavation by the U.S. Army Corps of affiliated with the human remains and BILLING CODE 4312–50–S Engineers-Memphis District. The human associated funerary objects should

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contact Richard S. Kanaski, Regional side of the stem is written in black ink, Dated: May 19, 2006. Historic Preservation Office, U.S. Fish ‘‘Pipe of Paul Sawgonkwado - Cross Sherry Hutt, and Wildlife Service-Southeast Region, Village Mich - Aug 1893.’’ Manager, National NAGPRA Program. Savannah Coastal Refuges, 1000 At an unknown date, Walter C. [FR Doc. E6–10510 Filed 7–5–06; 8:45 am] Business Center Drive, Suite 10, Wyman acquired the pipe under BILLING CODE 4312–50–S Savannah, GA 31405, telephone (912) unknown circumstances. The museum 652–4415, ext. 113, before August 7, purchased the pipe from Mr. Wyman in 2006. Repatriation of the human December of 1900. The museum DEPARTMENT OF THE INTERIOR remains and associated funerary objects accessioned the pipe into its collection to the Quapaw Tribe of Indians, that same year. National Park Service Oklahoma, may proceed after that date Museum records indicate that the if no additional claimants come pipe is ‘‘Ottawa’’ and that it was Notice of Intent to Repatriate Cultural forward. acquired in Cross Village, MI. The Items: Horner Collection, Oregon State The U.S. Fish and Wildlife Service- cultural affiliation of the pipe is Little University, Corvallis, OR Southeast Region is responsible for Traverse Bay Bands of Odawa Indians as AGENCY: National Park Service, Interior. notifying the Absentee-Shawnee Tribe indicated by museum records and by ACTION: Notice. of Indians of Oklahoma; Alabama- consultation evidence presented by the Quassarte Tribal Town, Oklahoma; Little Traverse Bay Bands of Odawa Notice is here given in accordance Chickasaw Nation, Oklahoma; Choctaw Indians, Michigan. with the Native American Graves Nation of Oklahoma; Mississippi Band During consultation, Little Traverse Protection and Repatriation Act of Choctaw Indians, Mississippi; Bay Bands of Odawa Indians traditional (NAGPRA), 25 U.S.C. 3005, of the intent Muscogee (Creek) Nation, Oklahoma; religious leaders presented evidence to repatriate cultural items in the Osage Tribe, Oklahoma; Quapaw Tribe that the pipe is needed for the practice possession of the Horner Collection, of Indians, Oklahoma; Thlopthlocco of a traditional Native American Oregon State University, Corvallis, OR, Tribal Town, Oklahoma; and United religion. that meet the definition of Keetoowah Band of Cherokee Indians in Officials of the Field Museum of ‘‘unassociated funerary objects’’ under Oklahoma that this notice has been Natural History have determined that, 25 U.S.C. 3001. published. pursuant to 25 U.S.C. 3001 (3)(C), the This notice is published as part of the Dated: June 7, 2006. cultural item described above is a National Park Service’s administrative Sherry Hutt, specific ceremonial object needed by responsibilities under NAGPRA, 25 Manager, National NAGPRA Program. traditional Native American religious U.S.C. 3003 (d)(3). The determinations [FR Doc. E6–10514 Filed 7–5–06; 8:45 am] leaders for the practice of traditional in this notice are the sole responsibility Native American religions by their BILLING CODE 4312–50–S of the museum, institution, or Federal present-day adherents. Officials of the agency that has control of the cultural Field Museum of Natural History also items. The National Park Service is not DEPARTMENT OF THE INTERIOR have determined that, pursuant to 25 responsible for the determinations in U.S.C. 3001 (2), there is a relationship this notice. National Park Service of shared group identity that can be The Museum of Oregon Country, reasonably traced between the sacred Oregon Agricultural College was Notice of Intent to Repatriate a Cultural object and the Little Traverse Bay Bands renamed the John B. Horner Museum of Item: Field Museum of Natural History, of Odawa Indians, Michigan. Lastly, the Oregon Country in 1936, and Chicago, IL officials of the Field Museum of Natural became commonly known as the Horner History have determined that, pursuant AGENCY: National Park Service, Interior. Museum. The Oregon Agricultural to 25 U.S.C. 3001 (13), the museum has College was renamed the Oregon State ACTION: Notice. right of possession of the pipe, but has College in 1937, and became Oregon Notice is here given in accordance decided to waive that right. State University in 1962. The Horner with the Native American Graves Representatives of any other Indian Museum closed in 1995. Currently, Protection and Repatriation Act tribe that believes itself to be culturally cultural items from the Horner Museum (NAGPRA), 25 U.S.C. 3005, of the intent affiliated with the sacred object should are referred to as the Horner Collection, to repatriate a cultural item in the contact Jonathan Haas, MacArthur which is owned by, and in the possession of the Field Museum of Curator of North American possession of, Oregon State University. Natural History, Chicago, IL, that meets Anthropology, Field Museum of Natural Horner Collection, Oregon State the definition of ‘‘sacred object’’ under History, 1400 South Lake Shore Drive, University professional staff consulted 25 U.S.C. 3001. Chicago, IL 60605, telephone (312) 665– with representatives of the Confederated This notice is published as part of the 7829, before August 7, 2006. Tribes of the Warm Springs Reservation National Park Service’s administrative Repatriation of the sacred object to the of Oregon, Cow Creek Band of Umpqua responsibilities under NAGPRA, 25 Little Traverse Bay Bands of Odawa Indians of Oregon, and Miccosukee U.S.C. 3003 (d)(3). The determinations Indians, Michigan may proceed after Tribe of Indians of Florida. The in this notice are the sole responsibility that date if no additional claimants Seminole Tribe of Florida, Dania, Big of the museum, institution, or Federal come forward. Cypress, Brighton, Hollywood & Tampa agency that has control of the cultural The Field Museum of Natural History Reservations and Seminole Nation of item. The National Park Service is not is responsible for notifying the Grand Oklahoma were informed, but did not responsible for the determinations in Traverse Band of Ottawa and Chippewa participate in the consultations. this notice. Indians, Michigan; Little River Band of At an unknown date, two necklaces The one cultural item is a pipe (FM Ottawa Indians, Michigan; and Little composed of French porcelain beads, 68555), which consists of a stem carved Traverse Bay Bands of Odawa Indians, alligator teeth, iron grape beads, and Sea from wood, stained dark blue and Michigan that this notice has been beans were removed from an unknown measuring 24.2 x 1.8 inches. Upon one published. location. J.L. Hill loaned the necklaces

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to the Horner Museum in 1933, and they Dated: May 25, 2006. Native American religions by their were gifted to the Horner Museum by C. Timothy McKeown, present-day adherents. Officials of the the heirs of Mr. Hill in 1981. Acting Manager, National NAGPRA Program. Institute for American Indian Studies Although the necklaces are nearly [FR Doc. E6–10508 Filed 7–5–06; 8:45 am] also have determined that, pursuant to identical, museum records indicate only BILLING CODE 4312–50–S 25 U.S.C. 3001 (2), there is a one is Seminole in cultural affiliation. A relationship of shared group identity representative of the Miccosukee Tribe that can be reasonably traced between of Indians of Florida has identified the DEPARTMENT OF THE INTERIOR the sacred object and the Onondaga two cultural items as traditional to the Nation of New York. Miccosukee and as cultural items that National Park Service Representatives of any other Indian tribe that believes itself to be culturally would have been buried with their Notice of Intent to Repatriate a Cultural owner. The Horner Collection, Oregon affiliated with the sacred object should Item: Institute for American Indian contact Dr. Lucianne Lavin, Director of State University has no evidence the Studies, Washington, CT cultural items were ever buried with Research and Collections, Institute for any individual. However, Mr. Hill is AGENCY: National Park Service, Interior. American Indian Studies, 38 Curtis Road, Washington, CT 06793, telephone known to have collected human remains ACTION: Notice. and cultural items from burials and (860) 868–0518, before August 7, 2006. mounds. Based on information obtained Notice is here given in accordance Repatriation of the sacred object to the through consultation, the Horner with the Native American Graves Onondaga Nation of New York may Collection, Oregon State University has Protection and Repatriation Act proceed after that date if no additional identified the two cultural items as (NAGPRA), 25 U.S.C. 3005, of the intent claimants come forward. unassociated funerary objects. to repatriate a cultural item in the The Institute for American Indian Officials of the Horner Collection, possession of the Institute for American Studies is responsible for notifying the Oregon State University have Indian Studies, Washington, CT, that Onondaga Nation of New York that this determined that, pursuant to 25 U.S.C. meets the definition of ‘‘sacred object’’ notice has been published. 3001 (3)(B), the two cultural items under 25 U.S.C. 3001. Dated: June 7, 2006. described above are reasonably believed This notice is published as part of the Sherry Hutt, National Park Service’s administrative to have been placed with or near Manager, National NAGPRA Program. individual human remains at the time of responsibilities under NAGPRA, 25 U.S.C. 3003 (d)(3). The determinations [FR Doc. E6–10509 Filed 7–5–06; 8:45 am] death or later as part of the death rite BILLING CODE 4312–50–S or ceremony and are believed, by a in this notice are the sole responsibility preponderance of the evidence, to have of the museum, institution, or Federal been removed from a specific burial site agency that has control of the cultural DEPARTMENT OF THE INTERIOR of a Native American individual. item. The National Park Service is not Officials of the Horner Collection, responsible for the determinations in National Park Service Oregon State University also have this notice. determined that, pursuant to 25 U.S.C. The one cultural item is an Onondaga Notice of Intent to Repatriate Cultural 3001 (2), there is a relationship of False Face mask. Items: Institute for American Indian shared group identity that can be In 1993, an Onondaga False Face Studies, Washington, CT mask (#67.29.14) was transferred from reasonably traced between the two AGENCY: National Park Service, Interior. unassociated funerary objects and the the Mattatuck Museum, Waterbury, CT, Miccosukee Tribe of Indians of Florida. to the Institute for American Indian ACTION: Notice. Studies. The mask had been transferred Representatives of any other Indian to the Mattatuck Museum from the Notice is here given in accordance tribe that believes itself to be culturally Museum of the American Indian/Heye with the Native American Graves affiliated with the unassociated funerary Foundation, New York, NY, on October Protection and Repatriation Act objects should contact Sabah Randhawa, 20, 1967. The only information on the (NAGPRA), 25 U.S.C. 3005, of the intent Executive Vice President and Provost, mask derives from the Mattatuck to repatriate cultural items in the President’s Office, Oregon State accession records, which note the possession of the Institute for American University, 600 Kerr Administration following: ‘‘Onondago [sic] Reservation, Indian Studies, Washington, CT, that Building, Corvallis, OR 97331, NY, 1946.’’ meet the definition of ‘‘unassociated telephone (541) 737–8260, before According to museum records and funerary objects’’ under 25 U.S.C. 3001. August 7, 2006. Repatriation of the Institute for American Indian Studies This notice is published as part of the unassociated funerary objects to the professional staff and consultants, the National Park Service’s administrative Miccosukee Tribe of Indians of Florida mask is a sacred object used by Native responsibilities under NAGPRA, 25 may proceed after that date if no American religious practitioners in U.S.C. 3003 (d)(3). The determinations additional claimants come forward. healing and other religious ceremonies. in this notice are the sole responsibility The Horner Collection, Oregon State Consultation with the Onondaga Nation of the museum, institution, or Federal University is responsible for notifying of New York confirm and support that agency that has control of the cultural the Confederated Tribes of the Warm the mask is of Native American religious items. The National Park Service is not Springs Reservation of Oregon; Cow importance to the Onondaga people. responsible for the determinations in Creek Band of Umpqua Indians of Officials of the Institute for American this notice. Oregon; Miccosukee Tribe of Indians of Indian Studies have determined that, The two cultural items are elbow Florida; Seminole Tribe of Florida, pursuant to 25 U.S.C. 3001 (3)(C), the pipes. The first elbow pipe is a plain Dania, Big Cypress, Brighton, cultural item described above is a burnished clay elbow pipe bowl and Hollywood & Tampa Reservations; and specific ceremonial object needed by part of a stem. The second pipe is a Seminole Nation of Oklahoma that this traditional Native American religious ‘‘copper pipe’’ with a thin stem 6 inches notice has been published. leaders for the practice of traditional in length.

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In the early 1970s, the Institute for Island that this notice has been been conducted under University of American Indian Studies purchased the published. Nebraska auspices, it has been two cultural items from the Rogers Dated: June 8, 2006. determined that the individuals are family as part of their acquisition of the affiliated with the Omaha Tribe of Sherry Hutt, Edward H. Rogers collection. Mr. Rogers Nebraska. was a collector residing in Devon, CT, Manager, National NAGPRA Program. On December 8, 1932, human remains who excavated, traded, and bought [FR Doc. E6–10522 Filed 7–5–06; 8:45 am] representing a minimum of two archeological items from throughout the BILLING CODE 4312–50–S individuals were removed from the Western Hemisphere. The bulk of his Omaha Creek site in Dakota and collection is from New England. It was Thurston Counties, NE, by the accumulated during the early and mid- DEPARTMENT OF THE INTERIOR University of Nebraska Archaeological Survey. No known individuals were twentieth century. According to Mr. National Park Service Rogers’ notebooks, he purchased the identified. The 71 associated funerary two elbow pipes from Mr. Harry Notice of Inventory Completion: objects are 8 copper thimbles, 19 copper Hathaway of Devon, CT, in 1940. University of Nebraska State Museum, feather holders, 5 metal buttons, 8 According to Mr. Rogers’ notes, Mr. University of Nebraska-Lincoln, textile scraps, 2 mirror fragments, 27 Hathaway believed that Mr. Andrew Lincoln NE iron fragments, 1 chipped stone tool Chase had removed the two elbow fragment, and 1 gunflint. pipes, along with a glass bottle and AGENCY: National Park Service, Interior. Based on the condition of the human spectacles, from an ‘‘Indian Grave’’ in ACTION: Notice. remains, the individuals have been Tiverton, RI, in 1900. Nothing further is determined to be Native American. known about the present disposition of Notice is here given in accordance Based on the apparent historic age of the the glass bottle and spectacles. with the Native American Graves human remains, the location of the Since the lands presently known as Protection and Repatriation Act burial, and the historic nature of the Rhode Island are claimed by the (NAGPRA), 25 U.S.C. 3003, of the associated funerary objects, the Narragansett Indian Tribe of Rhode completion of an inventory of human individuals have been determined to be Island as their ancient homelands, and remains and associated funerary objects affiliated with the Omaha Tribe of the claim appears to be supported by in the possession of the University of Nebraska. historical documents, the Institute for Nebraska State Museum, University of In 1907, human remains representing American Indian Studies believes that a Nebraska-Lincoln, Lincoln, NE. The a minimum of four individuals were preponderance of evidence shows a human remains were collected from removed from the Ponca Creek District cultural affiliation with the Narragansett Dakota, Douglas, and Thurston in Douglas County, NE, by Robert F. peoples. Counties, NE and from an unknown Gilder under the auspices of the Officials of the Institute for American location. University of Nebraska State Museum. Indian Studies have determined that, This notice is published as part of the The site is approximately 10 miles north pursuant to 25 U.S.C. 3001 (3)(B), the National Park Service’s administrative of the city of Omaha on the south side two cultural items described above are responsibilities under NAGPRA, 25 of Ponca Creek. No known individuals reasonably believed to have been placed U.S.C. 3003 (d)(3). The determinations were identified. No associated funerary with or near individual human remains in this notice are the sole responsibility objects are present. at the time of death or later as part of of the museum, institution, or Federal Preservation resembles that of human the death rite or ceremony and are agency that has control of the Native remains from historic sites. A tag on the believed, by a preponderance of the American human remains. The National human remains states ‘‘from presumably evidence, to have been removed from a Park Service is not responsible for the Omaha burial.’’ Based on the condition specific burial site of a Native American determinations in this notice. of the human remains, the individuals individual. Officials of the Institute for A detailed assessment of the human have been determined to be Native American Indian Studies also have remains was made by University of American. Based on the apparent determined that, pursuant to 25 U.S.C. Nebraska State Museum professional historic age and location of burial, the 3001 (2), there is a relationship of staff in consultation with individuals have been determined to be shared group identity that can be representatives of the Omaha Tribe of affiliated with the Omaha Tribe of reasonably traced between the two Nebraska. Nebraska. unassociated funerary objects and the At an unknown time, human remains Officials of the University of Nebraska Narragansett Indian Tribe of Rhode representing a minimum of four have determined that, pursuant to 25 Island. individuals were removed from an U.S.C. 3001 (9–10), the human remains Representatives of any other Indian unknown location. In 1998, the human described above represent the physical tribe that believes itself to be culturally remains, which were labelled ‘‘Omaha remains of ten individuals of Native affiliated with the unassociated funerary 2,3,4,5’’ were found in Bessey Hall on American ancestry. Officials of the objects should contact Dr. Lucianne the campus of the University of University of Nebraska also have Lavin, Director of Research and Nebraska-Lincoln. The human remains determined that, pursuant to 25 U.S.C. Collections, Institute for American show evidence of having been the 3001 (3)(A), the 71 objects described Indian Studies, Washington, CT 06793, subject of scientific analysis, but the above are reasonably believed to have telephone (860) 868–0518, before sample numbers cannot be related to been placed with or near individual August 7, 2006. Repatriation of the two any records of prior study. No known human remains at the time of death or unassociated funerary objects to the individuals were identified. No later as part of the death rite or Narragansett Indian Tribe of Rhode associated funerary objects are present. ceremony. Lastly, officials of the Island may proceed after that date if no The condition of the human remains University of Nebraska have determined additional claimants come forward. is consistent with archeological that, pursuant to 25 U.S.C. 3001 (2), The Institute for American Indian derivation. Given the designation there is a relationship of shared group Studies is responsible for notifying the ‘‘Omaha’’ on the labels, and that prior identity that can be reasonably traced Narragansett Indian Tribe of Rhode studies on Omaha human remains have between the Native American human

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remains and associated funerary objects The complainant requests that the this notice of investigation shall be and the Omaha Tribe of Nebraska. Commission institute an investigation served: Representatives of any other Indian and, after the investigation, issue a (a) The complainant is—Apple tribe that believes itself to be culturally permanent limited exclusion order and Computer, Inc., 1 Infinite Loop, affiliated with the human remains and permanent cease and desist orders. Cupertino, CA 95014. associated funerary objects should ADDRESSES: The amended complaint, (b) The respondents are the following contact Priscilla Grew, NAGPRA except for any confidential information entities alleged to be in violation of Coordinator, University of Nebraska contained therein, is available for section 337, and are the parties upon State Museum, 307 Morrill Hall, inspection during official business which the amended complaint is to be Lincoln, NE 68588–0338, telephone hours (8:45 a.m. to 5:15 p.m.) in the served: Creative Technology, Ltd., 31 (402) 472–3779 before August 7, 2006. Office of the Secretary, U.S. International Business Park, Singapore Repatriation of the human remains and International Trade Commission, 500 E 609921. associated funerary objects to the Street, SW., Room 112, Washington, DC Omaha Tribe of Nebraska may proceed 20436, telephone 202–205–2000. Creative Labs, Inc., 1901 McCarthy after that date if no additional claimants Hearing impaired individuals are Boulevard, Milpitas, CA 95035. come forward. advised that information on this matter (c) The Commission investigative The University of Nebraska is can be obtained by contacting the responsible for notifying the Omaha attorney, party to this investigation, is Commission’s TDD terminal on 202– Erin Joffre, Esq., Office of Unfair Import Tribe of Nebraska that this notice has 205–1810. Persons with mobility been published. Investigations, U.S. International Trade impairments who will need special Commission, 500 E Street, SW., Suite Dated: May 19, 2006. assistance in gaining access to the 401, Washington, DC 20436; and Sherry Hutt, Commission should contact the Office (3) For the investigation so instituted, Manager, National NAGPRA Program. of the Secretary at 202–205–2000. the Honorable Robert L. Barton, Jr., is [FR Doc. E6–10506 Filed 7–5–06; 8:45 am] General information concerning the Commission may also be obtained by designated as the presiding BILLING CODE 4312–50–S accessing its Internet server at http:// administrative law judge. www.usitc.gov. The public record for Responses to the amended complaint this investigation may be viewed on the and the notice of investigation must be INTERNATIONAL TRADE Commission’s electronic docket (EDIS) submitted by the named respondents in COMMISSION at http://edis.usitc.gov. accordance with § 210.13 of the Commission’s Rules of Practice and [Inv. No. 337–TA–576] FOR FURTHER INFORMATION CONTACT: Erin Joffre, Esq., Office of Unfair Import Procedure, 19 CFR 210.13. Pursuant to In the Matter of Certain Portable Digital Investigations, U.S. International Trade 19 CFR 201.16(d) and 210.13(a), such Media Players and Components Commission, telephone 202–205–2550. responses will be considered by the Thereof; Notice of Investigation Authority: The authority for institution of Commission if received not later than 20 this investigation is contained in section 337 days after the date of service by the AGENCY: International Trade of the Tariff Act of 1930, as amended, and Commission of the complaint and the Commission. in § 210.10 of the Commission’s Rules of notice of investigation. Extensions of ACTION: Institution of investigation Practice and Procedure, 19 CFR 210.10 time for submitting responses to the pursuant to 19 U.S.C. 1337. (2006). complaint and the notice of investigation will not be granted unless SUMMARY: Notice is hereby given that a Scope of Investigation: Having good cause therefor is shown. complaint was filed with the U.S. considered the complaint, the U.S. International Trade Commission on June International Trade Commission, on Failure of a respondent to file a timely 1, 2006, under section 337 of the Tariff June 28, 2006, ordered that— response to each allegation in the Act of 1930, as amended, 19 U.S.C. (1) Pursuant to subsection (b) of amended complaint and in this notice 1337, on behalf of Apple Computer, Inc. section 337 of the Tariff Act of 1930, as may be deemed to constitute a waiver of of Cupertino, California. An amended amended, an investigation be instituted the right to appear and contest the complaint was filed on June 6, 2006, to determine whether there is a allegations of the amended complaint and supplementary letters were filed on violation of subsection (a)(1)(B) of and this notice, and to authorize the June 7 and 22, 2006. The complaint as section 337 in the importation into the administrative law judge and the amended and supplemented alleges United States, the sale for importation, Commission, without further notice to violations of section 337 in the or the sale within the United States after the respondent, to find the facts to be as importation into the United States, the importation of certain portable digital alleged in the amended complaint and sale for importation, and the sale within media players or components thereof, this notice and to enter an initial the United States after importation of by reason of infringement of one or determination and a final determination certain portable digital media players more of claim 25 of U.S. Patent No. containing such findings, and may and components thereof, by reason of 7,046,230, claims 25 and 33 of U.S. result in the issuance of a limited infringement of claim 25 of U.S. Patent Patent No. 5,341,293, claims 36–39, 48, exclusion order or cease and desist No. 7,046,230, claims 25 and 33 of U.S. 65, 72–73, and 77–78 of U.S. Patent No. order or both directed against the Patent No. 5,341,293, claims 36–39, 48, 5,898,434, and claims 1, 24, and 32 of respondent. 65, 72–73, and 77–78 of U.S. Patent No. U.S. Patent No. 6,282,646, and whether Issued: June 29, 2006. 5,898,434, and claims 1, 24, and 32 of an industry in the United States exists By order of the Commission. U.S. Patent No. 6,282,646. The as required by subsection (a)(2) of complaint further alleges that an section 337; Marilyn R. Abbott, industry in the United States exists as (2) For the purpose of the Secretary to the Commission. required by subsection (a)(2) of section investigation so instituted, the following [FR Doc. E6–10538 Filed 7–5–06; 8:45 am] 337. are hereby named as parties upon which BILLING CODE 7020–02–P

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INTERNATIONAL TRADE Office of the Secretary at 202–205–2000. Sony Ericsson Mobile Communications COMMISSION General information concerning the AB, Nya Vattentornet, Lund, Sweden Commission may also be obtained by SE–221 88. [Inv. No. 337–TA–577] accessing its Internet server at http:// Sony Ericsson Mobile Communications www.usitc.gov. The public record for In the Matter of Certain Wireless (USA) Inc., 7001 Development Drive, this investigation may be viewed on the Communication Equipment, Articles Research Triangle Park, NC 27709. Commission’s electronic docket (EDIS) (c) The Commission investigative Therein, and Products Containing the at http://edis.usitc.gov. attorney, party to this investigation, is Same; Notice of Investigation FOR FURTHER INFORMATION CONTACT: Rett Rett Snotherly, Esq., Office of Unfair AGENCY: U.S. International Trade Snotherly, Esq., Office of Unfair Import Import Investigations, U.S. International Commission. Investigations, U.S. International Trade Trade Commission, 500 E Street, SW., ACTION: Institution of investigation Commission, telephone (202) 205–2599. Suite 401, Washington, D.C. 20436; and pursuant to 19 U.S.C. 1337. Authority: The authority for institution of (4) For the investigation so instituted, this investigation is contained in section 337 the Honorable Paul J. Luckern is SUMMARY: Notice is hereby given that a of the Tariff Act of 1930, as amended, and designated as the presiding complaint was filed with the U.S. in section 210.10 of the Commission’s Rules administrative law judge. International Trade Commission on June of Practice and Procedure, 19 CFR 210.10 Responses to the complaint and the 2, 2006, under section 337 of the Tariff (2006). notice of investigation must be Act of 1930, as amended, 19 U.S.C. Scope of Investigation: Having submitted by the named respondents in 1337, on behalf of Samsung considered the complaint, the U.S. accordance with section 210.13 of the Telecommunications America, LLP of International Trade Commission, on Commission’s Rules of Practice and Richardson, Texas and Samsung June 29, 2006, ordered that— Procedure, 19 CFR 210.13. Pursuant to (1) Pursuant to subsection (b) of Electronics Co., Ltd. of Korea 19 CFR 201.16(d) and 210.13(a), such section 337 of the Tariff Act of 1930, as (collectively, ‘‘Samsung’’). Samsung responses will be considered by the amended, an investigation be instituted filed a supplement to the complaint on Commission if received not later than 20 to determine whether there is a June 23, 2006. The complaint, as days after the date of service by the violation of subsection (a)(1)(B) of supplemented, alleges violations of Commission of the complaint and the section 337 in the importation into the section 337 in the importation into the notice of investigation. Extensions of United States, the sale for importation, time for submitting responses to the United States and sale of certain or the sale within the United States after complaint and the notice of wireless communication equipment, importation of certain wireless investigation will not be granted unless articles therein, and products containing communication equipment, articles good cause therefor is shown. the same by reason of infringement of therein, or products containing the same Failure of a respondent to file a timely claims 1–16 of U.S. Patent No. by reason of infringement of one or response to each allegation in the 6,598,202, claims 1–29 of U.S. Patent more of claims 1–16 of U.S. Patent No. complaint and in this notice may be No. 6,882,636, claims 1–6, 10–13, 16– 6,598,202, claims 1–29 of U.S. Patent deemed to constitute a waiver of the 19, 26–31, 34, 36, 38–41, 45, 47, and 48 No. 6,882,636, claims 1–6, 10–13, 16– of U.S. Patent No. 6,154,652, claims 1– 19, 26–31, 34, 36, 38–41, 45, 47, and 48 right to appear and contest the 32 and 34–35 of U.S. Patent No. of U.S. Patent No.6,154,652, claims 1– allegations of the complaint and this 6,920,331, claims 1–11 of U.S. Patent 32, 34 and 35 of U.S. Patent No. notice, and to authorize the No. 6,421,353, claims 1, 2, 4, 5, 9, 11, 6,920,331, claims 1–11 of U.S. Patent administrative law judge and the 12, 14, 15, 17, 21–23, and 25, of U.S. No. 6,421,353, claims 1, 2, 4, 5, 9, 11, Commission, without further notice to Patent No. 6,920,602, and claims 1–33 12, 14, 15, 17, 21–23, and 25 of U.S. the respondents, to find the facts to be of U.S. Patent No. 6,928,604. The Patent No. 6,920,602, and claims 1–33 as alleged in the complaint and this complaint further alleges that an of U.S. Patent No. 6,928,604 and notice and to enter an initial industry in the United States exists as whether an industry in the United determination and a final determination required by subsection (a)(2) of section States exists as required by subsection containing such findings, and may 337. (a)(2) of section 337. result in the issuance of a limited The complainants request that the (2) For the purpose of the exclusion order or cease and desist Commission institute an investigation investigation so instituted, the following order or both directed against the and, after the investigation, issue a are hereby named as parties upon which respondent. permanent exclusion order and this notice of investigation shall be By order of the Commission. permanent cease and desist orders. served: Issued: June 29, 2006. ADDRESSES: The complaint, except for (a) The complainants are— Marilyn R. Abbott, any confidential information contained Samsung Telecommunications America Secretary to the Commission. therein, is available for inspection LLP, 1301 East Lookout Drive, [FR Doc. E6–10539 Filed 7–5–06; 8:45 am] during official business hours (8:45 a.m. Richardson, Texas 75082. Samsung BILLING CODE 7020–02–P to 5:15 p.m.) in the Office of the Electronics Co., Ltd., Samsung Main Secretary, U.S. International Trade Building, 250, Taepyung-ro 2-ka, Commission, 500 E Street, SW., Room Chung-ku, Seoul 100–742 Korea. 112, Washington, DC 20436, telephone (b) The respondents are the following DEPARTMENT OF JUSTICE 202–205–2000. Hearing impaired entities alleged to be in violation of Notice of Public Comment Period for individuals are advised that information section 337, and are the parties upon Proposed First Amendment to Consent on this matter can be obtained by which the complaint is to be served: Decree Under the Clean Air Act contacting the Commission’s TDD Ericsson, Inc., 6300 Legacy Drive, Plano, terminal on 202–205–1810. Persons Texas 75024. Under 28 CFR 50.7, notice is hereby with mobility impairments who will Telefonaktiebolaget LM Ericsson, given that, for a period of 30 days, the need special assistance in gaining access Torshamnsgatan 23, Kista, 164 83 United States will receive public to the Commission should contact the Stockholm Sweden. comments on a proposed First

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Amendment to Consent Decree in number (202) 514–1547. In requesting a —Enhance the quality, utility, and United States and the State of copy from the Consent Decree Library, clarity of the information to be Minnesota v. Koch Petroleum Group, please enclose a check in the amount of collected; and L.P. (Civil Action No. 00–CV–2756), $5.25 (25 cents per page reproduction —Minimize the burden of the collection which was lodged with the United cost) payable to the U.S. Treasury. of information on those who are to States District Court for the District of Robert Brook, respond, including through the use of Minnesota on June 23, 2006. Koch recently changed its corporate name and Assistant Chief, Environmental Enforcement appropriate automated, electronic, is now known as Flint Hills Resources, Section, Environment and Natural Resources mechanical, or other technological Division. LP (‘‘FHR’’). collection techniques or other forms The parties are amending the April [FR Doc. 06–6026 Filed 7–5–06; 8:45 am] of information technology, e.g., 25, 2001, Consent Decree in this BILLING CODE 4410–15–M permitting electronic submission of national, multi-facility Clean Air Act responses. (‘‘Act’’) enforcement action against FHR DEPARTMENT OF JUSTICE Overview of this information pursuant to Section 113(b) of the Clean collection: Air Act (‘‘CAA’’), 42 U.S.C. 7413(b) Bureau of Alcohol, Tobacco, Firearms (1) Type of Information Collection: (1983), amended by, 42 U.S.C. 7413(b) and Explosives (Supp. 1991). The original settlement, Extension of a currently approved covering three refineries, was entered by Agency Information Collection collection. the Court on April 25, 2001, as part of Activities: Proposed Collection; (2) Title of the Form/Collection: EPA’s Petroleum Refinery Initiative. The Comments Requested Application For Restoration of proposed Amendment allows FHR Explosives Privileges. additional time to conduct studies of ACTION: 60-day notice of information (3) Agency form number, if any, and various nitrogen oxide (‘‘NOX’’) collection under review: Application reducing catalysts and to decide on the For Restoration of Explosives Privileges the applicable component of the final NOX control scheme for the [1140–0064]. Department of Justice sponsoring the fluidized catalytic cracking unit collection: Form Number: ATF F (‘‘FCCU’’) at the Pine Bend, Minnesota, The Department of Justice (DOJ), 5400.29. Bureau of Alcohol, Tobacco, facility. Second, the Amendment Bureau of Alcohol, Tobacco, Firearms Firearms and Explosives. establishes a process to address any and Explosives (ATF), has submitted the following information collection request (4) Affected public who will be asked leaks of process fluids into the non- or required to respond, as well as a brief contract, recirculating cooling tower to the Office of Management and Budget (OMB) for review and approval in abstract: Primary: Individuals or systems as required by the National households. Other: Business or other Emission Standard for Benzene Waste accordance with the Paperwork for-profit. ATF F 5400.29 is required in Operations, 40 CFR part 61, subpart FF. Reduction Act of 1995. The proposed order to determine whether or not Third, and finally, the Amendment information collection is published to exempts two heaters in the FHR system obtain comments from the public and explosive privileges may be restored. from the application of current or next affected agencies. Comments are The form is used to conduct an investigation to establish if it is likely generation ultra low-NOX burners, but encouraged and will be accepted for requires FHR to install specific control ‘‘sixty days’’ until September 5, 2006. that the applicant will act in a manner technology and accept restrictive This process is conducted in accordance dangerous to public safety or contrary to emission limits for these two heaters. with 5 CFR 1320.10. public interest. Comments should be addressed to the If you have comments especially on (5) An estimate of the total number of the estimated public burden or Assistant Attorney General, respondents and the amount of time associated response time, suggestions, Environment and Natural Resources estimated for an average respondent to Division, P.O. Box 7611, U.S. or need a copy of the proposed information collection instrument with respond: It is estimated that 500 Department of Justice, Washington, DC respondents will complete a 30 minute 20044–7611, and should refer to United instructions or additional information, form. States and the State of Minnesota v. please contact Francis Burroughs, Koch Petroleum Group, L.P., D.J. Ref 90– Explosives Industry Programs Branch, (6) An estimate of the total public 5–2–1–07110. 650 Massachusetts Avenue, NW., Room burden (in hours) associated with the The First Amendment to Consent 500, Washington, DC 20226. collection: There are an estimated 250 Decree may be examined at the Office of Written comments and suggestions annual total burden hours associated the United States Attorney, District of from the public and affected agencies with this collection. concerning the proposed collection of Minnesota, 600 U.S. Courthouse, 300 If additional information is required South Fourth Street, Minneapolis, MN information are encouraged. Your contact: Lynn Bryant, Deputy 55415. During the public comment comments should address one or more Department Clearance Officer, Policy period the Amendment may also be of the following four points: and Planning Staff, Justice Management examined on the following Department —Evaluate whether the proposed of Justice Web site, http:// collection of information is necessary Division, Department of Justice, Patrick www.usdoj.gov/enrd/open.html. A copy for the proper performance of the Henry Building, Suite 1600, 601 D of the Amendment may also be obtained functions of the agency, including Street NW., Washington, DC 20530. by mail from the Consent Decree whether the information will have Lynn Bryant, Library, P.O. Box 7611, U.S. Department practical utility; Deputy Department Clearance Officer, of Justice, Washington, DC 20044–7611 —Evaluate the accuracy of the agencies Department of Justice. or by faxing or e-mailing a request to estimate of the burden of the [FR Doc. E6–10549 Filed 7–5–06; 8:45 am] Tonia Fleetwood proposed collection of information, ([email protected]), fax no. including the validity of the BILLING CODE 4410–FY–P (202) 514–0097, phone confirmation methodology and assumptions used;

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DEPARTMENT OF LABOR DEPARTMENT OF LABOR a shift in production from the workers’ firm or subdivision to a foreign country Employment and Training Employment and Training of articles that are like or directly Administration Administration competitive with those produced by the [TA W–58,809] subject firm or subdivision, and there [TA–W–59,451] has been or is likely to be an increase Henry Pratt Company, Dixon, IL; Notice in imports of like or directly Columbian Chemicals Company, of Revised Determination on competitive articles. In accordance with Proctor, WV; Notice of Termination of Reconsideration the provisions of the Act, I make the Investigation By letter dated May 15, 2006 following certification: International Association of Machinists Pursuant to Section 221 of the Trade All workers of Henry Pratt Company, and Aerospace Workers, District No. 8, Act of 1974, as amended, an Dixon, Illinois, engaged in activities related AFL–CIO requested administrative to production and support of production of investigation was initiated on May 24, reconsideration regarding the Eligibility machined and painted component parts of 2006 in response to a worker petition to Apply for Worker Adjustment water valves, who became totally or partially filed by a company official on behalf of Assistance, applicable to the workers of separated from employment on or after workers of Columbian Chemicals the subject firm who support production January 26, 2005 through April 21, 2008, are Company, Proctor, West Virginia. of machined and painted component eligible to apply for adjustment assistance The petition is a duplicate petition parts of water valves at Henry Pratt under Section 223 of the Trade Act of 1974, filed under case number TA–W–59,361. Company, Machine Shop and Weld/ and are eligible to apply for alternative trade Consequently, this investigation has Paint Shop, Dixon, Illinois. adjustment assistance under Section 246 of been terminated. The initial investigation resulted in a the Trade Act of 1974. certification of Machine Shop and Signed at Washington, DC this 1st day of Signed in Washington, DC, this 20th day of Weld/Paint Shop and did not include June, 2006. June, 2006. workers of other departments who Elliott S. Kushner, Elliott S. Kushner, supported production at Machine Shop Certifying Officer, Division of Trade and Weld/Paint Shop. The Certifying Officer, Division of Trade Adjustment Assistance. determination was signed on April 21, Adjustment Assistance. [FR Doc. E6–10518 Filed 7–5–06; 8:45 am] 2006 and the notice was published in [FR Doc. E6–10520 Filed 7–5–06; 8:45 am] BILLING CODE 4510–30–P the Federal Register on May 10, 2006 BILLING CODE 4510–30–P (71 FR 27291). In the request for reconsideration the DEPARTMENT OF LABOR petitioner described the work performed DEPARTMENT OF LABOR by employees of other departments as Employment and Training support of production. Employment and Training Administration A review of the initial investigation Administration confirmed the allegations of the [TA–W–59,413] petitioner and provided the facts in [TA–W–59,452] support of eligibility of workers of other Eaton Corporation, Cleveland, OH; departments for TAA as workers Insight Direct USA, Working at Notice of Termination of Investigation supporting production of machined and Allegheny Energy, Greensburg, PA; painted component parts of water valves Notice of Termination of Investigation Pursuant to Section 221 of the Trade at the subject firm. Act of 1974, as amended, an In accordance with Section 246 the Pursuant to Section 221 of the Trade investigation was initiated on May 17, Trade Act of 1974 (26 U.S.C. 2813), as Act of 1974, as amended, an 2006 in response to a petition filed by amended, the Department of Labor investigation was initiated on May 24, a company official on behalf of workers herein presents the results of its 2006 in response to a petition filed on at the Eaton Corporation in Cleveland, investigation regarding certification of behalf of workers of Insight Direct USA, eligibility to apply for alternative trade Ohio. working at Allegheny Energy, adjustment assistance (ATAA) for older Greensburg, Pennsylvania. The petitioner has requested that the workers. petition be withdrawn. Consequently, In order for the Department to issue The petition has been deemed invalid. the investigation has been terminated. a certification of eligibility to apply for The petition was signed by one worker ATAA, the group eligibility instead of the required three workers. Signed in Washington, DC this 6th day of Consequently, the investigation has June, 2006. requirements of Section 246 of the Trade Act must be met. The Department been terminated. Richard Church, has determined in this case that the Signed at Washington, DC this 12th day of Certifying Officer, Division of Trade requirements of Section 246 have been June 2006. Adjustment Assistance. met. Linda G. Poole, [FR Doc. E6–10515 Filed 7–5–06; 8:45 am] A significant number of workers at the Certifying Officer, Division of Trade BILLING CODE 4510–30–P firm are age 50 or over and possess Adjustment Assistance. skills that are not easily transferable. Competitive conditions within the [FR Doc. E6–10519 Filed 7–5–06; 8:45 am] industry are adverse. BILLING CODE 4510–30–P Conclusion After careful review of the initial investigation, I determine that there was

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DEPARTMENT OF LABOR DEPARTMENT OF LABOR instituted investigations pursuant to Section 221(a) of the Act. Employment and Training Employment and Training The purpose of each of the Administration Administration investigations is to determine whether [TA–W–59,380] the workers are eligible to apply for [TA–W–59,118] adjustment assistance under Title II, Siemens VDO, Elkhart, IN; Notice of Chapter 2, of the Act. The investigations Termination of Investigation Thomson, Inc., Circleville, OH; Dismissal of Application for will further relate, as appropriate, to the Pursuant to Section 221 of the Trade Reconsideration determination of the date on which total Act of 1974, as amended, an or partial separations began or investigation was initiated on May 12, Pursuant to 29 CFR 90.18(C) an threatened to begin and the subdivision 2006 in response to a worker petition application for administrative of the firm involved. filed Teamsters Local 364 on behalf of reconsideration was filed with the The petitioners or any other persons workers at Siemens VDO, Elkhart, Director of the Division of Trade showing a substantial interest in the Indiana. Adjustment Assistance for workers at subject matter of the investigations may The petitioner has requested that the Thomson, Inc., Circleville, Ohio. The petition be withdrawn. Consequently, application did not contain new request a public hearing, provided such this investigation has been terminated. information supporting a conclusion request is filed in writing with the Director, Division of Trade Adjustment Signed at Washington, DC, this 2nd day of that the determination was erroneous, June, 2006. and also did not provide a justification Assistance, at the address shown below, Richard Church, for reconsideration of the determination not later than July 17, 2006. Certifying Officer, Division of Trade that was based on either mistaken facts Interested persons are invited to Adjustment Assistance. or a misinterpretation of facts or of the submit written comments regarding the [FR Doc. E6–10517 Filed 7–5–06; 8:45 am] law. Therefore, dismissal of the subject matter of the investigations to BILLING CODE 4510–30–P application was issued. the Director, Division of Trade TA–W–59,118; Thomson, Inc., Circleville, Adjustment Assistance, at the address Ohio (June 19, 2006) shown below, not later than July 17, DEPARTMENT OF LABOR Signed at Washington, DC, this 20th day of 2006. Employment and Training June 2006. The petitions filed in this case are Administration Erica R. Cantor, available for inspection at the Office of Director, Division of Trade Adjustment the Director, Division of Trade [TA–W–59,438] Assistance. Adjustment Assistance, Employment Stimson Lumber Company, St. Helens, [FR Doc. E6–10513 Filed 7–5–06; 8:45 am] and Training Administration, U.S. OR; Notice of Termination of BILLING CODE 4510–30–P Department of Labor, Room C–5311, 200 Investigation Constitution Avenue, NW., Washington, DC 20210. Pursuant to Section 221 of the Trade DEPARTMENT OF LABOR Act of 1974, as amended, an Signed at Washington, DC, this 21st day of investigation was initiated on May 22, Employment and Training June 2006. 2006 in response to a worker petition Administration Erica R. Cantor, filed by a state agency representative on Director, Division of Trade Adjustment Investigations Regarding Certifications behalf of workers of Stimson Lumber Assistance. Company, St. Helens, Oregon. of Eligibility To Apply for Worker The petitioner has requested that the Adjustment Assistance and Alternative petition be withdrawn. Consequently, Trade Adjustment Assistance the investigation has been terminated. Petitions have been filed with the Signed at Washington, DC, this 7th day of Secretary of Labor under Section 221(a) June 2006. of the Trade Act of 1974 (‘‘the Act’’) and Linda G. Poole, are identified in the Appendix to this Certifying Officer, Division of Trade notice. Upon receipt of these petitions, Adjustment Assistance. the Director of the Division of Trade [FR Doc. E6–10516 Filed 7–5–06; 8:45 am] Adjustment Assistance, Employment BILLING CODE 4510–30–P and Training Administration, has APPENDIX [TAA Petitions instituted between 6/13/06 and 6/16/06]

Subject firm Date of Date of TA–W (petitioners) Location institution petition

59541 ...... Waterbury Rolling Mills Olin Corporation (Comp) ...... Waterbury, CT ...... 06/13/06 06/08/06 59542 ...... Tyler Pipe Co. (GMP) ...... Macungie, PA ...... 06/13/06 05/15/06 59543 ...... Georgia Pacific (State) ...... Old Town, ME ...... 06/13/06 06/09/06 59544 ...... Osram Sylvania, Inc. (Union) ...... Wellsboro, PA ...... 06/13/06 06/09/06 59545 ...... Getronics (Wkrs) ...... Liberty Lake, WA ...... 06/13/06 05/25/06 59546 ...... Chair Tech (State) ...... Benton, AR ...... 06/13/06 06/09/06 59547 ...... Newstech PA (Comp) ...... Northampton, PA ...... 06/13/06 06/09/06 59548 ...... Nishikawa Standard Co. (Wkrs) ...... New Haven, IN ...... 06/13/06 05/25/06

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APPENDIX—Continued [TAA Petitions instituted between 6/13/06 and 6/16/06]

Subject firm Date of Date of TA–W (petitioners) Location institution petition

59549 ...... Manufacturer’s Products Co. (UAW) ...... Warren, MI ...... 06/13/06 06/05/06 59550 ...... FMC Technologies, Inc. (Wkrs) ...... Homer City, PA ...... 06/13/06 05/22/06 59551 ...... Advanced Casting, Inc. (Comp) ...... Central Falls, RI ...... 06/13/06 06/01/06 59552 ...... Admiral Machine (UAW) ...... Wadsworth, OH ...... 06/13/06 06/09/06 59553 ...... Convergys Corporation (Comp) ...... Tampa, FL ...... 06/13/06 06/12/06 59554 ...... Georgia-Pacific Corporation (Comp) ...... Green Bay, WI ...... 06/13/06 06/09/06 59555 ...... Michaels of Oregon (Comp) ...... Meridian, ID ...... 06/13/06 06/12/06 59556 ...... ATA Airlines, Inc. (Wkrs) ...... Indianapolis, IN ...... 06/13/06 06/07/06 59557 ...... GFP Strandwood Corp. (Comp) ...... Hancock, MI ...... 06/13/06 06/12/06 59558 ...... Clarion Technologies, Inc. (Comp) ...... Caledonia, MI ...... 06/13/06 06/12/06 59559 ...... Express Point Technology Services (State) ...... Lincolnton, CA ...... 06/13/06 06/12/06 59560 ...... Thermo IEC Inc. (Comp) ...... Milford, MA ...... 06/13/06 06/09/06 59561 ...... Jones Apparel Group Inc. (Comp) ...... Bristol, PA ...... 06/13/06 06/12/06 59562 ...... Arkema Corporation (USW) ...... Riverview, MI ...... 06/13/06 05/26/06 59563 ...... Distinctive Designs Furniture USA (Comp) ...... Granite Falls, NC ...... 06/13/06 06/12/06 59564 ...... Greatbatch-Sierra, Inc. (Comp) ...... Carson City, NV ...... 06/14/06 06/13/06 59565 ...... GN Resound Group North American (State) ...... Bloomington, MN ...... 06/14/06 06/13/06 59566 ...... Cho Won, Inc. (State) ...... Van Nuys, CA ...... 06/14/06 06/13/06 59567 ...... GE Dothan Motor Plant (Comp) ...... Dothan, AL ...... 06/14/06 06/13/06 59568 ...... East Palestine China Co. (Wkrs) ...... East Palestine, OH ...... 06/14/06 06/13/06 59569 ...... Fort Wayne Foundry Corp. (Comp) ...... Fort Wayne, IN ...... 06/14/06 06/14/06 59570 ...... Non-Metallic Components Inc. (Comp) ...... Cuba City, WI ...... 06/15/06 06/14/06 59571 ...... Fairchild Semiconductor (Wkrs) ...... So. Portland, ME ...... 06/15/06 06/13/06 59572 ...... Gear for Sports (Comp) ...... Bedford, IA ...... 06/15/06 06/14/06 59573 ...... Johnson Controls (Comp) ...... Zeeland, MI ...... 06/15/06 06/12/06 59574 ...... Kentucky Derby Hosiery Co. Inc. (Comp) ...... Hickory, NC ...... 06/16/06 06/12/06 59575 ...... Ephrata Manufacturing Co. (Comp) ...... Ephrata, PA ...... 06/16/06 06/12/06 59576 ...... Springs Global U.S. Inc. (Comp) ...... Chester, SC ...... 06/16/06 06/14/06 59577 ...... Union Apparel Inc. (Wkrs) ...... Norvelt, PA ...... 06/16/06 06/09/06 59578 ...... Wells Manufacturing Corp. (Wkrs) ...... Fond Du Lac, WI ...... 06/16/06 06/15/06 59579 ...... Harodite Industries Inc. (Comp) ...... Taunton, MA ...... 06/16/06 06/15/06 59580 ...... SSA Global Technologies, Inc. (Wkrs) ...... Chicago, IL ...... 06/16/06 06/15/06 59581 ...... VF Imagewear (Comp) ...... Martinsville, VA ...... 06/16/06 06/08/06 59582 ...... Convergys (Wkrs) ...... Portland, OR ...... 06/16/06 06/08/06

[FR Doc. E6–10521 Filed 7–5–06; 8:45 am] understood, and the impact of collection 693–2808, or e-mail: BILLING CODE 4510–30–P requirements on respondents can be [email protected]. properly assessed. Currently, the SUPPLEMENTARY INFORMATION: Employment and Training DEPARTMENT OF LABOR Administration, Office of I. Background Apprenticeship is soliciting comments The National Apprenticeship Act of Employment and Training concerning the proposed extension of 1937, Section 50 (29 U.S.C. 50), Administration the collection for the Title 29 CFR part authorizes and directs the Secretary of 30, Equal Employment Opportunity in Proposed Collection; Comment Labor ‘‘to formulate and promote the Apprenticeship Training. Request furtherance of labor standards necessary A copy of the proposed information to safeguard the welfare of apprentices, collection request (ICR) can be obtained ACTION: to extend the application of such Notice. by contacting the office listed below in standards by encouraging the inclusion the addressee section of this notice or at SUMMARY: The Department of Labor, as thereof in contracts of apprenticeship, to this Web site: http://www.doleta.gov/ part of its continuing effort to reduce bring together employers and labor for Performance/guidance/ paperwork and respondent burden the formulation of programs of OMBControlNumber.cfm. conducts a preclearance consultation apprenticeship, to cooperate with State program to provide the general public DATES: Written comments must be agencies engaged in the formulation and and Federal agencies with an submitted to the office listed in the promotion of standards of opportunity to comment on proposed ADDRESSES section below on or before apprenticeship, and to cooperate with and/or continuing collections of September 5, 2006. the Secretary of Education in information in accordance with the ADDRESSES: Anthony Swoope, accordance with Section 17 of Title 20.’’ Paperwork Reduction Act of 1995 Administrator, Office of Section 50a of the Act authorizes the (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This Apprenticeship, U.S. Department of Secretary of Labor to ‘‘publish program helps to ensure that requested Labor, Employment and Training information relating to existing and data can be provided in the desired Administration, Room N–5311, 200 proposed labor standards of format, reporting burden (time and Constitution Avenue, NW., Washington, apprenticeship,’’ and to ‘‘appoint financial resources) is minimized, DC 20210, Phone: (202) 693–2796 (This national advisory committees * * *’’ collection instruments are clearly is not a toll-free number), Fax: (202) (29 U.S.C. 50a).

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Title 29 CFR part 30 sets forth policies whether the information will have records on recruitment, selection of the and procedures to promote equality of practical utility; applicant and/or apprentice and the opportunity in apprenticeship programs • Evaluate the accuracy of the employment and training activities registered with the U.S. Department of agency’s estimate of the burden of the related to the apprentice and the Labor and recognized State proposed collection of information, qualifications of each applicant/ Apprenticeship Agencies. These including the validity of the apprentice pertaining to determination methodology and assumptions used; of compliance with the regulation. policies and procedures apply to • recruitment and selection of Enhance the quality, utility, and Records must be retained, where apprentices, and to all conditions of clarity of the information to be appropriate, regarding affirmative action employment and training during collected; and plans and evidence that qualification • Minimize the burden of the apprenticeship. The procedures provide standards have been validated. State collection of information on those who Apprenticeship Councils are also for review of apprenticeship programs, are to respond, including through the for registering apprenticeship programs, obligated to keep adequate records use of appropriate automated, pertaining to determination of for processing complaints, and for electronic, mechanical, or other deregistering non-complying compliance with these regulations. All technological collection techniques or of the above records are required to be apprenticeship programs. This part also other forms of information technology, provides policies and procedures for maintained for five years. If this e.g., permitting electronic submissions information was not required, there continuation or withdrawal of of responses. recognition of State agencies which would be no documentation that the register apprenticeship programs for III. Current Actions apprenticeship programs were being operated in a nondiscriminatory Federal purposes. Type of Review: Extension of a manner. Many apprenticeship programs currently approved collection. II. Review Focus Agency: Employment and Training are four years or more in duration; therefore, it is important to maintain the The Department of Labor is Administration. Title: Title 29 CFR part 30, Equal records for at least five years. particularly interested in comments Affected Public: Applicants, which: Employment Opportunity in Apprenticeship Training. Apprentices, Sponsors, State • Evaluate whether the proposed OMB Number: 1205–0224. Apprenticeship Councils or Agencies, collection of information is necessary Agency Form Number: ETA 9039. Tribal Government. for the proper performance of the Recordkeeping: Apprenticeship Total Respondents: 28,800. functions of the agency, including sponsors are required to keep accurate Estimated Total Burden Hours: 5,842.

SUMMARY OF BURDEN FOR 29 CFR PART 30

Average time Burden Sec. Total respondents Frequency Total responses per response (hours)

30.3 ...... 1,540 ...... 1-time basis ...... 1,540 ...... 1/2 hr./spon ...... 770 30.4 ...... 70 ...... 1-time basis ...... 70 ...... 1 hr./spon ...... 70 30.5 ...... 6,140 ...... 1-time basis ...... 6,140 ...... 1/2 hr./spon ...... 3,070 30.6 ...... 50 ...... 1-time basis ...... 50 ...... 5 hrs./spon ...... 250 30.8 ...... 28,800 ...... 1-time/ program 28,800 ...... 1 min./spon ...... 480 30.8 ...... 30 State Agencies ...... 1-time basis ...... 14,120 ...... 5 min./spon ...... 1,177 30.11 ...... 28,800 ...... 1 time ...... 28,800 ...... Handout ...... ETA 9039 ...... 50 appl/appr...... 1-time basis ...... 50 ...... 1/2 hr ...... 25 30.15 ...... 30 State Agencies ...... 1-time ...... Completed ...... 30.19 ...... 30 State Agencies ...... Varies ...... Totals ...... 28,800 ...... 50,770 ...... 5,842

Total Burden Cost (capital/startup): 0. DEPARTMENT OF LABOR of Management and Budget (OMB) Total Burden Cost (operating/ Circular A–76, the Department of Labor Occupational Safety and Health maintaining): 0. must notify the public when it either Administration concurs or disagrees with a challenge Comments submitted in response to from directly affected employees. In this this comment request will be Information Regarding the case, the challenge concerns the summarized and/or included in the Reclassification of Positions in the reclassification of a number of full time request for Office of Management and Occupational Safety and Health equivalent (FTE) Whistleblower Budget approval of the information Administration as Reported in the Investigators, Supervisory Investigators, collection request; they will also Department of Labor’s FY 2005 FAIR Program Managers, and Team Leaders in become a matter of public record. Act Inventory OSHA’s National Office and field Dated: June 23, 2006. AGENCY: Occupational Safety and Health locations, to ‘‘inherently governmental’’ Anthony Swoope, Administration (OSHA), Department of status from their prior classification as Labor. commercial in nature in the Department Administrator, Office of Apprenticeship. of Labor’s FY 2005 FAIR Act Inventory [FR Doc. E6–10505 Filed 7–5–06; 8:45 am] ACTION: Notice. for OSHA. BILLING CODE 4510–30–P SUMMARY: Pursuant to the provisions of FOR FURTHER INFORMATION CONTACT: the Federal Activities Inventory Reform Douglas Goodell, Office of Human Act of 1998 (FAIR Act), and the Office Resources, 200 Constitution Avenue,

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NW., Washington, DC 20210, 202–693– FOR FURTHER INFORMATION CONTACT: in aiding participating undergraduates 2588. Suzanne H. Plimpton, Reports Clearance in a decision to pursue graduate SUPPLEMENTARY INFORMATION: Pursuant Officer, National Science Foundation, education or careers in engineering; and to the provisions of the Federal 4201 Wilson Boulevard, Suite 295, (2) the relationship between how REU Activities Inventory Reform Act of 1998 Arlington, Virginia 22230; telephone activities are structured and managed (Public Law 105–270), and consistent (703) 292–7556; or sent e-mail to and participants’ subsequent education with Section B.1 of Attachment A of [email protected]. Individuals who use and career decisions and actions. Office of Management and Budget a telecommunications device for the The survey data collection will be (OMB) Circular A–76 (revised May 29, deaf (TDD) may call the Federal done on the World Wide Web. 2003), the Department of Labor has Information Relay Service (FIRS) at 1– Estimate of Burden: Public reporting concurred with a challenge from 800–877–8339 between 8 a.m. and 8 burden for this collection of information directly affected employees regarding 70 p.m., Eastern time, Monday through is estimated to average 30 minutes per full time equivalent (FTE) Friday. You may obtain a copy of the response. Whistleblower Investigators, data collection instrument and Respondents: Individuals. Estimated Number of Responses per Supervisory Investigators, Program instructions from Ms. Plimpton. Form: 4,525. Managers, and Team Leaders in OSHA’s SUPPLEMENTARY INFORMATION: Estimated Total Annual Burden on National Office (3 FTE) and 45 field Title of Collection: Evaluation of the Respondents: 2,262.5 hours (4,525 locations (67 FTE). The Department has Research Experiences for respondents at 30 minutes per determined that all 70 FTE should be Undergraduates (REU) Program in the response). reclassified as ‘‘inherently NSF Division of Engineering Education Frequency of Response: One time. governmental’’ from their prior and Centers (EEC). Comments: Comments are invited on classification as commercial in nature OMB Number: 3145–0121. (a) whether the proposed collection of (i.e., 3 FTE as Commercial Reason Code Expiration Date of Approval: One information is necessary for the proper A and 67 FTE as Commercial Reason Year. performance of the functions of the Code B) in the Department of Labor’s FY Type of request: Reinstate with Agency, including whether the 2005 FAIR Act Inventory for OSHA. An changes. information shall have practical utility; updated 2005 FAIR Act Inventory report Abstract: NSF has supported the REU (b) the accuracy of the Agency’s is to be prepared and posted to the Program since 1987. The Program was estimate of the burden of the proposed Department’s FAIR Act Inventory Web evaluated after three and five years, but collection of information; (c) ways to site within five (5) business days not since then. The proposed project enhance the quality, utility, and clarity following the next update cycle. will enable NSF’s Division of of the information on respondents, Signed in Washington, DC this 29th day of Engineering Education and Centers including through the use of automated June, 2006. (EEC) to learn about the activities, collection techniques or other forms of Edwin G. Foulke, Jr., outcomes, and impacts of the REU information technology; (d) ways to Assistant Secretary, Occupational Safety and awards made by that Division, as well minimize the burden of the collection of Health Administration. as lessons learned to improve the results information on those who are to [FR Doc. E6–10542 Filed 7–5–06; 8:45 am] of future REU awards. Two types of REU respond, including through the use of awards will be studied, REU sites and BILLING CODE 4510–26–P appropriate automated, electronic, REU supplements. REU Sites awards mechanical, or other technological fund groups of undergraduates to work collection techniques or other forms of with faculty members and graduate information technology. NATIONAL SCIENCE FOUNDATION students at an institution. Half of the undergraduates in an REU site must Dated: June 28, 2006. Notice of Intent To Seek Approval To come from other institutions. EEC also Catherine J. Hines, Reinstate With Changes an Expired makes REU Supplement awards to NSF- Acting Reports Clearance Officer, National Information Collection funded Engineering Research Centers Science Foundation. for comparable similar for [FR Doc. 06–6007 Filed 7–5–06; 8:45 am] AGENCY: National Science Foundation. undergraduates. BILLING CODE 7555–01–M ACTION: Notice and request for The proposed study will be very comments. similar to the two previous evaluations. It will focus on undergraduate REU NATIONAL SCIENCE FOUNDATION SUMMARY: The National Science participants and the faculty members Foundation (NSF) is announcing plans who are responsible for the REU awards Notice of Intent To Seek Approval To to request clearance of this collection. In during 2003–06, and will examine in Reinstate With Changes an Expired accordance with the requirement of detail for the first time the activities, Information Collection section 3506(c)(2)(A) of the Paperwork outcomes, and impacts of REU awards AGENCY: National Science Foundation. Reduction Act of 1995 (Pub. L. 104–13), made in a single NSF division (EEC). ACTION: Notice and request for we are providing opportunity for public The REU program officers in EEC want comments. comment on this action. After obtaining to learn in depth about the REU Site and and considering public comment, NSF ERC REU Supplements awards from SUMMARY: The National Science will prepare the submission requesting former REU students and awardees, any Foundation (NSF) is announcing plans that OMB approve clearance of this differences between the Sites and ERC to request clearance of this collection. In collection for no longer than 1 year. Supplements, and lessons learned for accordance with the requirement of DATES: Written comments on this notice subsequent proposal review and section 3506(c)(2)(A) of the Paperwork must be received by September 7, 2006 advising prospective PIs. Information Reduction Act of 1995 (Pub. L. 104–13), to be assured of consideration. will also be used for EEC Program we are providing opportunity for public Comments received after that date will reporting requirements. The study will comment on this action. After obtaining be considered to the extent practicable. examine (1) the role of the REU program and considering public comment, NSF

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will prepare the submission requesting Program as originally conceived is ACTION: Notice of the OMB review of that OMB approve clearance of this achieving its objectives and program- information collection and solicitation collection for no longer than 1 year. level outcomes, and to collect lessons of public comment. DATES: Written comments on this notice learned for improvement of program SUMMARY: The NRC has recently must be received by September 7, 2006 design and implementation. This short- submitted to OMB for review the to be assured of consideration. term evaluation is expected to provide following proposal for the collection of Comments received after that date will information on what educational and information under the provisions of the be considered to the extent practicable. career decisions have ben affected by Paperwork Reduction Act of 1995 (44 FOR FURTHER INFORMATION CONTACT: participation in a Summer Institute, what elements of the students’ BBSI U.S.C. Chapter 35). The NRC hereby Suzanne Plimpton, Reports Clearance informs potential respondents that an Officer, National Science Foundation, affect student outcomes, and how the program can be improved, e.g., through agency may not conduct or sponsor, and 4201 Wilson Boulevard, Suite 295, that a person is not required to respond Arlington, Virginia 22230; telephone changes in specific program-wide design components, expected outcomes, to, a collection of information unless it (703) 292–7556; or send e-mail to displays a currently valid OMB control [email protected]. Individuals who use proposal review criteria, etc. The survey data collection will be number. a telecommunications device for the 1. Type of submission, new, revision, deaf (TDD) may call the Federal done on the World Wide Web. Estimate of Burden: Public reporting or extension: Revision. Information Relay Service (FIRS) at 1– 2. The title of the information 800–877–8339 between 8 a.m. and 8 burden for this collection of information is estimated to average 30 minutes per collection: NRC Form 244, Registration p.m., Eastern time, Monday through Certificate—Use of Depleted Uranium Friday. You may obtain a copy of the response. Respondents: Individuals. under General License. data collection instrument and 3. The form number if applicable: Estimated Number of Responses per instructions from Ms. Plimpton. NRC Form 244. Form: 800. SUPPLEMENTARY INFORMATION: 4. How often the collection is Estimated Total Annual Burden on Title of Collection: Evaluation of the required: On occasion. NRC Form 244 is Respondents: 400 hours (880 National Science Foundation—National submitted when depleted uranium is respondents at 30 minutes per Institutes for Health Bioengineering and received or transferred under general response). Bioinformatics Summer Institutes license. Information on NRC Form 244 Frequency of Response: Once. (BBSI) Program. is collected and evaluated on a Comments: Comments are invited on OMB Number: 3145–0121. continuing basis as events occur. Expiration Date of Approval: One (a) whether the proposed collection of 5. Who will be required or asked to year. information is necessary for the proper report: Persons receiving, possessing, Type of Request: Reinstate and performance of the functions of the using, or transferring depleted uranium modify. Agency, including whether the under the general license established in Abstract: The National Science information shall have practical utility; 10 CFR 40.25(a). Foundation (NSF) and the National (b) the accuracy of the Agency’s 6. An estimate of the number of Institute of Bioinformatics and estimate of the burden of the proposed annual responses: 5 (2 NRC licensees Bioengineering (NIBIB), a new collection of information; (c) ways to and 3 Agreement State licensees). component of the National Institutes of enhance the quality, utility, and clarity 7. The estimated number of annual Health, established a jointly funded of the information on respondents, respondents: 5 (2 NRC licensees and 3 program run by NSF called the including through the use of automated Agreement State licensees). Bioengineering and Bioinformatics collection techniques or other forms of 8. The number of hours needed Summer Institutes (BBSI) Program to information technology; (d) ways to annually to complete the requirement or begin creating a supply of professionals minimize the burden of the collection of request: 5 (1 hour per response—2 hours trained in bioengineering and information on those who are to for NRC licensees and 3 hours for bioinformatics. This workforce initiative respond, including through the use of Agreement State licensees). complements research and education appropriate automated, electronic, 9. An indication of whether section efforts in these fields funded by both mechanical or other technological 3507(d), Public Law 104–13 applies: Not agencies and constitutes a high profile collection techniques or other forms of applicable. effort to meet the anticipated human information technology. 10. Abstract: 10 CFR part 40 resource needs for bioengineering and Dated: June 30, 2006. establishes requirements for licenses for bioinformatices. Catherine J. Hines, the receipt, possession, use and transfer The program is designed to provide Acting Reports Clearance Officer, National of radioactive source and byproduct students majoring in the biological Science Foundation. material. NRC Form 244 is used to sciences, computer sciences, [FR Doc. 06–6008 Filed 7–5–06; 8:45 am] report receipt and transfer of depleted engineering, mathematics, and physical BILLING CODE 7555–01–M uranium under general license, as sciences with well planned required by section 40.25. The interdisciplinary experiences in registration certification information bioengineering or bioinformatics required by NRC Form 244 is necessary NUCLEAR REGULATORY research and education, in very active to permit the NRC to make a COMMISSION ‘Summer Institutes’; thereby increasing determination on whether the the number of young people considering Agency Information Collection possession, use, and transfer of depleted careers in bioengineering and Activities: Submission for the Office of uranium source and byproduct material bioinformatics at the graduate level and Management and Budget (OMB) is in conformance with the beyond. Review; Comment Request Commission’s regulations for protection NIBIB and NSF’s Division of of public health and safety. Engineering Education and Centers AGENCY: U. S. Nuclear Regulatory A copy of the final supporting (EEC) wish to learn whether the BBSI Commission (NRC). statement may be viewed free of charge

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at the NRC Public Document Room, One Nuclear Management Company, LLC For the Nuclear Regulatory Commission. White Flint North, 11555 Rockville (NMC) Palisades Nuclear Plant (PNP). L. Raynard Wharton, Pike, Room O–1 F21, Rockville, MD The petitioners’ request that the NRC Senior Project Manager, Spent Fuel Project 20852. OMB clearance requests are take enforcement action against PNP by Office, Office of Nuclear Material Safety and available at the NRC worldwide Web condemning and stopping the use of the Safeguards. site: http://www.nrc.gov/public-involve/ two independent spent fuel storage [FR Doc. E6–10525 Filed 7–5–06; 8:45 am] doc-comment/omb/index.html. The installation (ISFSI) concrete pads, BILLING CODE 7590–01–P document will be available on the NRC constructed in 1992 and 2003, which home page site for 60 days after the hold dry spent fuel storage casks at the signature date of this notice. plant site. NUCLEAR REGULATORY Comments and questions should be COMMISSION directed to the OMB reviewer listed Request [Docket Nos. 50–361 and 50–362] below by August 7, 2006. Comments As the basis for the request, the received after this date will be petitioners state that both ISFSI concrete Southern California Edison Company, considered if it is practical to do so, but pads at PNP do not conform to NRC San Diego Gas and Electric Company, assurance of consideration cannot be requirements for earthquake stability the City of Riverside, CA, the City of given to comments received after this Anaheim, CA; San Onofre Nuclear date. John A. Asalone, Office of standards and pose a distinct hazard in the event of an earthquake. Generating Station, Units 2 and 3; Information and Regulatory Affairs Exemption (3150–0031), NEOB–10202, Office of The request concerning slope stability Management and Budget, Washington, of the 2003 concrete pad is being treated 1.0 Background DC 20503. pursuant to 10 CFR 2.206 of the Southern California Edison Company Comments can also be e-mailed to Commission’s regulations. The request (the licensee) is the holder of Facility _ _ John A. [email protected] or has been referred to the Director of the Operating License Nos. NPF–10 and submitted by telephone at (202) 395– Spent Fuel Project Office within the NPF–15, which authorize operation of 4650. Office of Nuclear Material Safety and the San Onofre Nuclear Generating The NRC Clearance Officer is Brenda Safeguards. As provided by 10 CFR Station, Unit 2 and Unit 3 (SONGS 2 Jo. Shelton, 301–415–7233. 2.206, appropriate action will be taken and 3), respectively. The licenses Dated at Rockville, Maryland, this 29th day on this petition within a reasonable provide, among other things, that the of June, 2006. time. Representatives of Mr. Lodge facility is subject to all rules, For the Nuclear Regulatory Commission. spoke with the Petition Review Board regulations, and orders of the U.S. Brenda Jo. Shelton, on April 26, 2006, to discuss the Nuclear Regulatory Commission (NRC, NRC Clearance Officer, Office of Information petition. The results of that discussion the Commission) now or hereafter in Services. were considered in the Board’s effect. [FR Doc. E6–10523 Filed 7–5–06; 8:45 am] determination regarding condemning The facility consists of two BILLING CODE 7590–01–P and stopping the use of the two ISFSI pressurized-water reactors located in concrete pads and in establishing a San Diego County, California. schedule for the review of the petition. 2.0 Request/action NUCLEAR REGULATORY By letter dated June 27, 2006, the Spent COMMISSION Fuel Project Office Deputy Director Title 10 of the Code of Federal accepted the petition for review in part, Regulations (10 CFR), Part 50, Appendix [Docket Nos. 72–7 and 50–255; License No. G, which is invoked by 10 CFR 50.60, DPR–20] specifically with respect to slope stability of the concrete pad constructed requires that pressure-temperature (P-T) Nuclear Management Company, LLC; in 2003. limits be established for reactor pressure vessels (RPVs) during normal operating Consideration of Request for Action Further Information Under 10 CFR 2.206 and hydrostatic or leak rate testing conditions. Specifically, 10 CFR Part 50, A copy of the petition may be AGENCY: Nuclear Regulatory Appendix G, states that ‘‘[t]he inspected at NRC’s Public Electronic Commission. appropriate requirements on both the Reading Room at http://www.nrc.gov/ pressure-temperature limits and the ACTION: Receipt and consideration of reading-rm/adams.html. This document minimum permissible temperature must request for action under 10 CFR 2.206. may also be viewed electronically on be met for all conditions,’’ and ‘‘[t]he the public computers located at the FOR FURTHER INFORMATION CONTACT: pressure-temperature limits identified L. NRC’s Public Document Room (PDR), as ‘ASME [American Society for Raynard Wharton, Senior Project O–1F21, One White Flint North, 11555 Mechanical Engineers] Appendix G Manager, Spent Fuel Project Office, Rockville Pike, Rockville, MD 20852. limits’ in Table 3 require that the limits Office of Nuclear Material Safety and The PDR reproduction contractor will Safeguards, U.S. Nuclear Regulatory must be at least as conservative as limits copy documents for a fee. Persons who Commission, Washington, DC 20555. obtained by following the methods of do not have access to the NRC’s Telephone: (301) 415–1396; Fax analysis and the margins of safety of Agencywide Documents Access and number: (301) 415–8555: E-mail: Appendix G of Section XI of the ASME Management System (ADAMS) or who [email protected]. Code [Boiler and Pressure Vessel encounter problems in accessing the Code].’’ Part 50 of Title 10 of the Code Introduction documents located in ADAMS, should of Federal Regulations, Appendix G, Notice is hereby given that by petition contact the NRC PDR Reference staff by also specifies that the editions and dated April 4, 2006, Mr. Terry J. Lodge telephone at 1–800–397–4209 or (301) addenda of the ASME Code, Section XI, (Counsel for Petitioners) has requested 415–4737, or by e-mail to [email protected]. which are incorporated by reference in that the Nuclear Regulatory Commission Dated at Rockville, Maryland this 27th day 10 CFR 50.55a, apply to the (NRC) take action with regard to the of June, 2006. requirements in 10 CFR Part 50,

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Appendix G. In the 2005 Edition of the During the NRC staff’s review of CE This exemption results in changes to Code of Federal Regulations, the 1977 NPSD–683, Revision 6, the NRC staff the plant by allowing the use of an Edition through the 2003 Addenda of evaluated the KIM calculational alternative methodology for calculating the ASME Code, Section XI are methodology of CE NPSD–683, Revision flaw stress intensity factors in the incorporated by reference in 10 CFR 6, versus the methodologies for KIM reactor pressure vessel due to membrane 50.55a. Finally, 10 CFR 50.60(b) states calculation given in the ASME Code, stress from pressure loadings in lieu of that, ‘‘[p]roposed alternatives to the Section XI, Appendix G. In the staff’s meeting the requirements in 10 CFR described requirements in Append[ix] G March 16, 2001 SE, the staff noted, 50.60. As stated above, 10 CFR 50.12 * * * of this part or portions thereof ‘‘[t]he CE NSSS [nuclear steam supply allows NRC to grant exemptions from may be used when an exemption is system] methodology does not invoke the requirements of 10 CFR Part 50. In granted by the Commission under [10 the methods in the 1995 edition of addition, the granting of the exemption CFR 50.12].’’ Appendix G to the Code for calculating will not result in violation of the Atomic In the licensee’s January 28, 2005, KIM factors, and instead applies FEM Energy Act of 1954, as amended, or the license amendment request to [finite element modeling] methods for Commission’s regulations. Therefore, implement a pressure-temperature estimating the KIM factors for the RPV the exemption is authorized by law. limits report (PTLR) for SONGS 2 and shell * * * the staff has determined that The underlying purpose of 10 CFR 50.60 and 10 CFR Part 50, Appendix G, 3, the licensee identified Combustion the KIM calculation methods apply FEM Engineering (CE) Owners Group Topical modeling that is similar to that used for is to ensure that appropriate pressure- temperature limits and the minimum Report NPSD–683–A, ‘‘The the determination of the KIT factors [as permissible temperature are established Development of a RCS [Reactor Coolant codified in the ASME Code, Section XI, for the reactor pressure vessel under System] Pressure and Temperature Appendix G]. The staff has also normal operating and hydrostatic or Limits Report for the Removal of P-T determined that there is only a slight leak rate conditions. The licensee’s Limits and LTOP [low temperature non-conservative difference between the alternative methodology for establishing overpressure protection] Setpoints from P–T limits generated from the 1989 the P-T limits and low-temperature the Technical Specifications,’’ as the edition of Appendix G to the Code and overpressure protection setpoints are PTLR methodology that would be cited those generated from CE NSSS described in Combustion Engineering in the administrative control section of methodology as documented in Owners’ Topical Report NPSD–683–A, the SONGS 2 and 3 Technical Evaluation No. 063–PENG–ER–096, Revision 00. The staff considers that this and has been approved by the NRC staff. Specifications governing PTLR content. Based on the above, no new accident CE NPSD–683–A refers to an NRC- difference is reasonable and that it will be consistent with the expected precursors are created by using the approved version of Topical Report CE alternative methodology, thus, the NPSD–683. The NRC staff evaluated the improvements in P-T generation methods that have been incorporated probability of postulated accidents is specific PTLR methodology in CE not increased. Also, based on the above, NPSD–683, Revision 6. This evaluation into the 1995 edition of Appendix G to the Code.’’ the consequences of postulated was documented in the NRC safety accidents are not increased. In addition, evaluation (SE) of March 16, 2001, In summary, the staff concluded in its the licensee will use an NRC-approved which specified additional licensee March 16, 2001, SE that the calculation methodology for establishing P-T limits actions that are necessary to support a of KIM using the CE NPSD–683, Revision and minimum permissible temperatures licensee’s adoption of CE NPSD–683, 6, methodology would lead to the for the reactor vessel. Therefore, there is Revision 6. The final approved version development of P-T limit curves, which no undue risk to the public health and of this report was reissued as CE NPSD– may be slightly non-conservative with safety. 683–A, Revision 6, which included the respect to those which would be The exemption results in changes to NRC SE and the required additional calculated using the ASME Code, the plant by allowing an alternative action items as an attachment to the Section XI, Appendix G, and that such methodology for calculating flaw stress report. One of the additional specified a difference was to be expected with the intensity factors in the reactor vessel. actions stated that if a licensee proposed development of more refined This change to the calculation of to utilize the methodology in CE NPSD– calculational techniques. Furthermore, stresses in the reactor vessel material 683, Revision 6, for the calculation of the staff concluded in its March 16, has no relation to security issues. flaw stress intensity factors due to 2001, SE that P-T limit curves that Therefore, the common defense and membrane stress from pressure loading would be developed using the security is not impacted by this (KIM), an exemption was required since methodology of CE NPSD–683, Revision exemption. the methodology for the calculation of 6, would be adequate for protecting the Special circumstances, pursuant to 10 KIM values in CE NPSD–683, Revision 6, RPV from brittle fracture under all CFR 50.12(a)(2)(ii), are present in that could not be shown to be conservative normal operating and hydrostatic/leak continued operation of SONGS 2 and 3 with respect to the methodology for the test conditions. with P-T limit curves developed in determination of KIM provided in 3.0 Discussion accordance with the ASME Code, editions and addenda of the ASME Section XI, Appendix G, without the Code, Section XI, Appendix G, through Pursuant to 10 CFR 50.12, the authorization to utilize the alternative the 2003 Addenda. Therefore, in Commission may, upon application by KIM calculational methodology of CE connection with the licensee’s January any interested person or upon its own NPSD–683–A, Revision 6, is not 28, 2005, license amendment request, as initiative, grant exemptions from the necessary to achieve the underlying supplemented by its letter dated January requirements of 10 CFR Part 50 when (1) purpose of 10 CFR Part 50, Appendix G. 12, 2006, the licensee also submitted an the exemptions are authorized by law, Application of the KIM calculational exemption request, consistent with the will not present an undue risk to public methodology of CE NPSD–683–A, requirements of 10 CFR 50.60, to apply health or safety, and are consistent with Revision 6, in lieu of the calculational the KIM calculational methodology of CE the common defense and security; and methodology specified in the ASME NPSD–683–A, Revision 6, as part of the (2) when special circumstances are Code, Section XI, Appendix G, provides SONGS 2 and 3 PTLR methodology. present. an acceptable alternative evaluation

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procedure, which will continue to meet application of the KIM calculational person to comply with the rules and the underlying purpose of 10 CFR Part methodology of CE NPSD–683–A, regulations applicable to the 50, Appendix G. The underlying Revision 6, in establishing the PTLR solicitation. purpose of the regulations in 10 CFR methodology for SONGS 2 and 3. Regulation 14A and Schedule 14A Pursuant to 10 CFR 51.32, the Part 50, Appendix G, is to provide an establish the disclosure requirements Commission has determined that the acceptable margin of safety against applicable to the solicitation of proxies, brittle failure of the RCS during any granting of this exemption will not have consents and authorizations. In condition of normal operation to which a significant effect on the quality of the particular, Item 22 of Schedule 14A the pressure boundary may be subjected human environment (71 FR 19553; contains extensive disclosure over its service lifetime. dated April 14, 2006). Based on the staff’s March 16, 2001, This exemption is effective upon requirements for fund proxy statements. SE regarding CE NPSD–683, Revision 6, issuance. Among other things, it requires the disclosure of information about fund fee and the licensee’s rationale to support Dated at Rockville, Maryland, this 5th day the exemption request, the staff accepts or expense increases, the election of of June 2006. directors, the approval of an investment the licensee’s determination that an For the Nuclear Regulatory Commission. exemption would be required to advisory contract and the approval of a Catherine Haney, approve the use of the KIM calculational distribution plan. methodology of CE NPSD–683–A, Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor The Commission requires the Revision 6. The staff concludes that the Regulation. dissemination of this information to application of the technical provisions [FR Doc. E6–10529 Filed 7–5–06; 8:45 am] assist investors in understanding their of the KIM calculational methodology of fund investments and the choices they BILLING CODE 7590–01–P CE NPSD–683–A, Revision 6, by SONGS may be asked to make regarding fund 2 and 3 provides sufficient margin in operations. The Commission does not the development of RPV P-T limit use the information in proxies directly, SECURITIES AND EXCHANGE curves such that the underlying purpose but reviews proxy statement filings for COMMISSION of the regulations (10 CFR Part 50, compliance with applicable rules. Appendix G) continues to be met. Proposed Collection; Comment Therefore, the NRC staff concludes that It is estimated that funds file Request the exemption requested by the licensee approximately 1,565 proxy solicitations annually with the Commission. That is justified based on the special Upon written request, copies available figure includes multiple filings by some circumstances of 10 CFR 50.12(a)(2)(ii), from: Securities and Exchange funds. The total annual reporting and ‘‘[a]pplication of the regulation in the Commission, Office of Filings and recordkeeping burden of the collection particular circumstances would not Information Services, Washington, DC of information is estimated to be serve the underlying purpose of the rule 20549. or is not necessary to achieve the approximately 166,203 hours (1,565 Extension: Rule 20a–1, SEC File No. 270– responses × 106.2 hours per response). underlying purpose of the rule.’’ 132, OMB Control No. 3235–0158. Based upon a consideration of the Written comments are invited on: (a) conservatism that is explicitly Notice is hereby given that pursuant Whether the proposed collection of incorporated into the methodologies of to the Paperwork Reduction Act of 1995 information is necessary for the proper 10 CFR Part 50, Appendix G, and ASME (44 U.S.C. 3501–3520) the Securities performance of the functions of the Code, Section XI, Appendix G, the staff and Exchange Commission (the agency, including whether the concludes that application of the KIM ‘‘Commission’’) is soliciting comments information will have practical utility; calculational methodology of CE NPSD– on the collection of information (b) the accuracy of the agency’s estimate 683–A, Revision 6, as described, would summarized below. The Commission of the burden of the collection of provide an adequate margin of safety plans to submit the existing collection information; (c) ways to enhance the against brittle failure of the RPV. of information to the Office of quality, utility, and clarity of the Therefore, the staff concludes that the Management and Budget (‘‘OMB’’) for information collected; and (d) ways to extension and approval. The title of the exemption is appropriate under the minimize the burden of the collection of collection of information is ‘‘Rule 20a– special circumstances of 10 CFR information on respondents, including 1 under the Investment Company Act of 50.12(a)(2)(ii), and that the application through the use of automated collection 1940, Solicitation of Proxies, Consents of the technical provisions of the KIM techniques or other forms of information and Authorizations.’’ calculational methodology of CE NPSD– technology. Consideration will be given 683–A, Revision 6, should be approved Rule 20a–1 (17 CFR 270.20a–1) under the Investment Company Act of 1940 to comments and suggestions submitted for use in the SONGS 2 and 3 PTLR in writing within 60 days of this methodology. (15 U.S.C. 80a–1 et seq.) requires that the solicitation of a proxy, consent, or publication. 4.0 Conclusion authorization with respect to a security Please direct your written comments Accordingly, the Commission has issued by a registered investment to R. Corey Booth, Director/Chief determined that, pursuant to 10 CFR company (‘‘fund’’) be in compliance Information Officer, Securities and 50.12(a), the exemption is authorized by with Regulation 14A (17 CFR 240.14a– Exchange Commission, c/o Shirley law, will not present an undue risk to 1 et seq.), Schedule 14A (17 CFR Martinson, 6432 General Green Way, the public health and safety, and is 240.14a–101), and all other rules and Alexandria, VA 22312, or via e-mail to: consistent with the common defense regulations adopted under section 14(a) [email protected]. and security. Also, special of the Securities Exchange Act of 1934 Dated: June 20, 2006. circumstances are present. Therefore, (15 U.S.C. 78n(a)). It also requires a the Commission hereby grants Southern fund’s investment adviser, or a Nancy M. Morris, California Edison Company an prospective adviser, to transmit to the Secretary. exemption from the requirements of 10 person making a proxy solicitation the [FR Doc. E6–10491 Filed 7–5–06; 8:45 am] CFR Part 50, Appendix G, to allow information necessary to enable that BILLING CODE 8010–01–P

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SECURITIES AND EXCHANGE Specifically, this order continues the automated quotations and excludes COMMISSION de minimis exemption from compliance manual quotations from trade-through with Section 8(d)(i) of the ITS Plan with protection, and renders the de minimis [Release No. 34–54063] respect to two specific exchange-traded exemption unnecessary. Given the Order Pursuant to Section 11A of the funds (‘‘ETFs’’), the Dow Jones significant systems and other changes Securities Exchange Act of 1934 and Industrial Average ETF (‘‘DIA’’) and the necessary to implement Rule 610 and Rule 608(e) Thereunder Extending a De Standard & Poor’s 500 Index ETF Rule 611,11 the Commission originally 8 Minimis Exemption for Transactions in (‘‘SPY’’). By its terms, the September established delayed compliance dates Certain Exchange-Traded Funds From 2005 Order continued the exemption for Rule 610 and Rule 611, the first of the Trade-Through Provisions of the from the trade-through provisions of the which was scheduled to begin on June Intermarket Trading System ITS Plan of any transactions in the two 29, 2006.12 In the September 2005 ETFs that are effected at prices at or Order, the Commission stated that until June 28, 2006. within three cents away from the best Regulation NMS is implemented, the This order extends, through February bid and offer quoted in the Consolidated reasons for maintaining the de minimis 4, 2007, a de minimis exemption to the Quote System (‘‘CQS’’) through June 28, exemption in effect continue to be valid, provisions of the Intermarket Trading 2006. and thus the Commission extended the System Plan (‘‘ITS Plan’’),1 a national In the Commission’s previous orders de minimis exemption though June 28, market system plan,2 governing to issue and extend the de minimis 2006, which was the date before the intermarket trade-throughs that exemption,9 the Commission discussed initial compliance date for Rule 610 and currently is due to expire on June 28, its basis for determining that the de Rule 611. 2006. The de minimis exemption was minimis exemption is consistent with On May 18, 2006, the Commission originally issued by the Commission on the public interest, the protection of extended the compliance dates for Rule August 28, 2002 3 and extended on May investors, the maintenance of fair and 610 and Rule 611 to give trading centers 30, 2003,4 on March 3, 2004,5 on orderly markets and the removal of additional time to finalize the December 3, 2004,6 and on September 6, impediments to, and perfection of the development of their new or modified 2005.7 mechanisms of, a national market trading systems, and to give the system. In the September 2005 Order, securities industry sufficient time to 1 The self-regulatory organizations (‘‘SROs’’) the Commission further noted that: establish the necessary access to such participating in the ITS Plan include the American 13 Stock Exchange LLC, the Boston Stock Exchange, In March 2004 and in May 2003, the trading systems. The initial Inc., the Chicago Board Options Exchange, Inc., the Commission extended the three cent de compliance date was extended to a Chicago Stock Exchange, Inc., the National Stock minimis exemption for additional nine- series of five dates, beginning on Exchange, Inc. (formerly the Cincinnati Stock month periods, in order to assess trading data October 16, 2006, for different Exchange, Inc.), the National Association of associated with the de minimis exemption functional stages of compliance, with Securities Dealers, Inc. (‘‘NASD’’), the New York and to consider whether to adopt the de Stock Exchange, Inc., the Pacific Exchange, Inc., minimis exemption on a permanent basis, to February 5, 2007 (the ‘‘Trading Phase and the Philadelphia Stock Exchange, Inc. Date’’) being the final date for full (collectively, the ‘‘participants’’). See Securities adopt some other alternative solution, or to Exchange Act Release No. 19456 (January 27, 1983), allow the exemption to expire. As a result of operation of Regulation NMS-compliant 48 FR 4938 (February 3, 1983). its review of trading data associated with the trading systems for initial trade-through 2 Securities Exchange Act of 1934 (‘‘Act’’) Rule de minimis exemption, the Commission has protection under Rule 611, as described 608(c) (formerly Rule 11Aa3–2(d)), 17 CFR proposed, as part of its market structure in the NMS Extension Release. 242.608(c), promulgated under Section 11A, 15 initiatives, Regulation NMS under the Act, Therefore, to maintain the status quo U.S.C. 78k–1, of the Act requires each SRO to which would include a new rule relating to and avoid requiring market participants comply with, and enforce compliance by its trade-throughs. members and their associated persons with, the to make short-term trading or terms of any effective national market system plan On April 6, 2005, the Commission programming changes pending the of which it is a sponsor or participant. Rule 608(e) approved Regulation NMS under the extended implementation period for (formerly Rule 11Aa3–2(f)), 17 CFR 242.608(e), Act.10 In Regulation NMS, the under the Act authorizes the Commission to Rule 610 and Rule 611 of Regulation exempt, either unconditionally or on specified Commission adopted an approach that, NMS, it is appropriate to extend the de terms and conditions, any SRO, member of an SRO, among other things, protects only minimis exemption through February 4, or specified security from the requirement of the 2007, the day before the Trading Phase rule if the Commission determines that such 2005) (the ‘‘September 2005 Order’’). The Date.14 The Commission emphasizes, as exemption is consistent with the public interest, the September Order granted relief through June 28, protection of investors, the maintenance of fair and 2006. orderly markets and the removal of impediments to, 8 The Commission limited the de minimis 11 Rule 610 generally prohibits national securities and perfection of the mechanisms of, a national exemption to these two securities because they exchanges and national securities associations from market system. share certain characteristics that may make imposing unfairly discriminatory terms that prevent 3 See Securities Exchange Act Release No. 46428 immediate execution of their shares highly or inhibit access to quotations, and establishes a (August 28, 2002), 67 FR 56607 (September 4, 2002) desirable to certain investors. In particular, trading limit on access fees, and requires each national (the ‘‘August 2002 Order’’). The August 2002 Order in the two ETFs is highly liquid and market securities exchange and national securities granted relief through June 4, 2003. participants may value an immediate execution at association to adopt, maintain, and enforce written 4 See Securities Exchange Act Release No. 47950 a displayed price more than the opportunity to rules that prohibit their members from engaging in (May 30, 2003), 68 FR 33748 (June 5, 2003) (the obtain a slightly better price. Unlike prior orders, a pattern or practice of displaying quotations that ‘‘May 2003 Order’’). The May 2003 Order granted the December 2004 and September 2005 extensions lock or cross protected quotations. Rule 611 relief through March 4, 2004. of the de minimis exemption applied only to the requires trading centers to establish, maintain, and 5 See Securities Exchange Act Release No. 49356 DIA and the SPY, and not the QQQ, because, on enforce written policies and procedures reasonably (March 3, 2004), 69 FR 11057 (March 9, 2004) (the December 1, 2004, trading of the QQQ transferred designed to prevent the execution of trades at prices ‘‘March 2004 Order’’). The March 2004 Order from the American Stock Exchange to Nasdaq, and inferior to protected quotations displayed by other granted relief through December 4, 2004. thus trades in the QQQ ceased to be subject to the trading centers, subject to an applicable exception. 6 See Securities Exchange Act Release No. 50795 trade-through provisions of the ITS Plan. 12 See supra note 10. (December 3, 2004), 69 FR 71445 (December 9, Accordingly, an exemption for the QQQ was no 13 Securities Exchange Act Release No. 53829 2004) (the ‘‘December 2004 Order’’). The December longer necessary. See December 2004 Order and (May 18, 2006), 71 FR 30037 (May 24, 2006) (‘‘NMS 2004 Order granted relief through September 4, September 2005 Order. Extension Release’’). 2005. 9 See supra notes 3 to 7. 14 The Commission expects most trading centers 7 See Securities Exchange Act Release No. 52382 10 See Securities Exchange Act Release No. 51808 to be operating consistent with the requirements of (September 6, 2005), 70 FR 53695 (September 9, (June 9, 2005), 70 FR 37496 (June 29, 2005). Rule 611 by the Trading Phase Date.

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it did in the previous orders,15 that the solicit comments on the proposed rule Improvement Period (‘‘PIP’’) process.5 de minimis exemption does not relieve change from interested persons. The proposed rule change retains the brokers and dealers of their best text of Supplementary Material .01 to I. Self-Regulatory Organization’s execution obligations under the federal Section 18 of Chapter V of the BOX Statement of the Terms of Substance of securities laws and SRO rules. Rules and seeks to extend the operation the Proposed Rule Change Accordingly, it is ordered, pursuant to of the PIP Pilot Program until July 18, Section 11A of the Act and Rule 608(e) The text of the proposed rule change 2007. thereunder,16 that participants of the is below. Proposed new language is The Exchange notes that the PIP Pilot ITS Plan and their members are hereby underlined; proposed deletions are in Program provides small customer orders exempt from Section 8(d) of the ITS [brackets]. with benefits not available under the Plan during the period covered by this * * * * * rules of other exchanges. One of the Order with respect to transactions in important factors of the PIP Pilot DIAs and SPYs that are executed at a Chapter V, Section 18 Program is that it guarantees members price that is no more than three cents Supplementary Material to Section 18 the right to trade with their customer lower than the highest bid displayed in orders that are less than 50 contracts. In CQS and no more than three cents .01 During the extended Pilot Period particular, any order entered into the higher than the lowest offer displayed in [from August 7, 2005 to July 18, 2006], PIP is guaranteed an execution at the CQS. This Order extends the de minimis there will be no minimum size end of the auction at a price at least a exemption from June 29, 2006 through requirement for Customer Orders to be penny better than the national best bid February 4, 2007. eligible for the PIP process. During this or offer. extended Pilot Period, BOXR will In further support of this proposed By the Commission. continue to submit certain data, rule change, and as required by the Nancy M. Morris, periodically as required by the Original PIP Pilot Program Approval Secretary. Commission, to provide supporting Order, the Exchange represents that it [FR Doc. E6–10493 Filed 7–5–06; 8:45 am] evidence that, among other things, there has been submitting to the Commission BILLING CODE 8010–01–P is meaningful competition for all size a monthly PIP Pilot Program Report, PIP orders, that there is significant price offering detailed data from and analysis improvement for all orders executed of the PIP Pilot Program. SECURITIES AND EXCHANGE through the PIP, and that there is an COMMISSION active and liquid market functioning on 2. Statutory Basis BOX outside of the PIP mechanism. Any The Exchange believes that the data [Release No. 34–54066; File No. SR–BSE– data which is submitted to the demonstrates that there is sufficient 2006–24] Commission by BOXR will be provided investor interest and demand to extend on a confidential basis. The Pilot Period the Pilot Program for another year. The Self-Regulatory Organizations; Boston shall expire on July 18, 2007. Exchange represents that the proposed Stock Exchange, Inc.; Notice of Filing .02 No Change. rule change is designed to provide and Immediate Effectiveness of investors with real and significant price * * * * * Proposed Rule Change To Extend a improvement regardless of the size of Pilot Program That Allows for No II. Self-Regulatory Organization’s the order. Accordingly, the Exchange Minimum Size Order Requirement for Statement of the Purpose of, and believes that the proposal is consistent the Price Improvement Period Process Statutory Basis for, the Proposed Rule with the requirements of Section 6(b) of on the Boston Options Exchange Change the Act,6 in general, and Section 6(b)(5) of the Act,7 in particular, in that it is June 29, 2006. In its filing with the Commission, the designed to provide price improvement Pursuant to Section 19(b)(1) of the Exchange included statements to any order, which is consistent with Securities Exchange Act of 1934 concerning the purpose of, and basis for, the public interest and protection of (‘‘Act’’),1 and Rule 19b–4 thereunder,2 the proposed rule change and discussed investors from a best execution notice is hereby given that on June 19, any comments it received on the standpoint. Additionally, the Exchange 2006, the Boston Stock Exchange, Inc. proposed rule change. The text of these believes that price improvement to any (‘‘BSE’’ or ‘‘Exchange’’) filed with the statements may be examined at the size order creates competition for the Securities and Exchange Commission places specified in Item IV below. The best execution of all orders, without (‘‘Commission’’) the proposed rule Exchange has prepared summaries, set unduly burdening competition. change as described in Items I, II and III forth in Sections A, B, and C below, of below, which items have been prepared the most significant aspects of such B. Self-Regulatory Organization’s by BSE. The Exchange has designated statements. Statement on Burden on Competition the proposed rule change as a ‘‘non- A. Self-Regulatory Organization’s The Exchange does not believe that controversial’’ rule change pursuant to Statement of the Purpose of, and the proposed rule change will result in Section 19(b)(3)(A)(iii) of the Act 3 and Statutory Basis for, the Proposed Rule any burden on competition that is not Rule 19b–4(f)(6) thereunder,4 which Change necessary or appropriate in furtherance renders the proposal effective upon of the purposes of the Act. filing with the Commission. The 1. Purpose Commission is publishing this notice to 5 The Pilot Program is currently set to expire on The purpose of the proposed rule July 18, 2006. See Securities Exchange Act Release change is to extend a Pilot Program No. 52149 (July 28, 2005), 70 FR 44704 (August 3, 15 See supra notes 3 to 7. under the Rules of the Boston Options 2005). See also Securities Exchange Act Release No. 16 17 CFR 242.608(e). Exchange (‘‘BOX’’) for an additional 49068 (January 13, 2004), 69 FR 2768 (January 20, 1 15 U.S.C. 78s(b)(1). 2004) (‘‘Original PIP Pilot Program Approval 2 17 CFR 240.19b–4. year. The Pilot Program allows BOX to Order’’). 3 15 U.S.C. 78s(b)(3)(A)(iii). have no minimum size requirement for 6 15 U.S.C. 78f(b). 4 17 CFR 240.19b–4(f)(6). orders entered into the Price 7 7 15 U.S.C. 78f(b)(5).

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C. Self-Regulatory Organization’s 100 F Street, NE., Washington, DC Exchange, Incorporated (‘‘CBOE’’ or Statement on Comments on the 20549–1090. ‘‘Exchange’’) filed with the Securities Proposed Rule Change Received From All submissions should refer to File and Exchange Commission Members, Participants, or Others Number SR–BSE–2006–24. This file (‘‘Commission’’) the proposed rule The Exchange has neither solicited number should be included on the change as described in Items I, II, and nor received comments on the proposed subject line if e-mail is used. To help the III below, which Items have been rule change. Commission process and review your prepared by the Exchange. The CBOE comments more efficiently, please use has filed this proposal pursuant to III. Date of Effectiveness of the only one method. The Commission will Section 19(b)(3)(A)(iii) of the Act 3 and Proposed Rule Change and Timing for post all comments on the Commission’s Rule 19b–4(f)(6) thereunder,4 which Commission Action Internet Web site (http://www.sec.gov/ renders the proposal effective upon The Exchange has designated the rules/sro.shtml). Copies of the filing with the Commission. The foregoing rule change as a ‘‘non- submission, all subsequent Commission is publishing this notice to controversial’’ rule change pursuant to amendments, all written statements solicit comments on the proposed rule Section 19(b)(3)(A)(iii) of the Act 8 and with respect to the proposed rule change from interested persons. 9 Rule 19b–4(f)(6) thereunder because change that are filed with the I. Self-Regulatory Organization’s the rule change does not: (i) Commission, and all written Statement of the Terms of Substance of Significantly affect the protection of communications relating to the the Proposed Rule Change investors or the public interest; (ii) proposed rule change between the impose any significant burden on Commission and any person, other than The Exchange proposes to amend competition; or (iii) become operative those that may be withheld from the CBOE Rule 8.7, ‘‘Obligations of Market- for 30 days from the day on which it public in accordance with the Makers,’’ relating to bid/ask differentials was filed, or such shorter time as the provisions of 5 U.S.C. 552, will be in Hybrid and Hybrid 2.0 classes. The Commission may designate if consistent available for inspection and copying in text of the proposed rule change appears with the protection of investors and the the Commission’s Public Reference below. Additions are italicized. public interest. The Exchange asserts Room. Copies of such filing also will be * * * * * that this proposed rule filing does not available for inspection and copying at Chicago Board Options Exchange, raise any additional or substantive the principal office of BSE. All Incorporated Rules issues from those raised when the comments received will be posted Exchange sought to implement the Pilot without change; the Commission does * * * * * Program. The Exchange also asserts that not edit personal identifying Rule 8.7—Obligations of Market-Makers the information provided in the Pilot information from submissions. You Program Reports supports the should submit only information that Rule 8.7. (a) No change. (b) No change. representations made at that time. you wish to make available publicly. All (i)–(iii) No change. At any time within 60 days of the submissions should refer to File filing of the proposed rule change, the (iv) To price options contracts fairly Number SR–BSE–2006–24 and should by, among other things, bidding and/or Commission may summarily abrogate be submitted on or before July 27, 2006. such rule change if it appears to the offering in the following manner: For the Commission, by the Division of (A) No change. Commission that such action is Market Regulation, pursuant to delegated (B) No change. necessary or appropriate in the public authority.10 (C) Option Classes Trading on the interest, for the protection of investors, J. Lynn Taylor, Hybrid Trading System and Hybrid 2.0 or otherwise in furtherance of the Assistant Secretary. Platform. Except as provided in purposes of the Act. [FR Doc. E6–10533 Filed 7–5–06; 8:45 am] subparagraphs (i) and (ii) below, option IV. Solicitation of Comments BILLING CODE 8010–01–P classes trading on the Hybrid Trading Interested persons are invited to System and the Hybrid 2.0 Platform may submit written data, views, and be quoted electronically with a arguments concerning the foregoing, SECURITIES AND EXCHANGE difference not to exceed $5 between the including whether the proposed rule COMMISSION bid and offer regardless of the price of change is consistent with the Act. the bid. The provisions of Rule [Release No. 34–54067; File No. SR–CBOE– 8.7(b)(iv)(A) shall apply to any quotes Comments may be submitted by any of 2006–57] the following methods: given in open outcry in Hybrid classes Self-Regulatory Organizations; and Hybrid 2.0 classes. Electronic Comments Chicago Board Options Exchange, i. The $5 bid/ask differential stated in • Use the Commission’s Internet Incorporated; Notice of Filing and subparagraph (C) above shall not apply comment form (http://www.sec.gov/ Immediate Effectiveness of Proposed to at-the-money series or in-the-money rules/sro.shtml); or Rule Change to Amend CBOE Rule 8.7 series where the quote width on the • Send an e-mail to rule- Relating to Bid/Ask Differentials primary market of the underlying [email protected]. Please include File security, or the quote width calculated Number SR–BSE–2006–24 on the June 29, 2006. by the Exchange or its agent for various subject line. Pursuant to Section 19(b)(1) of the indices pursuant to Interpretation .08, is Securities Exchange Act of 1934 wider than $5. For these series, the bid/ Paper Comments (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 ask differential may be as wide as the • Send paper comments in triplicate notice is hereby given that on June 21, quote width on the primary market of to Nancy M. Morris, Secretary, 2006, the Chicago Board Options the underlying security or calculated by Securities and Exchange Commission, the Exchange or its agent, as applicable. 10 17 CFR 200.30–3(a)(12). 8 15 U.S.C. 78s(b)(3)(A)(iii). 1 15 U.S.C. 78s(b)(1). 3 15 U.S.C. 78s(b)(3)(A)(iii). 9 17 CFR 240.19b–4(f)(6). 2 17 CFR 240.19b–4. 4 17 CFR 240.19b–4(f)(6).

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For purposes of this subparagraph (C)(i), by the Exchange or its agent for various manipulative acts and, in general, to ‘‘in-the-money series’’ are defined as indices pursuant to Interpretation .08 of protect investors and the public interest. follows: for call options, all strike prices CBOE Rule 8.7, is wider than $5. For B. Self-Regulatory Organization’s below the offer or last sale in the these in-the-money series, the bid/ask Statement on Burden on Competition underlying security (whichever is differential may be as wide as the quote higher); and for put options, all strike width on the primary market of the The CBOE does not believe that the prices above the bid or last sale in the underlying security or the quote width proposed rule change will impose any underlying security (whichever is lower); calculated by the Exchange or its agent, burden on competition that is not and as applicable. necessary or appropriate in furtherance ii. No change. The CBOE proposes to include in the of the purposes of the Act. (c)–(e) No change. text of CBOE Rule 8.7(b)(iv)(C)(i) an C. Self-Regulatory Organization’s * * * Interpretations and Policies: interpretation of the meaning of ‘‘in-the- Statement on Comments on the .01–.13 No change. money’’ series. The Exchange proposes that, for call options, ‘‘in-the-money’’ Proposed Rule Change Received From * * * * * series include all strike prices below the Members, Participants, or Others II. Self-Regulatory Organization’s offer or last sale in the underlying The Exchange neither solicited nor Statement of the Purpose of, and security, whichever is higher, and for received comments on the proposal. Statutory Basis for, the Proposed Rule put options, ‘‘in-the-money’’ series Change include all strike prices at or above the III. Date of Effectiveness of the bid or last sale in the underlying Proposed Rule Change and Timing for In its filing with the Commission, the Commission Action Exchange included statements security, whichever is lower. The CBOE believes that its proposed interpretation concerning the purpose of, and basis for, The Exchange has designated the is consistent with the definition of ‘‘in- the proposed rule change and discussed proposed rule change as one that: (i) the-money’’ series included in the any comments it received on the Does not significantly affect the Options Disclosure Document (‘‘ODD’’), proposed rule change. The text of these protection of investors or the public ‘‘Characteristics and Risks of statements may be examined at the interest; (ii) does not impose any Standardized Options.’’ 6 places specified in Item IV below. The significant burden on competition; and Exchange has prepared summaries, set The CBOE also proposes to amend (iii) does not become operative for 30 forth in Sections A, B, and C below, of paragraph (b)(iv)(C)(i) of CBOE Rule 8.7 days from the date of filing, or such the most significant aspects of such to state that the $5 bid/ask differential shorter time as the Commission may statements. also will not apply to at-the-money designate if consistent with the series where the quote width on the protection of investors and the public A. Self-Regulatory Organization’s primary market of the underlying Statement of the Purpose of, and interest. In addition, as required under security, or the quote width calculated Rule 19b–4(f)(6)(iii),9 the CBOE Statutory Basis for, the Proposed Rule by the Exchange or its agent for various Change provided the Commission with written indices pursuant to Interpretation .08 of notice of its intention to file the 1. Purpose CBOE Rule 8.7, is wider than $5. The proposed rule change, along with a brief Exchange proposes that, for these at-the- The CBOE proposes to amend CBOE description and the text of the proposed money series, the bid/ask differential Rule 8.7(b)(iv)(C)(i) relating to bid/ask rule change, at least five business days may be as wide as the quote width on differentials in the Hybrid Trading prior to filing the proposal with the the primary market of the underlying System and Hybrid 2.0 Platform classes. Commission. Therefore, the foregoing security or the quote width calculated Specifically, the CBOE proposes to rule change has become effective by the Exchange or its agent, as revise the text of CBOE Rule pursuant to Section 19(b)(3)(A) of the applicable. 8.7(b)(iv)(C)(i) to include an Act 10 and Rule 19b–4(f)(6) interpretation of the meaning of ‘‘in-the- 2. Statutory Basis thereunder.11 money’’ series and to include ‘‘at-the- At any time within 60 days of the money’’ series within the provisions of The Exchange believes the proposed rule change is consistent with the Act filing of the proposed rule change, the that paragraph. Commission may summarily abrogate Recently, the CBOE amended its Rule and the rules and regulations under the Act applicable to a national securities the rule change if it appears to the 8.7 to provide, among other things, an Commission that such action is exception to the general requirement exchange and, in particular, the requirements of Section 6(b) of the Act.7 necessary or appropriate in the public that option classes trading on the interest, for the protection of investors, Hybrid Trading System and the Hybrid Specifically, the Exchange believes the proposed rule change is consistent with or otherwise in furtherance of the 2.0 Platform may be quoted purposes of the Act. electronically with bid/ask differentials the requirements under Section 6(b)(5) 8 not to exceed $5 between the bid and of the Act that the rules of a national IV. Solicitation of Comments offer regardless of the price of the bid.5 securities exchange be designed to Interested persons are invited to One exception to this general promote just and equitable principles of trade, to prevent fraudulent and submit written data, views and requirement is that the $5 bid/ask arguments concerning the foregoing, differential does not apply to in-the- 6 In the ODD, ‘‘in-the-money’’ series are defined including whether the proposed rule money series where the quote width on change is consistent with the Act. the primary market of the underlying as: ‘‘A call option is said to be in the money if the current market value of the underlying interest is Comments may be submitted by any of security, or the quote width calculated above the exercise price of the option. A put option the following methods: is said to be in the money if the current market 5 See Securities Exchange Act Release No. 53229 value of the underlying interest is below the (February 6, 2006), 71 FR 7095 (February 10, 2006) exercise price of the option.’’ 9 17 CFR 240.19b–4(f)(6)(iii). (notice of filing and immediate effectiveness of File 7 15 U.S.C. 78f(b). 10 15 U.S.C. 78s(b)(3)(A). No. SR–CBOE–2006–12). 8 15 U.S.C. 78f(b)(5). 11 17 CFR 240.19b–4(f)(6).

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Electronic Comments SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s Statement of the Purpose of, and • COMMISSION Use the Commission’s Internet Statutory Basis for, the Proposed Rule comment form (http://www.sec.gov/ [Release No. 34–54065; File No. SR–CBOE– Change rules/sro.shtml); or 2006–54] 1. Purpose • Send an e-mail to rule- [email protected]. Please include File Self-Regulatory Organizations; The purpose of the proposed rule Number SR–CBOE–2006–57 on the Chicago Board Options Exchange, change is to amend the CBOE Fees subject line. Incorporated; Notice of Filing and Schedule to retroactively establish Order Granting Accelerated Approval certain fee relief that was provided Paper Comments of Proposed Rule Change to prospectively in a previous CBOE rule Retroactively Credit Certain DPM change filing, SR–CBOE–2006–44 • Send paper comments in triplicate 3 Linkage-Related Transaction Fees (‘‘Previous Filing’’). to Nancy M. Morris, Secretary, In the Previous Filing, the Exchange Securities and Exchange Commission, June 29, 2006. amended Section 21 of the CBOE Fees 100 F Street, NE., Washington, DC Schedule to enhance the credits 20549–1090. Pursuant to Section 19(b)(1) of the provided to DPMs under the DPM Securities Exchange Act of 1934 Linkage Fees Credit Program All submissions should refer to File No. 1 2 (‘‘Act’’), and Rule 19b–4 thereunder, (‘‘Program’’). Under the enhanced SR–CBOE–2006–57. This file number notice is hereby given that on May 31, Program established by the Previous should be included on the subject line 2006, the Chicago Board Options Filing, the Exchange credits DPMs for if e-mail is used. To help the Exchange, Incorporated (‘‘Exchange’’) certain fees they incur related to the Commission process and review your filed with the Securities and Exchange execution of: (i) Outbound principal comments more efficiently, please use Commission (‘‘Commission’’) the acting as agent (‘‘P/A’’) orders; and (ii) only one method. The Commission will proposed rule change as described in outbound Principal orders on behalf of post all comments on the Commission’s Items I and II below, which items have orders that are for the account of a Internet Web site (http://www.sec.gov/ been prepared by the Exchange. The broker-dealer (‘‘P orders’’). The purpose rules/sro.shtml). Copies of the Commission is publishing this notice to of the Program is to offset the additional submission, all subsequent solicit comments on the proposed rule costs DPMs incur in routing orders to amendments, all written statements change from interested persons, and is other exchanges in order to obtain the with respect to the proposed rule granting accelerated approval to the National Best Bid or Offer (‘‘NBBO’’). change that are filed with the proposed rule change. The Previous Filing established the enhanced Program as of May 18, 2006. Commission, and all written I. Self-Regulatory Organization’s In this filing, the Exchange proposes to communications relating to the Statement of the Terms of Substance of extend this fee relief retroactively back proposed rule change between the the Proposed Rule Change Commission and any person, other than to all applicable transactions occurring those that may be withheld from the The Exchange proposes to amend its since May 1, 2006, a total of 13 business public in accordance with the Fees Schedule to retroactively credit days. provisions of 5 U.S.C. 552, will be Designated Primary Market-Makers 2. Statutory Basis (‘‘DPMs’’) for certain fees they incur in available for inspection and copying in The Exchange states that the proposed the Commission’s Public Reference executing orders under the Intermarket Options Linkage Plan (‘‘Linkage’’). The rule change is consistent with Section Room. Copies of the filing also will be 6(b) of the Act 4 in general, and furthers text of the proposed rule change is available for inspection and copying at the objectives of Section 6(b)(4) of the available on the Exchange’s website the principal office of the Exchange. All Act 5 in particular, in that it is designed (http://www.cboe.com), at the comments received will be posted to provide for the equitable allocation of Exchange’s Office of the Secretary, and without change; the Commission does reasonable dues, fees, and other charges at the Commission’s Public Reference not edit personal identifying among CBOE members. Room. information from submissions. You B. Self-Regulatory Organization’s should submit only information that II. Self-Regulatory Organization’s Statement on Burden on Competition you wish to make available publicly. All Statement of the Purpose of, and submissions should refer to File No. Statutory Basis for, the Proposed Rule The Exchange does not believe that SR–CBOE–2006–57 and should be Change the proposed rule change will impose submitted on or before July 27, 2006. any burden on competition that is not In its filing with the Commission, the necessary or appropriate in furtherance For the Commission, by the Division of Exchange included statements of the purposes of the Act. Market Regulation, pursuant to delegated concerning the purpose of, and basis for, 12 C. Self-Regulatory Organization’s authority. the proposed rule change and discussed Statement on Comments on the J. Lynn Taylor, any comments it received on the Proposed Rule Change Received From proposed rule change. The text of these Assistant Secretary. Members, Participants or Others [FR Doc. E6–10530 Filed 7–5–06; 8:45 am] statements may be examined at the The Exchange states that no written BILLING CODE 8010–01–P places specified in Item IV below. The Exchange has prepared summaries, set comments were solicited or received forth in sections A, B and C below, of the most significant aspects of such 3 See Securities Exchange Act Release No. 53866 (May 25, 2006), 71 FR 31237 (June 1, 2006) (Notice statements. of Filing and Immediate Effectiveness of File No. SR–CBOE–2006–44). 1 15 U.S.C. 78s(b)(1). 4 15 U.S.C. 78f(b). 12 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4. 5 15 U.S.C. 78f(b)(4).

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with respect to the proposed rule requirements of the Act and the rules SECURITIES AND EXCHANGE change. and regulations thereunder applicable to COMMISSION 6 III. Solicitation of Comments a national securities exchange. In [Release No. 34–54064; File No. SR–CBOE– particular, the Commission finds that 2006–59] Interested persons are invited to the proposed rule change is consistent submit written data, views, and with the requirements of Section 6(b)(4) Self-Regulatory Organizations; arguments concerning the foregoing, of the Act,7 in that, by retroactively Chicago Board Options Exchange, including whether the proposed rule crediting DPMs for certain fees they Incorporated; Notice of Filing of change is consistent with the Act. incur in executing Linkage orders, the Proposed Rule Change to Extend the Comments may be submitted by any of Options Intermarket Linkage Fees Pilot the following methods: proposed rule change should help to ensure the equitable allocation of Program Electronic Comments reasonable dues, fees, and other charges June 28, 2006. • Use the Commission’s Internet among the Exchange’s members. As Pursuant to Section 19(b)(1) of the comment form (http://www.sec.gov/ noted above, the Exchange recently Securities Exchange Act of 1934 rules/sro.shtml); or established the proposed fees on a (‘‘Act’’),1 and Rule 19b-4 thereunder,2 • Send an e-mail to rule- going-forward basis.8 notice is hereby given that on June 15, [email protected]. Please include File The Commission finds good cause, 2006, the Chicago Board Options No. SR–CBOE–2006–54 on the subject pursuant to section 19(b)(2) of the Act,9 Exchange, Incorporated (‘‘CBOE’’ or line. for approving the proposed rule change ‘‘Exchange’’) filed with the Securities Paper Comments prior to the thirtieth day after and Exchange Commission • publication of the notice of filing thereof (‘‘Commission’’) the proposed rule Send paper comments in triplicate change as described in Items I, II, and in the Federal Register. The proposal to Nancy M. Morris, Secretary, III below, which items have been would allow the Exchange to apply the Securities and Exchange Commission, prepared by the Exchange. The 100 F Street, NE., Washington, DC Program retroactively, for 13 additional Commission is publishing this notice to 20549–1090. business days. The Commission did not solicit comments on the proposed rule All submissions should refer to File receive any comments regarding the change from interested persons. Number SR-CBOE–2006–54. This file Previous Filing, and therefore believes number should be included on the that retroactively crediting DPMs for I. Self-Regulatory Organization’s subject line if e-mail is used. To help the certain fees they incur in executing Statement of the Terms of Substance of Commission process and review your Linkage orders would not raise any new the Proposed Rule Change comments more efficiently, please use or novel regulatory issues. The Exchange proposes to amend its only one method. The Commission will Fees Schedule to extend until July 31, post all comments on the Commissions V. Conclusion 2007 the Options Intermarket Linkage Internet Web site (http://www.sec.gov/ It is therefore ordered, pursuant to (‘‘Linkage’’) fee pilot program. The text of the proposed rule change is available rules/sro.shtml). Copies of the Section 19(b)(2) of the Act 10 that the submission, all subsequent at the Commission’s Public Reference proposed rule change (SR–CBOE–2006– amendments, all written statements Room, at the Exchange’s Office of the 54) is approved on an accelerated basis. with respect to the proposed rule Secretary, and at the Exchange’s Web change that are filed with the For the Commission, by the Division of site (http://www.cboe.com). Market Regulation, pursuant to delegated Commission, and all written II. Self-Regulatory Organization’s authority.11 communications relating to the Statement of the Purpose of, and proposed rule change between the J. Lynn Taylor, Statutory Basis for, the Proposed Rule Commission and any person, other than Assistant Secretary. Change those that may be withheld from the [FR Doc. E6–10534 Filed 7–5–06; 8:45 am] public in accordance with the In its filing with the Commission, the BILLING CODE 8010–01–P provisions of 5 U.S.C. 552, will be Exchange included statements available for inspection and copying in concerning the purpose of, and basis for, the Commission’s Public Reference the proposed rule change as amended Room. Copies of such filing also will be and discussed any comments it received available for inspection and copying at on the proposed rule change. The text the principal office of the Exchange. All of these statements may be examined at comments received will be posted the places specified in Item IV below. without change; the Commission does The Exchange has prepared summaries, not edit personal identifying set forth in sections A, B and C below, information from submissions. You of the most significant aspects of such should submit only information that statements. you wish to make available publicly. All A. Self-Regulatory Organization’s submissions should refer to File 6 In approving this proposed rule change, the Statement of the Purpose of, and Number SR–CBOE–2006–54 and should Commission notes that it has considered the Statutory Basis for, the Proposed Rule be submitted by July 27, 2006. proposed rule’s impact on efficiency, competition, Change and capital formation. See U.S.C. 78c(f). IV. Commission Findings and Order 7 1. Purpose Granting Accelerated Approval of a 15 U.S.C. 78f(b)(4). 8 See Securities Exchange Act Release No. 53866, The Exchange’s fees for Principal Proposed Rule Change supra at note 3. (‘‘P’’) and Principal Acting as Agent (‘‘P/ After careful consideration, the 9 15 U.S.C. 78s(b)(2). Commission finds that the proposed 10 Id. 1 15 U.S.C. 78s(b)(1). rule change is consistent with the 11 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b-4.

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A’’) orders 3 are operating under a pilot necessary or appropriate in furtherance proposed rule change between the program scheduled to expire on July 31, of the purposes of the Act. Commission and any person, other than 2006.4 The Exchange proposes to amend those that may be withheld from the C. Self-Regulatory Organization’s its Fees Schedule to extend the pilot public in accordance with the Statement on Comments on the program until July 31, 2007.5 provisions of 5 U.S.C. 552, will be Proposed Rule Change Received From available for inspection and copying in The Exchange assesses its members Members, Participants or Others the following Linkage order transaction the Commission’s Public Reference fees: (i) $.24 per contract for equity, No written comments were solicited Room. Copies of such filing also will be QQQQ and SPDR options; (ii) $.26 per or received by the Exchange with available for inspection and copying at contract for DIA options; (iii) $.35 or respect to this proposed rule change. the principal office of the Exchange. All $.20 per contract, depending on the III. Date of Effectiveness of the comments received will be posted premium, for OEF options and $.45 or Proposed Rule without change; the Commission does $.25 per contract, depending on the not edit personal identifying premium, for other index options; (iv) Within 35 days of the date of information from submissions. You $.30 per contract RAES access fee, if a publication of this notice in the Federal should submit only information that Linkage order is executed in whole or in Register or within such longer period (i) you wish to make available publicly. All part on RAES; and (v) $.10 per contract as the Commission may designate up to submissions should refer to File license fee on transactions in MNX and 90 days of such date if it finds such Number SR–CBOE–2006–59 and should NDX options.6 Satisfaction orders are longer period to be appropriate and be submitted by July 27, 2006. not assessed Exchange fees. publishes its reasons for so finding or (ii) as to which the self-regulatory For the Commission, by the Division of The Exchange believes that extension organization consents, the Commission Market Regulation, pursuant to delegated of the Linkage fee pilot program until authority.9 will: July 31, 2007 will give the Exchange and (A) By order approve such proposed J. Lynn Taylor, the Commission further opportunity to rule change; or Assistant Secretary. evaluate the appropriateness of Linkage (B) Institute proceedings to determine [FR Doc. E6–10535 Filed 7–5–06; 8:45 am] fees. whether the proposed rule change BILLING CODE 8010–01–P 2. Statutory Basis should be disapproved.

The Exchange states that the proposed IV. Solicitation of Comments SECURITIES AND EXCHANGE rule change is consistent with Section Interested persons are invited to COMMISSION 6(b) of the Act 7 in general, and furthers submit written data, views, and the objectives of Section 6(b)(4) of the arguments concerning the foregoing, Act 8 in particular, in that it is designed [Release No. 34–54058; File No. SR–NASD– including whether the proposed rule 2006–073] to provide for the equitable allocation of change is consistent with the Act. reasonable dues, fees, and other charges Comments may be submitted by any of Self-Regulatory Organizations; among CBOE members and other the following methods: National Association of Securities persons using its facilities. Electronic Comments Dealers, Inc.; Notice of Filing of B. Self-Regulatory Organization’s Proposed Rule Change and • Use the Commission’s Internet Statement on Burden on Competition Amendment No. 1 Thereto Relating to comment form (http://www.sec.gov/ the Amendment of NASD Interpretive The Exchange believes that the rules/sro.shtml); or Material 2210–4 To Require Certain • proposed rule change would not impose Send an e-mail to rule- Member Firms To Provide a Hyperlink any burden on competition that is not [email protected]. Please include File to the NASD’s Internet Home Page No. SR–CBOE–2006–59 on the subject 3 Under the Plan for the Purpose of Creating and line. June 28, 2006. Operating an Options Intermarket Linkage (‘‘Plan’’) and CBOE Rule 6.80(12), which tracks the language Paper Comments: Pursuant to Section 19(b)(1) of the of the Plan, a ‘‘Linkage Order’’ means an Immediate • Send paper comments in triplicate Securities Exchange Act of 1934 or Cancel Order routed through the Linkage as 1 2 to Nancy M. Morris, Secretary, (‘‘Act’’), and Rule 19b–4 thereunder, permitted under the Plan. There are three types of notice is hereby given that on June 8, Linkage Orders: (i) A ‘‘P/A Order,’’ which is an Securities and Exchange Commission, order for the principal account of a specialist (or 100 F Street, NE., Washington, DC 2006, the National Association of equivalent entity an another Participant Exchange 20549–1090. Securities Dealers, Inc. (‘‘NASD’’) filed that is authorized to represent Public Customer with the Securities and Exchange orders), reflecting the terms of a related unexecuted All submissions should refer to File Commission (‘‘Commission’’) the Public Customer order for which the specialist is Number SR–CBOE–2006–59. This file proposed rule change as described in acting as agent; (ii) a ‘‘P Order,’’ which is an order number should be included on the for the principal account of an Eligible Market Items I, II, and III below, which Items Maker and is not a P/A Order; and (iii) a subject line if e-mail is used. To help the have been prepared by NASD. On June ‘‘Satisfaction Order,’’ which is an order sent Commission process and review your 26, 2006, NASD filed with the through the Linkage to notify a member of another comments more efficiently, please use Commission Amendment No. 1 to the Participant Exchange of a Trade-Through and to only one method. The Commission will seek satisfaction of the liability arising from that proposed rule change.3 The Commission Trade-Through. post all comments on the Commissions is publishing this notice to solicit 4 See Securities Exchange Act Release No. 52073 Internet Web site (http://www.sec.gov/ comments on the proposed rule change, (July 20, 2005), 70 FR 43474 (July 27, 2005), (SR– rules/sro.shtml). Copies of the as amended, from interested persons. CBOE–2005–54). submission, all subsequent 5 The Exchange also proposes to amend Section amendments, all written statements 21 of the Fees Schedule to change the Linkage fees 9 17 CFR 200.30–3(a)(12). pilot expiration date included in that section. with respect to the proposed rule 1 15 U.S.C. 78s(b)(1). 6 See CBOE Fees Schedule, Footnote 15. change that are filed with the 2 17 CFR 240.19b–4. 7 15 U.S.C. 78f(b). Commission, and all written 3 Amendment No. 1 replaced and superseded the 8 15 U.S.C. 78f(b)(4). communications relating to the original rule filing in its entirety.

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I. Self-Regulatory Organization’s to NASD’s Internet home page, http:// the provisions of Sections 15A(b)(6) of Statement of the Terms of Substance of www.nasd.com. The proposed rule the Act,7 which requires, among other the Proposed Rule Change change also would apply to an Internet things, that NASD rules must be NASD is proposing to amend NASD Web site relating to a firm’s investment designed to prevent fraudulent and Interpretive Material (‘‘IM’’) 2210–4 to banking or securities business that is manipulative acts and practices, to require a member firm or a person maintained by or on behalf of any promote just and equitable principles of associated with a member firm that person associated with the firm.4 The trade, and, in general, to protect refers, on its Internet Web site, to the proposed rule change would require a investors and the public interest. NASD firm’s membership in NASD to provide firm (and persons associated with a firm believes that facilitating investor access a hyperlink to NASD’s Web site. Below where applicable) to provide a to NASD’s Web site will lead to better is the text of the proposed rule change. hyperlink in close proximity to the most educated and informed investors and Proposed new language is in italics. prominent indication of the firm’s help investors understand the membership in NASD.5 However, the significance of NASD membership. * * * * * proposed rule change would not create B. Self-Regulatory Organization’s IM–2210–4. Limitations on Use of an independent obligation requiring a Statement on Burden on Competition NASD’s Name firm (or persons associated with a firm NASD does not believe that the Members may indicate NASD where applicable) to refer to the firm’s NASD membership on an Internet Web proposed rule change will result in any membership in conformity with Article burden on competition that is not XV, Section 2 of the NASD By-Laws in site. The proposed rule change only would apply to the extent that a firm or necessary or appropriate in furtherance one or more of the following ways: of the purposes of the Act. (1) through (2). No change. a person associated with a firm chooses (3) on a member’s internet Web site to represent on its Web site that the firm C. Self-Regulatory Organization’s provided that the member provides a is a member of NASD. Statement on Comments on the hyperlink to NASD’s internet home The proposed rule change is intended Proposed Rule Change Received From page, www.nasd.com, in close proximity to help investors understand the Members, Participants, or Others significance of a firm being an NASD to the member’s most prominent Written comments were neither member and also is designed to indication of NASD membership. A solicited nor received by NASD. member is not required to provide more facilitate access to the information on than one such hyperlink on its Web site. http://www.nasd.com. NASD believes III. Date of Effectiveness of the This provision also shall apply to an that facilitating investor access to Proposed Rule Change and Timing for internet Web site relating to the NASD’s Web site will enhance investor Commission Action member’s investment banking or protection and lead to better educated Within 35 days of the date of securities business maintained by or on and informed investors. The proposed publication of this notice in the Federal behalf of any person associated with a rule change is similar to a rule adopted Register or within such longer period (i) member. by the Securities Investor Protection as the Commission may designate up to * * * * * Corporation (‘‘SIPC’’), which requires 90 days of such date if it finds such (b) Not applicable. that its members provide a live longer period to be appropriate and (c) Not applicable. hyperlink to SIPC’s Web site, http:// publishes its reasons for so finding or www.SIPC.org, when referring to (ii) as to which NASD consents, the II. Self-Regulatory Organization’s membership in SIPC.6 Commission will: Statement of the Purpose of, and NASD will announce the effective (A) By order approve such proposed Statutory Basis for, the Proposed Rule date of the proposed rule change in a rule change, or Change Notice to Members to be published no (B) Institute proceedings to determine In its filing with the Commission, later than 60 days following whether the proposed rule change NASD included statements concerning Commission approval. The effective should be disapproved. the purpose of and basis for the date will be 180 days following IV. Solicitation of Comments proposed rule change and discussed any publication of the Notice to Members comments it received on the proposed announcing Commission approval. Interested persons are invited to submit written data, views and rule change. The text of these statements 2. Statutory Basis may be examined at the places specified arguments concerning the foregoing, in Item IV below. NASD has prepared NASD believes that the proposed rule including whether the proposed rule summaries, set forth in Sections A, B, change, as amended, is consistent with change, as amended, is consistent with and C below, of the most significant the Act. Comments may be submitted by aspects of such statements. 4 This requirement is intended to capture, among any of the following methods: other things, situations where a person associated A. Self-Regulatory Organization’s with an NASD member firm maintains its own Electronic Comments Internet Web site or ‘‘home page’’ that relates to a • Statement of the Purpose of, and member’s investment banking or securities Use the Commission’s Internet Statutory Basis for, the Proposed Rule business. For example, NASD understands that comment form (http://www.sec.gov/ Change independent contractors or their firms sometimes rules/sro.shtml); or maintain a separate home page for each • 1. Purpose Send an e-mail to rule- independent contractor for marketing purposes. [email protected]. Please include File Currently, many broker-dealers refer 5 While a member would be free to provide hyperlinks relating to subsequent or additional Number SR–NASD–2006–073 on the to their membership in NASD on their references to NASD on its Web site, it would not subject line. internet Web sites, often in a description be required to provide more than one hyperlink. In of the firm or in an ‘‘about us’’ section. addition, a member would be permitted to make the Paper Comments The proposed rule change would word NASD itself a live hyperlink or to provide a • Send paper comments in triplicate separate hyperlink to NASD’s home page so long as require a firm, when referencing it is in ‘‘close proximity’’ to the member’s most to Nancy M. Morris, Secretary, membership in NASD on its Web site, prominent indication of its NASD membership. to include an accompanying hyperlink 6 See Article 11, Section 4 of SIPC Bylaws. 7 15 U.S.C. 78o–3(b)(6).

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Securities and Exchange Commission, Securities and Exchange Commission Minimum 100 F Street, NE., Washington, DC (‘‘Commission’’), pursuant to Section Theoretical price amount 20549–1090. 19(b)(1) of the Securities Exchange Act Below $2 ...... $.25 All submissions should refer to File of 1934 (‘‘Act’’) 1 and Rule 19b–4 2 $2 to $5 ...... 40 Number SR–NASD–2006–073. This file thereunder, a proposed rule change to Above $5 to $10 ...... 50 number should be included on the amend Phlx Rule 1092 with respect to: Above $10 to $20 ...... 80 subject line if e-mail is used. To help the (1) the definition of ‘‘obvious error’’ and Above $20 ...... 1.00 Commission process and review your (2) the definition of ‘‘Theoretical Price.’’ comments more efficiently, please use On November 18, 2005, the Phlx The Exchange believes that the only one method. The Commission will submitted Amendment No. 1 to the proposed new definition of ‘‘obvious post all comments on the Commission’s proposed rule change.3 On April 6, error’’ would facilitate the efficient Internet Web site (http://www.sec.gov/ 2006, the Phlx submitted Amendment determination by Floor Officials rules/sro.shtml). Copies of the No. 2 to the proposed rule change.4 The regarding whether a trade resulted from submission, all subsequent proposed rule change and Amendment an obvious error by setting minimum amendments, all written statements Nos. 1 and 2 were published for amounts by which the transaction price with respect to the proposed rule comment in the Federal Register on differs from the Theoretical Price change that are filed with the May 15, 2006.5 The Commission without requiring such Floor Officials to Commission, and all written received no comments on the proposal. conduct an inquiry into the volume of communications relating to the This order approves the proposed rule all exchanges each time they review a proposed rule change between the change, as amended. transaction under the rule. The Commission and any person, other than proposed definition of ‘‘obvious error’’ those that may be withheld from the II. Description of the Proposed Rule would apply during both normal and public in accordance with the provision Change unusual market conditions, which in the Exchange’s view would further of 5 U.S.C. 552, will be available for The Phlx proposes to amend its inspection and copying in the streamline the Floor Officials’ process of Obvious Error Rule, Phlx Rule 1092. determining whether an obvious error Commission’s Public Reference Room. Currently, Phlx Rule 1092(a) defines Copies of such filing also will be exists.6 ‘‘obvious error’’ as the execution price Phlx Rule 1092(b) defines available for inspection and copying at of a transaction that is higher or lower the principal office of NASD. All ‘‘Theoretical Price’’ as the last bid or than the Theoretical Price (if the offer, just prior to the transaction, on the comments received will be posted Theoretical Price is less than $3.00) for without change; the Commission does exchange that has the most total volume the series by an amount of 35 cents or in that option over the most recent 60 not edit personal identifying more, or, during unusual market information from submissions. You calendar days; or, if there are no quotes conditions (i.e., the Exchange has for comparison purposes, as determined should submit only information that declared an unusual market condition you wish to make available publicly. All by two Floor Officials and designated status for the option in question), by an personnel in the Exchange’s Market submission should refer to File Number amount of 50 cents or more. Where the SR–NASD–2006–073 and should be Surveillance Department. The proposed Theoretical Price is $3.00 or more, rule change would revise the definition submitted on or before July 27, 2006. ‘‘obvious error’’ is defined as the of ‘‘Theoretical Price’’ as, respecting For the Commission, by the Division of execution price of a transaction that is series traded on at least one other Market Regulation, pursuant to delegated higher or lower than the Theoretical options exchange, the mid-point of the 8 authority. Price for the series by an amount equal National Best Bid and Offer (‘‘NBBO’’) J. Lynn Taylor, to at least two times the allowable just prior to the transaction. Assistant Secretary. maximum bid/ask spread for the series, According to the Exchange, currently [FR Doc. E6–10531 Filed 7–5–06; 8:45 am] so long as the amount is 50 cents or all options exchanges, including the BILLING CODE 8010–01–P more, and three times the allowable bid/ Phlx, have rules permitting specialists ask spread during unusual market and market makers to disseminate conditions. electronic quotations with a bid/ask SECURITIES AND EXCHANGE differential of up to $5.00, regardless of The proposed rule change would COMMISSION the price of the bid.7 For the most part, revise the definition of ‘‘obvious error’’ the Phlx believes that such quotations [Release No. 34–54070; File No. SR–Phlx– by deeming an ‘‘obvious error’’ to have 2005–73)] do not reflect the NBBO. Under current occurred when the execution price of a Phlx Rule 1092, the Theoretical Price, transaction is higher or lower than the defined as the last bid or offer just prior Self-Regulatory Organizations; Theoretical Price for a series by an Philadelphia Stock Exchange, Inc.; to the transaction on the market with amount equal to at least the amount the highest volume, could differ from Order Granting Approval of a shown below: Proposed Rule Change and the NBBO by a significant amount if the Amendment Nos. 1 and 2 Thereto bid/ask differential on such market in 1 15 U.S.C. 78s(b)(1). the series is $5.00 wide. To account for Relating to the Exchange’s Obvious 2 17 CFR 240.19b–4. this potential discrepancy between the Error Rule 3 Amendment No. 1 corrected technical errors in the proposed rule text. Theoretical Price as established by rule June 29, 2006. 4 Amendment No. 2 deleted the proposed I. Introduction revisions to Phlx Rule 1092(c) that related to an 6 The Commission recently approved the erroneous print disseminated by the underlying Exchange’s proposal to establish the position of On November 14, 2005, the market that is later cancelled or corrected by the neutral Referee who, among other things, would Philadelphia Stock Exchange, Inc. underlying market and an erroneous quote in the review Floor Officials’ obvious error rulings. See underlying market. Thus, the Exchange does not Securities Exchange Act Release No. 53548 (March (‘‘Phlx’’ or ‘‘Exchange’’) filed with the propose to make any changes to Phlx Rule 1092(c). 24, 2006), 71 FR 16389 (March 31, 2006) (SR–Phlx– 5 Securities Exchange Act Release No. 53776 (May 2005–42). 8 17 CFR 200.30–3(a)(12). 9, 2006). 7 See, e.g., Exchange Rule 1014(c)(i)(A)(2).

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and the actual NBBO, the proposal that the Phlx’s obvious error rule is role as an accrediting entity, the would revise the definition of the term consistent with the Options Intermarket Colorado Department of Human ‘‘Theoretical Price’’ to mean the mid- Linkage Plan, which requires exchanges Services will be accrediting or point of the NBBO just prior to the to avoid trade-throughs. Accordingly, approving qualified adoption service transaction. The Exchange believes that the Commission finds that the providers located in and licensed by the this new definition should provide Exchange’s proposal is consistent with State of Colorado to enable them to Exchange Floor Officials with a more the Act. provide adoption services in cases accurate measure of the price on which IV. Conclusion subject to the Convention once the to base their determination that a Convention enters into force for the transaction resulted from an obvious It is therefore ordered, pursuant to United States. As the U.S. Central error. The Exchange also proposes to Section 19(b)(2) of the Act,12 that the Authority for the Convention, the delete Commentary .02 to Phlx Rule proposed rule change (SR–Phlx–2005– Department will monitor the 1092 from the Rule.8 This Commentary 73), as amended, is approved. performance of the Colorado sets forth how Theoretical Price would For the Commission, by the Division of Department of Human Services and be determined under current Phlx Rule Market Regulation, pursuant to delegated approve fees charged by it as an 1092(c). authority.13 accrediting entity. The text of the III. Discussion Nancy M. Morris, Memorandum of Agreement, signed on June 29, 2006 by Maura Harty, Assistant The Commission finds that the Secretary. Secretary for Consular Affairs, U.S. proposed rule change is consistent with [FR Doc. E6–10532 Filed 7–5–06; 8:45 am] Department of State and signed on June the requirements of the Act and the BILLING CODE 8010–01–P 13, 2006 by Marva Livingston rules and regulations thereunder Hammons, Executive Director, applicable to a national securities exchange 9 and, in particular, the DEPARTMENT OF STATE Department of Human Services, State of Colorado, is included at the end of this requirements of Section 6(b) of the [Public Notice: 5462] Act 10 and the rules and regulations Notice. Also included at the end of the Memorandum of Agreement is its thereunder. Specifically, the Memorandum of Agreement Between Commission finds that the proposal is Attachment 1, Colorado Revised the U.S. Department of State and the Statutes § 26–6–104(6.5). consistent with Section 6(b)(5) of the Colorado Department of Human Act,11 in that the proposal promotes just Services Regarding Performance of FOR FURTHER INFORMATION CONTACT: and equitable principles of trade, Duties as an Accrediting Entity Under Mikiko Stebbing at 202–736–9086. removes impediments to and perfects the Intercountry Adoption Act of 2000 Hearing or speech-impaired persons the mechanism of a free and open may use the Telecommunications market and a national market system, AGENCY: Department of State. Devices for the Deaf (TDD) by contacting and protects investors and the public ACTION: Notice. the Federal Information Relay Service at interest. 1–800–877–8339. The Commission considers that in SUMMARY: The Department of State (the most circumstances trades that are Department) is the lead Federal agency SUPPLEMENTARY INFORMATION: The executed between parties should be for implementation of the 1993 Hague Department, pursuant to section 202(a) honored. On rare occasions, the price of Convention on Protection of Children of the IAA, must enter into an the executed trade indicates an and Co-operation in Respect of agreement with at least one qualified ‘‘obvious error’’ may exist, suggesting Intercountry Adoption (the Convention) entity and designate it as an accrediting that it is unrealistic to expect that the and the Intercountry Adoption Act of entity. Accrediting entities may be (1) parties to the trade had come to a 2000 (IAA). Among other things, the nonprofit private entities with expertise meeting of the minds regarding the IAA gives the Secretary of State in developing and administering terms of the transaction. In the responsibility for the accreditation of standards for entities providing child Commission’s view, the determination agencies and approval of persons to welfare services; or (2) State adoption of whether an ‘‘obvious error’’ has provide adoption services under the licensing bodies that have expertise in occurred should be based on specific Convention. The IAA requires the developing and administering standards and objective criteria and subject to Department to enter into agreements for entities providing child welfare specific and objective procedures. The with one or more qualified entities services and that accredit only agencies Phlx’s proposal would provide specific under which such entities will perform located in that State. Colorado’s and objective numerical criteria to be the tasks of accrediting agencies and Department of Human Services is a used by Floor Officials to determine approving persons, monitoring State adoption licensing body with whether a particular transaction compliance of such agencies and expertise in developing and involved an obvious error. In addition, persons with applicable requirements, administering standards for entities the Exchange’s proposal to base the and other related duties set forth in providing child welfare services and definition of Theoretical Price on the section 202(b) of the IAA. This notice is only accredits agencies located in the midpoint of the NBBO would ensure to inform the public that on June 29, State of Colorado. The final rule on 2006, the Department exercised its accreditation of agencies and approval 8 Phlx Rule 1092(b) would retain the provision authority under the IAA and entered of persons (22 CFR Part 96) was that if there are no quotes for comparison purposes, published in the Federal Register (71 two Floor Officials and designated personnel in the into an agreement with the Colorado Exchange’s Market Surveillance Department would Department of Human Services under FR 8064–8066, February 15, 2006) and determine Theoretical Price. which the Department designated the became effective on March 17, 2006. 9 In approving this proposal, the Commission has Colorado Department of Human The final rule establishes the regulatory considered the proposed rule’s impact on framework for the accreditation and efficiency, competition, and capital formation. 15 Services as an accrediting entity. In its U.S.C. 78c(f). approval function and provides the 10 15 U.S.C. 78f(b). 12 15 U.S.C. 78f(b)(2). standards that the designated 11 15 U.S.C. 78f(b)(5). 13 17 CFR 200.30–3(a)(12). accrediting entities will follow in

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accrediting or approving adoption 22 CFR 96.7(a) and to perform its (g) Take adverse actions against service providers. functions in accordance with the accredited agencies, temporarily Convention, the IAA, Part 96 of 22 CFR accredited agencies, and approved Memorandum of Agreement Between and any other applicable regulations, persons in accordance with subparts K the U.S. Department of State, Bureau of and as additionally specified in this and N of 22 CFR Part 96, and cooperate Consular Affairs and the Colorado agreement. In performing these with the Department in any case in Department of Human Services functions, Colorado will operate under which the Department considers Parties & Purpose of the Agreement policy direction from the Department exercising its adverse action authorities The Department of State, Bureau of regarding U.S. obligations under the because the accrediting entity has failed Consular Affairs (Department) and the Convention and regarding the functions or refused after consultation with the Colorado Department of Human and responsibilities of an accrediting Department to take what the Department Services (Colorado), with its principal entity. considers to be appropriate enforcement office located at 1575 Sherman Street, (2) Colorado will take appropriate action; Denver, CO 80203–1714, hereinafter the staffing, funding, and other measures to (h) Assume full responsibility for ‘‘Parties’’, are entering into this allow it to carry out all of its functions defending adverse actions in court agreement for the purpose of and fulfill all of its responsibilities, and proceedings, if challenged by the designating Colorado as an accrediting will use the Adoptions Tracking System adoption service provider or the entity under the Intercountry Adoption and the Hague complaint registry (ATS/ adoption service provider’s board or Act of 2000 (IAA), Public Law 106–279 HCR) as directed by the Department, officers; and 22 CFR Part 96. including by updating required data (i) Refer an adoption service provider fields in a timely fashion. to the Department for debarment if, but Authorities (3) In carrying out its accrediting only if, it concludes after investigation The Department enters into this entity functions Colorado will: that the adoption service provider’s agreement pursuant to Sections 202 and (a) Prepare to accept applications by conduct meets the standards for action 204 of the IAA, 22 CFR Part 96, and the TAD by expending its own funds by the Secretary set out in 22 CFR 96.85; Delegation of Authority 261. Colorado and other resources for materials (j) Promptly report any change in the has full authority to enter into this MOA development, staff training, travel and accreditation (including temporary pursuant to Colorado Revised Statutes meeting attendance in advance of accreditation) or approval status of an § 26–6–104(6.5), a copy of which is receiving any fees for its services as an adoption service provider to the attached hereto as Attachment 1. The accrediting entity; relevant state licensing authority. Executive Director of the Colorado (b) Make decisions on accreditation (k) Maintain and use only the Department of Human Services is and approval in accordance with the required procedures approved by the authorized to sign on Colorado’s behalf. procedures set forth in 22 CFR Part 96 Department and those procedures presented to the Department pursuant to Definitions and using only the standards in subpart F of 22 CFR Part 96 and the substantial Article 3 of this agreement whenever For purposes of this memorandum of compliance weighting system approved they apply. agreement, terms used here that are by the Department pursuant to Article 3, Article 3—Preparatory Tasks defined in 22 CFR 96.2 shall have the paragraph 5, below; same meaning as they have in 22 CFR (c) Make decisions on temporary (Tasks Preceding the Transitional 96.2. In addition, the terms ‘‘transitional accreditation in accordance with the Application Deadline) application deadline’’ (TAD) and procedures and standards in subpart N ‘‘deadline for initial accreditation or (1) Accreditation Materials and of 22 CFR Part 96 and the procedures approval’’ (DIAA) shall have the Training: In coordination with any other presented to the Department pursuant to meaning given them in 22 CFR 96.19 designated accrediting entities, by a date Article 3, paragraph 3, subsection (a), and ‘‘uniform notification date’’ (UND) agreed upon by the Parties, Colorado below; shall have the meaning given it in 22 will: (d) Charge applicants for CFR 96.58. (a) Develop forms, training materials, The Parties agree as follows: accreditation, approval, or temporary and evaluation practices; accreditation only fees approved by the (b) Determine whether joint training Article 1—Designation and Jurisdiction Department pursuant to Article 3, of evaluators or other personnel is of the Accrediting Entity paragraph 4 below; practical, and, if so, assist in conducting The Department hereby designates (e) Consistent with 22 CFR 96.19 and or participate in any joint training Colorado as an accrediting entity and 96.97, use its best efforts to evaluate and sessions; thereby authorizes it to accredit decide by the DIAA all applications for (c) Develop explanatory guidance to (including temporarily accredit) accreditation, temporary accreditation, assist applicants for accreditation, agencies and approve persons that are or approval that were submitted by the temporary accreditation, and approval located in Colorado and that are TAD; in achieving substantial compliance licensed as a child placement agency in (f) Review complaints, including with the applicable standards. the State of Colorado, in accordance complaints regarding conduct alleged to (2) Development of Internal Review with the procedures and standards set have occurred abroad, in accordance Procedure: Colorado will develop and forth in 22 CFR Part 96, and to perform with subpart J of 22 CFR Part 96 and the present to the Department for approval, all of the accrediting entity functions set additional procedures approved by the by a date agreed upon by the Parties, forth in 22 CFR 96.7. Department pursuant to Article 3, procedures that it will maintain and use paragraph 3, subsections (c) and (d) to determine whether to terminate Article 2—Accreditation below. Colorado will exercise its adverse actions against an accredited Responsibilities and Duties of the discretion in determining which agency or approved person on the Accrediting Entity methods are most appropriate to review grounds that the deficiencies (1) Colorado agrees to perform all complaints regarding conduct alleged to necessitating the adverse action have accrediting entity functions set forth in have occurred abroad. been corrected.

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(3) Development of Other Procedures: consistency between the systems used ATS/HCR and to any secure access Colorado will develop and present to by accrediting entities. These systems tokens or passwords. the Department, by a date agreed upon can be amended with the approval of (2) Annual Report: Colorado will by the Parties, procedures that it will the Department. report on dates agreed upon by the maintain and use: Parties, in the format specified by the Article 4—Initial Accreditation (a) To evaluate whether a candidate Department, the information required in (Including Temporary Accreditation) for temporary accreditation meets the 22 CFR 96.93 as provided in that section and Approval Tasks applicable eligibility requirements set through ATS/HCR. forth in 22 CFR 96.96; (1) The Department will consult with (3) Additional Reporting: Colorado (b) To carry out its annual monitoring Colorado and all other accrediting will provide any additional status duties; entities before establishing the reports or data as required by the (c) To review thoroughly complaints transitional application deadline (TAD), Department, and in the format required or information referred to it through the the uniform notification date (UND), by the Department. Hague Complaint Registry or from the and the deadline for initial accreditation (4) Accrediting Entity Records: Department directly, including or approval (DIAA). Colorado will retain all records related procedures for obtaining complete and (2) Within an agreed number of days to its accreditation functions and accurate information about conduct following the TAD, Colorado will make responsibilities for a minimum of six alleged to have occurred abroad; public the names and addresses of years after their creation, or until any (d) To review complaints that it agencies and persons that have applied litigation, claim or audit related to the receives about its own actions as an to be accredited (including temporarily records filed or noticed within the six accrediting entity for Hague adoption accredited) or approved, provide a year period is finally terminated, service providers; mechanism for the public to comment whichever is longer. (e) To make the public disclosures on applicants, and consider comments required by 22 CFR 96.91; and received from the public in its decisions Article 6—Department Oversight and (f) To ensure the reasonableness of on applicants. With respect to Monitoring charges for the travel and maintenance additional applications received prior to (1) Accrediting Entity Obligations: To of its site evaluators, such as for travel, entry into force of the Convention, facilitate oversight and monitoring by meals and accommodations. Colorado will make the names of such the Department, Colorado will: (4) Fee Schedule Development: applicants public within an agreed (a) Colorado will develop a fee (a) Provide copies of its forms and number of days following receipt. schedule for accreditation, temporary other materials to the Department and Colorado will consider any public accreditation, and approval services that give Department personnel the comments in its decisions on the meets the requirements of 22 CFR 96.8. opportunity to participate in any additional applicants. Fees will be set based on the principle training sessions for its evaluators or (3) In conformity with 22 CFR 96.58, of recovering no more than the full cost, other personnel; Colorado will not release its as defined in OMB Circular A–25 (b) Allow the Department to inspect accreditation (including temporary paragraph 6(d)(1), of accreditation, all records relating to its accreditation accreditation) and approval decisions temporary accreditation, and approval functions and responsibilities and prior to the UND. services. Colorado will submit a fee provide to the Department copies of schedule developed using this Colorado will prepare the list of such records as requested or required methodology together with decisions to be announced on the UND for oversight, including to evaluate comprehensive documentation and transmit the information as directed renewal or maintenance of the justifying the proposed fees to the by the Department. Colorado will accrediting entity’s designation, and for Department for approval by a date immediately notify the Department of purposes of transferring adoption agreed upon by the Parties. any corrections, so that the Department service providers to another accrediting (b) The approved fee schedule can be may rely upon this list in compiling the entity; amended with the approval of the list of initially accredited and approved (c) Submit to the Department by a Department. adoption service providers that it will date agreed upon by the Parties an (5) Substantial Compliance Weighting deposit with the Permanent Bureau of annual declaration signed by the Systems Development: the Hague Conference on Private Licensing Administrator confirming that (a) Colorado will develop a International Law. Colorado is complying with the IAA, 22 CFR Part 96, any other applicable substantial compliance weighting Article 5—Data Collection, Reporting regulations, and this agreement in system as described in 22 CFR 96.27, and Records and will submit it to the Department for carrying out its functions and approval by a date agreed upon by the (1) Adoptions Tracking System/Hague responsibilities; Parties. Complaint Registry (ATS/HCR): (d) Make appropriate senior-level (b) Colorado will develop a separate (a) Colorado will maintain and fund a officials available to attend a yearly substantial compliance weighting computer and internet connection for performance review meeting with the system to be used in evaluating use with the ATS/HCR that meets Department; temporarily accredited agencies that system requirements set by the (e) Immediately report to the incorporates the performance standards Department; Department events which have a in 22 CFR 96.104 and will submit it to (b) The Department will provide significant impact on its ability to the Department for approval by a date software or access tokens needed by perform its functions and agreed upon by the Parties. individuals for secure access to the responsibilities as an accrediting entity, (c) In developing the systems ATS/HCR and facilitate any necessary including financial difficulties, changes described in paragraphs (a) and (b) of training in use of the ATS/HCR; in key personnel or other staffing issues, this section, Colorado will coordinate (c) Colorado will ensure that only State legislative or regulatory changes; with any other accrediting entities, and individuals that the Department has legal or disciplinary actions against consult with the Department to ensure approved for access have access to the Colorado and conflicts of interest;

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(f) Notify the Department of any including by transferring a reasonable respective principal points of contact requests for information that it receives allocation of collected fees for the are as set forth in Attachment 2. from Central Authorities of other Hague remainder of the accreditation or Article 9—Certifications and signatories, or any other foreign approval period of such adoption Assurances government authorities (except for service providers. routine requests concerning (4) Complaint Procedures: By a date (1) Colorado certifies that it will accreditation, temporary accreditation, agreed upon by the Parties, the Parties comply with all requirements of or approval status or other information will agree upon procedures for handling applicable State and Federal law. publicly available under subpart M of complaints against the accrediting entity (2) Colorado certifies that it satisfies Part 96), and consult with the received by the Department or referred all of the accrediting entity performance Department before releasing to the Department because the criteria set forth in 22 CFR 96.6 and information; complainant was not satisfied with the agrees to continue to do so throughout (g) Consult immediately with the accrediting entity’s resolution of the the duration of its designation. Department about any issue or event complaint. These complaint procedures (3) Colorado agrees to indemnify the that may affect compliance with the IAA may be incorporated into the Department and any persons acting on or U.S. compliance with obligations Department’s general procedures for its behalf and to hold them harmless under the Convention. handling instances in which the from any claim, loss or other liability (2) Departmental Approval Department is considering whether a that is caused by Colorado’s fault or Procedures: In all instances in which deficiency in the accrediting entity’s negligence in connection with the Department must approve a policy, performance may warrant suspension or performing duties under this system, fee schedule, or procedure cancellation of its designation. Agreement. Any negligence or alleged before Colorado can bring it into effect negligence by the Department or or amend it, Colorado will submit the Article 7—Other Issues Agreed by the persons acting on its behalf shall not policy, system, fee schedule, or Parties preclude a claim for indemnification. procedure or amendment in writing to (1) Conflict of interest: Colorado shall Article 10—Agreement, Scope, and the Department’s AE Liaison via email disclose to the Department the name of Period of Performance where possible. The AE Liaison will be any organization of which it is a responsible for coordinating the member that also has as members (1) Scope: Department’s approval process and intercountry adoption service providers. (a) This agreement is not intended to arranging any necessary meetings or Colorado shall demonstrate to the have any effect on any activities of telephone conferences with Colorado. Department that it has procedures in Colorado that are not related to its Formal approval by the Department will place to prevent any such membership functions as an accrediting entity for be conveyed in writing by the Deputy from influencing its actions as an adoption service providers providing Assistant Secretary for Overseas accrediting entity and shall maintain adoption services in intercountry Citizens Services or her or his designee. and use these procedures. adoptions under the Hague Convention. (3) Suspension or Cancellation: When (2) Liability: Colorado agrees to (b) Nothing in this agreement shall be the Department is considering maintain sufficient resources to defend deemed to be a commitment or suspension or cancellation of Colorado’s challenges to its actions as an obligation to provide any Federal funds. designation: accrediting entity, and to inform the The Department, consistent with the (a) The Department will notify Department immediately of any events IAA, may not provide any funds to the Colorado in writing of the identified that may affect its ability to defend accrediting entity for the performance of deficiencies in its performance and the itself. Colorado agrees that it will accreditation and approval functions. time period in which the Department consult with the Department (c) All accrediting entity functions expects correction of the deficiencies; immediately if it becomes aware of any and responsibilities authorized by this (b) Colorado will respond in writing legal proceedings related to its acts as an agreement are to occur only during the to either explain the actions that it has accrediting entity, or of any legal duration of this agreement. taken or plans to take to correct the proceedings not related to its acts as an (d) Nothing in this agreement shall deficiencies or to demonstrate that the accrediting entity that may threaten its release Colorado from any legal Department’s concerns are unfounded ability to continue to function as an requirements or responsibilities within 10 business days; accrediting entity. imposed on the accrediting entity by the (c) Upon request, the Department will IAA, 22 CFR Part 96, or any other also meet with the accrediting entity by Article 8—Liaison Between the applicable laws or regulations. teleconference or in person; Department and the Accrediting Entity (2) Duration: Colorado’s designation (d) If the Department, in its sole (1) Colorado’s principal point of as an accrediting entity and this discretion, is not satisfied with the contact for communications relating to agreement shall remain in effect for five actions or explanation of Colorado, it its functions and duties as an years from signature, unless terminated will notify Colorado in writing of its accrediting entity will be the Licensing earlier by the Department in decision to suspend or cancel Administrator in the Department of conjunction with the suspension or Colorado’s designation and this Human Services. The Department’s cancellation of the designation of agreement; principal point of contact for Colorado. The Parties may mutually (e) Colorado will stop or suspend its communication is the Accrediting agree in writing to extend the actions as an accrediting entity as Entity Liaison officer in the Office of designation of the accrediting entity and directed by the Department in the notice Children’s Issues, Bureau of Consular the duration of this agreement. If either of suspension or cancellation, and Affairs, U.S. Department of State. Party does not wish to renew the cooperate with any Departmental (2) The parties will keep each other agreement, it must provide written instructions in order to transfer currently informed in writing of the notice no less than one year prior to the adoption service providers it accredits names and contact information for their termination date, and the Parties will (including temporarily accredits) or principal points of contact. As of the consult to establish a mutually agreed approves to another accrediting entity, signing of this Agreement, the schedule to transfer adoption service

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providers to another accrediting entity, Daniel S. Sullivan and Committee meetings and a national Webcast to be including by transferring a reasonable Chairman R. Michael Gadbaw. The held in July and August 2006 allocation of collected fees for the ACIEP serves the U.S. Government in a concerning a Notice of Proposed remainder of the accreditation or solely advisory capacity concerning Rulemaking (NPRM) on Statewide and approval period of such adoption issues and problems in international Metropolitan Planning Requirements. service providers. economic policy. Items on the agenda Presentations delivered at these (3) Severability: To the extent that the for this meeting include: (1) meetings will describe the provisions of Department determines, within its International Energy Issues and (2) the NPRM jointly issued by the Federal reasonable discretion, that any Intellectual Property Rights Transit Administration (FTA) and provision of this agreement is Enforcement. Federal Highway Administration inconsistent with the Convention, the This meeting is open to the public as (FHWA) on June 9, 2006 to provide IAA, the regulations implementing the seating capacity allows. Entry to the guidance on implementing the planning IAA or any other provision of law, that building is controlled; to obtain pre- provisions of Safe, Accountable, provision of the agreement shall be clearance for entry, members of the Flexible, Efficient Transportation Equity considered null and void and the public planning to attend should Act: A Legacy for Users (SAFETEA–LU), remainder of the agreement shall provide, by July 20, 2006, their name, the Federal surface transportation law. continue in full force and effect as if the professional affiliation, valid DATES: See SUPPLEMENTARY INFORMATION offending portion had not been a part of government-issued ID number (i.e., U.S. section for meeting dates. government ID (agency), U.S. military ID it. ADDRESSES: See SUPPLEMENTARY (branch), passport (country), or drivers (4) Entirety of Agreement: This INFORMATION section for meeting license (state)), date of birth, and agreement is the entire agreement of the locations. Parties and may be modified only upon citizenship to La Keisha Barner by fax FOR FURTHER INFORMATION CONTACT: written agreement of the Parties. (202) 647–5936, e-mail For ([email protected]), or telephone FTA, Effie S. Stallsmith, Office of Attachment 1—Colorado Revised Statutes: (202) 647–0847. One of the following Planning and Environment, at Title 26 Human Services Code: Article 6 forms of valid photo identification will [email protected] or 202–366– Child Care Centers: Part 1 Child Care 5653, or Christopher Van Wyk, Office of Licensing be required for admission to the State Department building: U.S. driver’s Chief Counsel, 202–366–1733. For 26–6–104. Licenses—Out-of-State Notices license, passport, or U.S. Government FHWA, Robert Ritter, Office of and Consent identification card. Enter the Planning, 202–493–2139. Both agencies (6.5) On and after July 1, 2005, and subject Department of State from the C Street are located at 400 Seventh Street, SW., to designation as a qualified accrediting lobby. In view of escorting Washington, DC 20590. Office hours for entity as required by the ‘‘Intercountry requirements, non-Government FTA are from 9 a.m. to 5:30 p.m., Adoption Act of 2000’’, 42 U.S.C. 14901 et attendees should plan to arrive not less Monday through Friday, except Federal seq., the state department may license and than 15 minutes before the meeting holidays. Office hours for FHWA are accredit a child placement agency for from 7:45 a.m. to 4:15 p.m. e.t., Monday purposes of providing adoption services for begins. convention adoptions pursuant to the For additional information, contact through Friday, except Federal holidays. ‘‘Intercountry Adoption Act of 2000’’, 42 David Freudenwald, Office of Economic SUPPLEMENTARY INFORMATION: The U.S.C. 14901 et seq. The state board of Policy and Public Diplomacy, Bureau of meetings listed below will provide a human services may adopt rules consistent Economic and Business Affairs, at (202) forum for FTA and FHWA staffs to make with federal law governing the procedures for 647–2231 or [email protected]. oral presentations on the Notice of adverse actions regarding accreditation, Dated: June 29, 2006. Proposed Rulemaking (NPRM) for which procedures may vary from the Statewide and Metropolitan Planning. procedures set forth in the ‘‘State Laura Faux-Gable, Administrative Procedure Act’’, article 4 of Office Director, Office of Economic Policy Additionally, the sessions are intended title 24, C.R.S. Analysis and Public Diplomacy, Department to encourage interested parties and of State. stakeholders to submit their comments Dated: June 29, 2006. [FR Doc. E6–10553 Filed 7–5–06; 8:45 am] directly to the official docket by the Maura Harty, BILLING CODE 4710–07–P close of the public comment period on Assistant Secretary, Bureau of Consular September 7, 2006, per the instructions Affairs, Department of State. found in the NPRM at 71 FR 33510 [FR Doc. E6–10573 Filed 7–5–06; 8:45 am] DEPARTMENT OF TRANSPORTATION (June 9, 2006). BILLING CODE 4710–06–P I. Meetings Federal Transit Administration The following are the 2006 Statewide DEPARTMENT OF STATE Federal Highway Administration and Metropolitan Planning NPRM [Public Notice 5454] public outreach session meeting dates [Docket Number FHWA–2005–22986] and addresses: 1. Wednesday, July 19, 2006, 1 p.m. Advisory Committee on International Notice of Public Meetings on Notice of to 4 p.m. eastern standard time, Atlanta, Economic Policy; Notice of Open Proposed Rulemaking (NPRM) for GA—Sam Nunn Atlanta Federal Center Meeting Statewide and Metropolitan Planning (auditorium), 61 Forsyth Street, SW., Requirements The Advisory Committee on Atlanta, GA 30303. International Economic Policy (ACIEP) AGENCIES: Federal Transit 2. Friday, July 21, 2006, 9 a.m. to 12 will meet from 1:30 p.m. to 4:30 p.m. on Administration (FTA), Federal Highway p.m. eastern standard time, New York, Monday, July 24, 2006, in Room 1107, Administration (FHWA), DOT. NY—Alexander Hamilton U.S. Custom U.S. Department of State, 2201 C Street, ACTION: Notice. House (auditorium), One Bowling NW., Washington, DC. The meeting will Green, New York City, NY 10004. be hosted by Assistant Secretary of State SUMMARY: This notice announces the 3. Monday, July 24, 2006, 1 p.m. to 4 for Economic and Business Affairs dates, times, and locations of six public p.m. central standard time, Kansas City,

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MO—Radisson Hotel and Suites Kansas Proper identification is required to DEPARTMENT OF TRANSPORTATION City-City Center, 1301 Wyandotte, access to following four meetings: Federal Motor Carrier Safety Kansas City, MO 64105. 1. Atlanta—Sam Nunn Atlanta Administration 4. Tuesday, August 1, 2006, 9 a.m. to Federal Center (auditorium), 61 Forsyth 12 p.m. Pacific standard time, San Street, SW., Atlanta, GA 30303. Francisco, CA—Metropolitan Sunshine Act Meetings; Unified Carrier Transportation Commission Building 2. New York—Alexander Hamilton Registration Plan Board of Directors U.S. Custom House (auditorium), One (auditorium), MetroCenter, 101 Eighth Pursuant to the Government in the Bowling Green, New York City, NY Street, Oakland, CA 94607. Sunshine Act (Pub. L. 94–409) (5 U.S.C. 5. Monday, August 7, 2006, 1 p.m. to 10004. 552b). 4 p.m. central standard time, Chicago, 3. San Francisco—Metropolitan AGENCY: Federal Motor Carrier Safety IL—Harold Washington Library Center Transportation Commission Building Administration (FMCSA), DOT. (Multipurpose Room–B), 400 South (auditorium), MetroCenter, 101 Eighth TIMES AND DATES: July 13, 2006, 1 p.m. State Street, Chicago, Illinois 60605. Street, Oakland, CA 94607. to 5 p.m., and July 14, 2006, 8 a.m. to 6. Wednesday, August 9, 2006, 1 p.m. 4. Cambridge—John A. Volpe 12 p.m. to 4 p.m. eastern standard time, National Transportation Systems Center PLACE: Hilton Chicago O’Hare Airport, Cambridge, MA—John A. Volpe (auditorium), 55 Broadway, Cambridge, National Transportation Systems Center O’Hare International Airport, Chicago, MA 02142. (auditorium), 55 Broadway, Cambridge, IL 60666. MA 02142. Security measures may also include STATUS: Open to the public. inspection of vehicles, inside and out, at MATTERS TO BE CONSIDERED: An II. Presentations and Comment Format the entrance to the grounds. In addition, overview of the Unified Carrier Generally, there will be at least two persons entering Federal buildings must Registration Plan and Agreement speakers delivering a presentation of pass through a metal detector. All items requirements set forth under section approximately 1.5 hours. Meeting are subject to inspection. 4305 of the Safe, Accountable, Flexible, participants should arrive early since Efficient Transportation Equity Act: A each meeting is anticipated to begin IV. Special Accommodations Legacy for Users (Pub. L. 109–59, 119 promptly at the appointed time. All locations are ADA-accessible and Stat. 1144, August 10, 2005); and the administrative functioning of the Board. A. Questions and Comments sign language interpreters will be present at each meeting. Individuals FOR FURTHER INFORMATION CONTACT: Mr. Meeting attendees will have an attending a meeting who are hearing or William Quade, (202) 366–2172, opportunity to pose questions to the visually impaired and have special Director, Office of Safety Programs, speakers and to the group as a whole. It requirements, or a condition that FMCSA, or Mr. Bryan Price, (412) 395– is the responsibility of individuals who 4816, Transportation Specialist, FMCSA wish for their comments to become part requires special assistance or accommodations, may indicate this on Pennsylvania Division Office, office of the official public record to submit hours are from 8 a.m. to 5 p.m., e.t. their comments directly to the U.S. the online registration form or by calling Paul Christner at 617–494–3142. Monday through Friday except Federal Docket via postal mail, fax, or through holidays. the online Docket Management System V. Online Event (DMS) by September 7, 2006. For Dated: July 3, 2006. instructions on how to submit In addition to the NPRM outreach William Quade, comments to the docket (Docket sessions, FHWA and FTA will conduct Office Director, Safety Programs. Number FHWA–2005–22986), please a national Webcast on July 13, 2006 [FR Doc. 06–6054 Filed 7–3–06; 2:08 pm] refer to the NPRM located at 71 FR from 1 p.m. to 3 p.m. eastern standard BILLING CODE 4910–EX–P 33510 (June 9, 2006). time. The Webcast will include a presentation on the NPRM, and B. Registration DEPARTMENT OF TRANSPORTATION participants will have an opportunity to Registration is not required for public submit questions electronically. Surface Transportation Board meetings. However, in order to ensure Interested parties may learn more and adequate space and materials, register for the event, which is hosted by [STB Finance Docket No. 34893] participants are encouraged to register the Center for Transportation and the for one or more events online at http:// Environment, at http://itre.ncsu.edu/ The Chicago, Lake Shore and South www.environment.fta.dot.gov/nprm/ cte/TechTransfer/Teleconferences/ Bend Railway Company—Acquisition register.asp. 2006schedule.asp. and Operation Exemption—Norfolk Southern Railway Company III. Security, Building, and Parking Authority: 49 U.S.C. 5303–5304; 49 CFR Guidelines 1.51. The Chicago, Lake Shore and South Bend Railway Company (CLS&SB), a Some meetings are held in Federal Issued on the 30th of June 2006. government buildings; therefore, noncarrier, has filed a verified notice of Sandra K. Bushue, Federal security measures are exemption under 49 CFR 1150.31 to applicable. In planning your arrival Deputy Administrator, Federal Transit purchase and operate lines currently time, we recommend allowing Administration. owned by Norfolk Southern Railway additional time to clear security. In J. Richard Capka, Company (NSR). The lines consist of order to gain access to the building and Administrator, Federal Highway approximately 3.2 miles of railroad grounds, participants must display Administration. between milepost UV0.0 and milepost government-issued photo identification. [FR Doc. 06–6023 Filed 7–5–06; 8:45 am] UV2.8, and between milepost ZO9.48 Persons without proper identification BILLING CODE 4910–57–P and milepost ZO9.9, including any may be denied access. ownership interest in the spur leading

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to the University of Notre Dame near DATES: Written comments should be information to determine whether a South Bend, IN.1 received on or before September 5, 2006 ‘‘controlling influence’’ exists, and if it CLS&SB certifies that its projected to be assured of consideration. does, whether it has been rebutted. No annual revenues as a result of the ADDRESSES: Submit comments by e-mail assurance of confidentiality has been transaction will not exceed those that to [email protected] or by provided, although applicable would quality it as a Class III rail carrier mail (if hard copy, preferably an original exemptions under the Freedom of and will not exceed $5 million. and two copies) to: Terrorism Risk Information Act could apply, e.g., to any The transaction was scheduled to be Insurance Program, Public Comment confidential business or trade secret consummated on or after June 21, 2006, Record, Suite 2100, Department of the material submitted. the effective date of the exemption. Treasury, 1425 New York Ave., NW., Current Actions: No changes are being If the notice contains false or Washington, DC 20220. Because paper made at this time. misleading information, the exemption mail in the Washington, DC area may be Type of Review: Extension of is void ab initio. Petitions to revoke the subject to delay, it is recommended that currently approved collection. exemption under 49 U.S.C. 10502(d) comments be submitted electronically. Affected Public: Business or other for- may be filed at any time. The filing of All comments should be captioned with profit, Federal Government. a petition to revoke will not ‘‘PRA Comments—Rebuttal of Estimated Number of Respondents: automatically stay the transaction. Controlling Influence Submissions’’. 10. An original and 10 copies of all Estimated Time per Respondent: 40 Please include your name, affiliation, pleadings, referring to STB Finance hours. address, e-mail address and telephone Docket No. 34893, must be filed with Estimated Total Annual Burden number in your comment. Comments the Surface Transportation Board, 1925 Hours: 400 hours. K Street, NW., Washington, DC 20423– may also be submitted through the Request for Comments: An agency 0001. In addition, one copy of each Federal eRulemaking Portal: http:// may not conduct or sponsor, and a pleading must be served on John D. www.regulations.gov. Comments will be person is not required to respond to, a Heffner, 1920 N Street, NW., Suite 800, available for public inspection by collection of information unless the Washington, DC 20036. appointment only at the Reading Room collection of information displays a Board decisions and notices are of the Treasury Library. To make valid OMB control number. Comments available on our Web site at http:// appointments, call (202) 622–0990 (not submitted in response to this notice will www.stb.dot.gov. a toll-free number). be summarized and/or included in the FOR FURTHER INFORMATION CONTACT: Decided: June 29, 2006. request for OMB approval. All Requests for additional information By the Board, David M. Konschnik, comments will become a matter of Director, Office of Proceedings. should be directed to: Terrorism Risk public record. Comments are invited on: Insurance Program Office at (202) 622– Vernon A. Williams, (a) Whether the collection of 6770 (not a toll-free number). Secretary. information is necessary for the proper SUPPLEMENTARY INFORMATION: [FR Doc. E6–10540 Filed 7–5–06; 8:45 am] performance of the functions of the Title: Terrorism Risk Insurance agency, including whether the BILLING CODE 4915–01–P Program—Rebuttal of Controlling information shall have practical utility; Influence Submissions. (b) the accuracy of the agency’s estimate OMB Number: 1506–0190. of the burden of the collection of DEPARTMENT OF THE TREASURY Abstract: Sections 103(a) and 104 of information; (c) ways to enhance the the Terrorism Risk Insurance Act of quality, utility, and clarity of the Terrorism Risk Insurance Program; 2002 (Pub. L. 107–297) (and unchanged Rebuttal of Controlling Influence information to be collected; (d) ways to by the Terrorism Risk Insurance Submissions minimize the burden of the collection of Extension Act of 2005, Public Law 109– information on respondents, including AGENCY: Departmental Offices, 144) authorize the Department of through the use of automated collection Terrorism Risk Insurance Program Treasury to administer and implement techniques or other forms of information Office, Department of Treasury. the temporary Terrorism Risk Insurance technology; and (e) estimates of capital ACTION: Notice and request for Program established by the Act. The or start-up costs and costs of operation, comments. definition of control in section 102(3) of maintenance and purchase of services to the Act provides for Treasury to provide information. SUMMARY: The Department of the determine whether an insurer directly Treasury, as part of its continuing effort or indirectly exercises a controlling Dated: June 30, 2006. to reduce paperwork and respondent influence over the management or Jeffrey S. Bragg, burden, invites the general public and policies of another insurer. Among other Director, Terrorism Risk Insurance Program. other Federal agencies to take this things, if one insurer controls another [FR Doc. E6–10552 Filed 7–5–06; 8:45 am] opportunity to comment on proposed insurer, then the insurers are deemed BILLING CODE 4810–25–P and/or continuing information ‘‘affiliates’’ under the Program and their collections, as required by the direct earned premium must be Paperwork Reduction Act of 1995, consolidated for purposes of calculating DEPARTMENT OF THE TREASURY Public Law 104–13 (44 U.S.C. the ‘‘insurer deductible’’. The ‘‘insurer 3506(c)(2)(A)). Currently, the Terrorism deductible, in turn, forms the basis for United States Mint Risk Insurance Program Office is ascertaining federal payments made by Notification of Citizens Coinage seeking comments regarding Rebuttal of Treasury under the Act. Treasury Controlling Influence Submissions. Advisory Committee July 2006 Public promulgated procedures at 31 CFR 50.8 Meeting for an insurer to follow in seeking to 1 On June 26, 2006, the City of South Bend, IN, rebut a regulatory presumption of Summary: Pursuant to United States filed a letter-petition seeking revocation of this exemption. CLS&SB filed a reply on that same date. ‘‘controlling influence’’ over another Code, Title 31, section 5135 (b)(8)(C), The revocation request will be handled in a insurer. These procedures require the United States Mint announces the subsequent Board decision. insurers to provide Treasury necessary Citizens Coinage Advisory Committee

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(CCAC) public meeting scheduled for (Federal Advisory Committee Act) that 463 (Federal Advisory Committee Act) July 19, 2006. the Professional Certification and that the Veterans’ Disability Benefits Date: July 19, 2006. Licensure Advisory Committee has Commission has scheduled a meeting Time: 10 a.m. to 2 p.m. scheduled a meeting for July 21, 2006, for July 13–14, 2006, in the Oasis Room Location: The United States Mint; 801 at the Orlando World Center Marriott of the Almas Temple, 1315 K Street, Ninth Street, NW.; Washington, DC; Resort and Convention Center, 8701 NW., Washington, DC. The meeting will Second floor. World Center Drive, Orlando, FL. The Subject: Review of designs for the begin each day at 8:30 a.m. On July 13 meeting will take place from 8 a.m. to the meeting will end at 4:15 p.m., and 2007 Little Rock Central High School 1 p.m. in the North Tower, The Keys Desegregation 50th Anniversary on July 14 the meeting will end at 3 Ballroom Salon. This meeting will p.m. The meeting is open to the public. Commemorative Coin, the Tuskegee coincide with the Department of Airmen Congressional Gold Medal, and Defense Worldwide Education The purpose of the Commission is to other business. Symposium and will be open to the carry out a study of the benefits under Interested persons should call 202– public. the laws of the United States that are 354–7502 for the latest update on The purpose of the Committee is to provided to compensate and assist meeting time and room location. veterans and their survivors for The CCAC was established to: advise the Secretary of Veterans Affairs disabilities and deaths attributable to • Advise the Secretary of the on the requirements of organizations or Treasury on any theme or design entities offering licensing and military service. proposals relating to circulating coinage, certification tests to individuals for The agenda for the meeting on July 13 bullion coinage, Congressional Gold which payment for such tests may be will include updates on the progress of Medals, and national and other medals. made under Chapters 30, 32, 34, or 35 the studies being conducted by the • Advise the Secretary of the of title 38, United States Code and Institute of Medicine (IOM) and the Treasury with regard to the events, under Chapters 1606 and 1607 of title Center for Naval Analyses (CNA). IOM persons, or places to be commemorated 10, United States Code. will present a report of its Committee by the issuance of commemorative coins The meeting will begin with opening review of PTSD diagnosis and remarks by Ms. Sandra Winborne, in each of the five calendar years assessment. There will be additional Committee Chair. There will be a succeeding the year in which a presentations related to PTSD, post- presentation on the usage of the license commemorative coin designation is deployment health and eligibility made. and certification test reimbursement • Make recommendations with benefit followed by a discussion of old verification. The agenda for the meeting respect to the mintage level for any business. Statements from the public on July 14 will include an expanded commemorative coin recommended. will be heard at 11 a.m., prior to a discussion of quality of life and follow- For Further Information Contact: Cliff discussion of new business. up reporting on additional programs Northup, United States Mint Liaison to Interested persons may file written serving seriously injured and disabled the CCAC; 801 Ninth Street, NW.; statements to the Committee before the veterans and service members. Washington, DC 20220; or call 202–354– meeting, or within 10 days after the Interested persons may attend and 7200. meeting, with Ms. Stacey St. Holder, present oral statements to the Any member of the public interested Designated Federal Officer, Department Commission. Oral presentations will be in submitting matters for the CCAC’s of Veterans Affairs, Veterans Benefits limited to five minutes or less, consideration or addressing the CCAC at Administration (225B), 810 Vermont depending on the number of the Public Forum is invited to submit Avenue, NW., Washington, DC 20420. participants. Interested parties may request and/or materials by fax to the Anyone wishing to attend the meeting following number: 202–756–6830. provide written comments for review by should contact Ms. Stacey St. Holder or the Commission prior to the meeting, by Authority: 31 U.S.C. 5135(b)(8)(C). Mr. Robyn Noles at (202) 273–7187. e-mail to Dated: June 30, 2006. Dated: June 27, 2006. [email protected] Gloria C. Eskridge, By Direction of the Secretary. or by mail to Mr. Ray Wilburn, Acting Deputy Director, United States Mint. E. Philip Riggin, Executive Director, Veterans’ Disability [FR Doc. E6–10643 Filed 7–5–06; 8:45 am] Committee Management Officer. Benefits Commission, 1101 BILLING CODE 4810–37–P [FR Doc. 06–6002 Filed 7–5–06; 8:45 am] Pennsylvania Avenue, NW., 5th Floor, BILLING CODE 8320–01–M Washington, DC 20004. Dated: June 28, 2006. DEPARTMENT OF VETERANS By Direction of the Secretary. AFFAIRS DEPARTMENT OF VETERANS AFFAIRS E. Philip Riggin, Professional Certification and Committee Management Officer. Licensure Advisory Committe; Notice Veterans’ Disability Benefits [FR Doc. 06–5989 Filed 7–5–06; 8:45 am] Commission; Notice of Meeting of Meeting BILLING CODE 8320–01–M The Department of Veterans Affairs The Department of Veterans Affairs gives notice under Public Law 92–463 (VA) gives notice under Public Law 92–

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Corrections Federal Register Vol. 71, No. 129

Thursday, July 6, 2006

This section of the FEDERAL REGISTER DEPARTMENT OF HEALTH AND 3. On the same page, in the second contains editorial corrections of previously HUMAN SERVICES column, in the first indented paragraph, published Presidential, Rule, Proposed Rule, in the 11th line, ‘‘experience’’ should and Notice documents. These corrections are Agency for Healthcare Research and read ‘‘experienced’’. prepared by the Office of the Federal Quality Register. Agency prepared corrections are 4. On the same page, in the third issued as signed documents and appear in Citizen’s Health Care Working Group column, in the third line from the the appropriate document categories Interim Recommendations bottom of the page, ‘‘as’’ should read elsewhere in the issue. ‘‘at’’. Correction 5. On page 34371, in the first column, In notice document 06–5379 in the first indented paragraph, in the beginning on page 34369 in the issue of fifth line, ‘‘312’’ should read ‘‘31’’. Wednesday, June 14, 2006, make the 6. On page 34372, in the second following corrections: column, in the first bulleted paragraph, 1. On page 34370, in the first column, in the second line, ‘‘preventived’’ under the heading Preamble, in the first should read ‘‘preventive’’. paragraph, in the ninth line, ‘‘pried’’ 7. On page 34373, in the first column, should read ‘‘priced’’. in the third line from the bottom of the 2. On the same page, in the same column, ‘‘not’’ should read ‘‘no’’. column, under the same heading, in the second paragraph, in the third line, [FR Doc. C6–5379 Filed 7–5–06; 8:45 am] ‘‘impeded’’ should read ‘‘impede’’. BILLING CODE 1505–01–D

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Part II

Securities and Exchange Commission Self-Regulatory Organizations; National Stock Exchange; Notice

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SECURITIES AND EXCHANGE RULES OF NATIONAL STOCK N. [Reserved.] COMMISSION EXCHANGE, INC. NSX Book * * * * * [Release No. 34–54044; File No. SR–NSX– (1) The term ‘‘NSX Book’’ shall mean 2006–08] CHAPTER I. Adoption, Interpretation the System’s electronic file of orders. Self-Regulatory Organizations; and Application of Rules, and O. No change. National Stock Exchange; Notice of Definitions P. Filing of Proposed Rule Change and * * * * * (1) No change. Amendment No. 1 Thereto To Amend Protected NBBO Its Trading Rules To Provide for a Rule 1.4. [Reserved.] Effective Time Strict Price-Time Priority Market and (a) All Exchange Rules shall be (2) The term ‘‘Protected NBBO’’ shall Other Related Changes effective when approved by the mean the national best bid or offer that Commission in accordance with the Act is a protected quotation. June 26, 2006. and the rules and regulations Protected Quotation Pursuant to Section 19(b)(1) of the thereunder, except for those Rules that (3) The term ‘‘protected quotation’’ Securities Exchange Act of 1934 are effective upon filing with the 1 2 means a bid or offer in a stock that (i) (‘‘Act’’) and Rule 19b–4 thereunder, Commission in accordance with the Act notice is hereby given that on June 6, is displayed by an automated trading and the rules thereunder and except as 2006, the National Stock center; (ii) is disseminated pursuant to otherwise specifically provided in this Exchange SM(‘‘NSX’’ or ‘‘Exchange’’) a national market system plan approved Rule 1.4 or elsewhere in these Rules. filed with the Securities and Exchange (b) Rule 11.11(c)(7)(iv) (relating to by the Commission; and (iii) is an Commission (‘‘Commission’’) the Sweep Orders) shall not become automated quotation that is the best bid proposed rule change as described in effective until the compliance date for or best offer of a national securities Items I, II, and III below, which Items Rule 611 of Regulation NMS under the exchange or association. have been prepared by the NSX. On Act (‘‘Regulation NMS’’). Q. [Reserved.] June 22, 2006, the Exchange submitted (c) Prior to the compliance date for Qualified Clearing Agency Amendment No. 1 to the proposed rule the appropriate sections of Regulation 3 (1) The term ‘‘Qualified Clearing change. The Commission is publishing NMS, the following Rules shall only Agency’’ means a clearing agency this notice to solicit comments on the apply to quotations for securities subject registered with the Commission proposed rule change, as amended, from to the Intermarket Trading System Plan: interested persons. (i) The second sentence of the lead-in pursuant to Section 17A of the Act that to Rule 11.15 (Order Execution); and is deemed qualified by the Exchange. I. Self-Regulatory Organization’s R. [Reserved.] Statement of the Terms of Substance of (ii) Rule 11.22 (Locking or Crossing the Proposed Rule Change Quotations in NMS Stocks). Regular Trading Hours The Exchange is proposing to amend Rule 1.5. Definitions (1) The term ‘‘Regular Trading Hours’’ Chapter 11 of the Exchange Rules A. means the time between 8:30 a.m. and (relating to Trading Rules) in order to (1) No change. 3:00 p.m. Central Time. incorporate a strict price-time priority S. automatic execution trading model to Authorized Trader Sponsored Participant replace the Exchange’s current market (2) The term ‘‘Authorized Trader’’ or structure. In connection with the ‘‘AT’’ shall mean a person who may (1) The term ‘‘Sponsored Participant’’ changes to its Trading Rules, the submit orders (or who supervises a shall mean a person which has entered Exchange is also proposing to include routing engine that may automatically into a sponsorship arrangement with a certain new definitions and general submit orders) to the Exchange’s trading Sponsoring ETP Holder pursuant to provisions in the Exchange Rules, to facilities on behalf of his or her ETP Rule 11.9. move rules relating to exchange Holder or Sponsored Participant. Sponsoring ETP Holder products to another new chapter of the B.–K. No change. Exchange Rules, and to make certain L. [Reserved.] (2) The term ‘‘Sponsoring ETP other technical changes in connection Holder’’ shall mean a broker-dealer that with the new trading system. The text Listing Exchange has been issued an ETP by the Exchange of the proposed rule change is set forth (1) The term ‘‘Listing Exchange’’ shall who has been designated by a below. Proposed new language is in mean the national securities exchange Sponsored Participant to execute, clear italics; proposed deletions are in or association on which a security is and settle transactions resulting from [brackets]. listed. the System. The Sponsoring ETP Holder * * * * * M. [Reserved.] shall be either (i) a clearing firm with membership in a clearing agency Market Maker 1 15 U.S.C. 78s(b)(1). registered with the Commission that 2 17 CFR 240.19b–4. (1) The term ‘‘Market Maker’’ shall maintains facilities through which 3 Amendment No. 1 inserted a new NSX Rule mean an ETP Holder that acts as a transactions may be cleared or (ii) a 2.11 relating to NSX Securities, LLC in the Market Maker pursuant to Chapter XI. correspondent firm with a clearing Exchange’s rules. Amendment No. 1 also revised arrangement with any such clearing NSX Rules 11.3(b) and 11.12 relating to crosses, Market Maker Authorized Trader Midpoint Crosses, and Clean Crosses, to reflect the firm. (2) The term ‘‘Market Maker delayed compliance date for Rule 611 of Regulation Statutory Disqualification NMS under the Act and to add a requirement that Authorized Trader’’ or ‘‘MMAT’’ shall Clean Crosses have an aggregate value of at least mean an authorized trader who (3) The term ‘‘statutory $100,000. In addition, Amendment No. 1 made corresponding changes to Item 3 of the proposed performs market making activities disqualification’’ shall mean any rule change to reflect these additional rule changes pursuant to Chapter XI on behalf of a statutory disqualification as defined in and also made additional minor clarifying edits. Market Maker. the Act.

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System Exchange and is providing outbound Maker on the Exchange, or has a (4) The term ‘‘System’’ shall mean the routing of orders from the Exchange to specialist operation on another market electronic securities communications other securities exchanges, facilities of (an ETP Holder engaged in any of the and trading facility designated by the securities exchanges, automated trading foregoing is referred to in this Rule 5.5 Board through which orders of Users are systems, electronic communications as a ‘‘specialist’’) must establish a consolidated for ranking and execution. networks or other brokers or dealers functional separation (‘‘Chinese Wall’’) T. [Reserved.] (collectively, ‘‘Trading Centers’’) (such between the specialist operation and function of NSX Securities is referred to any associated or affiliated persons as Top of Book as the ‘‘Outbound Router’’), each of the appropriate to its operation. [and (1) The term ‘‘Top of Book’’ shall Exchange and NSX Securities shall further] Further, all ETP Holders must mean the best-ranked order to buy (or undertake as follows: establish, maintain and enforce written sell) in the NSX Book as ranked 1. The Exchange will regulate the procedures reasonably designed to pursuant to Rule 11.14. Outbound Router function of NSX prevent the misuse of material, non- U. [Reserved.] Securities as a facility (as defined in public information, which includes Section 3(a)(2) of the Act), subject to review of employee and proprietary User Section 6 of the Act. In particular, and trading, memorialization and (1) The term ‘‘User’’ shall mean any without limitation, under the Act, the documentation of procedures, ETP Holder or Sponsored Participant Exchange will be responsible for filing substantive supervision of who is authorized to obtain access to the with the Commission rule changes and interdepartmental communications by System pursuant to Rule 11.9. fees relating to the NSX Securities the [Exchange specialist] firm’s UTP Security Outbound Router function and NSX Compliance Department and procedures Securities will be subject to exchange concerning proprietary trading when the (2) The term ‘‘UTP Security’’ shall non-discrimination requirements. firm is in possession of material, non- mean any security that is not listed on 2. The National Association of public information. The [Exchange the Exchange but is traded on the Securities Dealers (‘‘NASD’’), a self- specialist] firm must obtain the prior Exchange pursuant to unlisted trading regulatory organization unaffiliated written approval of the Exchange that it privileges. with the Exchange or any of its has complied with the requirements V.–Z. No change. affiliates, will carry out oversight and above in establishing functional * * * * * enforcement responsibilities as the separation as appropriate to the CHAPTER II. ETP Holders of the designated examining authority operation and that it has established Exchange designated by the Commission pursuant proper compliance and audit to Rule 17d–1 of the Act with the procedures to ensure the maintenance of * * * * * responsibility for examining NSX the functional separation. A copy of Rule 2.4. Restrictions Securities for compliance with the these Chinese Wall procedures, and any applicable financial responsibility rules. amendments thereto, must be filed with (a)–(e) No change. 3. An ETP Holder’s use of NSX the Exchange’s Surveillance Interpretations and Policies Securities to route orders to another Department. Trading Center will be optional. Any .01–.02 No change. (b)–(e) No change. [.03 An Exchange member may only ETP Holder that does not want to use * * * * * NSX Securities may use other routers to give-up its own or another Exchange CHAPTER XI. Trading Rules member’s clearing number when route orders to other Trading Centers. 4. NSX Securities will not engage in executing a transaction on the Rule 11.1. Hours of Trading any business other than (a) its Exchange; provided, however, that a Outbound Router function and (b) any (a) [Except as provided below, the member may give-up a non-member’s other activities it may engage in as hours of trading on the Exchange shall clearing number when executing a approved by the Commission. be from 8:30 a.m. to 3:05 p.m. local transaction on the Exchange if (i) the Chicago time during normal business * * * * * non-member (a) is a registered broker- days. dealer and is a self-clearing member of CHAPTER III. Rules of Fair Practice (b) Unless otherwise provided by the the National Securities Clearing * * * * * Board, the hours of trading for any Corporation (‘‘NSCC’’) and (b) consents security traded on the Exchange which to the disciplinary jurisdiction of the Rule 3.6. Fair Dealing with Customers is also traded on another national Exchange and agrees to adhere to all (a)–(f) No change. securities exchange or on the Nasdaq applicable Exchange By-Laws and Stock Market (hereinafter ‘‘Nasdaq’’) Rules; and (ii) the executing member’s Interpretations and Policies (‘‘dually traded’’) or exchanges and guaranteeing clearing firm, who must be .01 [Designated Dealers] ETP Nasdaq (‘‘multiply traded’’) shall be, in an Exchange member, agrees to accept Holders who handle customer orders on addition to the hours of trading set forth financial responsibility for all the Exchange shall establish and enforce in paragraph (a) of this Rule, the hours transactions given-up to the non- fixed standards for queuing and during which the security is traded on member, including but not limited to, executing customer orders. the principal exchange or Nasdaq. responsibility to clear and settle the * * * * * (c) For purposes of this Chapter, the non-member’s trades in the event that term ‘‘principal exchange,’’ when used the non-member or the NSCC does not CHAPTER V. Supervision with respect to a dually or multiply- accept any such trades]. * * * * * traded security, shall mean the * * * * * exchange or Nasdaq with the greatest Rule 5.5. Chinese Wall Procedures trading volume in that security for the Rule 2.11 NSX Securities, LLC (a) An [Exchange Designated Dealer] preceding calendar month.] The For so long as NSX Securities, LLC ETP Holder that trades for its own Exchange shall open for the transaction (‘‘NSX Securities’’) is affiliated with the account in a security, acts as a Market of business during such hours as is

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determined by the Board, with notice to apply for the third preceding business security sells ex-dividend or ex- ETP Holders. day. Transactions in stocks made for distribution. The new price of the order (b) The Exchange will be open for the ‘‘cash’’ shall be ex-dividend or ex-rights is determined by dividing the price of transaction of business on business on the business day following said the original order by 100% plus the days. The Exchange will not be open for record date or date of closing of transfer percentage value of the stock dividend business on the following holidays: New books. In respect to stock dividends or stock distribution. If, as a result of Year’s Day, Dr. Martin Luther King Jr. and/or splits which are 25% or greater, this calculation, the price is not Day, Presidents Day, Good Friday, the ex-dividend date shall be the first equivalent to or is not a multiple of the Memorial Day, Independence Day, business date following the payable variation of a dollar in which bids and Labor Day, Thanksgiving Day or date, except in the case of a dually or offers are made in the particular Christmas. When any holiday observed multiply-traded security where the security, the price should be rounded to by the Exchange falls on a Saturday, the principal exchange or Nasdaq on which the next lower variation; (iii) In the case Exchange will not be open for business such a security is traded shall have a of reverse splits, all orders (including on the preceding Friday. When any different rule or when the Board of the open sell orders and open stop orders to holiday observed by the Exchange falls Exchange shall provide otherwise.] buy) should be cancelled. on a Sunday, the Exchange will not be The Exchange shall designate (c) In the case of a stock dividend or open for business on the following securities for trading. Any class of stock distribution, the procedure to be Monday, unless otherwise indicated by securities listed or admitted to unlisted followed in increasing open buy orders the Exchange. trading privileges on the Exchange and open stop orders to sell shall be as pursuant to Chapter XV of these Rules follows: (i) When there is a stock Rule 11.2. [Unit] Units of Trading shall be eligible to become designated dividend or stock distribution which [The unit of trading of stocks on the for trading on the Exchange. All results in one of more full shares for Exchange shall be 100 shares, and the securities designated for trading are each share held, the number of shares in unit of trading of bonds on the Exchange eligible for odd-lot, round-lot and open buy orders and open stop orders shall be $1,000 original principal mixed-lot executions, unless otherwise to sell shall be increased accordingly; amount, except in the case of a dually indicated by the Exchange or limited (ii) When there is a stock dividend or or multiply-traded security where the pursuant to these Rules. stock distribution on less than a one-for- one basis which thus results in principal exchange or Nasdaq shall have Rule 11.5. [Orders to be Reduced and fractional shares, open buy orders and a different unit of trading or when the Increased on Ex-Date] Registration of open stop orders to sell shall be Board of the Exchange shall provide Market Makers otherwise.] increased to the lowest full round lot; One hundred (100) shares shall [(a) Except in the case of a dually or (iii) When there is a stock dividend or constitute a ‘‘round lot,’’ any amount multiply-traded security where the stock distribution which results in less than 100 shares shall constitute an principal exchange or Nasdaq on which fractional shares combined with full ‘‘odd lot,’’ and any amount greater than a security is traded shall have a different shares, the number of shares in open 100 shares that is not a multiple of a rule or the Board of the Exchange shall buy orders and open stop orders to sell round lot shall constitute a ‘‘mixed lot.’’ provide otherwise, when a security is shall be increased to the lowest full quoted ‘‘ex-dividend,’’ ‘‘ex- round lot. Rule 11.3. Price Variations distribution,’’ ‘‘ex-rights’’ or ‘‘ex- (d) Open orders held by a member (a) No change. interest,’’ the following kinds of orders prior to the day a stock sells ex- (b) Except as provided in Rule shall be reduced in price and increased dividend, ex-distribution or ex-rights 11.12(c) or (d), Crosses executed in in shares, in the case of stock dividends shall be reduced in price and, if the accordance with Rule 11.12 must and stock distributions which result in above is applicable, increased in shares improve each side of the Top of Book by round lots, on the day the security sells by the value of the dividend or at least $0.01 per share. No Crosses may ex: (i) Open buy orders; (ii) Open stock distribution of rights, unless the be executed in increments smaller than orders to sell (with open stop limit member is otherwise instructed by the those permitted by Rule 11.3(a), except orders to sell, the limit, as well as the customer from whom the orders were for Midpoint Crosses (as defined in Rule stop price, shall be reduced). The received. In this regard, a customer may 11.2(c)), which may be executed in following orders shall not be reduced: enter a Do Not Reduce or ‘‘DNR’’ order increments as little as one-half the (i) Open stop orders to buy; (ii) Open if he does not want the price of an order minimum increment permitted by Rule sell orders. reduced for cash dividends, or a Do Not 11.3(a). (b) The procedure to be followed in Increase or ‘‘DNI’’ order if he does not reducing the above kinds of orders shall want an order increased in shares for Rule 11.4. [Trading Ex-Dividend, Etc.] be as follows: (i) In the case of a cash stock dividends or stock distributions.] Securities Eligible for Trading dividend disbursement, the price shall (a) No ETP Holder shall act as a [Transactions in stocks (except those be reduced by the amount of such Market Maker in any security unless made for ‘‘cash’’) shall be ex-dividend disbursement in an amount equal to, or such ETP Holder is registered as a or ex-rights on the second business day a multiple of, the variation in which Market Maker in such security by the preceding the record date fixed by the bids and offers are made. Should the Exchange pursuant to this Rule and the corporation or the date of the closing of disbursement be in an amount other Exchange has not suspended or the transfer books, except in the case of than the variation in which bids and cancelled such registration. Registered a dually or multiply-traded security offers are made, or a multiple thereof, Market Makers are designated as dealers where the principal exchange or Nasdaq orders shall be reduced by the next on the Exchange for all purposes under on which a security is traded shall have higher variation; (ii) In the case of stock the Act and the rules and regulations a different rule or when the Board of the dividends or other stock distribution, thereunder. Exchange shall provide otherwise. open buy orders and open stop orders (b) An applicant for registration as a Should such record date or such closing to sell shall be reduced in price by the Market Maker shall file an application of transfer books occur upon a day other proportional value of a stock dividend in writing on such form as the Exchange than a business day, this Rule shall or stock distribution on the day a may prescribe. Applications shall be

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reviewed by the Exchange, which shall complete the General Securities located in Chicago, Illinois, or consider such factors including, but not Representative Examination (Series 7) elsewhere as designated by the limited to capital operations, personnel, and any other training and/or Exchange’s Board.] technical resources, and disciplinary certification programs as may be (a) A Market Maker may become history. Each Market Maker must have required by the Exchange; provided, registered in a newly authorized security and maintain minimum net capital of at however, the requirement to complete or in a security already admitted to least the amount required under Rule the Series 7 Examination may be waived dealings on the Exchange by filing a 15c3–1 of the Act. by the Exchange if the applicant MMAT security registration form with the (c) An applicant’s registration as a has served as a dealer-specialist or Exchange. Registration in the security Market Maker shall become effective market maker on a registered national shall become effective on the first upon receipt by the ETP Holder of securities exchange or association for at business day following the Exchange’s notice of an approval of registration by least two consecutive years within three approval of the registration, unless the Exchange. years of the date of application. otherwise provided by the Exchange. In (d) The registration of a Market Maker (3) The Exchange may require a considering the approval of the may be suspended or terminated by the Market Maker to provide any and all registration of the Market Maker in a Exchange if the Exchange determines additional information the Exchange security, the Exchange may consider: that: deems necessary to establish whether (1) The financial resources available (1) The Market Maker has registration should be granted. to the Market Maker; substantially or continually failed to (4) The Exchange may grant a person (2) The Market Maker’s experience, engage in dealings in accordance with conditional registration as a MMAT expertise and past performance in Rule 11.8 or elsewhere in these Rules; subject to any conditions it considers making markets, including the Market (2) The Market Maker has failed to appropriate in the interests of Maker’s performance in other securities; meet the minimum net capital maintaining a fair and orderly market. (3) The Market Maker’s operational conditions set forth under paragraph (b) (5) A Market Maker must ensure that capability; above; or a MMAT is properly qualified to (4) The maintenance and (3) The Market Maker has failed to perform market making activities, enhancement of competition among maintain fair and orderly markets. including but not limited to ensuring the Market Makers in each security in which (e) Any registered Market Maker may MMAT has met the requirements set they are registered; withdraw its registration by giving forth in paragraph (b)(2) of this Rule. (5) The existence of satisfactory written notice to the Exchange. The (c) Suspension or Withdrawal of arrangements for clearing the Market Exchange may require a certain Registration. Maker’s transactions; minimum prior notice period for (1) The Exchange may suspend or (6) The character of the market for the withdrawal, and may place such other withdraw the registration previously security, e.g., price, volatility, and conditions on withdrawal and re- given to a person to be a MMAT if the relative liquidity. registration following withdrawal, as it Exchange determines that: (b) Voluntary Termination of Security deems appropriate in the interests of (A) The person has caused the Market Registration. A Market Maker may maintaining fair and orderly markets. Maker to fail to comply with the voluntarily terminate its registration in (f) Any person aggrieved by any securities laws, rules and regulations or a security by providing the Exchange determination under this Rule or Rules the By-Laws, Rules and procedures of with a written notice of such 11.6 or 11.7 below may seek review the Exchange; termination. The Exchange may require under Chapter X of Exchange Rules (B) The person is not properly a certain minimum prior notice period governing adverse action. performing the responsibilities of a for such termination, and may place MMAT; such other conditions on withdrawal Rule 11.6. [Types of Trading] (C) The person has failed to meet the and re-registration following Obligations of Market Maker Authorized conditions set forth under paragraph (b) withdrawal, as it deems appropriate in Traders above; or the interests of maintaining fair and [Issues listed on the Exchange and (D) The Exchange believes it is in the orderly markets. A Market Maker that those admitted to unlisted trading interest of maintaining fair and orderly fails to give advanced written notice of privileges will be eligible for one of the markets. termination to the Exchange may be following three types of trading: (2) If the Exchange suspends the subject to formal disciplinary action (a) Cabinet trading; registration of a person as a MMAT, the pursuant to Chapter VIII of these Rules. (b) Qualified dealer trading; Market Maker must not allow the person (c) The Exchange may suspend or (c) Multiple dealer trading.] to submit orders into the System. terminate any registration of a Market (a) General. MMATs are permitted to (3) The registration of a MMAT will be Maker in a security or securities under enter orders only for the account of the withdrawn upon the written request of this Rule whenever the Exchange Market Maker for which they are the ETP Holder for which the MMAT is determines that: registered. registered. Such written request shall be (1) The Market Maker has not met any (b) Registration of Market Maker submitted on the form prescribed by the of its obligations as set forth in these Authorized Traders. The Exchange may, Exchange. Rules; or upon receiving an application in writing (2) The Market Maker has failed to Rule 11.7. [Cabinet Trading] from a Market Maker on a form maintain fair and orderly markets. prescribed by the Exchange, register a Registration of Market Makers in a A Market Maker whose registration is person as a MMAT. Security suspended or terminated pursuant to (1) MMATs may be officers, partners, [Trading in securities for which there this Rule 11.7(c) may seek review under employees or other associated persons is no dealer participation may be Chapter X of Exchange Rules governing of ETP Holders that are registered with provided through Exchange facilities. adverse action. the Exchange as Market Makers. Bids and offers of members shall be (d) Nothing in this Rule will limit any (2) To be eligible for registration as a registered in a book maintained for such other power of the Exchange under the MMAT, a person must successfully purposes by the Exchange at a facility By-Laws, Rules, or procedures of the

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Exchange with respect to the securities in which the Market Maker is Rule 11.9. [National Securities Trading registration of a Market Maker or in registered to trade; System] Access respect of any violation by a Market (2) Remain in good standing with the [(a) When used in Rule 11.9, unless Maker of the provisions of this Rule. Exchange and in compliance with all the context otherwise requires— Rule 11.8. [Qualified Dealer Trading] Exchange Rules applicable to it; (1) The term ‘‘System’’ means the Obligations of Market Makers (3) Inform the Exchange of any National Securities Trading System, an electronic securities communication [(a) The Securities Committee may material change in financial or and execution facility designated by the approve one or more Proprietary operational condition or in personnel; Exchange’s Board through which bids Members of the Exchange to be a (4) Maintain a current list of MMATs and offers of competing dealers, as well ‘‘qualified dealer’’ for each designated who are permitted to enter orders on as public orders, are consolidated for issue (as defined in Rule 11.9 of this behalf of the Market Maker and provide review and execution by Users. The Chapter). Such qualified dealers shall an updated version of this list to the System combines the display of both the perform the following functions: Exchange upon any change in MMATs; limit order file and current quotation/ (1) guarantee settlement for and transactions occurring through the last sale information to Users with the Exchange in issues for which the (5) Clear and settle transactions matching and execution of like-priced Proprietary Member is the qualified through the facilities of a registered orders, bids and offers according to dealer and executes the transaction; clearing agency. This requirement may programmed price/time and agency/ (2) act as a clearing contra-party for be satisfied by direct participation, use principal priorities in order to give transactions occurring through the of direct clearing services, or by entry Users the ability to perform the Exchange in issues for which the into a correspondent clearing brokerage and market-making functions Proprietary member is a qualified dealer arrangement with another ETP Holder performed on other exchanges. In and executes the transaction; that clears trades through such agency. addition, the System provides for the automatic execution of orders under (3) provide to all members during (b) A Market Maker must satisfy the Exchange trading hours a continuous predetermined conditions. responsibilities and duties as set forth in (2) The term ‘‘Nasdaq/NNM Security’’ two-sided market in odd-lots of issues paragraph (a) of this Rule during for which the Proprietary Member is shall mean any authorized security in trading hours on all days in which the the Nasdaq National Market which (1) designated a qualified dealer; and Exchange is open for business. (4) give precedence in trading to all satisfies all applicable requirements of public agency orders shown to the (c) A Market Maker shall be the Rule 4300 Series of the NASD Rules qualified dealer at prices equal to or responsible for the acts and omissions and substantially meets the criteria set better than the qualified dealer’s own of its MMATs. forth in the Rule 4300 Series of the bid or offer. (d) If the Exchange finds any NASD Rules; (2) is subject therefore to (b) For purposes of Rule 11.8., a substantial or continued failure by a a transaction reporting plan approved public agency order shall mean any Market Maker to engage in a course of by the Commission; (3) has been order for the account of a person other dealings as specified in paragraph (a) of designated therefore as a national than a member, which order is this Rule, such Market Maker will be market system security pursuant to SEC represented, as agent, by a member. subject to disciplinary action or Rule 11Aa2–1 and (4) as to which (c) Qualified dealer designation shall suspension or revocation of the unlisted trading privileges have been be used in those designated issues registration by the Exchange in one or granted pursuant to Section 12(f) of the where there exists (i) an insufficient more of the securities in which the Act. number of dealers to permit use of Market Maker is registered. Nothing in (3) The term ‘‘Nasdaq System’’ means multiple dealer trading; (ii) insufficient this Rule will limit any other power of the NASD’s automated Quotation computer capacity to permit use of the Exchange under the By-Laws, Rules, System. multiple dealer trading; (iii) insufficient or procedures of the Exchange with (4) The term ‘‘Approved Dealer’’ order flow to warrant use of multiple respect to the registration of a Market means a Designated Dealer, a dealer trading; or (iv) other factors Maker or in respect of any violation by Contributing Dealer, or a specialist or market maker registered as such with which would, in the judgment of the a Market Maker of the provisions of this another exchange or Nasdaq with Securities Committee, make multiple Rule. Any ETP Holder aggrieved by any respect to any Designated Issue. dealer trading impracticable. determination under this Rule may seek (5) The term ‘‘Designated Dealer’’ (d) Any person aggrieved by any review under Chapter X of the Exchange means a Proprietary Member who determination under this Rule may seek Rules governing adverse action. review under the provisions of maintains a minimum net capital of at Exchange Rules for adverse action.] (e) Temporary Withdrawal. A Market least the greater of $500,000 or the (a) General. ETP Holders who are Maker may apply to the Exchange to amount required under Rule 15c3–1 of registered as Market Makers in one or withdraw temporarily from its Market the Securities Exchange Act of 1934, as more securities traded on the Exchange Maker status in the securities in which amended, and who has been approved must engage in a course of dealings for it is registered. The Market Maker must by the Securities Committee to perform their own account to assist in the base its request on demonstrated legal market functions by entering bids and maintenance, insofar as reasonably or regulatory requirements that offers for Designated Issues into the practicable, of fair and orderly markets necessitate its temporary withdrawal, or System. on the Exchange in accordance with provide the Exchange an opinion of (6) The term ‘‘Contributing Dealer’’ these Rules. The responsibilities and counsel certifying that such legal or means a Proprietary Member who (i) duties of a Market Maker specifically regulatory basis exists. The Exchange maintains a minimum net capital of at include, but are not limited to, the will act promptly on such request and, least the greater of $50,000 or the following: if the request is granted, the Exchange amount required under Rule 15c3–1 of (1) Maintain continuous limit orders may temporarily reassign the securities the Securities Exchange Act, as to buy and to sell for round lots in those to another Market Maker. amended; (ii) is registered with the

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Exchange with respect to one or more (ii) Upon request of any User, at such Rule with respect to his use of the Designated Issues; and (iii) provides to Designated Dealer’s customary charge, System. all Users through the System, during act as clearing contra-party for (f) Proprietary Members of the Exchange trading hours, regular bids transactions executed through the Exchange may provide bids and offers and offers for round lots of Designated System in Designated Issues for which for their own accounts in any Issues for which he is registered. he is Designated Dealer. Designated Issue to all Users through (7) The term ‘‘User’’ means a Member (iii) Provide to all Users through the the System so long as, in effecting of the Exchange or an Approved Dealer. System, during the Exchange trading transactions on the Exchange through Access Participant Members are hours, continuous bids and offers for the System, they comply with Section considered to be Users in their limited round lots of Designated Issues for 11(a) of the Act and the rules and capacity of executing transactions which he is a Designated Dealer. regulations thereunder. through the facilities of a Proprietary (iv) Guarantee the execution of public (g) It shall be the responsibility of all Member. agency market orders in Designated Users when trading on the Exchange for (8) The term ‘‘Designated Issue’’ Issues for which he is Designated Dealer the account of another person to effect means a security designated by the in accordance with subparagraph (n) of such transactions through the System. Securities Committee to be traded in the this Rule 11.9. If there exist two or more Users may enter agency orders to buy System. Designated Dealers in a Designated and sell in Designated Issues through (9) The term ‘‘public agency order’’ Issue, then unless the Securities System terminals, which may have means any order for the account of a Committee has approved one member as computer interfaces that have person other than a member, an the primary Designated Dealer in that communications capability with the Approved Dealer or a person who could issue, the guarantee obligation shall System and are directly linked to the become an Approved Dealer by rotate among such Designated Dealers System. (h) The System shall display all complying with this Rule with respect on a daily basis. For the purposes of this current principal interest and agency to his use of the System, which order is subsection, market order shall include orders of Users in Designated Issues, as represented, as agent, by a User. marketable limit order, which is a limit well as the best bid/ask quotations of (10) The term ‘‘professional agency order that is immediately executable order’’ means an order entered by a User each ITS participant and Nasdaq System because the ITS BBO or Nasdaq System BBO quotations generated by the as agent for the account of a broker- BBO at the time the order is entered is dealer, a futures commission merchant, Nasdaq System participants in, and the equal to or better than the limit price on last sale price for, Designated Issues, to or a member of a contract market. the order. (11) The term ‘‘Floor’’ means the each User for purposes of trading. (v) Guarantee the execution in electronically integrated System (1) Designated Dealers shall permit Designated Issues that are other than marketplace consisting of the premises each Nasdaq System market maker, Nasdaq/NNM securities up to 1099 on which System terminals are located acting in its capacity as market maker, shares at the opening price of opening and the System supervisory center. direct telephone access (or other such (12) The term ‘‘limit order guarantee’’ public agency market orders and limit access as may be established between means a guarantee to execute an order orders which are priced better than such the Exchange and Nasdaq System) to the as principal upon the occurrence of a opening price (‘‘marketable limit Designated Dealer in each Nasdaq/NNM transaction in another market at the orders’’). Guarantee the execution of Security in which such market maker is price of such order. market orders and marketable limit registered as a market maker. Such (13) The term ‘‘ITS BBO’’ means the orders in Designated Issues that are access shall include appropriate best bid/ask quote among the Nasdaq/NNM securities up to 1099 procedures to assure the timely Intermarket Trading System (‘‘ITS’’) shares at an opening price that is on or response to communications received participants in those issues that are between the first unlocked/uncrossed through telephone access. Nasdaq traded on ITS. Nasdaq System BBO. If there exist two System market makers may use such (14) The term ‘‘Nasdaq System BBO’’ or more Designated Dealers in a telephone access (or other such access means the best bid/ask quote generated Designated Issue, then, unless the as may be established between the by the Nasdaq System participants in Securities Committee has approved one Exchange and Nasdaq System) to those issues that are traded on the member as the primary Designated transmit orders for execution on the Nasdaq System. Dealer in that issue, the guarantee Exchange. Executions of Nasdaq System (b) Any class of securities listed or obligation shall rotate among such market maker orders shall be deemed to admitted to unlisted trading privileges Designated Dealers on a daily basis. be transactions effected through the on the Exchange shall be eligible to (d) A Proprietary Member registered System and must be reported to the become a Designated Issue. All with the Exchange as a Contributing Exchange as promptly as possible and in Designated Issues are eligible for odd- Dealer shall forfeit his right to continue any event within one minute of lot, round-lot and partial round-lot as a Contributing Dealer if he fails to execution; and executions. provide to all Users through the System, (2) Designated Dealers may send (c) The Securities Committee shall during Exchange trading hours, regular orders from the Exchange via telephone approve one or more applicant bids and offers for round lots of (or other access as may be established Proprietary Members of the Exchange as Designated Issues for which he is between the Exchange and Nasdaq a Designated Dealer for one or more registered as a Contributing Dealer. System) to any Nasdaq System market Designated Issues. A Designated Dealer (e) Any specialist or market maker maker in each Nasdaq/NNM Security in shall perform the following functions: registered as such with another which it displays quotations. (i) Upon request of any User guarantee exchange or Nasdaq with respect to any (i) The System offers two modes of settlement, at such Designated Dealer’s Designated Issue may provide bids and order interaction selected by members: customary charge, for transactions, offers with respect to that Designated (1) If automatic execution is selected, executed through the System in Issue through the System to all Users so the System shall match and execute Designated Issues for which he is a long as such specialist or market maker like-priced orders, bids and offers on an Designated Dealer. complies with the provisions of this order by order basis only at the specific

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instruction of Users, including (m) It shall be the responsibility of Dealer of the Day, priced at the ITS or Designated Dealers. each Approved Dealer or other Nasdaq System BBO when the order (2) If order delivery and automated Proprietary Member when trading on enters the System. response is selected, the System will the Exchange for his own account or as (6) In unusual trading situations, a deliver contra-side orders against agent for professional agency orders in Designated Dealer may seek relief from displayed orders and quotations on an round lots of Designated Issues to effect the requirements of 2 through 5 above order by order basis only at the specific such transactions through the System from an Exchange Floor Official or a instruction of Users, including and, in so doing, to yield priority to member of the Exchange staff who Designated Dealers. To be eligible for (1) All public agency orders in the would have authority to set execution order delivery service, Users must System at prices equal to, or better than, prices. All execution guarantees and the demonstrate to Exchange examiners that his order, bid or offer; and requirements of Exchange Rule 12.6, the User’s system can automatically (2) All orders, bids and offers of Customer Priority, apply only during process the inbound order and respond Approved Dealers and other Proprietary the hours of trading on the Exchange appropriately within 1 second. Members for their own accounts and as (8:30 a.m. to 3:05 p.m. local Chicago (j) Limit orders to buy (sell) at a price agents for professional agency orders in time). inferior to the ITS or Nasdaq System the System at prices better than his (o) Prior to formatting any order, bid BBO will be executed other than at the order, bid or offer or at the same price or offer into an ITS commitment to trade opening only after a regular way in the event any such orders, bids or and issuing such a commitment to transaction in the Designated Issue is offers were entered in the System (i) at another ITS participant market, the executed in another ITS participant an earlier time than his order, bid or System shall process such order, bid or market or Nasdaq System at a price offer, or (ii) in the case of Approved offer as follows: which is equal to or less than (greater Dealers, for the purpose of trading for (1) If a principal bid or offer, the than) the limit price of the order. their own account against public agency System shall first exhaust all interest at (k) Public agency orders entered in orders which such Approved Dealers or better than such bid or offer which is the System which have not been are representing as agent pursuant to resident in the System; (2) If a public agency market or executed may be removed from the subparagraph (u). (n) Public Agency Guarantee. marketable limit order, the System shall System only by the User who entered (1) Public agency opening market first process the order pursuant to the order for the purpose of canceling orders and limit orders better than the Exchange Rule 11.9(i) and (n) and then the order, transferring the order to opening price in securities that are other expose for fifteen seconds any another national market or, in the case than Nasdaq/NNM securities which are remaining balance to all Approved of withdrawal by an Approved Dealer or entered prior to the opening up to 1099 Dealers, whether or not registered in the Proprietary Member, executing such shares shall be executed at the opening Designated Issue involved; order immediately as principal pursuant price. Market orders and marketable (3) If a professional agency order, the to a limit order guarantee. Executions of limit orders in Nasdaq/NNM securities System shall exhaust all interest at or public agency orders as principal up to 1099 shares shall be executed at better than such order which is resident pursuant to a limit order guarantee shall an opening price on or between the first in the System and then, if the Board has be deemed to be transactions effected on unlocked/uncrossed Nasdaq System authorized the System generation of ITS the Exchange in the same manner as if BBO. commitments to trade, and such a such transactions were executed (2) Public agency market and procedure is in effect, shall expose the through the System and must be marketable limit orders in all order for fifteen seconds to all Approved reported to the Exchange as promptly as Designated Issues which are entered Dealers, whether or not registered in the possible and in any event within one after the opening are guaranteed Designated Issue involved. minute of execution. execution pursuant to the following (p) Nothing in paragraphs (j) through (l) Public agency orders to buy or sell requirements and limitations. (l) shall preclude an Approved Dealer or at a particular price shall, in all cases (3) The Designated Dealer of the day Proprietary Member from effecting an except execution of such an order must accept and guarantee execution on execution of a public agency order in a pursuant to a limit order guarantee, all public agency market and marketable Designated Issue on the Exchange have priority over all other bids and limit orders in accordance with this pursuant to a limit order guarantee. offers on the System at the same price. subparagraph (n). (q) Confirmations. The System shall Subject to the following condition, (4) Subject to the requirements of the provide hard-copy confirmations of (1) All bids entered in the System short sale rule, orders must be filed on each transaction effected through the shall be queued for execution so that the the basis of the ITS or Nasdaq System System promptly to each User (or his highest price bid shall be the first to be BBO bid on a sell order or the ITS or agent) who is a party to that transaction, executed and so that, in the case of bids Nasdaq System BBO offer on a buy supplying the following information: at the same price, except in the case of order. Sell orders will be satisfied up to size, price, security, whether the User Approved Dealer bids entered pursuant the size of the lesser of the ITS or was a buyer or a seller and the to subparagraph (u), the bid entered Nasdaq System BBO bid or 1099 shares; transaction identification number. earliest in time shall be the first to be buy orders up to the lesser of the ITS or (r) Access. Any User may obtain from executed; and Nasdaq System BBO offer or 1099 the Exchange (or its designee) electronic (2) All offers entered in the System shares. No portion of an order larger means of direct access to the System shall be queued for execution so that the than 1099 shares is subject to the public upon the payment of such reasonable lowest price offered shall be the first to agency guarantee. fees as the Board may specify from time be executed and so that, in the case of (5) The number of shares which the to time in an effective rule filed with the offers at the same price, except in the Designated Dealer of the day is obligated Securities and Exchange Commission case of Approved Dealer offers entered to execute is reduced by the number of pursuant to Section 19(b)(2) or 19(b)(3) pursuant to subparagraph (u), the offer shares executed in the System against of the Act. entered earliest in time shall be the first any agency or principal interest, (s) The Board shall be responsible for to be executed. including interest of the Designated the supervision of the National

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Securities Trading System including the market (NOTE: Orders will be executed declared with respect to the component following: in whole or in part, based on the rules securities of the stock index or portfolio (1) Affording to any person adversely of priority and precedence, on a share of securities underlying the Portfolio affected by any prohibition or limitation for share basis with trades executed at Depository Receipts, less certain with respect to access to services offered the limit price in the primary market); expenses and other charges as set forth by the Exchange or any member in (b) There has been a price penetration in the Trust prospectus. connection with the System the of the limit in the primary market; or (b) Reporting Authority. The term procedural rights available under (c) The issue is trading at the limit ‘‘Reporting Authority’’ in respect of a Exchange Rules for adverse action. price on the primary market, unless it particular series of Portfolio Depositary (2) Requiring all persons participating can be demonstrated that such order Receipts means the Exchange, an in the System to maintain such would not have been executed if it had institution (including the Trustee for a additional records and to provide such been transmitted to the primary market series of Portfolio Depositary Receipts), access to those records as the Exchange or the customer and the Designated or a reporting service designated by the shall determine are in the public Dealer agree to a specific volume related Exchange, or by the exchange that lists interest or appropriate for the protection or other criteria for requiring a fill. a particular series of Portfolio of investors and the maintenance of fair (d) With respect to paragraph (c) Depository Receipts (if the Exchange is and orderly markets. above, if the issue has traded in a trading such series pursuant to unlisted (3) Requiring all Users participating in primary market’s after-hours closing trading privileges) as the official source the System to comply with all Exchange price trading session, the Designated for calculating and reporting Rules. Approved Dealers and Dealer shall fill limit orders designated information relating to such series, Proprietary Members shall apprise as eligible for limit order protection including, but not limited to, any customers promptly when they have based on volume that prints in a current index or portfolio value; the acted as principal in effecting primary market’s after-hours closing current value of the portfolio of transactions with customers, unless price trading session (a ‘‘GTX’’ order) at securities required to be deposited to earlier notification and consent is such limit price. In unusual trading the Trust in connection with issuance of required by law. situations, a Designated Dealer may seek Portfolio Depositary Receipts; the (t) Neither the Exchange nor its relief from the above requirements from amount of any dividend equivalent agents, employees or contractors shall two Trading Practices Committee payment or cash distribution to holders be liable to its members, member members or a designated member of the of Portfolio Depositary Receipts, net organizations, successors, Exchange staff who would have the asset value, or other information relating representatives or customers thereof, or authority to set execution prices. to the creation, redemption or trading of any persons associated therewith, for (v)(1) Applicability. This rule is Portfolio Depositary receipts. any claims arising out of the use or applicable only to Portfolio Depositary (3) Members and member enjoyment by such member, member Receipts. Except to the extent organizations shall provide to all organization, successor, representative, inconsistent with this rule, or unless the purchasers of a series of Portfolio customer, or associated person, of the context otherwise requires, the Depositary Receipts a written facilities afforded by the Exchange, provisions of the Constitution and all description of the terms and including, without limitation, the other rules and policies of the Board characteristics of such securities, in a National Securities Trading System and shall be applicable to the trading on the form approved by the Exchange, not the Automated Extension Processing Exchange of such securities. Portfolio later than the time a confirmation of the System. Depositary Receipts are included within first transaction in such a series is (u) Public agency market and the definition of ‘‘security’’ or delivered to such purchaser. In marketable limit orders which an ‘‘securities’’ as such terms are used in addition, members and member Approved Dealer represents as agent the Constitution and Rules of the organizations shall include such a may be preferenced to such Approved Exchange. written description with any sales Dealer in accordance with the price- (2) Definitions. The following terms as material relating to a series of Portfolio time and agency/principal priorities set used in the Rules shall, unless the Depositary Receipts that is provided to forth in Rule 11.9(l) and (m). context otherwise requires, have the customers or the public. Any other Notwithstanding subparagraphs (c) and meanings herein specified: written materials provided by a member (n), an Approved Dealer shall be Dealer (a) Portfolio Depositary Receipt. The or member organization to customers or of the day with respect to orders term ‘‘Portfolio Depositary Receipt’’ to the public making specific reference preferenced under this subparagraph means a security (i) that is based on a to a series of Portfolio Depositary (u). unit investment trust (‘‘Trust’’) which Receipts as an investment vehicle must Additionally, Designated Dealers shall holds the securities which comprise an include a statement in substantially the be allowed to preference their customer index or portfolio underlying a series of following form: ‘‘A circular describing order flow that is related to index Portfolio Depositary Receipts; (ii) that is the terms and characteristics of [the arbitrage only on plus or zero plus ticks issued by the Trust in a specified series of Portfolio Depositary Receipts] when the Dow Jones Industrial Average aggregate minimum number in return is available from your broker. It is (‘‘DJIA’’) declines by 50 points or more for a ‘‘Portfolio Deposit’’ consisting of recommended that you obtain and from the previous day’s closing value. specified numbers of shares of stock review such circular before purchasing Interpretations and Policies plus a cash amount; (iii) that, when [the series of Portfolio Depositary aggregated in the same specified Receipts]. In addition, upon request you .01 Limit Order Protection minimum number, may be redeemed may obtain from your broker a Public agency limit orders in from the Trust which will pay to the prospectus for [the series of Portfolio securities other than Nasdaq/NNM redeeming holder the stock and cash Depositary Receipts].’’ Securities shall be filled if one of the then comprising the ‘‘Portfolio Deposit’’; A member or member organization following conditions occur: and (iv) that pays holders a periodic carrying omnibus account for a non- (a) The bid or offering at the limit cash payment corresponding to the member broker-dealer is required to price has been exhausted in the primary regular cash dividends or distributions inform such non-member that execution

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of an order to purchase a series of condition exists which in the opinion of Portfolio Depositary Receipts or any Portfolio Depositary Receipts for such the Exchange, makes future dealings on underlying index or data included omnibus account will be deemed to the Exchange inadvisable. therein and the Exchange makes no constitute agreement by the non- Upon termination of a Trust, the express or implied warranties, and member to make such written Exchange requires that Portfolio disclaims all warranties or description available to its customers on Depositary Receipts issued in merchantability or fitness for a the same terms as are directly applicable connection with such Trust be removed particular purpose with respect to to members and member organizations from Exchange listing or have their Portfolio Depositary Receipts or any under this rule. unlisted trading privileges terminated. underlying index or data included Upon request of a customer, a member A Trust may terminate in accordance therein. This limitation of liability shall or member organization shall also with the provisions of the Trust be in addition to any other limitation provide a prospectus for the particular prospectus, which may provide for contained in the Exchange’s Articles of series of Portfolio Depositary Receipts. termination if the value of securities in Incorporation, By-Laws or Rules. (4) Designation of an Index or the Trust falls below a specified Portfolio. The trading of Portfolio amount. Interpretations and Policies Depositary Receipts based on one or (c) Term—The stated term of the Trust .01 The Exchange will trade more stock indices or securities shall be stated in the Trust Prospectus. pursuant to unlisted trading privileges, portfolios, whether by listing or However, a Trust may be terminated Portfolio Depositary Receipts based on pursuant to unlisted trading privileges, under such earlier circumstances as may the Standard and Poor’s Corporation’s shall be considered on a case by case be specified in the Trust prospectus. S&P 500 Index, known as SPDRs. basis. The Portfolio Depositary Receipts (d) Trustee—The trustee must be a .02 The Exchange will trade, based on each particular stock index or trust company or banking institution pursuant to unlisted trading privileges, portfolio shall be designated as a having substantial capital and surplus Portfolio Depositary Receipts based on separate series and shall be identified by and the experience and facilities for the Standard and Poor’s Corporation’s a unique symbol. The stocks that are handling corporate trust business. In S&P MidCap 400 Index, known as included in an index or portfolio on cases where, for any reason, an MidCap SPDRs. which Portfolio Depositary Receipts are individual has been appointed as ‘‘Standard & Poor’s’’, ‘‘S&P’’, ‘‘S&P based shall be selected by the Exchange trustee, a qualified trust company or 500’’, ‘‘Standard & Poor’s 500’’, and or by such other person as shall have a banking institution must be appointed ‘‘500’’ are trademarks of the McGraw- proprietary interest in and authorized as co-trustee. Hill Companies, Inc. and have been use of such index or portfolio, and may (e) Voting—Voting rights shall be as licensed for use by the Exchange. be revised from time to time as may be set forth in the Trust prospectus. The (w)(1) Applicability. This rule is deemed necessary or appropriate to Trustee of a Trust may have the right to applicable only to Trust Issued Receipts. maintain the quality and character of vote all of the voting securities of such Except to the extent inconsistent with the index or portfolio. Trust. this rule, or unless the context (5) Initial and Continued Listing and/ (6) Limitation of Exchange Liability. otherwise requires, the provisions of the or Trading. A Trust upon which a series Neither the Exchange, the Reporting Constitution and all the rules and of Portfolio Depositary Receipts is based Authority nor any agent of the Exchange policies of the Board shall be applicable will be traded on the Exchange, whether shall have any liability for damages, to the trading on the Exchange of such by listing or pursuant to unlisted trading claims, losses or expenses caused by securities. Trust Issued Receipts are privileges, subject to application of the any errors, omissions, or delays in included within the definition of following criteria: calculating or disseminating any current ‘‘security’’ or ‘‘securities’’ as such terms (a) Commencement of Trading—For index or portfolio value, the current are used in the Constitution and Rules each Trust, the Exchange will establish value of the portfolio of securities of the Exchange. The Exchange will a minimum number of Portfolio required to be deposited to the Trust; consider for trading, whether by listing Depositary Receipts required to be the amount of any dividend equivalent or pursuant to unlisted trading outstanding at the time of payment or cash distribution to holders privileges, Trust Issued Receipts that commencement of trading on the of Portfolio Depositary Receipts; net meet the criteria of this Rule. Exchange. asset value; or other information relating (2) Definitions. The following terms as (b) Continued Trading—Following the to the creation redemption or trading of used in the Rules shall, unless the initial twelve month period following Portfolio Depositary Receipts, resulting context otherwise requires, have the formation of a Trust and from any negligent act or omission by following meanings herein specified: commencement of trading on the the Exchange, or the Reporting (a) Trust Issued Receipt. A Trust Exchange, the Exchange will consider Authority, or any agent of the Exchange Issued Receipt is a security (a) that is the suspension of trading in, removal or any act, condition or cause beyond issued by a trust (‘‘Trust’’) which holds from listing of, or termination of the reasonable control of the Exchange specific securities deposited with the unlisted trading privileges for a Trust or its agent, or the Reporting Authority, Trust; (b) that when aggregated in some upon which a series of Portfolio including, but not limited to, an act of specified minimum number, may be Depositary Receipts is based under any God; fire; flood; extraordinary weather surrendered to the Trust by the of the following circumstances: (i) If the conditions; war; insurrection; riot; beneficial owner to receive the Trust has more than 60 days remaining strike; accident; action of government; securities; and (c) that pays beneficial until termination and there are fewer communications or power failure; owners dividends and other than 50 record and/or beneficial holders equipment or software malfunction; or distributions on the deposited of Portfolio Depositary Receipts for 30 any error, omission or delay in the securities, if any are declared and paid or more consecutive trading days; or (ii) reports of transactions in one or more of to the trustee by an issuer of the if the value of the index or portfolio of the underlying securities. The Exchange deposited securities. securities on which the Trust is based makes no warranty, express or implied, (3) Designation. The Exchange may is no longer calculated or available; or as to the results to be obtained by any trade, whether by listing or pursuant to (iii) if such other event shall occur or person or entity from the use of unlisted trading privileges, Trust Issued

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Receipts based on one or more (e) Voting—Voting rights shall be set context otherwise requires, have the securities. The Trust Issued Receipts forth in the Trust prospectus. meanings herein specified: based on particular securities shall be (5) Member Obligations. Members and (a) Index Fund Shares means a designated as a separate series and shall member organizations shall provide to security (a) that is issued by an open- be identified by a unique symbol. The all purchasers of newly issued Trust end management investment company securities that are included in a series Issued Receipts a prospectus for the based on a portfolio of stocks that seeks of Trust Issued Receipts shall be series of Trust Issued Receipts. to provide investment results that selected by the Exchange or by such (6) Trading Issues. Trust Issued correspond generally to the price and other person as shall have a proprietary Receipts may be acquired, held, or yield performance of a specified foreign interest in such Trust Issued Receipts. transferred only in round-lot amounts or domestic stock index; (b) that is (4) Initial and Continued Listing. (or round-lot multiples) of 100 receipts. issued by such an open-end Trust Issued Receipts will be traded on Orders for less than a round-lot management investment company in a the Exchange subject to application of multiple, will be executed to the extent specified aggregate minimum number in the following criteria: of the largest round-lot multiple. return for a deposit of specified (a) Initial Listing—For each Trust, the numbers of shares of stock and/or a cash Exchange will establish a minimum Interpretations and Policies amount with a value equal to the next number of Trust Issued Receipts .01 The Exchange may approve a determined net asset value; and (c) that, required to be outstanding at the time of series of Trust Issued Receipts for when aggregated in the same specified commencement of trading on the trading, whether by listing or pursuant minimum number, may be redeemed at Exchange. to unlisted trading privileges, pursuant a holders request by such open-end (b) Continued Listing—Following the to Rule 19b–4(e) under the Securities investment company which will pay to initial twelve month period following Act of 1934, provided that the following the redeeming holder the stock and/or formation of a Trust and criteria are satisfied: cash with a value equal to the next commencement of trading on the (a) Each security underlying the Trust determined net asset value. Exchange, the Exchange will consider Issued Receipt must be registered under (b) Reporting Authority. The term the suspension of trading in or removal Section 12 of the Exchange Act; ‘‘Reporting Authority’’ in respect of a from listing of a Trust upon which a (b) Each company whose securities particular series of Index Fund Shares series of Trust Issued Receipts is based are underlying securities for the Trust means the Exchange, a subsidiary of the under any of the following Issued Receipt must have a minimum Exchange, or an institution or reporting circumstances: (i) If the Trust has more public float of at least $150 million; service designated by the Exchange or than 60 days remaining until (c) Each security underlying the Trust its subsidiary as the official source for termination and there are fewer than 50 Issued Receipt must be listed on a calculating and reporting information to record and/or beneficial holders of Trust national securities exchange or traded such series, including, but not limited Issued Receipts for 30 or more through the facilities of NASDAQ as a to, any current index or portfolio value; consecutive trading days; (ii) if the Trust reported national market system the current value of the portfolio of any has more than 50,000 receipts issued security; securities required to be deposited in and outstanding; (iii) if the market value (d) Each company whose securities connection with issuance of Index Fund of all receipts issued and outstanding is are underlying securities for the Trust Shares; the amount of any dividend less than $1,000,000; or (iv) if any other Issued Receipt must have an average equivalent payment or cash distribution event shall occur or condition exists daily trading volume of at least 100,000 to holders of Index Fund Shares, net which, in the opinion of the Exchange, shares during the preceding sixty-day asset value, or other information relating makes further dealings on the Exchange trading period; to the issuance, redemption or trading of inadvisable. (e) Each company whose securities Index Fund Shares. Upon termination of a Trust, the are underlying securities for the Trust Nothing in this section shall imply Exchange requires that the Trust Issued Issued Receipt must have an average that an institution or reporting service Receipts issued in connection with such daily dollar value of shares traded that is the source for calculating and Trust be removed from Exchange listing. during the preceding sixty-day trading reporting information relating to Index A Trust may terminate in accordance period of at least $1 million; and Fund Shares must be designated by the with the provisions of the Trust (f) The most heavily weighted security Exchange, the term ‘‘Reporting prospectus, which may provide for in the Trust Issued Receipt cannot Authority’’ shall not refer to an termination if the value of securities in initially represent more than 20% of the institution or reporting service not so the Trust falls below a specified overall value of the Trust Issued designated. amount. Receipt. (3) Disclosure. Upon request of a (c) Term—The stated term of the Trust (x) Index Fund Shares customer, members and member shall be as stated in the Trust (1) Applicability. This Chapter is organizations shall provide to all prospectus; however, a Trust may be applicable only to Index Fund Shares. purchasers of Index Fund Shares a terminated under such earlier Except to the extent inconsistent with prospectus for the series of Index Fund circumstances as may be specified in this Chapter, or unless the context Shares. the Trust prospectus. otherwise requires, the provisions of the (4) Designation. The trading of Index (d) Trustee—The Trustee must be a Constitution and all other rules and Fund Shares based on one or more trust company or banking institution policies of the Exchange shall be securities, whether by listing or having substantial capital and surplus applicable to the trading on the pursuant to unlisted trading privileges, and the experience and facilities for Exchange of Index Fund Shares. Index shall be considered on a case-by-case handling corporate trust business. In Fund Shares are included within the basis. Each issue of Index Fund Shares cases where, for any reason, an definition of ‘‘security’’ or ‘‘securities’’ shall be based on each particular stock individual has been appointed as as such terms are used in the index or portfolio and shall be a trustee, a qualified trust company or Constitution and Rules of the Exchange. designated as a separate series and shall banking institution must be appointed (2) Definitions. The following terms as be identified by a unique symbol. The co-trustee. used in the Rules shall, unless the securities that are included in a series

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of Index Fund Shares shall be selected such fund: (i) Component stocks that in (g) Surveillance Procedures. The by the Exchange or its agent, a wholly- the aggregate account for at least 90% of Exchange will utilize existing owned subsidiary of the Exchange, or by the weight of the index or portfolio shall surveillance procedures for Index Fund such other person thereof, as shall have have a minimum market value of at least Shares. authorized use of such index. Such $75 million; (ii) The component stocks (h) Applicability of Other Rules. The index or portfolio may be revised from shall have a minimum monthly trading provisions of the Exchange Rules and time to time as may be deemed volume during each of the last six By-Laws will apply to all series of Index necessary or appropriate to maintain the months of at least 250,000 shares for Fund Shares. quality and character of the index or stocks representing at least 90% of the .02 The following paragraphs only portfolio. weight of the index or portfolio; (iii) The apply to series of Index Fund Shares (5) Initial and Continued Listing and/ most heavily weighted component stock that are the subject of an order by the or Trading. Each series of Index Fund cannot exceed 25% of the weight of the Securities and Exchange Commission Shares will be traded on the Exchange, index or portfolio, and the five most exempting such series from certain whether by listing or pursuant to heavily weighted component stocks prospectus delivery requirements under unlisted trading privileges, subject to cannot exceed 65% of the weight of the Section 24(d) of the Investment application of the following criteria: index or portfolio; (iv) The underlying Company Act of 1940. The Exchange (a) Commencement of Trading—For index or portfolio must include a will inform members and member each Series, the Exchange will establish minimum of 13 stocks; and (v) All organizations regarding application of a minimum number of Index Fund securities in an underlying index or these provisions to a particular series of Shares required to be outstanding at the portfolio must be listed on a national Index Fund Shares by means of an time of commencement of trading on the securities exchange or The Nasdaq Information Circular prior to Exchange. Stock Market (including the Nasdaq commencement of trading in such (b) Continued Trading—Following the SmallCap Market). series. The Exchange requires that initial twelve month period following (b) Index Methodology and members and member organizations commencement of trading on the Calculation. (i) The index underlying a provide to all purchasers of a series of Exchange of a series of Index Fund series of Index Fund Shares will be Index Fund Shares a written description Shares, the Exchange will consider the calculated based on either the market of the terms and characteristics of such suspension of trading, the removal from capitalization, modified market securities, in a form prepared by the listing, or termination of unlisted open-end management investment capitalization, price, equal-dollar or trading privileges for such series under company issuing such securities, not modified equal-dollar weighting any of the following circumstances: (i) later than the time a confirmation of the methodology; (ii) If the index is If there are fewer than 50 beneficial first transaction in such series is maintained by a broker-dealer, the holders of the series of Index Fund delivered to such purchaser. In broker-dealer shall erect a ‘‘fire-wall’’ Shares for 30 or more consecutive addition, members and member around the personnel who have access trading days; (ii) if the value of the organizations shall include such a to information concerning changes and index or portfolio of securities on which written description with any sales adjustments to the index and the index the series of Index Fund Shares is based material relating to a series of Index shall be calculated by a third party who is no longer calculated or available; or Fund Shares that is provided to is not a broker-dealer; and (iii) The (iii) if such other event shall occur or customers or the public. Any other current index value will be condition exist which, in the opinion of written materials provided by a member disseminated every 15 seconds over the the Exchange, makes further dealings on or member organization to customers or Consolidated Tape Association’s the Exchange inadvisable. Upon the public making specific reference to Network B. termination of an open-ended a series of Index Fund Shares as an (c) Disseminated Information. The management investment company, the investment vehicle must include a Reporting Authority will disseminate Exchange requires that Index Fund statement in substantially the following for each series of Index Fund Shares an Shares issued in connection with such form: ‘‘A circular describing the terms estimate, updated every 15 seconds, of entity be removed from Exchange and characteristics of [the series of the value of a share of each series. This listing. Index Fund Shares] has been prepared (c) Voting. Voting rights shall be as set may be based, for example, upon by the [open-end management forth in the applicable open-end current information regarding the investment company name] and is management investment company required deposit of securities and cash available from your broker or the prospectus. amount to permit creation of new shares Exchange. It is recommended that you of the series or upon the index value. obtain and review such circular before Interpretations and Policies (d) Initial Shares Outstanding. A purchasing [the series of Index Fund .01 The Exchange may approve a minimum of 100,000 shares of a series Shares].’’ series of Index Fund Shares for listing of Index Fund Shares is required to be A member or member organization pursuant to Rule 19b–4(e) under the outstanding at commencement of carrying an omnibus account for a non- Securities Exchange Act of 1934 trading. member broker-dealer is required to provided each of the following criteria (e) Minimal Fractional Trading inform such non-member that execution is satisfied: Variation. The minimum fractional of an order to purchase a series of Index (a) Eligibility Criteria for Index trading variation may vary among Fund Shares for such omnibus account Components. Upon the initial listing of different series of Index Fund Shares will be deemed to constitute agreement a series of Index Fund Shares each but will be set at 1⁄16th, 1⁄32nd, or 1⁄64th by the non-member to make such component of an index or portfolio of $1.00. written description available to its underlying a series of Index Fund (f) Hours of Trading. Trading will customers on the same terms as are Shares shall meet the following criteria occur between 9:30 a.m. and either 4 directly applicable to members and as of the date of the initial deposit of p.m. or 4:15 p.m. for each series of member organizations under this rule. securities to the fund in connection Index Fund Shares, as specified by the Upon request of a customer, member with the initial issuance of shares of Exchange. or member organization shall also

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provide a prospectus for the particular shall comply with the Exchange’s charged the per share incremental rates series of Index Fund Shares.] Articles of Incorporation, By-Laws, as noted below for public agency (a) General. The System shall be Rules and procedures, as if Sponsored transactions: available for entry and execution of Participant were an ETP Holder. orders by Users with authorized access. (D) Sponsored Participant shall Avg. daily share * volume Charge per To obtain authorized access to the maintain, keep current and provide share System, each User must enter into a upon request to the Sponsoring ETP 1 to 250,000 ...... $0.0015 User Agreement with the Exchange in Holder and the Exchange a list of 250,001 to 500,000 ...... 0.0013 such form as the Exchange may provide Authorized Traders who may obtain 500,001 to 750,000 ...... 0.0009 (‘‘User Agreement’’). access to the System on behalf of the 750,001 to 1,250,000 ...... 0.0007 (b) Sponsored Participants. A Sponsored Participant. Sponsored 1,250,001 and higher ...... 0.0005 Sponsored Participant may obtain Participant shall be subject to the * Odd-Lot Shares Excluded. authorized access to the System only if obligations of Rule 11.10 with respect to such Sponsored Participant is a such Authorized Traders. (b) Odd-Lot Transactions. Members registered broker or dealer and a self- (E) Sponsored Participant shall will be charged $0.50 per odd-lot clearing member of a Qualified Clearing familiarize its Authorized Traders with transaction when acting as agent or Agency, and only if such access is all of the Sponsored Participant’s principal, except that members will earn authorized in advance by one or more obligations under this Rule and will a credit of $0.50 for every four round- Sponsoring ETP Holders as follows: assure that they receive appropriate lot transactions executed (agency, (1) Sponsored Participants must enter training prior to any use or access to the professional agency or principal) on the into and maintain customer agreements System. Exchange and printed on the with one or more Sponsoring ETP (F) Sponsored Participant may not Consolidated Tape by the Exchange. Holders establishing proper permit anyone other than Authorized Notwithstanding the forgoing credit, relationship(s) and account(s) through Traders to use or obtain access to the there will be a minimum charge of $0.10 which the Sponsored Participant may System. per odd-lot transaction. trade on the System. Such customer (G) Sponsored Participant shall take (c) Agency Order Mix Fee. Agency agreement(s) must incorporate the reasonable security precautions to limit orders shall be charged based on Sponsorship Provisions set forth in prevent unauthorized use or access to the percentage of public agency market paragraph (2) below. the System, including unauthorized order shares executed on the Exchange (2) For a Sponsored Participant to entry of information into the System, or obtain and maintain authorized access during the trading month, according to the information and data made the following schedule: to the System, a Sponsored Participant available therein. Sponsored Participant and its Sponsoring ETP Holder must understands and agrees that Sponsored Percent of market order Agency limit order agree in writing to the following Participant is responsible for any and shares executed mix fee Sponsorship Provisions: all orders, trades and other messages (A) Sponsored Participant and its and instructions entered, transmitted or 25 and higher ...... No Charge. Sponsoring ETP Holder must have received under identifiers, passwords 20 to 24.99 ...... $0.005 per share. entered into and maintained a User and security codes of Authorized 15 to 19.99 ...... $0.010 per share. Agreement with the Exchange. The 10 to 14.99 ...... $0.015 per share. Traders, and for the trading and other Less than 10 ...... $0.020 per share. Sponsoring ETP Holder must designate consequences thereof. the Sponsored Participant by name in (H) Sponsored Participant its User Agreement as such. acknowledges its responsibility to (d) Professional Agency Transactions. (B) Sponsoring ETP Holder establish adequate procedures and Members will be charged $0.0025 per acknowledges and agrees that controls that permit it to effectively share ($0.25/100 shares) for professional (i) All orders entered by the monitor its employees, agents and agency (Rule 11.9(a)(8)) transactions. Sponsored Participants and any person customers’ use and access to the System (e) Crosses and Meets acting on behalf of or in the name of for compliance with the terms of this (1) Users executing crosses and meets such Sponsored Participant and any agreement. in Tape A securities shall be charged executions occurring as a result of such (3) The Sponsoring ETP Holder must $0.0005 per share per side for average orders are binding in all respects on the provide the Exchange with a written daily volume up to 5 million shares per Sponsoring ETP Holder, statement in form and substance day and $0.000025 per share per side for (ii) Sponsoring ETP Holder is acceptable to the Exchange average daily volume up above 5 responsible for any and all actions acknowledging its responsibility for the million shares, with a maximum charge taken by such Sponsored Participant orders, executions and actions of its of $37.50 per firm per side of and any person acting on behalf of or Sponsored Participant at issue, transaction. in the name of such Sponsored including without limitation Participant, and (2) Users, who are not registered as responsibility to clear and settle the (iii) Sponsoring ETP Holder shall pay Qualified or Designated Dealers in the Sponsored Participant’s trades in the when due all amounts, if any, payable securities in which they are executing event that the Sponsored Participant or to the Exchange or any other third crosses and meets in Tape C securities its Qualified Clearing Agency does not parties that arise from the Sponsored (Nasdaq NM and SmallCap securities), accept any such trades. Participants access to and use of the shall pay no transaction fees. System. Such amounts include, but are Rule 11.10. [National Securities Trading (3) Dealers executing crosses in Tape not limited to applicable exchange and System Fees] Authorized Traders C securities (Tape ‘‘C’’ Transactions are regulatory fees. defined as transactions conducted in (C) Sponsoring ETP Holder shall [A. Trading Fees Nasdaq securities pursuant to unlisted comply with the Exchange’s Articles of (a) Agency Transactions. As in the trading privileges) in which they are Incorporation, By-Laws, Rules and case for Preferenced transactions, registered shall be charged a per share procedures, and Sponsored Participant members acting as an agent will be fee as noted below:

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Fee per transactions and are subject to the (n) NSTS Internal Customer Port Average daily number of shares share following incremental rates: Charge. For purposes of this charge, a ‘‘Port’’ shall be defined as a TCP/IP Up to 5 million shares ...... $0.001 Avg. daily principal share** Charge per address. For each port utilized on the 5 million shares and above ...... 0.000025 volume share Exchange mainframe a $350.00 per month charge will be assessed to the (4) Users executing crosses and meets Up to 5 million shares ...... $0.001 5 million shares and above ...... 0.000025 member. in Tape A, B or C securities through the (o) Technology Fee. Every Member of Exchange’s System Supervisory Center ** Odd-lot shares excluded. the Exchange shall be assessed a fee of shall be charged $15 per contra-party, (i) Transaction Fee Cap. The monthly $1,250.00 per month to help offset up to a maximum of $75 per side of transaction fees charged to each member technology expenses incurred by the transaction. This transaction fee shall be shall be equal to the lesser of (1) the Exchange. in lieu of any transaction fee otherwise amounts assessed pursuant to (p) Clearing Related Fee Passed applicable under Paragraphs (A)(e)(1) Paragraphs (A)(a) through (A)(h) of this Through to Member. The Exchange will through (A)(e)(3) above. Rule 11.10 or (2) $50,000. pass onto members the entire amount of (f) ITS Transactions. All ITS (j) Revenue Sharing Program. After the clearing related fees allocated to the transactions, whether inbound or the Exchange earns total operating Exchange by the clearing agent for outbound, will be charged $0.001 per revenue sufficient to offset actual transactions which the Exchange share. expenses and working capital needs, a submits to clearing on behalf of (g) Proprietary (Principal) percentage of all Specialist Operating members. Transactions. Revenue (‘‘SOR’’) shall be eligible for (q) Regulatory Transaction Fee. Under (1)(A) All Designated Dealers in sharing with Designated Dealers. SOR is Section 31 of the Act, the Exchange securities other than Nasdaq securities, defined as operating revenue that is must pay certain fees to the except those acting as Preferencing generated by specialist firms. SOR Commission. To help fund the Dealers or Contributing Dealers, will be consists of transaction fees, book fees, Exchange’s obligations to the charged $0.001 per share ($0.10/100 technology fees, and market data Commission under Section 31, this shares) for principal transactions. revenue that is attributable to specialist Regulatory Transaction Fee is assessed (B) For a pilot period commencing firm activity. SOR shall not include any to members. To the extent there may be October 1, 2002 and lasting through investment income or regulatory any excess monies collected under this June 30, 2006, members that execute monies. The sharing of SOR shall be Rule, the Exchange may retain those orders in Nasdaq securities against based on each Designated Dealer’s pro monies to help fund its general previously displayed quotes/orders of rata contribution to SOR in excess of operating expense. Each member other members shall pay $0.004 per $75,000 per quarter. In no event shall engaged in executing transactions on the share for such execution. The Exchange the amount of revenue shared with Exchange shall pay, in such manner and shall pass on to the member displaying Designated Dealers exceed SOR. To the at such times as the Exchange shall the quote/order executed against $0.003 extent market data revenue is subject to direct, a Regulatory Transaction Fee per share and the Exchange shall retain any adjustment, SOR revenue may be equal to (i) the rate determined by the $0.001 per share. adjusted accordingly. Commission to be applicable to covered (2) Designated Dealers acting as (k) Tape ‘‘B’’ Transactions. Except as sales occurring on the Exchange in ‘‘Dealer of the Day’’ will be charged provided in Paragraph (A)(e)(4) above, accordance with Section 31 of the Act $0.0025 per share ($0.25/100 shares) for the Exchange will not impose a multiplied by (ii) the member’s principal transactions. transaction fee on Consolidated Tape aggregate dollar amount of covered sales (3) Contributing Dealers will be ‘‘B’’ securities. In addition, Members occurring on the Exchange during any charged $0.02 per share ($2.00/100 will receive a 50 percent pro rata computational period. shares) for principal transactions. transaction credit of gross Tape ‘‘B’’ (r) Workstation Fee. Every member (4) Members executing principal revenue; provided that, however, using the Exchange Workstation shall be transactions in securities for which they calculation of the transaction credit will charged $1,000.00 per device per are not registered as a Designated or be based on net Tape ‘‘B’’ revenues in month. Contributing Dealer will be charged those fiscal quarters where the overall B. Membership Fees. $0.02 per share ($2.00/100 shares). revenue retained by the Exchange does Item Fee (h)(1) Preferenced Transactions. not offset actual expenses and working Designated Dealers that are preferencing capital needs. To the extent market data Yearly Membership Dues (Quar- transactions in Tape A securities are revenue from Tape ‘‘B’’ transactions is charged for one side of their preferenced terly Charge $625) ...... $2,500 subject to any adjustment, credits New Member Application Fee .... 1,000 transactions and are subject to the provided under this program may be Transfers ...... 350 incremental rates as noted below: adjusted accordingly. Responsible Party Change (l) Reserved. Firm Registration/Name Change Avg. daily principal share* Charge per volume share (m) DD Issue/Book Fees. Designated Dealers will be charged a monthly book C. Transaction Credit De Minimis. For 1 to 250,000 ...... $0.0015 fee based on the following incremental all rebates applicable to Tape A and 250,001 to 500,000 ...... 0.0013 schedule: Tape B Transactions, no member shall 500,001 to 750,000 ...... 0.0009 be eligible for a rebate for any quarter 750,001 to 1,250,000 ...... 0.0007 unless the total rebate calculation for Number of issues Fee per 1,250,001 and higher ...... 0.0005 issue that quarter exceeds $500.00.] (a) An ETP Holder shall maintain a * Odd-lot shares excluded. 0 to 150 ...... $30.00 list of ATs who may obtain access to the (2) Dealers executing preferencing 151 to 300 ...... 20.00 System on behalf of the ETP Holder or 301 to 500 ...... 15.00 transactions in Tape C securities are 501 and higher ...... 2.00 the ETP Holder’s Sponsored charged for one side of their preferenced Participants. The ETP Holder shall

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update the list of ATs as necessary. ETP business on the Exchange as determined quotations in the NSX Book and at away Holders must provide the list of ATs to pursuant to Rule 11.1, or after the trading centers to be executed in the Exchange upon request. closing of the regular trading session for accordance with Rule 11.15(b). (b) An ETP Holder must have such security on its Listing Exchange, (B) A Full Sweep Order will be reasonable procedures to ensure that all will be rejected. converted into one or more limit orders ATs comply with all Exchange Rules (3) Day + Order. A limit order to buy with sizes equal to the sizes of the best and all other procedures related to the or sell which, if not executed, expires at available quotations (including manual System. the closing of business on the Exchange quotations) in the NSX Book and at (c) An ETP Holder must suspend or (as determined pursuant to Rule 11.1) away trading centers in accordance with withdraw a person’s status as an AT if on the day on which it was entered. Any Rule 11.15(b). the Exchange has determined that the Day + Order entered into the System (C) A Destination Sweep Order will be person has caused the ETP Holder to before the opening of business or after routed to an away trading center fail to comply with the Rules of the the closing of business on the Exchange specified by the User, after the order is Exchange and the Exchange has as determined pursuant to Rule 11.1 exposed to the NSX Book. directed the ETP Holder to suspend or will be rejected. (ii) When entering a Protected Sweep withdraw the person’s status as an AT. (4) Any limit orders entered with a Order or Full Sweep Order, Users shall (d) An ETP Holder must have ‘‘Good ’til Cancel’’ (GTC) or similar designate the Sweep Order as ‘‘Sweep reasonable procedures to ensure that time-in-force term will be automatically and Post,’’ ‘‘Sweep and Cancel,’’ or a the ATs maintain the physical security converted into Day Orders. combination thereof. of the equipment for accessing the (5) Any limit orders entered with a (A) Any unfilled portion of a Sweep facilities of the Exchange to prevent the ‘‘Good ’til Extended Hours’’ (GTX) or Order designated ‘‘Sweep and Post’’ improper use or access to the systems, similar time-in-force term will be following the market sweep described in including unauthorized entry of automatically converted into Day + subsection (i) above will be converted information into the systems. Orders. into a Post Only Order. (c) Other Types of Orders and Order (B) Any unfilled portion of a Sweep Rule 11.11. Orders and Modifiers Modifiers. Order designated ‘‘Sweep and Cancel’’ Users may enter into the System the (1) ITS Order. An order entered into after the completion of the market types of orders listed in this Rule 11.11, the System via the Intermarket Trading sweep described in subsection (i) above subject to the limitations set forth in this System (‘‘ITS’’) as described in Chapter will be cancelled. Rule or elsewhere in these Rules. XIV of these Rules. ITS Orders are (iii) A Sweep Order entered as part of (a) General Order Types. executable in round lots only. All ITS a ‘‘Cross/Sweep’’ message pursuant to (1) Market Order. An order to buy or Orders shall be treated as Immediate-or- Rule 11.12 shall be treated identically to sell a stated amount of a security that Cancel (IOC). a Sweep Order designated ‘‘Sweep and is to be executed at the best price (2) Reserve Order. A limit order with Cancel’’ except as otherwise provided in obtainable when the order reaches the a portion of the quantity displayed Rule 11.12. Exchange. A market order that is (‘‘display quantity’’) and with a reserve (iv) Any order converted from a designated as ‘‘NSX Only’’ will be portion of the quantity (‘‘reserve Protected Sweep Order or Full Sweep cancelled if when reaching the quantity’’) that is not displayed. Order for routing to other trading Exchange, it cannot be executed in (3) Odd Lot Order. An order to buy or centers or for execution against the NSX accordance with Rule 11.15(a)(i) on the sell an odd lot. Odd Lot Orders are only Book shall be marked as an intermarket System. Market orders that are not eligible to be protected quotations if sweep order or ‘‘ISO’’. designated as ‘‘NSX Only’’ and that aggregated to form a round lot. (8) Incoming Intermarket Sweep cannot be executed in accordance with (4) Mixed Lot Order. An order to buy Order. The System will accept incoming Rule 11.15(a)(i) on the System when or sell a mixed lot. Odd lot portions of intermarket sweep orders (as such term reaching the Exchange will be eligible Mixed Lot Orders are only eligible to be is defined in Regulation NMS) from for routing away pursuant to Rule 11.15. protected quotations if aggregated to other trading centers. Such orders must (2) Limit Order. An order to buy or sell form a round lot. be marked ‘‘ISO’’ in order to be eligible a stated amount of a security at a (5) Post Only Order. A limit order that for treatment as an intermarket sweep specified price or better. A ‘‘marketable’’ is to be posted on the Exchange and not order. Such orders, if appropriately limit order is a limit order to buy (sell) routed away to another trading center. marked, will be considered immediate- at or above (below) the Protected NBBO A Post Only Order will be rejected or-cancel (IOC) and will be executed offer (bid) for the security. without execution if it is immediately without regard to protected quotations (b) Time-in-Force. Limit orders must marketable when entered. at away markets consistent with have one of the following time-in-force (6) NSX Only Order. An order that is Regulation NMS. terms. to be executed on the Exchange (9) Destination Specific Order. A (1) Immediate-or-Cancel (‘‘IOC’’) pursuant to Rule 11.15(a) or cancelled, market or limit order that instructs the Order. A limit order that is to be without routing away to another trading System to route the order to a specified executed in whole or in part as soon as center. away trading center, after exposing the such order is received, and the portion (7) Sweep Order. A limit order that order to the NSX Book. Users can access not so executed is to be treated as instructs the System to ‘‘sweep’’ the markets offering bids and offers other cancelled. An order designated as IOC market. than protected quotations (i.e., manual is not eligible for routing away pursuant (i) Sweep Orders may be designated quotations) by entering a Destination to Rule 11.15. as ‘‘Protected Sweep,’’ ‘‘Full Sweep,’’ or Specific Order. A Destination Specific (2) Day Order. A limit order to buy or ‘‘Destination Sweep.’’ Sweep Orders not Order must have an order type and a sell which, if not executed, expires at carrying any such designation shall be time-in-force term permitted by this the closing of the regular trading session treated as Protected Sweep Orders. Rule 11.11. for such security on its Listing (A) A Protected Sweep Order will be (d) Cancel/Replace Messages. A User Exchange. Any Day Order entered into converted into one or more limit orders may, by appropriate entry in the the System before the opening of with sizes equal to the sizes of protected System, cancel or replace an existing

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order entered by the User, subject to the (1) The Cross is for at least 5,000 User shall include a unique account following limitations. shares and has an aggregate value of at number or other identifier that enables (i) Orders may only be cancelled or least $100,000; the User to identify the User’s customer replaced if the order has a time-in-force (2) Neither side of the Cross is for the on whose behalf the order is being term other than IOC and if the order has account of the User entering the Cross; entered. not yet been executed. and (b) The System offers two modes of (ii) If an order has been routed to (3) The size of the Cross is greater order interaction selected by Users: another trading center, the order will be than the size of the interest at each side (1) If automatic execution is selected, placed in a ‘‘Cancel Pending’’ state until of the Top of Book; the System shall match and execute the routing process is completed. (4) Following the compliance date for like-priced orders on an order by order Executions that are completed when the Rule 611 of Regulation NMS, the price basis only at the specific instruction of order is in the ‘‘Cancel Pending’’ state of the Cross is equal to or better than the Users. will be processed normally. Protected NBBO. (2) If order delivery and automated (iii) Only the price and quantity terms (e) If either side of a Cross is for the response is selected, the System will of the order may be changed by a account of the User entering the Cross deliver contra-side orders against Replace Message. If a User desires to (a ‘‘Proprietary Cross’’), the User must displayed orders on an order by order change any other terms of an existing comply with Exchange Rule 12.6 (the basis only at the specific instruction of order the existing order must be Customer Priority Rule). Without Users. To be eligible for order delivery cancelled and a new order must be limiting the foregoing, no User shall service, Users must demonstrate to entered. enter a Proprietary Cross if the User is Exchange examiners that the User’s (iv) Notwithstanding anything to the holding a customer order in the security system can automatically process the contrary in these Exchange Rules, no unless the price of the Proprietary Cross inbound order and respond cancellation or replacement of an order improves the price that could have been appropriately within 1⁄2 of a second. If will be effective until the User has received by the customer order by at no response to an inbound order is received written confirmation of the least $0.01. received within 1⁄2 of a second, the cancellation or replacement from the (f) Cross/Sweep. Users may enter a User’s displayed order will be cancelled. Exchange. ‘‘Cross/Sweep’’ message into the System involving both a Sweep Order and a Rule 11.14. Priority of Orders Rule 11.12. Cross Message Cross. (a) Ranking. Orders of Users shall be (a) Subject to the restrictions of this (1) Upon receipt of a Cross/Sweep ranked and maintained in the NSX Rule, Users may enter a cross message message, the System will enter a Book based on the following priority: (a ‘‘Cross’’) instructing the System to Protected Sweep Order for the User’s (1) The highest-priced order to buy (or match for execution the identified buy- account in an amount necessary to lowest-priced order to sell) shall have side of the Cross with the identified sell- execute against all protected quotations priority over all other orders to buy (or side of the Cross at a specified price (the that, if not swept, would prohibit the orders to sell) in all cases. ‘‘cross price’’). Cross from being executed by the (2) Where orders to buy (or sell) are (b) Except as provided in paragraphs System pursuant to paragraph (b) made at the same price, the order (c), (d) or (f) below, no Cross will be above. The Cross will be executed on the clearly established as the first entered executed by the System, unless: System simultaneously with the Sweep into the System at such particular price (1) The buy-side of the Cross is at a Order, unless the Protected Sweep Order shall have precedence at that price, up price less (by at least $0.01 per share) would be for an amount of shares in to the number of shares of stock than the lowest displayed order to sell excess of the size of the Cross, in which specified in the order. in the NSX Book, and (following the case both the Protected Sweep Order (3) In the event that less than the full compliance date for Rule 611 of and the Cross shall be cancelled without size of an order is executed, the Regulation NMS) is at a price equal to execution. unexecuted size of the order shall retain or less than the Protected NBBO offer; (2) No User shall enter a Cross/Sweep priority at the same limit price in and if either side of the Cross is for the accordance with paragraphs (1) and (2) (2) The sell-side of the Cross is at a account of a customer, unless the User above. price greater (by at least $0.01 per share) fully discloses to such customer all of (4) The displayed quantity of a than the highest displayed order to buy the material facts relating to the Sweep Reserve Order shall have time priority in the NSX Book, and (following the Order, including price(s) of the Sweep as of the time of display. If the compliance date for Rule 611 of Order and the fact that the Sweep Order displayed quantity of the Reserve Order Regulation NMS) is at a price equal to is for the account of the User. is decremented such that 99 shares or or greater than the Protected NBBO bid. fewer would be displayed, the displayed (c) Midpoint Cross. A Cross that is Rule 11.13. Proprietary and Agency portion of the Reserve Order shall be priced at the midpoint of the Protected Orders; Modes of Order Interaction refreshed for (i) the original displayed NBBO (or, prior to the compliance date (a) Except as otherwise provided in quantity, or (ii) the entire reserve for Rule 611 of Regulation NMS, at the these Rules, Users may enter proprietary quantity, if the remaining reserve midpoint of the best bid and offer on the orders and agency orders for the quantity is smaller than the original Exchange) (a ‘‘Midpoint Cross’’) may be account of a customer. Proprietary displayed quantity. After the refresh, the executed on the System if it improves orders accepted by the System from displayed portion of the Reserve Order each side of the Top of Book by at least Users are subject to the same ranking shall have time priority as of the time half the minimum increment permitted and execution processes as agency of the refresh. The reserve quantity of a by Rule 11.3(a). orders. A User that enters a proprietary Reserve Order shall have no time (d) Clean Cross. A Cross meeting the order into the System shall mark the priority until displayed. If all displayed following requirements (a ‘‘Clean order with the appropriate designator to orders and displayed portions of Cross’’) may be executed on the System identify the order as proprietary. All Reserve Orders at a given price are at a price equal to or better than each agency orders shall be designated as executed, and following such execution side of the Top of Book: such and with each agency order, the any marketable contra-side orders

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remain outstanding, then such contra- for execution against the applicable (i) An order that is routed away may side orders shall be executed against the protected quotation at the Protected be executed in whole or in part subject refreshed displayed portions of Reserve NBBO. No orders routed away pursuant to the applicable trading rules of the Orders at such price based on the time to this subsection (ii) shall be marked relevant trading center. While an order priority as determined by this paragraph ISO. remains outside the System, it shall (4). (iii) Following steps (i) and (ii) above, have no time standing, relative to other (b) Dissemination. The best-ranked unless the terms of the order direct orders received from Users at the same order(s) to buy and the best-ranked otherwise, any unfilled portion of the price which may be executed against the order(s) to sell in the NSX Book and the order originally entered into the System NSX Book. Requests from Users to aggregate displayed size of such orders shall be ranked in the NSX Book in cancel their orders while the order is associated with such prices shall be accordance with the terms of such order routed away to another trading center collected and made available to under Rule 11.14 and such order shall and remains outside the System shall be quotation vendors for dissemination be eligible for execution under this Rule processed, subject to the applicable pursuant to the requirements of Rule 11.15. trading rules of the relevant trading 602 of Regulation NMS. (b) Sweep Orders. center. (ii) Where an order or portion of an Rule 11.15. Order Execution (i) Protected Sweep Orders. A Protected Sweep Order will be matched order is routed away and is not executed Subject to the restrictions on short for execution in the NSX Book in either in whole or in part at the other sales under these Exchange Rules or the accordance with paragraph (a)(i), and trading center (i.e., all attempts at the Act and the rules and regulations will simultaneously be converted into fill are declined or timed-out), the order thereunder, orders shall be matched for one or more additional limit orders, as shall be ranked in the NSX Book in execution by following this Rule. For necessary, with sizes equal to the size of accordance with the terms of such order any execution to occur during Regular each protected quotation that is under Rule 11.14 and such order shall Trading Hours, however, the price must superior (or in the case of a Protected be eligible for execution under this Rule be equal to or better than the Protected Sweep Order designated ‘‘Sweep and 11.15, unless the terms of the order NBBO, unless the order is marked ISO Post’’, superior or equal) to the limit provide otherwise. or unless the execution falls within (d) Display of Automated Quotations. price of the Protected Sweep Order. another exception set forth in Rule The System will be operated as an Each converted limit order will be 611(b) of Regulation NMS. ‘‘automated market center’’ within the routed to the applicable trading center (a) Orders Other than Sweep Orders. meaning of Regulation NMS, and in for execution. (i) Execution against NSX Book. An furtherance thereof, will display (ii) Full Sweep Orders. A Full Sweep incoming order (other than a Sweep ‘‘automated quotations’’ within the Order will be matched for execution in Order) shall first attempt to be matched meaning of Regulation NMS at all times the NSX Book in accordance with for execution against orders in the NSX except in the event that a systems paragraph (a)(i), and will Book. An incoming order to buy (other malfunction renders the System simultaneously be converted into one or than a Sweep Order) will be incapable of displaying automated more additional limit orders, as automatically executed to the extent quotations. The Exchange shall necessary, with sizes equal to the size of that it is priced at an amount that communicate to ETP Holders its each quotation available at an away equals or exceeds any order to sell in procedures concerning a change from trading center that (A) is the best bid or the NSX Book. Such order to buy shall automated to manual quotations. be executed at the price(s) of the lowest offer of a national securities exchange order(s) to sell having priority in the or association, and (B) is superior (or, in Rule 11.16. Trade Execution and NSX Book. An incoming order to sell the case of a Full Sweep Order Reporting (other than a Sweep Order) will be designated ‘‘Sweep and Post’’, superior Executions occurring as a result of automatically executed to the extent or equal) to the limit price of the Full orders matched against the NSX Book that it is priced at an amount that Sweep Order. Each converted limit shall be reported by the Exchange to an equals or is less than any other order to order will be routed to the applicable appropriate consolidated transaction buy in the NSX Book. Such order to sell trading center for execution. reporting system to the extent required shall be executed at the price(s) of the (iii) Destination Sweep Orders. A by the Act and the rules and regulations highest order(s) to buy having priority in Destination Sweep Order will be thereunder. Executions occurring as a the NSX Book. matched for execution in the NSX Book result of orders routed away from the (ii) Routing to Away Trading Centers. in accordance with paragraph (a)(i), and System shall be reported to an Unless the terms of the order direct if it cannot be matched for execution in appropriate consolidated transaction otherwise, if an order (other than a accordance with paragraph (a)(i), will reporting system by the relevant Sweep Order) has not been executed in be routed to the specified away trading reporting trading center. The Exchange its entirety pursuant to paragraph (a)(i) center for execution. shall promptly notify Users of all of this Rule, the order shall be eligible (iv) Any order converted from a executions of their orders as soon as for routing away as follows: Protected Sweep Order or Full Sweep such executions take place. (A) The order will be converted into Order for routing to other trading one or more limit orders, as necessary, centers or for execution against the NSX Rule 11.17. Clearance and Settlement to be matched for execution against Book shall be marked as an intermarket (a) Each ETP Holder must either (1) be each protected quotation at the sweep order or ‘‘ISO’’. a member of a Qualified Clearing Protected NBBO available at away (v) Following the steps described Agency, or (2) clear transactions trading centers. Each such converted above, any unfilled portion of the Sweep executed on the Exchange through limit order shall be priced at the price Order will either be cancelled or ranked another ETP Holder that is a member of of the protected quotation that it is to in the NSX Book in accordance with the a Qualified Clearing Agency. Each be matched for execution against. terms of the Sweep Order. Sponsored Participant must be a (B) Each converted limit order will be (c) Special Rules for Orders Routed to member of a Qualified Clearing Agency. routed to the applicable trading center Other Trading Centers. If an ETP Holder clears transactions

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through another ETP Holder that is a INCLUDING, BUT NOT LIMITED TO, public interest. Each party to the member of a Qualified Clearing Agency FLOOD, EXTRAORDINARY WEATHER transaction shall provide, within thirty (‘‘clearing member’’), such clearing CONDITIONS, EARTHQUAKE OR (30) minutes of the request for review, member shall affirm to the Exchange in OTHER ACTS OF GOD, FIRE, WAR, any supporting written information as writing, through letter of authorization, TERRORISM, INSURRECTION, RIOT, may be reasonably requested by Officer letter of guarantee or other agreement LABOR DISPUTE, ACCIDENT, ACTION to aid resolution of the matter. Either acceptable to the Exchange, its OF GOVERNMENT, party to the disputed trade may request agreement to assume responsibility for COMMUNICATIONS OR POWER the supporting written information clearing and settling any and all trades FAILURE, OR EQUIPMENT OR provided by the other party on the executed by the ETP Holder designating SOFTWARE MALFUNCTION. matter. it as its clearing firm. The rules of any (B) EACH ETP HOLDER EXPRESSLY (c) Review Procedures. such clearing agency shall govern with AGREES, IN CONSIDERATION OF THE (1) Determination by Officer. Unless respect to the clearance and settlement ISSUANCE OF THE ETP, TO RELEASE both parties (or party, in the case of a of any transactions executed by the ETP AND DISCHARGE THE EXCHANGE cross) to the disputed transaction agree Holder on the Exchange. AND ALL EXCHANGE RELATED to withdraw the initial request for (b) Each transaction executed within PERSONS OF AND FROM ALL CLAIMS review, the transaction under dispute the System shall be automatically AND DAMAGES ARISING FROM THEIR shall be reviewed, and a determination processed for clearance and settlement ACCEPTANCE AND USE OF THE shall be rendered by the Officer. If the on a locked-in basis. FACILITIES OF THE EXCHANGE Officer determines that the transaction (c) Except as required by any (INCLUDING, WITHOUT LIMITATION, is not clearly erroneous, the Officer shall Qualified Clearing Agency, the THE SYSTEM). decline to take any action in connection Exchange will reveal the identity of an (C) NEITHER THE EXCHANGE NOR with the completed trade. In the event ETP Holder or ETP Holder’s clearing ANY EXCHANGE RELATED PERSON that the Officer determines that the firm in the following circumstances: MAKES ANY EXPRESS OR IMPLIED transaction in dispute is clearly WARRANTIES OR CONDITIONS TO (1) for regulatory purposes or to erroneous, the Officer shall declare the USERS AS TO RESULTS THAT ANY comply with an order of a court or transaction null and void or modify one PERSON OR PARTY MAY OBTAIN arbitrator; or or more of the terms of the transaction (2) when a Qualified Clearing Agency FROM THE SYSTEM FOR TRADING OR to achieve an equitable rectification of ceases to act for an ETP Holder or the FOR ANY OTHER PURPOSE, AND ALL the error that would place the parties in ETP Holder’s clearing firm, and WARRANTIES OF MERCHANTABILITY the same position, or as close as determines not to guarantee the OR FITNESS FOR A PARTICULAR possible to the same position that they settlement of the ETP Holder’s trades. PURPOSE OR USE, TITLE, AND NON- would have been in, had the error not INFRINGEMENT WITH RESPECT TO 11.18. LIMITATION OF LIABILITY occurred. The parties shall be promptly THE SYSTEM ARE HEREBY (A) NEITHER THE EXCHANGE NOR DISCLAIMED. notified of the determination. ITS AGENTS, EMPLOYEES, (2) Appeal to CEE Panel. If a party CONTRACTORS, OFFICERS, Rule 11.19. Clearly Erroneous affected by a determination made under DIRECTORS, COMMITTEE MEMBERS Executions this Rule so requests within the time OR AFFILIATES (‘‘EXCHANGE (a) Definition. For purposes of this permitted below, the Clearly Erroneous RELATED PERSONS’’) SHALL BE Rule, the terms of a transaction Execution Panel (‘‘CEE Panel’’) will LIABLE TO ANY USER OR ETP executed on the Exchange are ‘‘clearly review decisions made by the Officer HOLDER, OR SUCCESSORS, erroneous’’ when there is an obvious under this Rule, including whether a REPRESENTATIVES OR CUSTOMERS error in any term, such as price, number clearly erroneous execution occurred THEREOF, OR ANY PERSONS of shares or other unit of trading, or and whether the correct adjustment was ASSOCIATED THEREWITH, FOR ANY identification of the security. A made. LOSS, DAMAGES, CLAIM OR transaction made in clearly erroneous (A) The CEE Panel will be comprised EXPENSE: error and cancelled by both parties may of the Exchange’s Chief Regulatory (1) GROWING OUT OF THE USE OR be removed, if the parties do not object, Officer (‘‘CRO’’), or a designee of the ENJOYMENT OF ANY FACILITY OF subject to the approval of the Exchange. CRO, and representatives from two (2) THE EXCHANGE, INCLUDING, (b) Request for Exchange Review. An ETP Holders. WITHOUT LIMITATION, THE SYSTEM; ETP Holder that receives an execution (B) The Exchange shall designate the OR on an order that was submitted ETP Holder representatives to be called (2) ARISING FROM OR OCCASIONED erroneously to the Exchange for its own upon to serve on the CEE Panel as BY ANY INACCURACY, ERROR OR or customer account may request that needed. In no case shall a CEE Panel DELAY IN, OR OMISSION OF OR the Exchange review the transaction include a person related to a party to FROM THE COLLECTION, under this Rule. Such request for review the trade in question. To the extent CALCULATION, COMPILATION, shall be made via telephone, facsimile reasonably possible, the Exchange shall MAINTENANCE, REPORTING OR or e-mail and submitted within fifteen call upon the designated representatives DISSEMINATION OF ANY (15) minutes of the trade in question. to participate on a CEE Panel on an INFORMATION DERIVED FROM THE Upon receipt, the counterparty to the equally frequent basis. SYSTEM OR ANY OTHER FACILITY trade, if any, shall be notified by the (C) A request for review on appeal OF THE EXCHANGE, RESULTING Exchange as soon as practicable. must be made via facsimile or e-mail EITHER FROM ANY ACT OR Thereafter, an Officer of the Exchange within thirty (30) minutes after the party OMISSION BY THE EXCHANGE OR or such other designee of the Exchange making the appeal is given notification ANY EXCHANGE RELATED PERSON, (‘‘Officer’’) shall review the transaction of the initial determination being OR FROM ANY ACT CONDITION OR under dispute and determine whether it appealed. The CEE Panel shall review CAUSE BEYOND THE REASONABLE is clearly erroneous, with a view toward the facts and render a decision within CONTROL OF THE EXCHANGE OR maintaining a fair and orderly market the time frame prescribed by the ANY EXCHANGE RELATED PERSON, and the protection of investors and the Exchange.

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(D) The CEE Panel may overturn or (b) Trading in stocks will halt on the limitation of the Exchange’s ability to modify an action taken by the Officer Exchange and will not re-open for the adopt additional Rules, interpretations under this Rule. All determinations by time periods described in this paragraph or policies relating to short sales. the CEE Panel shall constitute final (b) if the Dow Jones Industrial Average Rule 11.22. Locking or Crossing action by the Exchange on the matter at reaches Level 2 below its closing value Quotations in NMS Stocks issue. on the previous trading day: (d) Abuse of Process. An abuse of the (1) before 12:00 noon Central Time, (a) Definitions. For purposes of this process described in subsections (c) and for two hours; Rule, the following definitions shall (d) above may subject the abusing User (2) at or after 12:00 noon but before apply: to disciplinary action under Chapter 1:00 p.m. Central Time, for one hour; (1) The terms automated quotation, VIII. (3) at or after 1:00 p.m. Central Time, effective national market system plan, (e) System Disruption and for the remainder of the day. intermarket sweep order, manual Malfunctions. In the event of any (c) If the Dow Jones Industrial Average quotation, NMS stock, protected disruption or a malfunction in the use reaches Level 3 below its closing value quotation, regular trading hours, and or operation of any electronic on the previous trading day, trading in trading center shall have the meanings communications and trading facilities stocks will halt on the Exchange and set forth in Rule 600(b) of Regulation of the Exchange, or extraordinary will not reopen for the remainder of the NMS. market conditions or other day. (2) The term crossing quotation shall circumstances in which the nullification (d) On the occurrence of any trading mean the display of a bid for an NMS or modification of transactions may be halt pursuant to this Rule, all stock during regular trading hours at a necessary for the maintenance of a fair outstanding orders in the System will be price that is higher than the price of an and orderly market or the protection of cancelled. offer for such NMS stock previously investors and the public interest exist, Commentary: disseminated pursuant to an effective the Officer, on his or her own motion, .01 Levels 1, 2 and 3 will be national market system plan, or the may review such transactions and calculated at the beginning of each display of an offer for an NMS stock declare such transactions arising out of calendar quarter, using the average during regular trading hours at a price the use or operation of such facilities closing value of the Dow Jones that is lower than the price of a bid for during such period null and void or Industrial Average for the month prior such NMS stock previously modify the terms of these transactions if to the beginning of the quarter. Level 1 disseminated pursuant to an effective the Officer determines that the will be 10% of such average closing national market system plan. transaction(s) are clearly erroneous, or value calculation; Level 2 will be 20% (3) The term locking quotation shall that such actions are necessary for the of such average closing value mean the display of a bid for an NMS maintenance of a fair and orderly calculation; Level 3 will be 30% of such stock during regular trading hours at a market or for the protection of investors average closing value calculation. Each price that equals the price of an offer for and the public interest. Any such action Level will be rounded to the nearest fifty such NMS stock previously of the Officer pursuant to this points. The values of Levels 1, 2 and 3 disseminated pursuant to an effective subsection (e) shall be taken as will remain in effect until the next national market system plan, or the promptly as practicable following calculation. display of an offer for an NMS stock detection of the erroneous transaction. .02 The restrictions in this Rule will during regular trading hours at a price Each ETP Holder involved in the apply whenever the Dow Jones that equals the price of a bid for such transaction shall be notified as soon as Industrial Average reaches the trigger NMS stock previously disseminated practicable, and the ETP Holder values notwithstanding the fact that at pursuant to an effective national market aggrieved by the action may appeal any given time, the calculation of the system plan. such action in accordance with the value of the average may be based on (b) Prohibition. Except for quotations provisions of subsection (c)(2). the prices of less than all of the stocks that fall within the provisions of included in the average. paragraph (d) of this Rule, Users shall Rule 11.20. Trading Halts Due to .03 The reopening of trading reasonably avoid displaying, and shall Extraordinary Market Volatility following a trading halt under this Rule not engage in a pattern or practice of (a) Trading in stocks will halt on the will be conducted pursuant to displaying, any quotations that lock or Exchange and will not reopen for the procedures adopted by the Exchange cross a protected quotation, and any time periods described in this paragraph and communicated by notice to its ETP manual quotations that lock or cross a (a) if the Dow Jones Industrial Average Holders. quotation previously disseminated reaches Level 1 below its closing value .04 Nothing in this Rule should be pursuant to an effective national market on the previous trading day: construed to limit the ability of the system plan. (1) before 1:00 p.m. Central Time, for Exchange to otherwise halt or suspend (c) Manual quotations. If a User one hour; the trading in any stock or stocks traded displays a manual quotation that locks (2) at or after 1:00 p.m. but before 1:30 on the Exchange pursuant to any other or crosses a quotation previously p.m. Central Time, for 30 minutes. Exchange Rule or policy. disseminated pursuant to an effective If the Dow Jones Industrial Average national market system plan, such User Rule 11.21. Short Sales reaches Level 1 below its closing value shall promptly either withdraw the on the previous trading day at or after All short sale orders shall be manual quotation or route an 1:30 p.m. Central Time, trading will identified as either short sale or short intermarket sweep order to execute continue through the facilities of the sale exempt when entered into the against the full displayed size of the Exchange until the close, unless the System. Any marketable order entered locked or crossed quotation. Dow Jones Industrial Average reaches in the System that, if matched for (d) Exceptions. Level 2 below its closing value on the execution, would violate the short sale (1) The locking or crossing quotation previous trading day, at which time provisions of the Act or the rules and was displayed at a time when the trading will be halted for the remainder regulations thereunder shall be trading center displaying the locked or of the day. cancelled. The foregoing shall not be in crossed quotation was experiencing a

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failure, material delay, or malfunction Holder must also have supervisory price of the customer limit order (not of its systems or equipment. systems in place that produce records the quoted price) held by such (2) The locking or crossing quotation that enable the ETP Holder and the [Designated Dealer] ETP Holder. was displayed at a time when a Exchange to accurately and readily * * * * * protected bid was higher than a reconstruct, in a time-sequenced protected offer in the NMS stock. manner, all orders related to each CHAPTER XIV. Intermarket Trading (3) The locking or crossing quotation riskless principal transaction. System Plan was an automated quotation, and the * * * * * * * * * * User displaying such automated quotation simultaneously routed an CHAPTER XII. Trading Practice Rules Rule 14.9. ITS ‘‘Trade-Throughs’’ and ‘‘Locked Markets’’ intermarket sweep order to execute * * * * * against the full displayed size of any (a)–(e) No change. locked or crossed protected quotation. Rule 12.6. Customer Priority (f) This Rule 14.9 shall cease to be (4) The locking or crossing quotation (a)–(c) No change. operational on the compliance date for was a manual quotation that locked or (d) The provisions of paragraphs (a) the provisions of Regulation NMS crossed another manual quotation, and and (b) of this Rule also shall not apply relating to trade-throughs and locked the User displaying the locking or if an ETP Holder engages in trading markets. crossing manual quotation activity to facilitate the execution, on a * * * * * simultaneously routed an intermarket riskless principal basis, of another order sweep order to execute against the full from its customer (whether its own CHAPTER XV. Listed Securities and displayed size of the locked or crossed customer or the customer of another Other Exchange Products manual quotation. member) (the ‘‘facilitated order’’), * * * * * provided that the requirements of Rule Rule 11.23. Riskless Principal 15.10. Portfolio Depositary Receipts Transactions 11.23 are satisfied. Any transaction handled by an ETP Holder on other (1) Applicability. This rule is (a) A ‘‘riskless principal transaction’’ than an agency basis that does not applicable only to Portfolio Depositary is defined as two offsetting principal satisfy the requirements of Exchange Receipts. Except to the extent transaction legs in which an ETP Rule 11.23 remains a transaction that, inconsistent with this rule, or unless the Holder, (i) after having received an unless otherwise exempt, is subject to context otherwise requires, the order to buy a security that it holds for the provisions of paragraphs (a) and (b) provisions of the By-Laws and all other execution on the Exchange, purchases of this Rule. This exemption applies to rules and policies of the Board shall be the security as principal at the same both offsetting transaction legs of a applicable to the trading on the price, exclusive of markups, riskless principal transaction but only to Exchange of such securities. Portfolio markdowns, commissions and other the extent of the actual number of Depositary Receipts are included within fees, to satisfy all or a portion of the shares that are required to satisfy the the definition of ‘‘security’’ or order to buy or (ii) after having received facilitated order. ‘‘securities’’ as such terms are used in an order to sell a security that it holds the By-Laws and Rules of the Exchange. for execution on the Exchange, sells the Interpretations and Policies (2) Definitions. The following terms as security as principal at the same price, .01 If [a Designated Dealer] an ETP used in the Rules shall, unless the exclusive of markups, markdowns, Holder holds for execution on the context otherwise requires, have the commissions and other fees, to satisfy Exchange a customer buy order and a meanings herein specified: all or a portion of the order to sell. customer sell order that can be crossed, (a) Portfolio Depositary Receipt. The (b) A last sale report for only the the [Designated Dealer] ETP Holder term ‘‘Portfolio Depositary Receipt’’ initial offsetting transaction leg of a shall cross them without means a security (i) that is based on a riskless principal transaction shall be interpositioning itself as a dealer. unit investment trust (‘‘Trust’’) which submitted to the respective consolidated .02 For a pilot period lasting through holds the securities which comprise an tape in accordance with the rules and June 30, 2006: index or portfolio underlying a series of procedures of the market where that (a) [A Designated Dealer] An ETP Portfolio Depositary Receipts; (ii) that is transaction leg occurred. A last sale Holder shall be deemed to have violated issued by the Trust in a specified report for the second offsetting Rule 12.6 if, while holding a customer aggregate minimum number in return transaction leg of a riskless principal limit order (as rounded to a penny for a ‘‘Portfolio Deposit’’ consisting of transaction shall not be submitted by increment) representing the NBBO, the specified numbers of shares of stock the Exchange to the respective [Designated Dealer] ETP Holder, for his plus a cash amount; (iii) that, when consolidated tape provided that the own account, trades with an incoming aggregated in the same specified second offsetting transaction leg is market or marketable limit order at a minimum number, may be redeemed submitted to the Exchange for execution price which is less than one penny from the Trust which will pay to the and designated with a riskless principal better than the price of such customer redeeming holder the stock and cash modifier by the ETP Holder. limit order (not the quoted price) held then comprising the ‘‘Portfolio Deposit’; (c) An ETP Holder must have written by such [Designated Dealer] ETP Holder. and (iv) that pays holders a periodic policies and procedures to assure that (b) [A Designated Dealer] An ETP cash payment corresponding to the its riskless principal transactions Holder shall be deemed to have violated regular cash dividends or distributions comply with this Rule. At a minimum Rule 12.6 if, while holding a customer declared with respect to the component these policies and procedures must limit order (as rounded to a penny securities of the stock index or portfolio require that the customer order be increment) at a price outside the NBBO, of securities underlying the Portfolio received prior to the offsetting the [Designated Dealer] ETP Holder, for Depository Receipts, less certain transactions, and that the second his own account, trades with an expenses and other charges as set forth offsetting transaction leg be executed incoming market or marketable limit in the Trust prospectus. within 60 seconds of the initial order at a price which is less than the (b) Reporting Authority. The term offsetting transaction leg. An ETP nearest penny increment to the actual ‘‘Reporting Authority’’ in respect of a

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particular series of Portfolio Depositary for the particular series of Portfolio which may provide for termination if Receipts means the Exchange, an Depositary Receipts. the value of securities in the Trust falls institution (including the Trustee for a (4) Designation of an Index or below a specified amount. series of Portfolio Depositary Receipts), Portfolio. The trading of Portfolio (c) Term—The stated term of the or a reporting service designated by the Depositary Receipts based on one or Trust shall be stated in the Trust Exchange, or by the exchange that lists more stock indices or securities Prospectus. However, a Trust may be a particular series of Portfolio portfolios, whether by listing or terminated under such earlier Depository Receipts (if the Exchange is pursuant to unlisted trading privileges, circumstances as may be specified in trading such series pursuant to unlisted shall be considered on a case by case the Trust prospectus. trading privileges) as the official source basis. The Portfolio Depositary Receipts (d) Trustee—The trustee must be a for calculating and reporting based on each particular stock index or trust company or banking institution information relating to such series, portfolio shall be designated as a having substantial capital and surplus including, but not limited to, any separate series and shall be identified and the experience and facilities for current index or portfolio value; the by a unique symbol. The stocks that are handling corporate trust business. In current value of the portfolio of included in an index or portfolio on cases where, for any reason, an securities required to be deposited to the which Portfolio Depositary Receipts are individual has been appointed as Trust in connection with issuance of based shall be selected by the Exchange trustee, a qualified trust company or Portfolio Depositary Receipts; the or by such other person as shall have a banking institution must be appointed amount of any dividend equivalent proprietary interest in and authorized as co-trustee. payment or cash distribution to holders use of such index or portfolio, and may (e) Voting—Voting rights shall be as of Portfolio Depositary Receipts, net be revised from time to time as may be set forth in the Trust prospectus. The asset value, or other information deemed necessary or appropriate to Trustee of a Trust may have the right to relating to the creation, redemption or maintain the quality and character of vote all of the voting securities of such trading of Portfolio Depositary receipts. the index or portfolio. Trust. (3) ETP Holders shall provide to all (5) Initial and Continued Listing and/ (6) Limitation of Exchange Liability. purchasers of a series of Portfolio or Trading. A Trust upon which a series Neither the Exchange, the Reporting Depositary Receipts a written of Portfolio Depositary Receipts is based Authority nor any agent of the Exchange description of the terms and will be traded on the Exchange, whether shall have any liability for damages, characteristics of such securities, in a by listing or pursuant to unlisted trading claims, losses or expenses caused by form approved by the Exchange, not privileges, subject to application of the any errors, omissions, or delays in later than the time a confirmation of the following criteria: calculating or disseminating any current first transaction in such a series is (a) Commencement of Trading—For index or portfolio value, the current delivered to such purchaser. In each Trust, the Exchange will establish value of the portfolio of securities addition, ETP Holders shall include a minimum number of Portfolio required to be deposited to the Trust; such a written description with any Depositary Receipts required to be the amount of any dividend equivalent sales material relating to a series of outstanding at the time of payment or cash distribution to holders Portfolio Depositary Receipts that is commencement of trading on the of Portfolio Depositary Receipts; net provided to customers or the public. Exchange. asset value; or other information Any other written materials provided by (b) Continued Trading—Following the relating to the creation redemption or an ETP Holder to customers or to the initial twelve month period following trading of Portfolio Depositary Receipts, public making specific reference to a formation of a Trust and resulting from any negligent act or series of Portfolio Depositary Receipts as commencement of trading on the omission by the Exchange, or the an investment vehicle must include a Exchange, the Exchange will consider Reporting Authority, or any agent of the statement in substantially the following the suspension of trading in, removal Exchange or any act, condition or cause form: ‘‘A circular describing the terms from listing of, or termination of beyond the reasonable control of the and characteristics of [the series of unlisted trading privileges for a Trust Exchange or its agent, or the Reporting Portfolio Depositary Receipts] is upon which a series of Portfolio Authority, including, but not limited to, available from your broker. It is Depositary Receipts is based under any an act of God; fire; flood; extraordinary recommended that you obtain and of the following circumstances: (i) If the weather conditions; war; insurrection; review such circular before purchasing Trust has more than 60 days remaining riot; strike; accident; action of [the series of Portfolio Depositary until termination and there are fewer government; communications or power Receipts]. In addition, upon request you than 50 record and/or beneficial holders failure; equipment or software may obtain from your broker a of Portfolio Depositary Receipts for 30 or malfunction; or any error, omission or prospectus for [the series of Portfolio more consecutive trading days; or (ii) if delay in the reports of transactions in Depositary Receipts].’’ An ETP Holder the value of the index or portfolio of one or more of the underlying securities. carrying omnibus account for a non-ETP securities on which the Trust is based is The Exchange makes no warranty, Holder broker-dealer is required to no longer calculated or available; or (iii) express or implied, as to the results to inform such non-ETP Holder that if such other event shall occur or be obtained by any person or entity from execution of an order to purchase a condition exists which in the opinion of the use of Portfolio Depositary Receipts series of Portfolio Depositary Receipts the Exchange, makes future dealings on or any underlying index or data for such omnibus account will be the Exchange inadvisable. included therein and the Exchange deemed to constitute agreement by the Upon termination of a Trust, the makes no express or implied warranties, non-ETP Holder to make such written Exchange requires that Portfolio and disclaims all warranties or description available to its customers on Depositary Receipts issued in merchantability or fitness for a the same terms as are directly connection with such Trust be removed particular purpose with respect to applicable to ETP Holders under this from Exchange listing or have their Portfolio Depositary Receipts or any Rule. unlisted trading privileges terminated. A underlying index or data included Upon request of a customer, an ETP Trust may terminate in accordance with therein. This limitation of liability shall Holder shall also provide a prospectus the provisions of the Trust prospectus, be in addition to any other limitation

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contained in the Exchange’s Articles of other person as shall have a proprietary transferred only in round-lot amounts Incorporation, By-Laws or Rules. interest in such Trust Issued Receipts. (or round-lot multiples) of 100 receipts. (4) Initial and Continued Listing. Orders for less than a round-lot Interpretations And Policies Trust Issued Receipts will be traded on multiple, will be executed to the extent .01 The Exchange will trade the Exchange subject to application of of the largest round-lot multiple. pursuant to unlisted trading privileges, the following criteria: Interpretations and Policies Portfolio Depositary Receipts based on (a) Initial Listing—For each Trust, the the Standard and Poor’s Exchange’s Exchange will establish a minimum .01 The Exchange may approve a S&P 500 Index, known as SPDRs. number of Trust Issued Receipts series of Trust Issued Receipts for .02 The Exchange will trade, required to be outstanding at the time of trading, whether by listing or pursuant pursuant to unlisted trading privileges, commencement of trading on the to unlisted trading privileges, pursuant Portfolio Depositary Receipts based on Exchange. to Rule 19b–4(e) under the Act, provided the Standard and Poor’s Exchange’s (b) Continued Listing—Following the that the following criteria are satisfied: S&P MidCap 400 Index, known as initial twelve month period following (a) Each security underlying the Trust MidCap SPDRs. formation of a Trust and Issued Receipt must be registered under Standard & Poor’s’’, ‘‘S&P’’, ‘‘S&P commencement of trading on the Section 12 of the Act; Exchange, the Exchange will consider 500’’, ‘‘Standard & Poor’s 500’’, and (b) Each company whose securities the suspension of trading in or removal ‘‘500’’ are trademarks of the McGraw- are underlying securities for the Trust from listing of a Trust upon which a Hill Companies, Inc. and have been Issued Receipt must have a minimum series of Trust Issued Receipts is based licensed for use by the Exchange. public float of at least $150 million; under any of the following (c) Each security underlying the Trust 15.11. Trust Issued Receipts circumstances: (i) if the Trust has more Issued Receipt must be listed on a (1) Applicability. This rule is than 60 days remaining until national securities exchange or traded applicable only to Trust Issued Receipts. termination and there are fewer than 50 through the facilities of NASDAQ as a Except to the extent inconsistent with record and/or beneficial holders of reported national market system this rule, or unless the context otherwise Trust Issued Receipts for 30 or more security; requires, the provisions of the By-Laws consecutive trading days; (ii) if the Trust (d) Each company whose securities and all the rules and policies of the has more than 50,000 receipts issued are underlying securities for the Trust Board shall be applicable to the trading and outstanding; (iii) if the market value Issued Receipt must have an average on the Exchange of such securities. of all receipts issued and outstanding is daily trading volume of at least 100,000 Trust Issued Receipts are included less than $1,000,000; or (iv) if any other shares during the preceding sixty-day within the definition of ‘‘security’’ or event shall occur or condition exists trading period; (e) Each company whose securities ‘‘securities’’ as such terms are used in which, in the opinion of the Exchange, are underlying securities for the Trust the By-Laws and Rules of the Exchange. makes further dealings on the Exchange Issued Receipt must have an average The Exchange will consider for trading, inadvisable. Upon termination of a daily dollar value of shares traded whether by listing or pursuant to Trust, the Exchange requires that the during the preceding sixty-day trading unlisted trading privileges, Trust Issued Trust Issued Receipts issued in connection with such Trust be removed period of at least $1 million; and Receipts that meet the criteria of this (f) The most heavily weighted security Rule. from Exchange listing. A Trust may terminate in accordance with the in the Trust Issued Receipt cannot (2) Definitions. The following terms as provisions of the Trust prospectus, initially represent more than 20% of the used in the Rules shall, unless the which may provide for termination if overall value of the Trust Issued context otherwise requires, have the the value of securities in the Trust falls Receipt. following meanings herein specified: below a specified amount. 15.12. Index Fund Shares (a) Trust Issued Receipt. A Trust (c) Term—The stated term of the Issued Receipt is a security (a) that is Trust shall be as stated in the Trust (1) Applicability. This Chapter is issued by a trust (‘‘Trust’’) which holds prospectus; however, a Trust may be applicable only to Index Fund Shares. specific securities deposited with the terminated under such earlier Except to the extent inconsistent with Trust; (b) that when aggregated in some circumstances as may be specified in this Chapter, or unless the context specified minimum number, may be the Trust prospectus. otherwise requires, the provisions of the surrendered to the Trust by the (f) Trustee—The Trustee must be a By-Laws and all other rules and policies beneficial owner to receive the trust company or banking institution of the Exchange shall be applicable to securities; and (c) that pays beneficial having substantial capital and surplus the trading on the Exchange of Index owners dividends and other and the experience and facilities for Fund Shares. Index Fund Shares are distributions on the deposited securities, handling corporate trust business. In included within the definition of if any are declared and paid to the cases where, for any reason, an ‘‘security’’ or ‘‘securities’’ as such terms trustee by an issuer of the deposited individual has been appointed as are used in the By-Laws and Rules of the securities. trustee, a qualified trust company or Exchange. (3) Designation. The Exchange may banking institution must be appointed (2) Definitions. The following terms as trade, whether by listing or pursuant to co-trustee. used in the Rules shall, unless the unlisted trading privileges, Trust Issued (g) Voting—Voting rights shall be set context otherwise requires, have the Receipts based on one or more forth in the Trust prospectus. meanings herein specified: securities. The Trust Issued Receipts (5) ETP Holder Obligations. ETP (a) Index Fund Shares means a based on particular securities shall be Holders shall provide to all purchasers security (a) that is issued by an open- designated as a separate series and of newly issued Trust Issued Receipts a end management investment company shall be identified by a unique symbol. prospectus for the series of Trust Issued based on a portfolio of stocks that seeks The securities that are included in a Receipts. to provide investment results that series of Trust Issued Receipts shall be (6) Trading Issues. Trust Issued correspond generally to the price and selected by the Exchange or by such Receipts may be acquired, held, or yield performance of a specified foreign

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or domestic stock index; (b) that is (5) Initial and Continued Listing and/ cannot exceed 25% of the weight of the issued by such an open-end or Trading. Each series of Index Fund index or portfolio, and the five most management investment company in a Shares will be traded on the Exchange, heavily weighted component stocks specified aggregate minimum number in whether by listing or pursuant to cannot exceed 65% of the weight of the return for a deposit of specified unlisted trading privileges, subject to index or portfolio; (iv) The underlying numbers of shares of stock and/or a application of the following criteria: index or portfolio must include a cash amount with a value equal to the (a) Commencement of Trading—For minimum of 13 stocks; and (v) All next determined net asset value; and (c) each Series, the Exchange will establish securities in an underlying index or that, when aggregated in the same a minimum number of Index Fund portfolio must be listed on a national specified minimum number, may be Shares required to be outstanding at the securities exchange or The Nasdaq redeemed at a holders request by such time of commencement of trading on the Stock Market (including the Nasdaq open-end investment company which Exchange. SmallCap Market). will pay to the redeeming holder the (b) Continued Trading—Following the (b) Index Methodology and stock and/or cash with a value equal to initial twelve month period following Calculation. (i) The index underlying a the next determined net asset value. commencement of trading on the series of Index Fund Shares will be (b) Reporting Authority. The term Exchange of a series of Index Fund calculated based on either the market ‘‘Reporting Authority’’ in respect of a Shares, the Exchange will consider the capitalization, modified market particular series of Index Fund Shares suspension of trading, the removal from capitalization, price, equal-dollar or means the Exchange, a subsidiary of the listing, or termination of unlisted modified equal-dollar weighting Exchange, or an institution or reporting trading privileges for such series under methodology; (ii) If the index is service designated by the Exchange or any of the following circumstances: (i) if maintained by a broker-dealer, the its subsidiary as the official source for there are fewer than 50 beneficial broker-dealer shall erect a ‘‘fire-wall’’ calculating and reporting information to holders of the series of Index Fund around the personnel who have access such series, including, but not limited Shares for 30 or more consecutive to information concerning changes and to, any current index or portfolio value; trading days; (ii) if the value of the adjustments to the index and the index the current value of the portfolio of any index or portfolio of securities on which shall be calculated by a third party who securities required to be deposited in the series of Index Fund Shares is based is not a broker-dealer; and (iii) The connection with issuance of Index Fund is no longer calculated or available; or current index value will be Shares; the amount of any dividend (iii) if such other event shall occur or disseminated every 15 seconds over the equivalent payment or cash distribution condition exist which, in the opinion of Consolidated Tape Association’s to holders of Index Fund Shares, net the Exchange, makes further dealings on Network B. asset value, or other information the Exchange inadvisable. Upon (c) Disseminated Information. The relating to the issuance, redemption or termination of an open-ended Reporting Authority will disseminate for trading of Index Fund Shares. management investment company, the each series of Index Fund Shares an Nothing in this section shall imply Exchange requires that Index Fund estimate, updated every 15 seconds, of that an institution or reporting service Shares issued in connection with such the value of a share of each series. This that is the source for calculating and entity be removed from Exchange may be based, for example, upon reporting information relating to Index listing. current information regarding the Fund Shares must be designated by the (c) Voting—Voting rights shall be as required deposit of securities and cash Exchange, the term ‘‘Reporting set forth in the applicable open-end amount to permit creation of new shares Authority’’ shall not refer to an management investment company of the series or upon the index value. institution or reporting service not so prospectus. (d) Initial Shares Outstanding. A designated. Interpretations and Policies minimum of 100,000 shares of a series (3) Disclosure. Upon request of a of Index Fund Shares is required to be customer, ETP Holders shall provide to .01 The Exchange may approve a outstanding at commencement of all purchasers of Index Fund Shares a series of Index Fund Shares for listing trading. prospectus for the series of Index Fund pursuant to Rule 19b–4(e) under the Act (e) Minimal Fractional Trading Shares. provided each of the following criteria is Variation. The minimum fractional (4) Designation. The trading of Index satisfied: trading variation may vary among Fund Shares based on one or more (a) Eligibility Criteria for Index different series of Index Fund Shares securities, whether by listing or Components. Upon the initial listing of but will be set at 1/16th, 1/32nd, or 1/ pursuant to unlisted trading privileges, a series of Index Fund Shares each 64th of $1.00. shall be considered on a case-by-case component of an index or portfolio (f) Hours of Trading. Trading will basis. Each issue of Index Fund Shares underlying a series of Index Fund occur between 9:30 a.m. and either 4:00 shall be based on each particular stock Shares shall meet the following criteria p.m. or 4:15 p.m. for each series of index or portfolio and shall be a as of the date of the initial deposit of Index Fund Shares, as specified by the designated as a separate series and securities to the fund in connection with Exchange. shall be identified by a unique symbol. the initial issuance of shares of such (g) Surveillance Procedures. The The securities that are included in a fund: (i) Component stocks that in the Exchange will utilize existing series of Index Fund Shares shall be aggregate account for at least 90% of surveillance procedures for Index Fund selected by the Exchange or its agent, a the weight of the index or portfolio shall Shares. wholly-owned subsidiary of the have a minimum market value of at (h) Applicability of Other Rules. The Exchange, or by such other person least $75 million; (ii) The component provisions of the Exchange Rules and thereof, as shall have authorized use of stocks shall have a minimum monthly By-Laws will apply to all series of Index such index. Such index or portfolio may trading volume during each of the last Fund Shares. be revised from time to time as may be six months of at least 250,000 shares for .02 The following paragraphs only deemed necessary or appropriate to stocks representing at least 90% of the apply to series of Index Fund Shares maintain the quality and character of weight of the index or portfolio; (iii) The that are the subject of an order by the the index or portfolio. most heavily weighted component stock Securities and Exchange Commission

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exempting such series from certain the places specified in Item IV below. delivery be able to process inbound prospectus delivery requirements under The Exchange has prepared summaries, orders and respond within 1⁄2 of a Section 24(d) of the Investment set forth in Sections A, B, and C below, second.12 Company Act of 1940. The Exchange of the most significant aspects of such With this proposed rule change, the will inform ETP Holders regarding statements. Exchange is proposing to substantially application of these provisions to a revise Chapter XI of its Rules (relating A. Self-Regulatory Organization’s particular series of Index Fund Shares to Trading Rules), in order to Statement of the Purpose of, and by means of an Information Circular incorporate priority rules and other Statutory Basis for, the Proposed Rule prior to commencement of trading in features consistent with the System. In Change such series. The Exchange requires that connection with the proposed changes ETP Holders provide to all purchasers of 1. Purpose to the trading rules, the Exchange is also a series of Index Fund Shares a written Background proposing changes to certain other description of the terms and aspects of its rules as follows: characteristics of such securities, in a The Exchange is proposing a series of 1. Revisions to Chapter I to form prepared by the open-end rule changes in connection with a new incorporate new definitions and other management investment company electronic trading system (the ‘‘System’’) general provisions; issuing such securities, not later than the Exchange is developing to replace 2. One change to Chapter II the time a confirmation of the first the Exchange’s current National concerning the ETP Holder admission transaction in such series is delivered to Securities Trading System (‘‘NSTS’’). process and related provisions; such purchaser. In addition, ETP The Exchange states that the System 3. Revisions to Chapter XV, to Holders shall include such a written would provide for a new trading incorporate provisions relating to description with any sales material platform and structure in order to take specifications for other products (e.g., relating to a series of Index Fund Shares advantage of opportunities in the exchange-traded funds) that are that is provided to customers or the marketplace and the implementation of currently located in Chapter XI of the public. Any other written materials Regulation NMS (‘‘Regulation NMS’’) Exchange’s Rules; and provided by an ETP Holder to customers under the Act, as amended, and the 4. Certain other technical changes in or the public making specific reference rules and regulations thereunder.4 The order to be consistent with the new to a series of Index Fund Shares as an System would have different priority trading rules and related changes being 13 investment vehicle must include a rules than that of NSTS. For example, proposed. statement in substantially the following NSTS and the Exchange’s current Finally, in connection with the new form: ‘‘A circular describing the terms trading rules allow preferencing by System and the proposed changes to the and characteristics of [the series of dealers under certain circumstances.5 Exchange’s trading rules, the Exchange Index Fund Shares] has been prepared The Exchange states that the System is requesting that the Commission by the [open-end management (and the proposed rule change described approve NSX Securities LLC (‘‘NSX investment company name] and is in this submission) would provide for Securities’’) to be a facility (as defined available from your broker or the strict price-time priority execution, with in Section 3(a)(2) of the Act) of the Exchange. It is recommended that you no priority of execution distinction Exchange. 6 obtain and review such circular before made for principal or agency orders. Trading Rules The proposed rule change, as purchasing [the series of Index Fund Chapter XI of the Exchange’s Rules is Shares].’’ amended, also incorporates the trade- 7 proposed to be substantially revised in An ETP Holder carrying an omnibus through rule of Regulation NMS by order to accommodate the proposed account for a non-ETP Holder broker- requiring that, for any execution to new market structure. The Exchange dealer is required to inform such non- occur on the Exchange during regular 8 states that, although certain aspects of ETP Holder that execution of an order trading hours, the price must be equal NSX’s current Chapter XI have been to purchase a series of Index Fund to or better than the national best bid or retained in part, as noted below, for the Shares for such omnibus account will be offer that is a ‘‘protected quotation’’ most part proposed Chapter XI is not deemed to constitute agreement by the within the meaning of Regulation NMS based on current Exchange Rules. In non-ETP Holder to make such written (the ‘‘Protected NBBO’’), unless an general, the proposed Chapter is ordered description available to its customers on exception to the trade-through rule of 9 as follows: (1) Introductory provisions, the same terms as are directly Regulation NMS is available. NSX such as hours of trading and price applicable to ETP Holders under this proposes to route orders that cannot be variations; (2) Registration and rule. executed at the Protected NBBO on the obligations of Market Makers (which are Upon request of a customer, an ETP Exchange to away markets for 10 optional in this proposed market Holder shall also provide a prospectus execution. Finally, with the System structure); (3) Access to the System; (4) for the particular series of Index Fund the Exchange proposes to retain an 11 Types of orders and messages that can Shares. option for order delivery, but to require that Users requesting order be entered into the System; (5) Order * * * * * priority and execution; and (6) II. Self-Regulatory Organization’s 4 17 CFR 242.600 et seq. Clearance and settlement, clearly Statement of the Purpose of, and 5 See current NSX Rule 11.9, particularly NSX erroneous executions, and other Statutory Basis for, the Proposed Rule Rules 11.9(l), (m) and (u). miscellaneous provisions. Change 6 See proposed NSX Rules 11.13 and 11.14. 7 17 CFR 242.611. 12 See proposed NSX Rule 11.13(b). 8 In its filing with the Commission, the ‘‘Regular Trading Hours’’ is defined as between 13 The Exchange states that a proposed new Exchange included statements 8:30 a.m. and 3:00 p.m. Central Time. See proposed Chapter XVI relating to dues, fees, assessments and concerning the purpose of, and basis for, NSX Rule 1.5(R)(1). This is consistent with the other charges and Exchange rebate programs will be definition of ‘‘regular trading hours’’ set forth in the proposal and discussed any filed with the Commission by the Exchange at a Regulation NMS. See 17 CFR 242.600(b)(64). later date. This will replace the Exchange’s current comments it received on the proposed 9 See proposed NSX Rule 11.15. fee schedule contained in NSX Rule 11.10, which rule change, as amended. The text of 10 See proposed NSX Rule 11.15(a)(ii). is being removed in connection with the proposed these statements may be examined at 11 See current NSX Rule 11.9(i). changes to Chapter XI described herein.

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A. Hours of Trading, Units of Trading, No ETP Holder may act as a Market years within three years of the MMAT Price Variations, and Securities Eligible Maker in any security on the Exchange application.24 The Exchange may grant for Trading unless the ETP Holder is registered as a conditional registration as an MMAT 19 Proposed NSX Rule 11.1 generally Market Maker in the security. The subject to conditions the Exchange provides for trading hours as Exchange plans to administer the deems appropriate in the interests of 25 determined by the Board of Directors of Market Maker application process in maintaining a fair and orderly market. the Exchange (the ‘‘Board’’), with notice similar fashion to its administration of The Exchange may also suspend or to ETP Holders.14 Current NSX Rule applications for equity trading permits, withdraw the registration of an MMAT 11.1 provides for specific hours of which is described below. Market if (1) the MMAT has caused its Market trading.15 The Exchange is proposing Makers must file an application for Maker to fail to comply with securities this change to provide greater flexibility registration in the form prescribed by laws or the By-laws, Rules and to respond to market conditions. The the Exchange. When reviewing such procedures of the Exchange; (2) the Exchange is also proposing to set forth applications, the Exchange would MMAT is not properly performing its the specific holidays it observes.16 consider factors such as the applicant’s responsibilities as an MMAT or has NSX Rule 11.2 is proposed to be capital, operations, personnel, technical failed to meet the conditions of changed to define 100 shares as a resources, and disciplinary history. registration described above; or (3) the ‘‘round lot,’’ any amount less than 100 Market Makers must maintain at least Exchange believes suspension or shares as an ‘‘odd lot’’ and any amount the minimum net capital required under withdrawal is in the interest of 20 greater than 100 shares that is not a Rule 15c3–1 under the Act. The maintaining fair and orderly markets to Exchange may suspend or terminate the suspend or withdraw the MMAT’s multiple of a round lot as a ‘‘mixed 26 lot’’.17 The Exchange is also proposing registration of a Market Maker if the registration. The Exchange would also to remove current language in NSX Rule Exchange determines that (1) the Market withdraw the registration of an MMAT 11.2 and elsewhere relating to bonds, as Maker has substantially or continually upon the written request of the ETP failed to engage in dealings in Holder for which the MMAT is it has not traded bonds for many years. 27 The Exchange states that the language accordance with the Exchange Rules; (2) registered. of proposed NSX Rule 11.3(a) is the Market Maker has failed to meet the Proposed NSX Rule 11.7 provides for a registration process for Market Makers identical to the language of current NSX minimum net capital requirements in a particular security. Market Makers Rule 11.3. Proposed NSX Rule 11.3(b) described above; or (3) the Market must register in a particular security by requires that Crosses (as described in Maker has failed to maintain fair and 21 filing a security registration form with proposed NSX Rule 11.12 and Section D orderly markets. A Market Maker may the Exchange. Unless otherwise below) must improve each side of the withdraw its registration by giving provided by the Exchange, such Exchange’s best bid or offer (‘‘Top of written notice to the Exchange, subject registration shall become effective on Book’’) by at least $0.01 per share, to the Exchange’s right to require a minimum prior notice period or to place the first business day following the subject to limited exceptions as such other conditions on withdrawal Exchange’s approval of the described in Section D below. Proposed (and re-registration following registration.28 In considering the NSX Rule 11.4 provides that any class withdrawal) as it deems appropriate in approval of a Market Maker’s of securities listed or admitted to the interests of maintaining fair and registration in a particular security, the unlisted trading privileges on the orderly markets.22 Exchange may consider the Market Exchange may be designated for trading Proposed NSX Rule 11.6 provides for Maker’s financial resources; the Market by the Exchange.18 the registration of Market Maker Maker’s experience, expertise and past B. Market Makers Authorized Traders (‘‘MMATs’’) who performance in making markets; the Proposed NSX Rules 11.5 through are permitted to enter orders for the Market Maker’s operational capability; 11.8 set forth the registration process account of the Market Maker for which the effect on competition among Market and obligations of Market Makers. NSX they are registered. MMATs may be Makers; the Market Maker’s clearing states that Market Makers are purely officers, partners, employees, or other arrangements; and the character of the associated persons of Market Makers, 29 optional in this proposed market market for the security. A Market and must register as an MMAT on the structure. The Exchange states that it Maker may terminate its registration in form prescribed by the Exchange.23 does not expect Market Makers to play a security by giving written notice to the MMATs must successfully complete a a significant role on the Exchange at the Exchange, subject to the Exchange’s ‘‘Series 7’’ examination, unless the outset, but is including these provisions right to require a minimum prior notice Exchange waives this requirement for in order to provide flexibility as it period or impose such other conditions applicant MMATs who have served as expands the System’s functionality to as it deems appropriate in the interests dealer-specialists or market makers on provide for additional order types and of maintaining fair and orderly another national securities exchange or 30 other features that may make Market markets. Proposed NSX Rule 11.7(c) association for at least two consecutive Maker registration more attractive. allows the Exchange to terminate such Proposed NSX Rule 11.5 provides for registration if the Market Maker has not 19 See proposed NSX Rule 11.5(a). Registered met its obligations as set forth in the a registration process for Market Makers. Market Makers will be designated as dealers on the Exchange for all purposes under the Act and the 14 See proposed NSX Rule 11.1(a). rules and regulations thereunder. 24 See proposed NSX Rule 11.6(b)(2). 15 See current NSX Rule 11.1(a). 20 See proposed NSX Rule 11.5(b). 25 See proposed NSX Rule 11.6(b)(4). 16 See proposed NSX Rule 11.1(b). 21 See proposed NSX Rule 11.5(d). 26 See proposed NSX Rule 11.6(c)(1). 17 See proposed NSX Rule 11.2. 22 See proposed NSX Rule 11.5(e). 27 See proposed NSX Rule 11.6(b)(3). 18 This proposed Rule is generally consistent with 23 See proposed NSX Rule 11.6(b). Market Makers 28 Id. current NSX Rule 11.9(b). Current Rules 11.4 and must ensure that their MMATs are in compliance 29 See proposed NSX Rule 11.7(a). 11.5 are proposed to be replaced in their entirety, with NSX Rules and are properly qualified to 30 See proposed NSX Rule 11.7(b). A Market as they relate to trading ex-dividend and related perform market-making activities on the Exchange. Maker may also withdraw temporarily from its issues that will no longer apply because no orders See proposed NSX Rule 11.6(b)(5). Market Makers Market Maker status in a security if legal or will remain in the System beyond a single trading are responsible for the acts and omissions of their regulatory requirements necessitate. See proposed day. MMATs. See proposed NSX Rule 11.8(c). NSX Rule 11.8(e).

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Exchange Rules or has not maintained Sponsored Participant.38 The Sponsored orders would expire at the closing of fair and orderly markets. Participant must also (1) agree to trading on the exchange where the Proposed NSX Rule 11.8 sets forth comply with the Exchange’s Rules and security is listed. Unexecuted Day + certain obligations of Market Makers. procedures as if the Sponsored orders would expire at the closing of Market Makers generally must engage in Participant were an ETP Holder; (2) trading on NSX.45 Other order types a course of dealings for their own maintain a current list of its Authorized permitted to be entered into the System account to assist in the maintenance of Traders who may access the System on include Reserve Orders,46 Odd Lot and fair and orderly markets on the behalf of the Sponsored Participant (and Mixed Lot Orders,47 Post Only Orders,48 Exchange.31 Market Makers are provide such list to the Sponsoring ETP and NSX Only Orders.49 specifically required, among other Holder and the Exchange on request); A Sweep Order type is provided for things, to maintain continuous limit (3) familiarize its Authorized Traders in proposed NSX Rule 11.11(c)(7). A orders to buy and sell for round lots in with the Sponsored Participant’s Sweep Order that is designated as a those securities in which Market Makers obligations and assure that they receive ‘‘Protected Sweep Order’’ would be is registered to trade; to comply with all appropriate training; (4) take reasonable converted into one or more limit orders Exchange Rules; to inform the Exchange security precautions to prevent access to to be matched for execution against of a material change in the financial or the System by anyone other than the protected quotations on the Exchange operation condition or in the personnel Sponsored Participant’s Authorized and at away markets to the extent the of the Market Maker; to maintain a Traders; and (5) establish adequate prices of such protected quotations are current list of MMATs and provide an procedures and controls to effectively superior to the limit price of the Sweep updated version of this list to the monitor the Sponsored Participant’s Order.50 A Sweep Order that is employees, agents and customers’ use designated as a ‘‘Full Sweep Order’’ Exchange upon any change in MMATs; 39 and to clear and settle transactions and access to the System. The would be converted into one or more through the facilities of a registered Exchange intends to administer the limit orders to be matched for execution clearing agency.32 Substantial or Sponsored Participant access provisions against the best available quotation on continued failure to comply with these of proposed NSX Rule 11.9 in a fashion the Exchange and each other market requirements may subject a Market similar to its current non-member give- (automated and manual) with a price up rule.40 Maker to suspension or revocation of superior to the limit price of the Sweep Proposed NSX Rule 11.10 requires the Market Maker’s registration in one Order.51 The Exchange states that all that ETP Holders maintain a list of or more securities, or other disciplinary Authorized Traders (‘‘ATs’’) who may 45 action.33 See proposed NSX Rule 11.11(b)(2)–(5). obtain access to the System on behalf of 46 A Reserve Order is a limit order with a portion C. Access to the System and Authorized the ETP Holder or the ETP Holder’s of the quantity displayed (the ‘‘displayed quantity’’) Traders Sponsored Participant, and requires that and with a reserve, or undisplayed, portion of the quantity (‘‘reserve quantity’’). See proposed NSX an ETP Holder provide such list to the Rule 11.11(c)(2). Orders may be entered on the System 41 Exchange upon request. An ETP 47 See proposed NSX Rule 11.11(c)(3)–(4). Odd only by Users who have obtained Holder must have reasonable Lot and Mixed Lot Orders are only eligible to be authorized access by entering into a procedures to ensure that its ATs (1) protected quotations if aggregated to form a round User Agreement with the Exchange in comply with all Exchange Rules and lot. the form prescribed by the Exchange.34 other procedures relating to the System; 48 A Post Only Order is a limit order that is to In addition to ETP Holders, non-ETP be posted on the Exchange and not routed away to and (2) maintain the physical security of another trading center. A Post Only Order will be Holders may enter into User Agreements the System and the equipment used to rejected without execution if it is immediately and thereby access the System, subject access it.42 An ETP Holder must marketable on the System when entered. See to the requirements of proposed NSX suspend or withdraw a person’s status proposed NSX Rule 11.11(c)(5). Rule 11.9. A non-ETP Holder accessing 49 An NSX Only Order is an order that is to be as an AT if the Exchange so directs after cancelled (without routing away to another trading the System is known as a ‘‘Sponsored determining that the AT has caused the center) if it cannot be executed on the Exchange 35 Participant.’’ A Sponsored Participant, ETP Holder to fail to comply with the within the System’s execution parameters. See to obtain access to the System, must be Exchange Rules.43 proposed NSX Rule 11.11(c)(6). a registered broker or dealer and a self- 50 See proposed NSX Rule 11.11(c)(7)(i)(A). A clearing member of a qualified clearing D. Types of Orders and Messages That Protected Sweep Order that is designated ‘‘Sweep 36 May Be Entered Into the System and Post’’, meaning the unfilled portion of the agency (‘‘Qualified Clearing Agency’’), Sweep Order following the market sweep will be and must enter into an agreement with Proposed NSX Rule 11.11 allows posted on the NSX Book, will be converted into one a Sponsoring ETP Holder 37 pursuant to Users (i.e., ETP Holders and Sponsored or more limit orders and matched for execution which the Sponsoring ETP Holder Participants) to enter market orders and against protected quotations with prices superior or equal to the limit price of the Protected Sweep agrees to be responsible for any and all limit orders with various time-in-force Order. See proposed NSX Rules 11.11(c)(7)(ii); actions taken by or on behalf of the terms and other modifiers. The System 11.15(b)(i). would not allow a time-in-force term If a limit order that has been converted from a 44 31 See proposed NSX Rule 11.8(a). longer than Day +. Unexecuted Day Protected Sweep Order cannot be executed against the protected quotation that it was routed to execute 32 See proposed NSX Rule 11.8(a). against because the protected quotation is no longer 33 38 See proposed NSX Rule 11.9(b). The See proposed NSX Rule 11.8(d). Current NSX available (due to a race condition), the limit order Sponsoring ETP Holder must also agree to pay Rules 11.6 through 11.9, which relate to various will be available for execution against other orders when due any amounts arising from the Sponsored types of trading on the Exchange, are proposed to in the applicable market that are priced the same Participant’s access to the System. See proposed be replaced in their entirety with the proposed as or better than such limit order. Rules described herein. NSX Rule 11.9(b)(2)(B)(iii). 51 See proposed NSX Rule 11.11(c)(7)(i)(B). A Full 34 See proposed NSX Rule 11.9(a). 39 See proposed NSX Rule 11.9(b)(2)(D)–(H). 40 Sweep Order that is designated ‘‘Sweep and Post’’, 35 See proposed NSX Rule 1.5(S)(1). See Interpretation and Policy .03 of Section 2.4 meaning the unfilled portion of the Sweep Order of the NSX Rules. 36 ‘‘Qualified Clearing Agency’’ is defined in following the market sweep will be posted on the 41 proposed NSX Rule 15(Q)(1) as a clearing agency See proposed NSX Rule 11.10(a). NSX Book, will be converted into one or more limit registered with the Commission pursuant to Section 42 See proposed NSX Rule 11.10(b), (d). orders and matched for execution against the best 17A of the Act that is deemed qualified by the 43 See proposed NSX Rule 11.10(c). available quotation on the Exchange and each other Exchange. 44 See proposed NSX Rule 11.11(a)(3), which market (automated and manual) with a price 37 See proposed NSX Rule 1.5(S)(2). defines a Day + Order type. superior or equal to the limit price of the Full

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limit orders converted from Protected Cross may improve the Top of Book by selecting order delivery demonstrate Sweep Orders and Full Sweep Orders as little as one-half the minimum their ability to automatically process the would be deemed intermarket sweep increment provided in NSX Rule inbound order and respond orders under Regulation NMS 52 and 11.3(a), if it is priced at the midpoint of appropriately within 1⁄2 a second. If no shall be so marked.53 A Sweep Order the Protected NBBO (or, prior to the response to an inbound order is designated ‘‘Destination Sweep Order’’ compliance date for Rule 611 of received within 1⁄2 a second from a User would be routed to an away trading Regulation NMS, if it is priced at the selecting order delivery, the User’s center specified by the User, after the midpoint of the best bid and offer on the displayed order would be cancelled.65 order has been exposed to the System’s Exchange).59 A Clean Cross may be The Exchange is proposing to change electronic file of orders (the ‘‘NSX executed on the System at a price equal the required response time from 1 Book’’).54 The System would also accept to or better than the Top of Book if (i) second to 1⁄2 a second in order to incoming intermarket sweep orders it is for at least 5,000 shares and has an provide the Exchange with a ‘‘buffer’’ to from other markets and would execute aggregate value of at least $100,000, (ii) ensure that the Exchange meets the these consistent with the requirements neither side of the Cross is for the definition of an ‘‘automated trading of Regulation NMS.55 account of the User, (iii) the size of the center’’ under Regulation NMS.66 Based The System would allow Users to Cross is greater than the size of the total on current processing speeds in the enter a ‘‘Destination Specific Order’’ interest on NSX at the Cross price, and securities industry, the Exchange instructing the Exchange to route the (iv) following the compliance date for believes that its Users should have no order to a specified away trading center, Rule 611 of Regulation NMS, it is at a problem complying with this required after exposing the order to the NSX price equal to or better than the response time. 56 Protected NBBO.60 The Exchange states Book. The Exchange states that it has E. Order Priority and Execution included this order type in order to that the requirements of the Midpoint allow Users to access manual markets if Cross and the Clean Cross are Proposed NSX Rules 11.14 and 11.15 they so choose. substantively similar to rules of other set forth the priority and execution Proposed NSX Rule 11.11(e) allows a national securities exchanges.61 parameters of the System. The Exchange User to cancel or replace an existing NSX Rule 11.12(e) requires that all states that orders are prioritized on a order entered into the System by the Users entering a proprietary Cross strict price-time basis, first by price and 67 User, subject to certain limitations.57 No comply with the Exchange’s Customer then by time. Only the displayed cancellation or replacement of an order Priority Rule (i.e., the price of the Cross portion of a Reserve Order has time 68 would be effective until the User has must be better than any customer order priority. received written confirmation of the the User is holding by at least $0.01). A Incoming orders (other than Sweep cancellation and replacement from the User may also post a ‘‘Cross/Sweep’’ Orders) are first matched for execution against orders in the NSX Book.69 Exchange.58 message that enters a Sweep Order for the account of the User sweeping all Proposed NSX Rule 11.15 reflects the Proposed NSX Rule 11.12 allows a 70 User to post a cross message (‘‘Cross’’) protected quotations that are superior to trade-through rule of Regulation NMS on the System if the price of the trade the Cross price, and simultaneously by requiring that, for any execution on is better than the best bid and offer on executes the Cross. In connection with NSX to occur during Regular Trading Hours (i.e., between 8:30 a.m. and 3:00 NSX, and (following the compliance any Cross/Sweep, the User must fully p.m. Central Time), the price must be date for Rule 611 of Regulation NMS) if disclose the material facts relating to the equal to or better than the Protected it is equal to or better than the Protected Sweep Order to any customer for whose NBBO unless the order is marked as an NBBO. Crosses must improve each side account either side of the Cross is being 62 intermarket sweep order or unless of the Top of Book by at least one penny executed. another exception to the trade-through a share, except in the case of a Midpoint Proposed NSX Rule 11.13(a) provides rule of Regulation NMS is available. Cross and a Clean Cross. A Midpoint that proprietary and agency orders shall be subject to the same ranking and Orders that cannot be executed within these parameters are eligible for routing Sweep Order. See proposed NSX Rules execution processes. Users must 11.11(c)(7)(ii); 11.15(b)(ii). identify all orders as either proprietary to away trading centers for execution at If a limit order that has been converted from a or agency, and for all agency orders, the Protected NBBO. Full Sweep Order cannot be executed against the must include an identifier that enables Unless the terms of the order direct quotation that it was routed to execute against the User to identity the User’s customer otherwise, any order other than a Sweep because the quotation is no longer available (due to Order that cannot be executed on the a race condition), the limit order will be available on whose behalf the order is being for execution against other orders in the applicable entered.63 Exchange would be converted into one market that are priced the same as or better than Proposed NSX Rule 11.13(b) contains or more limit orders, as necessary, to such limit order. the Exchange’s proposed order delivery match the price of each protected 52 17 CFR 242.600(b)(30). rule. The Exchange states that this rule quotation at the Protected NBBO 53 See proposed NSX Rule 11.11(c)(7)(iv). is substantively identical to the available at away markets, and these 54 See proposed NSX Rule 11.11(c)(7)(i)(C). Exchange’s current order delivery limit orders would be routed to the 55 See proposed NSX Rule 11.11(c)(9). 64 applicable market for execution against 56 See proposed NSX Rule 11.11(c)(8). rule, except that it requires that Users 57 These limitations include the following: (1) An the applicable protected quotation at the 71 order may only be cancelled or replaced if it has 59 See proposed NSX Rule 11.12(c). Protected NBBO. a time-in-force term longer than immediate-or- 60 See proposed NSX Rule 11.12(d). Pursuant to Unless the terms of the order direct cancel and if the order has not yet been executed; proposed NSX Rule 11.3(b), Clean Crosses may not otherwise, any order not executed in (2) An order routed to another trading center that be executed in increments smaller than those the User wishes to cancel will be placed in a permitted by NSX Rule 11.3(a). 65 See proposed NSX Rule 11.13(b). ‘‘Cancel Pending’’ state until the routing process is 61 See, e.g., PCX Equities, Inc. Rule 7.6(a), 66 completed, and executions received while an order Commentary .05, and Rule 7.31(y) (relating to 17 CFR 242.600(b)(4). is in a ‘‘Cancel Pending’’ state will be processed Midpoint Cross); Boston Stock Exchange Rules 67 See proposed NSX Rule 11.14(a). normally; and (3) Only the price and quantity terms Chapter II, Section 18 (relating to Clean Cross). 68 See proposed NSX Rule 11.14(a)(4). of an order may be changed by a replace message. 62 See proposed NSX Rule 11.12(f). 69 See proposed NSX Rule 11.15(a)(i). See proposed NSX Rule 11.11(e)(i)–(iii). 63 See proposed NSX Rule 11.13(a). 70 17 CFR 242.611. 58 See proposed NSX Rule 11.11(e)(iv). 64 See current NSX Rule 11.9(i). 71 See proposed NSX Rule 11.15(a)(ii).

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full on the Exchange which by its terms specificity the categories of actions for all or a portion of the order to sell.’’75 is not eligible for routing away, or which the Exchange would not be The Exchange states that only the initial which is not executed in full when liable. Second, proposed NSX Rule offsetting transaction leg of an routed away, would be ranked in the 11.8(B) contains an agreement by each appropriately designated riskless NSX Book in accordance with order ETP Holder to release and discharge the principal transaction would be priority rules of proposed NSX Rule Exchange and its related persons from submitted by the Exchange to the 72 11.14. all claims and damages arising from the appropriate consolidated tape.76 An Sweep Orders would be matched for ETP Holder’s use of the facilities of the ETP Holder must have written policies execution in the NSX Book to the extent Exchange (including the System). Third, and procedures to assure compliance possible at the Protected NBBO, and proposed NSX Rule 11.8(C) contains a with this proposed Rule, which must simultaneously converted into one or disclaimer by the Exchange of any and more limit orders and routed to away require (at a minimum) that the all express or implied warranties customer order be received prior to the markets to be matched for execution relating to the System. against quotations in accordance with offsetting transactions, and that the Proposed NSX Rule 11.19 provides for second offsetting transaction leg be the terms of the Sweep Order (as a review process for determining clearly 73 executed within 60 seconds of the described in Section D above). erroneous executions. The process initial offsetting transaction leg.77 The Proposed NSX Rule 11.15(d) states generally involves a review by an that the System would be operated as a Exchange officer upon request of an ETP Exchange’s customer priority rules ‘‘automated market center’’ within the Holder (which must submitted within applicable to proprietary trading would meaning of Regulation NMS, and would 15 minutes of the trade in question), not apply to a riskless principal display automated quotations at all with an appeal to a Clearly Erroneous transaction meeting the standards of times except in the event that a systems Execution Panel available for parties NSX Rule 11.23 that is executed by an malfunction renders the System affected by the officer’s determination.74 ETP Holder to facilitate the execution of incapable of displaying automated 78 Proposed NSX Rule 11.20 a customer order. quotations. The Exchange states that it incorporates the New York Stock would communicate to its ETP Holders Other Proposed Rule Changes Exchange’s ‘‘circuit breaker’’ tests based its procedures relating to any change upon reductions to the Dow Jones A. Chapter I—Adoption, Interpretation, from automated to manual quotations in Industrial Average. Proposed NSX Rule and Application of Rules; Definitions the event of such a systems malfunction. 11.21, relating to short sales, requires F. Other Trading-Related Rules that all short sale orders entered into the Chapter I is proposed to be revised to incorporate certain new definitions and Proposed NSX Rules 11.16 through System be identified either as ‘‘short sale’’ or ‘‘short sale exempt’’. It also other provisions relating to the 11.22 relate to other trading-related proposed trading rule changes described matters such as clearance and provides that any marketable order above. Specifically, proposed NSX Rule settlement, clearly erroneous entered in the System which, if matched 1.4 provides for different effective times executions, trading halts, short sales, for execution, would violate the short of certain of the new trading rules and locked and crossed markets. sale provisions under the Act and, Purposed NSX Rule 11.16 describes the therefore, would be cancelled. described above. Proposed NSX Rule 1.4 Exchange’s trade reporting processes. Proposed NSX Rule 11.22 relates to provides that the Exchange’s proposed Pursuant to proposed NSX Rule 11.16, locking or crossing quotations and is rule relating to Sweep Orders (proposed the Exchange would report all substantively identical to the proposed NSX Rule 11.11(c)(7)(iv)) shall not executions occurring on the System to rule language that was provided to NSX become effective until the compliance an appropriate consolidated transaction and other national securities exchanges date for Rule 611 of Regulation NMS, reporting system to the extent required by the Commission. and provides that the proposed Trading by law, and would promptly notify Proposed NSX Rule 11.23 relates to Rules relating to the trade-through rule Users of all executions of their orders as riskless principal transactions. A and locked and crossed markets (i.e., soon as executions take place. ‘‘riskless principal transaction’’ is proposed NSX Rules 11.15 and 11.22) Proposed NSX Rule 11.17 covers defined as ‘‘two offsetting principal shall only apply to quotations for clearance and settlement. Proposed NSX transaction legs in which an ETP securities subject to the Intermarket Rule 11.17(a) requires that each ETP Holder, (i) after having received an Trading System Plan until the Holder either be a member of a order to buy a security that it holds for compliance date for those sections of Qualified Clearing Agency or clear execution on the Exchange, purchases Regulation NMS relating to trade- transactions executed on the Exchange the security as principal at the same throughs and locked and crossed through another ETP Holder that (i) is price, exclusive of markups, markets, respectively. a member of a Qualified Clearing markdowns, commissions and other Agency and (ii) agrees to be responsible fees, to satisfy all or a portion of the NSX Rule 1.5 is proposed to be for such clearance and settlement. The order to buy or (ii) after having received revised to include a number of Exchange states that trading on the an order to sell a security that it holds additional definitions used in the System would be on an anonymous for execution on the Exchange, sells the proposed changes to Chapter XI. basis. security as principal at the same price, The Exchange states that proposed exclusive of markups, markdowns, 75 Proposed NSX Rule 11.23(a). NSX Rule 11.18 is based on NSX’s commissions and other fees, to satisfy 76 See proposed NSX Rule 11.23(b). current limitation of liability rule set 77 See proposed NSX Rule 11.23(c). ETP Holders must also have supervisory systems that produce forth in NSX Rule 11.9(t), but has been 74 See proposed NSX Rule 11.19(c). In addition to the process provided for in proposed NSX Rule records enabling the ETP Holder and the Exchange expanded in three ways. First, proposed to accurately and readily reconstruct, in a time- NSX Rule 11.18 describes with greater 11.19, the Exchange has adopted internal guidelines concerning clearly erroneous executions. The sequenced manner, all orders related to each Exchange states that its staff uses these guidelines riskless principal transaction. See proposed NSX 72 See proposed NSX Rule 11.15(a)(iii). to help determine what constitutes a clearly Rule 11.23(c). 73 See proposed NSX Rule 11.15(b). erroneous execution. 78 See proposed NSX Rule 12.6(d).

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B. Chapter II—Equity Trading Permits restrictions on trade-throughs and Securities would be subject to exchange and ETP Holders locked and crossed markets that are non-discrimination requirements.82 In Chapter II, relating to ETPs and consistent with Regulation NMS and the Pursuant to Rule 17d–1 under the Act, ETP Holders, Interpretation .03 under Commission’s guidance on these issues. where a member of the Securities NSX Rule 2.4 is proposed to be deleted, The Exchange is not proposing any Investor Protection Corporation is a because it is being substantively additional changes to Chapter XIV member of more than one self-regulatory replaced by proposed NSX Rule 11.9 relating to the Intermarket Trading organization (‘‘SRO’’), the Commission providing for Sponsored Participants. System (‘‘ITS’’) Plan at this time, shall designate to one of such because it understands that the ITS Plan organizations the responsibility for C. Chapter XV—Listed Securities and will be phased out of existence and Other Exchange Products examining such member for compliance replaced with new linkages in the near with the applicable financial Chapter XV is proposed to be revised future in connection with the responsibility rules.83 The SRO to move provisions relating to implementation of Regulation NMS. designated by the Commission is specifications for certain products (e.g. NSX Securities, LLC referred to as a ‘‘Designated Examining index funds) from NSX Rules 11.9(v)– Authority.’’ As noted above, NSX (x) to Chapter XV.79 The Exchange states In connection with the proposed Securities is applying to become an ETP that certain terminology and cross- changes to the trading rules described Holder of the Exchange, and has applied reference changes have been made to above, the Exchange requests that the for membership in the NASD. The these provisions, but no substantive Commission approve NSX Securities, NASD is an SRO not affiliated with NSX changes have been made. LLC (‘‘NSX Securities’’) to be a facility or any of its affiliates. NSX understands (as defined in Section 3(a)(2) of the Act) D. Other Technical Changes To Rules that, once NSX Securities is approved as of the Exchange. a member of the NASD, the NASD The Exchange states that other The Exchange states that NSX would become the Designated technical changes are proposed to be Securities, a wholly-owned subsidiary Examining Authority for NSX Securities made to certain provisions of the NSX of the Exchange, is registering as a pursuant to Rule 17d–1 of the Act with Rules in order to be consistent with the broker-dealer, has applied for the responsibility for examining NSX proposed changes described above. membership in the National Association Securities for compliance with the These changes include the following: of Securities Dealers, Inc. (‘‘NASD’’), applicable financial responsibility rules. 1. A change to Interpretation .01 of and is applying to become an ETP NSX Rule 3.6, requiring that all ETP Holder. The Exchange states that NSX ETP Holders’ use of NSX Securities to Holders who handle customer orders on Securities plans to provide an optional route orders to another Trading Center the Exchange establish and enforce routing service for the Exchange, in would be optional, as described above. fixed standards for queuing and which NSX Securities would route Those ETP Holders who choose to use executing customer orders. This orders to other securities exchanges, the Outbound Routing service of NSX interpretation formerly only applied to facilities of securities exchanges, Securities must sign an NSX Securities Designated Dealers on the Exchange. As automated trading systems, electronic Routing Agreement (which is the position of Designated Dealer is communications networks or other incorporated into the Exchange’s User proposed to be removed in connection brokers or dealers (collectively, Agreement). Among other things, the with the proposed new market ‘‘Trading Centers’’) from the Exchange NSX Securities Routing Agreement structure, this interpretation is proposed (such function of NSX Securities is provides that all orders routed through to be revised to apply to all ETP referred to as the ‘‘Outbound Router’’).81 NSX Securities are subject to the terms and conditions of the Exchange Rules. Holders. NSX states that, as an Outbound 2. NSX Rule 5.5 (relating to ‘‘Chinese Router, NSX Securities would receive The Exchange recognizes that after its Wall’’ procedures) is proposed to be 84 instructions from the Exchange, route demutualization becomes effective, its revised to apply to any ETP Holder that orders to other Trading Centers in ownership of NSX Securities ‘‘ by virtue trades for its own account in a security accordance with those instructions and of NSX Securities being an ETP Holder or has a specialist operation in a be responsible for reporting resulting ‘‘ would be in violation of proposed security.80 85 executions back to the Exchange. In limitations to be set forth in the 3. The interpretations under NSX Exchange Rules, unless the Exchange’s Rule 12.6, the Exchange’s Customer addition, all orders routed through NSX Priority Rule, are proposed to be revised Securities would be subject to the terms 82 See, e.g., Section 6(b)(5) of the Act, 15 U.S.C. to apply to all ETP Holders that conduct and conditions of the Exchange Rules. NSX states that it would regulate the 78f(b)(5). both proprietary and agency trading, 83 17 CFR 240.17d–1. Pursuant to Rule 17d–1 rather than only Designated Dealers. Outbound Router function of NSX under the Act, in making such designation the 4. NSX Rule 14.9, relating to Securities as a facility (as defined in Commission shall take into consideration the Intermarket Trading System ‘‘trade- Section 3(a)(2) of the Act) subject to regulatory capabilities and procedures of the SROs, Section 6 of the Act. As such, the availability of staff, convenience of location, throughs’’ and locked and crossed unnecessary regulatory duplication, and such other markets, is proposed to be deleted Exchange states that the Outbound factors as the Commission may consider germane to simultaneously with the compliance Router function of NSX Securities the protection of investors, the cooperation and date for those provisions of Regulation would be subject to the Commission’s coordination among self-regulatory organizations, continuing oversight. In particular, and and the development of a national market system NMS relating to trade-throughs and for the clearance and settlement of securities locked and crossed markets. The without limitation, under the Act, NSX transactions. Exchange believes this change is states that it is responsible for filing 84 See Securities Exchange Act Release Nos. appropriate because proposed NSX with the Commission rule changes and 53721 (April 25, 2006), 71 FR 26155 (May 3, 2006) fees relating to the NSX Securities (notice of filing of File No. SR–NSX–2006–03) Rules 11.15 and 11.22 provide (‘‘Demutualization Rule Filing’’); and 53963 (June 8, Outbound Router function, and NSX 2006), 71 FR 34660 (June 15, 2006) (order approving 79 See proposed NSX Rules 15.10–15.12. File No. SR–NSX–2006–03). 80 The Rule currently only applies to Designated 81 The optional routing of orders to away markets 85 See proposed NSX Rule 2.10 on page 146 of the Dealers. by the System is described above. Demutualization Rule Filing.

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ownership of NSX Securities is and NSX Securities set forth above change, as amended, is consistent with approved by the Commission. would address the potential conflict of the Act. Comments may be submitted by The Exchange further recognizes that interest with the regulatory any of the following methods: the ownership of NSX Securities by the responsibilities of the Exchange and the Exchange may pose a conflict of interest ownership and operation of NSX Electronic Comments between the regulatory responsibilities Securities by the Exchange. • Use the Commission’s Internet of the Exchange and the broker or dealer Consequently, subject to the proposed comment form (http://www.sec.gov/ activities of NSX Securities. This is undertakings set forth above, the rules/sro.shtml); or because the financial interests of the Exchange requests that the Commission Exchange may conflict with the approve NSX Securities to be a facility • Send an e-mail to rule- responsibilities of the Exchange as an (as defined in Section 3(a)(2) of the [email protected]. Please include File SRO regarding NSX Securities. Act)88 of the Exchange. Number SR–NSX–2006–08 on the The Exchange believes, however, that subject line. such conflict may be mitigated with the 2. Statutory Basis following proposed undertakings of the The Exchange believes the proposed Paper Comments Exchange and NSX Securities. rule change, as amended, is consistent • Send paper comments in triplicate 89 A. Proposed Undertakings with Section 6(b) of the Act in to Nancy M. Morris, Secretary, general, and furthers the objectives of Securities and Exchange Commission, Each of the Exchange and NSX 90 Section 6(b)(5) in particular, in that it 100 F Street, NE, Washington, DC Securities undertakes as follows: is designed to promote just and 1. The Exchange will regulate the 20549–1090. equitable principles of trade and to Outbound Router function of NSX remove impediments to and perfect the All submissions should refer to File Securities as a facility (as defined in mechanism of a free and open market Number SR–NSX–2006–08. This file Section 3(a)(2) of the Act), subject to and a national market system and, number should be included on the Section 6 of the Act. In particular, and generally, in that it protects investors subject line if e-mail is used. To help the without limitation, under the Act, the and the public interest. Commission process and review your Exchange will be responsible for filing comments more efficiently, please use with the Commission rule changes and B. Self-Regulatory Organization’s only one method. The Commission will fees relating to the NSX Securities Statement on Burden on Competition Outbound Router function and NSX post all comments on the Commission’s The Exchange does not believe that Securities will be subject to exchange Internet Web site (http://www.sec.gov/ the proposed rule change, as amended, non-discrimination requirements. rules/sro.shtml). Copies of the 2. NASD, an SRO unaffiliated with will impose any inappropriate burden submission, all subsequent the Exchange or any of its affiliates, will on competition. amendments, all written statements carry out oversight and enforcement C. Self-Regulatory Organization’s with respect to the proposed rule responsibilities as the Designated Statement on Comments on the change that are filed with the Examining Authority designated by the Proposed Rule Change Received From Commission, and all written Commission pursuant to Rule 17d–1 of Members, Participants, or Others communications relating to the the Act with the responsibility for The Exchange has neither solicited proposed rule change between the examining NSX Securities for Commission and any person, other than compliance with the applicable nor received written comments on the proposed rule change, as amended. those that may be withheld from the financial responsibility rules. public in accordance with the 3. An ETP Holder’s use of NSX III. Date of Effectiveness of the provisions of 5 U.S.C. 552, will be Securities to route orders to another Proposed Rule Change and Timing for available for inspection and copying in Trading Center will be optional. Any Commission Action the Commission’s Public Reference ETP Holder that does not want to use NSX Securities may use other routers to Within 35 days of the date of Room. Copies of such filing also will be route orders to other Trading Centers.86 publication of this notice in the Federal available for inspection and copying at 4. NSX Securities will not engage in Register or within such longer period (i) the principal office of the NSX. All any business other than (1) its as the Commission may designate up to comments received will be posted Outbound Router function and (2) any 90 days of such date if it finds such without change; the Commission does other activities it may engage in as longer period to be appropriate and not edit personal identifying approved by the Commission.87 publishes its reasons for so finding or information from submissions. You NSX is reflecting these undertakings (ii) as to which the Exchange consents, should submit only information that in proposed NSX Rule 2.11. the Commission will: you wish to make available publicly. All (a) by order approve such proposed B. Request for Approval submissions should refer to File rule change, as amended; or Number SR–NSX–2006–08 and should In sum, the Exchange believes that the (b) institute proceedings to determine be submitted on or before July 27, 2006. proposed undertakings of the Exchange whether the proposed rule change, as amended, should be disapproved. For the Commission, by the Division of 86 An ETP Holder may choose to enter a Post Only Market Regulation, pursuant to delegated Order or an NSX Only Order into the System. The IV. Solicitation of Comments authority.91 terms of each such order provide that, if the order is not executable on the System, the order will be Interested persons are invited to Nancy M. Morris, cancelled and returned to the ETP Holder, at which submit written data, views, and Secretary. time the ETP Holder could choose to route the order arguments concerning the foregoing, [FR Doc. 06–5961 Filed 7–5–06; 8:45 am] to another market. See proposed NSX Rule including whether the proposed rule 11.11(c)(5)–(6). BILLING CODE 8010–01–P 87 NSX Securities’ outbound routing function 88 includes the clearing functions that it may perform 15 U.S.C. 78c(a)(2). for trades with respect to orders routed to other 89 15 U.S.C. 78f(b). trading centers. 90 15 U.S.C. 78f(b)(5). 91 17 CFR 200.30–3(a)(12).

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Part III

Environmental Protection Agency 40 CFR Part 60 Standards of Performance for Stationary Combustion Turbines; Final Rule

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ENVIRONMENTAL PROTECTION DATES: Effective date:The final rule is through Friday, excluding legal AGENCY effective July 6, 2006. The incorporation holidays. The telephone number for the by reference of certain publications in Public Reading Room is (202) 566–1744, 40 CFR Part 60 the final rule is approved by the and the telephone number for the Air [EPA–HQ–OAR–2004–0490, FRL–8033–4] Director of the Office of the Federal and Radiation Docket Center is (202) Register as of July 6, 2006. 566–1742. RIN 2060–AM79 ADDRESSES: Docket: EPA has established FOR FURTHER INFORMATION CONTACT: Mr. Standards of Performance for a docket for this action under Docket ID Christian Fellner, Combustion Group, Stationary Combustion Turbines No. EPA–HQ–OAR–2004–0490. All Emission Standards Division (C439–01), documents in the docket are listed U.S. EPA, Research Triangle Park, North AGENCY: Environmental Protection electronically on www.regulations.gov. Carolina 27711; telephone number (919) Agency (EPA). Although listed in the index, some 541–4003; facsimile number (919) 541– ACTION: Final rule. information is not publicly available, 5450; e-mail address e.g., CBI or other information whose [email protected]. SUMMARY: This action promulgates disclosure is restricted by statute. standards of performance for new Certain other material, such as SUPPLEMENTARY INFORMATION: stationary combustion turbines in 40 copyrighted material, is not placed on Regulated Entities. Categories and CFR part 60, subpart KKKK. The the Internet and will be publicly entities potentially regulated by this standards reflect changes in nitrogen available only in hard copy form. action are those that own and operate oxides (NOX) emission control Publicly available docket materials are stationary combustion turbines with a technologies and turbine design since available either electronically through heat input at peak load equal to or standards for these units were originally www.regulations.gov or in hard copy at greater than 10.7 gigajoules (GJ) (10 promulgated in 40 CFR part 60, subpart the Air and Radiation Docket, Docket ID million British thermal units (MMBtu)) GG. The NOX and sulfur dioxide (SO2) No. EPA–HQ–OAR–2004–0490, EPA/ per hour that commenced construction, standards have been established at a DC, EPA West, Room B102, 1301 modification, or reconstruction after level which brings the emissions limits Constitution Ave., NW., Washington, February 18, 2005. Regulated categories up to date with the performance of DC. The Public Reading Room is open and entities include, but are not limited current combustion turbines. from 8:30 a.m. to 4:30 p.m., Monday to:

Category NAICS SIC Examples of regulated entities

Any industry using a new stationary combustion turbine as defined in the 2211 4911 Electric services. final rule 486210 4922 Natural gas transmission. 211111 1311 Crude petroleum and natural gas. 211112 1321 Natural gas liquids. 221 4931 Electric and other services, combined.

Worldwide Web (WWW). In addition or criminal proceedings brought by EPA section, and the Director of the Air and to being available in the docket, an to enforce these requirements. Radiation Law Office, Office of General electronic copy of the final rule is Section 307(d)(7)(B) of the CAA Counsel (Mail Code 2344A), U.S. EPA, available on the WWW through the further provides that ‘‘only an objection 1200 Pennsylvania Ave., NW., Technology Transfer Network Website to a rule or procedure which was raised Washington, DC 20004. Organization of This Document. The (TTN Web). Following signature, EPA with reasonable specificity during the following outline is provided to aid in will post a copy of the final rule on the period for public comment (including locating information in this preamble. TTN’s policy and guidance page for any public hearing) may be raised newly proposed or promulgated rules at during judicial review.’’ This section I. Background http://www.epa.gov/ttn/oarpg. The TTN also provides a mechanism for EPA to II. Summary of the Final Rule provides information and technology A. Does the final rule apply to me? convene a proceeding for B. What pollutants are regulated? exchange in various areas of air reconsideration, ‘‘if the person raising C. What is the affected source? pollution control. an objection can demonstrate to EPA D. What emission limits must I meet? Judicial Review. Under section that it was impracticable to raise such E. If I modify or reconstruct my existing 307(b)(1) of the Clean Air Act (CAA), objection within [the period for public turbine, does the final rule apply to me? comment] or if the grounds for such F. How do I demonstrate compliance? judicial review of the final rule is G. What monitoring requirements must I available only by filing a petition for objection arose after the period for public comment (but within the time meet? review in the U.S. Court of Appeals for H. What reports must I submit? specified for judicial review) and if such the District of Columbia by September 5, III. Summary of Significant Changes Since objection is of central relevance to the 2006. Under section 307(d)(7)(B) of the Proposal outcome of the rule.’’ Any person A. Applicability CAA, only an objection to the final rule seeking to make such a demonstration to B. Emission Limitations that was raised with reasonable EPA should submit a Petition for C. Testing and Monitoring Procedures specificity during the period for public Reconsideration to the Office of the D. Reporting comment can be raised during judicial Administrator, U.S. EPA, Room 3000, E. Other IV. Summary of Responses to Major review. Moreover, under section Ariel Rios Building, 1200 Pennsylvania 307(b)(2) of the CAA, the requirements Comments Ave., NW., Washington, DC 20460, with A. Applicability established by today’s final action may a copy to both the person(s) listed in the B. NOX Emission Standards not be challenged separately in any civil FOR FURTHER INFORMATION CONTACT C. Definitions

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V. Environmental and Economic Impacts owners and operators the flexibility to C. What is the affected source? A. What are the air impacts? meet their emission limit targets by B. What are the energy impacts? The affected source for the stationary increasing the efficiency of their combustion turbine NSPS is each C. What are the economic impacts? turbines. VI. Statutory and Executive Order Reviews stationary combustion turbine with a A. Executive Order 12866: Regulatory II. Summary of the Final Rule heat input at peak load equal to or Planning and Review greater than 10.7 GJ (10 MMBtu) per B. Paperwork Reduction Act A. Does the final rule apply to me? hour that commences construction, C. Regulatory Flexibility Act modification, or reconstruction after D. Unfunded Mandates Reform Act Today’s final rule applies to February 18, 2005. Integrated E. Executive Order 13132: Federalism stationary combustion turbines with a gasification combined cycle (IGCC) F. Executive Order 13175: Consultation heat input at peak load equal to or combustion turbine facilities covered by and Coordination with Indian Tribal greater than 10.7 GJ (10 MMBtu) per Governments subpart Da of 40 CFR part 60 (the Utility hour that commence construction, G. Executive Order 13045: Protection of Boiler NSPS) are exempt from the modification, or reconstruction after Children from Environmental Health and requirements of the final rule. February 18, 2005. A stationary Safety Risks Combustion turbine test cells/stands are H. Executive Order 13211: Actions that combustion turbine is defined as all also exempt from the requirements of Significantly Affect Energy Supply, equipment, including but not limited to the final rule. Distribution, or Use the combustion turbine, the fuel, air, I. National Technology Transfer and lubrication and exhaust gas systems, D. What emission limits must I meet? Advancement Act control systems (except emissions J. Congressional Review Act The standards for NOX in the final control equipment), heat recovery rule allow the turbine owner or operator I. Background system, and any ancillary components the choice of a concentration-based or This action promulgates new source and sub-components comprising any output-based emission standard. The performance standards (NSPS) that simple cycle stationary combustion concentration-based limit is in units of apply to stationary combustion turbines turbine, any regenerative/recuperative parts per million by volume (ppmv) at with a heat input at peak load equal to cycle stationary combustion turbine, 15 percent oxygen. The output-based or greater than 10.7 GJ (10 MMBtu) per any combined cycle combustion emission limit is in units of emissions hour, based on the higher heating value turbine, and any combined heat and mass per unit useful recovered energy, (HHV) of the fuel, that commence power combustion turbine based nanograms per Joule (ng/J) or pounds system. Stationary means that the construction, modification, or per megawatt-hour (lb/MWh). The NOX reconstruction after February 18, 2005. combustion turbine is not self-propelled limits, which are presented in table 1 of The NSPS are being promulgated or intended to be propelled while this preamble, differ based on the fuel pursuant to section 111 of the CAA, performing its function. It may, input at peak load, fuel, application, which requires EPA to promulgate and however, be mounted on a vehicle for and location of the turbine. The fuel periodically revise the NSPS, taking into portability. The applicability of the final input of the turbine does not include consideration available control rule is similar to that of 40 CFR part 60, any supplemental fuel input to the heat technologies and the costs of control. subpart GG, except that the final rule recovery system and refers to the rating EPA promulgated the original NSPS for applies to new, modified, and of the combustion turbine itself. The 50 stationary gas turbines in 1979 (44 FR reconstructed stationary combustion MMBtu/h category peak heat input is 52798). Since promulgation of the NSPS turbines, and their associated heat based on the fuel input to a 23 percent for stationary gas turbines, many recovery steam generators (HRSG) and efficient 3.5 megawatt (MW) combustion advances in the design and control of duct burners. The stationary combustion turbine. The 850 MMBtu/h category emissions from stationary combustion turbines subject to subpart KKKK, 40 peak heat input is based on the fuel turbines have occurred. Nitrogen oxides CFR part 60, are exempt from the input to a 44 percent efficient 110 MW requirements of 40 CFR part 60, subpart and SO2 are known to cause adverse combustion turbine. The 30 MW health and environmental effects. The GG. Heat recovery steam generators and category for turbines located north of final rule represents reductions in the duct burners subject to subpart KKKK the Arctic Circle, turbines operating at are exempt from the requirements of 40 NOX and SO2 limits of over 80 and 90 less than 75 percent of peak load, percent, respectively. Today’s action CFR part 60, subparts Da, Db, and Dc. modified and reconstructed offshore allows turbine owners and operators to B. What pollutants are regulated? turbines, and turbines operating at meet either concentration-based or temperatures less than 0°F is based on output-based standards. The output- The pollutants that are regulated by the categories in the original NSPS for based standards in the final rule allow the final rule are NOX and SO2. combustion turbines, subpart GG.

TABLE 1.—NOX EMISSION STANDARDS

Combustion turbine heat input at peak load Combustion turbine type (HHV) NOX emission standard

New turbine firing natural gas, electric gener- ≤ 50 million British thermal units per 42 ppm at 15 percent oxygen (O2) or 290 ng/ ating. hour(MMBtu/h). J of useful output (2.3 lb/MWh). New turbine firing natural gas, mechanical drive ≤ 50 MMBtu/h ...... 100 ppm at 15 percent O2 or 690 ng/J of use- ful output (5.5 lb/MWh). New turbine firing natural gas ...... > 50 MMBtu/h and ≤850 MMBtu/h ...... 25 ppm at 15 percent O2 or 150 ng/J of useful output (1.2 lb/MWh). New, modified, or reconstructed turbine firing > 850 MMBtu/h ...... 15 ppm at 15 percent O2 or 54 ng/J of useful natural gas. output (0.43 lb/MWh). New turbine firing fuels other than natural gas, ≤ 50 MMBtu/h ...... 96 ppm at 15 percent O2 or 700 ng/J of useful electric generating. output (5.5 lb/MWh).

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TABLE 1.—NOX EMISSION STANDARDS—Continued

Combustion turbine heat input at peak load Combustion turbine type (HHV) NOX emission standard

New turbine firing fuels other than natural gas, ≤ 50 MMBtu/h ...... 150 ppm at 15 percent O2 or 1,100 ng/J of mechanical drive. useful output (8.7 lb/MWh). New turbine firing fuels other than natural gas .. > 50 MMBtu/h and ≤ 850 MMBtu/h ...... 74 ppm at 15 percent O2 or 460 ng/J of useful output (3.6 lb/MWh). New, modified, or reconstructed turbine firing > 850 MMBtu/h ...... 42 ppm at 15 percent O2 or 160 ng/J of useful fuels other than natural gas. output (1.3 lb/MWh). Modified or reconstructed turbine ...... ≤ 50 MMBtu/h ...... 150 ppm at 15 percent O2 or 1,100 ng/J of useful output (8.7 lb/MWh). Modified or reconstructed turbine firing natural > 50 MMBtu/h and ≤ 850 MMBtu/h ...... 42 ppm at 15 percent O2 or 250 ng/J of useful gas. output (2.0 lb/MWh). Modified or reconstructed turbine firing fuels > 50 MMBtu/h and ≤ 850 MMBtu/h ...... 96 ppm at 15 percent O2 or 590 ng/J of useful other than natural gas. output (4.7 lb/MWh). Turbines located north of the Arctic Circle (lati- ≤ 30 megawatt (MW) output ...... 150 ppm at 15 percent O2 or 1,100 ng/J of tude 66.5 degrees north), turbines operating useful output (8.7 lb/MWh). at less than 75 percent of peak load, modi- fied and reconstructed offshore turbines, and turbines operating at temperatures less than 0 °F. Turbines located north of the Arctic Circle (lati- > 30 MW output ...... 96 ppm at 15 percent O2 or 590 ng/J of useful tude 66.5 degrees north), turbines operating output (4.7 lb/MWh). at less than 75 percent of peak load, modi- fied and reconstructed offshore turbines, and turbines operating at temperatures less than 0 °F. Heat recovery units operating independent of All sizes ...... 54 ppm at 15 percent O2 or 110 ng/J of useful the combustion turbine. output (0.86 lb/MWh).

We have determined that it is MWh) gross energy output for turbines not required to perform annual stack appropriate to exempt emergency located in noncontinental areas. You testing to demonstrate compliance. If combustion turbines from the NOX can choose to comply with the SO2 limit you are not using water or steam limit. We have defined these units as itself or with a limit on the sulfur injection, you must conduct turbines that operate in emergency content of the fuel. The fuel sulfur performance tests annually following situations. For example, turbines used content limit is 26 ng SO2/J (0.060 lb the initial performance test in order to to supply electric power when the local SO2/MMBtu) heat input for turbines demonstrate compliance. Alternatively, utility service is interrupted are located in continental areas and 180 ng you may choose to demonstrate considered to fall under this definition. SO2/J (0.42 lb SO2/MMBtu) heat input continuous compliance with the use of Stationary combustion turbine test cells/ in noncontinental areas. This is a continuous emission monitoring stands are also exempt from the final approximately equivalent to 0.05 system (CEMS) or parametric rule. Combustion turbines used by percent by weight (500 parts per million monitoring; if you choose this option, manufacturers in research and by weight (ppmw)) fuel oil and 0.4 you are not required to conduct development of equipment for both percent by weight (4,000 ppmw) fuel oil subsequent annual performance tests. combustion turbine emissions control respectively. If you are using a NOX CEMS, the techniques and combustion turbine initial performance test required under E. If I modify or reconstruct my existing efficiency improvements are exempt 40 CFR 60.8 may, alternatively, coincide turbine, does the final rule apply to me? from the NOX limits on a case-by-case with the relative accuracy test audit basis. Given the small number of The final rule applies to stationary (RATA). If you choose this as your turbines that are expected to fall under combustion turbines that are modified initial performance test, you must this category and since there is not one or reconstructed after February 18, 2005. perform a minimum of nine reference definition that can provide an all- The methods for determining whether a method runs, with a minimum time per inclusive description of the type of source is modified or reconstructed are run of 21 minutes, at a single load level, research and development work that provided in 40 CFR 60.14 and 40 CFR within 75 percent of peak (or the highest qualifies for the exemption from the 60.15, respectively. A turbine that is achievable) load. You must use the test NOX limit, we have decided that it is overhauled as part of a maintenance data both to demonstrate compliance appropriate to make these exemption program is not considered a with the applicable NOX emission limit determinations on a case-by-case basis modification if there is no increase in and to provide the required reference only. emissions. method data for the RATA of the CEMS. The emission standard for SO2 is the same for all turbines regardless of size F. How do I demonstrate compliance? G. What monitoring requirements must and fuel type. You may not cause to be In order to demonstrate compliance I meet? discharged into the atmosphere from the with the NOX limit, an initial If you are using water or steam subject stationary combustion turbine performance test is required. If you are injection to control NOX emissions, you any gases which contain SO2 in excess using water or steam injection, you must must install and operate a continuous of 110 ng/J (0.90 lb/MWh) gross energy continuously monitor your water or monitoring system to monitor and output for turbines that are located in steam to fuel ratio in order to record the fuel consumption and the continental areas, and 780 ng/J (6.2 lb/ demonstrate compliance and you are ratio of water or steam to fuel being

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fired in the turbine. Alternatively, you choose not to comply with the SO2 stack you must submit reports of excess could use a CEMS consisting of NOX limit, you must monitor the total sulfur emissions and monitor downtime, in and O2 or carbon dioxide (CO2) content of the fuel being fired in the accordance with 40 CFR 60.7(c). For monitors. During each full unit turbine. There are several options for simple cycle turbines, excess emissions operating hour, each monitor must determining the frequency of fuel must be reported for all 4-hour rolling complete a minimum of one cycle of sampling, consistent with appendix D to average periods of unit operation, operation for each 15-minute quadrant part 75 of this chapter for fuel oil; the including start-up, shutdown, and of the hour. For partial unit operating sulfur content must be determined and malfunctions where emissions exceed hours, at least one valid data point must recorded once per unit operating day for the allowable emission limit or where be obtained for each quadrant of the gaseous fuel, unless a custom fuel one or more of the monitored process or hour in which the unit operates. sampling schedule is used. control parameters exceeds the If you operate any new turbine which Alternatively, you could elect not to acceptable range as determined in the does not use water or steam injection to monitor the total potential sulfur monitoring plan. Combined cycle and control NOX emissions, you must emissions of the fuel combusted in the combined heat and power units use a perform annual stack testing to turbine, if you demonstrate that the fuel 30-day rolling average to determine demonstrate continuous compliance does not exceed 26 ng SO2/J (0.060 lb excess emissions. with the NOX limit. Alternatively, you SO2/MMBtu) heat input for turbines For each affected unit for which you could elect either to use a NOX CEMS located in continental areas and 180 ng perform an annual performance test, or perform continuous parameter SO2/J (0.42 lb SO2/MMBtu) heat input you must submit an annual written monitoring as follows: in noncontinental areas. This report of the results of each performance (1) For a diffusion flame turbine demonstration may be performed by test. without add-on selective catalytic using the fuel quality characteristics in reduction (SCR) controls, you must a current, valid purchase contract, tariff III. Summary of Significant Changes define appropriate parameters sheet, or transportation contract, or Since Proposal indicative of the unit’s NOX formation through representative fuel sampling A. Applicability characteristics, and you must monitor data which show that the potential these parameters continuously; sulfur emissions of the fuel does not The proposed rule applied to owners (2) For any lean premix stationary exceed the standard. Turbines located in and operators of stationary combustion combustion turbine, you must continental areas can demonstrate turbines with a peak power output at continuously monitor the appropriate compliance by burning fuel oil peak load equal to or greater than 1 MW. parameters to determine whether the containing 500 parts per million (ppm) The final rule applies to stationary combustion turbines with a heat input unit is operating in the low NOX or less sulfur or natural gas containing combustion mode; 20 grains or less of sulfur per 100 at peak load equal to or greater than 10.7 (3) For any turbine that uses SCR to standard cubic feet. Turbines located in GJ (10 MMBtu) per hour, based on the reduce NOX emissions, you must noncontinental areas can demonstrate HHV of the fuel. Assuming an efficiency continuously monitor appropriate compliance by burning fuel oil of 23 percent, the final rule applies to parameters to verify the proper containing 0.4 weight percent (4,000 stationary combustion turbines with a operation of the emission controls; and ppm) sulfur or less or natural gas peak output greater than 0.7 MW. (4) For affected units that are also containing 140 grains or less of sulfur Another change from the proposed rule regulated under part 75 of this chapter, per 100 standard cubic feet. is the addition of an exemption for with state approval you can monitor the If you are required to periodically stationary combustion turbine test cells/ NOX emission rate using the determine the sulfur content of the fuel stands. methodology in appendix E to part 75 combusted in the turbine, a fuel sample B. Emission Limitations of this chapter, or the low mass must be collected during the emissions methodology in 40 CFR performance test. For liquid fuels, the The proposed rule established four 75.19, the monitoring requirements of sample for the total sulfur content of the subcategories of turbines based on fuel the turbine NSPS may be met by fuel must be analyzed using American type and turbine size, and different NOX performing the parametric monitoring Society of Testing and Materials emission standards were proposed for described in section 2.3 of appendix E (ASTM) methods D129–00 (Reapproved each subcategory. The proposed of part 75 of this chapter or in 40 CFR 2005), D1266–98 (Reapproved 2003), subcategories were the following: Less 75.19(c)(1)(iv)(H). D1552–03, D2622–05, D4294–03, or than 30 MW and firing natural gas; Alternatively, you can petition the D5453–05. For gaseous fuels, ASTM greater than or equal to 30 MW and Administrator for other acceptable D1072–90 (Reapproved 1999); D3246– firing natural gas; less than 30 MW and methods of monitoring your emissions. 05; D4468–85 (Reapproved 2000); or firing oil or other fuel; and greater than If you choose to use a CEMS or perform D6667–04 must be used to analyze the or equal to 30 MW and firing oil or other parameter monitoring to demonstrate total sulfur content of the fuel. fuel. The final rule has 14 subcategories, continuous compliance, annual stack The applicable ranges of some ASTM which are listed in table 1 of this testing is not required. methods mentioned above are not preamble. Instead of the proposed size If you choose to monitor combustion adequate to measure the levels of sulfur break at 30 MW, the final rule breaks the parameters or parameters indicative of in some fuel gases. Dilution of samples turbines into subcategories of less than proper operation of NOX emission before analysis (with verification of the or equal to 50 MMBtu/h of heat input, controls, the appropriate parameters dilution ratio) may be used, subject to greater than 50 MMBtu/h heat input to must be continuously monitored and the approval of the Administrator. less than or equal to 850 MMBtu/h heat recorded during each run of the initial input, and greater than 850 MMBtu/h performance test to establish acceptable H. What reports must I submit? heat input. Subcategories have been operating ranges. For each affected unit for which you included for modified and reconstructed If you operate any stationary continuously monitor parameters or turbines, heat recovery units operating combustion turbine subject to the emissions, or periodically determine the independent of the combustion turbine, provisions of the final rule, and you fuel sulfur content under the final rule, turbines located north of the Arctic

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Circle, and turbines operating at part the turbine, annual performance tests A. Applicability load. EPA concluded that subcategories must be resumed. Comment: Several commenters based on heat input at peak load rather The sulfur sampling requirements in suggested changing the minimum size than power output are more the final rule also contain some threshold for applicability of the rule, as appropriate. The boiler NSPS standards differences from the proposed proposed. Some suggested 3 MW, while are subcategorized by heat input, and requirements. Acceptable custom others suggested 3.5 MW. Reasons heat input is a better indication than schedules for determining the total included the fact that lean premix power output of available combustion sulfur content of gaseous fuels were technology is not available for turbines controls. Basing categories on heat input added in the final rule. We removed the less than 3 MW, other control options also eliminates the disincentive of statement that was in the proposed rule are not feasible, no commercially turbine redesign that increases that required at least one fuel sample to available small units were identified efficiency and output, but not fuel be collected during each load condition, that can achieve the proposed emission consumption. since we are no longer requiring levels, and no emission test data were The proposed standards for NO were X performance tests to be conducted at provided in the docket for small units. output-based limits in units of multiple loads. Another reason given was that there emissions mass per unit useful was some ambiguity because of the recovered energy, ng/J or lb/MWh. This Finally, the proposed rule required differing minimum size criteria between format has been retained in the final that diffusion flame turbines without the rule, as proposed, and 40 CFR part rule; however, an optional SCR controls continuously monitor at 60, subpart GG. Two commenters concentration-based standard in units of least four parameters indicative of the suggested that EPA clarify that subpart ppmv at 15 percent O has also been unit’s NOX formation characteristics; the 2 KKKK, 40 CFR part 60, is the effective included for each subcategory. final rule does not specify a minimum NSPS, and that 40 CFR part 60, subpart The proposed SO2 emission limits number of parameters that must be were raised slightly in the final rule, continuously monitored by these units. GG, no longer applies for all new, and an additional subcategory was reconstructed, or modified stationary D. Reporting created. Different emission limits were combustion turbines. The commenters said that it is not clear if 40 CFR part provided for turbines located in The reporting requirements in the 60, subpart GG, will no longer apply noncontinental areas; those turbines final rule contain two differences from after the effective date of the final rule. have an SO2 emission limit of 780 ng/ the proposed reporting requirements. Since the minimum size criterion was J (6.2 lb/MWh). The other difference The proposed 40 CFR 60.4395 said that slightly different in the two subparts, from the proposed rule is that turbines reports should be postmarked by the the commenters requested clarification located in Alaska do not have to meet 30th day following the end of each of this issue to avoid future confusion. the SO2 emission limits until January 1, calendar quarter. The proposed rule The commenters requested that EPA 2008. actually required semiannual reports, clarify that 40 CFR part 60, subpart GG, therefore, that section should have read C. Testing and Monitoring Procedures no longer applies after the effective date that the reports should be postmarked The final rule contains several of the final rule. by the end of each 6-month period, and differences from the proposed testing Response: This comment addresses the final rule has been written to correct and monitoring procedures. The the minimum size threshold for the final this error. Also, we specified that performance test for NO is not required rule. In 40 CFR 60.4305 of the rule, as X turbines that are conducting annual to be conducted at four load levels; in proposed, the applicability criteria performance testing should submit the final rule the test must be conducted stated that the applicable units are annual reports with the results of the at one load level that is within plus or turbines with a peak load power output performance testing. minus 25 percent of 100 percent of peak equal to or greater than 1 MW. This load. Testing may be performed at the E. Other minimum size threshold is marginally highest achievable load point, if at least higher than the minimum threshold in 75 percent of peak load cannot be Several modifications were made to 40 CFR part 60, subpart GG, which achieved in practice. We added a the definitions in the proposed rule. The affects turbines with a minimum heat requirement that the ambient definition of efficiency was clarified to input at peak load of 10.7 GJ per hour temperature be greater than 0 °F when indicate that it is based on the HHV of or larger based on the lower heating the test is conducted. Similarly, we the fuel. The definitions for lean premix value of the fuel (approximately 10 specified in the final rule that turbine stationary combustion turbine and MMBtu/h). With a lower heating value owners and operators that are diffusion flame stationary combustion (LHV) thermal efficiency of 23 to 25 continuously monitoring parameters or turbine were modified to alleviate any percent, which is typical at full load for emissions have an alternate limit during potential ambiguity about which older small industrial turbines, this periods when the turbine operates at definition a turbine would fall under. firing rate is equivalent to 0.7 MW. less than 75 percent of peak load or the Lastly, the definition of natural gas was While the difference between the 40 ambient temperature is less than 0 °F. revised to remove references to pipeline CFR part 60, subpart GG, and the A provision was added that allows natural gas. proposed 40 CFR part 60, subpart owners and operators of stationary IV. Summary of Responses to Major KKKK, applicability thresholds was combustion turbines to reduce the Comments initially believed to be minor, the frequency of subsequent NOX natural gas industry representatives performance tests to once every 2 years A more detailed summary of pointed out that there is a class of if the NOX emission result from the comments and our responses can be turbines used in natural gas performance test is less than or equal to found in the Response to Public transmission that fall within this range. 75 percent of the NOX emission limit for Comments on Proposed Standards of Solar Saturn units, which are widely the turbine. If the results of any Performance for Stationary Combustion used in the gas transmission industry, subsequent performance test exceed 75 Turbines document, which can be include a peak load between 0.7 and 1.0 percent of the NOX emission limit for obtained from the docket. MW. While the industry has said that

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not many new units are sold in this subpart KKKK, giving them separate that these new emission limitations range, there are many already in limits under subpart KKKK, or making address the concerns of the commenters. existence, which may be modified or them subject to 40 CFR part 60, subpart Modified and reconstructed offshore reconstructed, which would need to be GG. One commenter recommended that turbines have been given a subcategory addressed by one of the rules. Therefore, units manufactured through 1985 (20 due to the lack of space on platforms for the final rule has been written to years and older) be exempted from the additional controls. include the minimum size applicability requirements of the proposed NSPS, and The subcategories for these turbines threshold of 10.7 GJ per hour. the previous NSPS levels should apply. are based on power output instead of While we do not agree that the size Response: We acknowledge the heat input at peak load. Since the cutoff should be established to exempt commenters’ views, and in the final rule standards for these subcategories are turbines less than 3.5 MW, EPA has there are new subcategories for some similar to 40 CFR part 60, subpart GG, concluded that it is appropriate to create modified and reconstructed units. While EPA used the same categories as subpart a new subcategory. Discussions with we provided more flexibility in the final GG to avoid being less stringent than the turbine manufacturers suggest that a rule for small and medium sized existing emissions standards. subcategory for small turbines, between turbines (ranging from the applicability Comment: Several commenters had the minimum size threshold for the final threshold to 850 MMBtu/h), we had no issues with periods of startup, rule and 50 MMBtu/h (HHV), should be information on large turbines (greater shutdown and malfunction. Some created. This division is based on the than 850 MMBtu/h) which would commenters believed that the averaging fuel input to a 23 percent efficient 3.5 suggest any compliance issues for times that are specified for continuous MW turbine. The only turbine modified or reconstructed units. monitoring (using either a CEMS or identifiable in this size range that can be Therefore, no subcategory was added for parametric monitoring) were too short to used for mechanical drive applications large (greater than 850 MMBtu/h) accommodate such periods. The is a Solar Saturn, and Solar Turbines modified or reconstructed units. commenters believed that exceptions does not plan to further develop dry low Comment: Several commenters should be developed for periods of NOX technology on the Saturn line, nor suggested that EPA include an startup, shutdown and maintenance if 4- does it have that capability at the exemption for offshore turbines, hour averages were maintained. One current time. According to the gas turbines located north of the Arctic commenter suggested 30-day rolling transmission industry representatives, Circle, and turbines in other existing averages, one commenter suggested 24- there are about 300 turbines in this remote locations. Alternatively, the hour rolling averages, and one small size range, comprising over 25 commenters suggested subcategorizing commenter suggested 12-month rolling percent of the existing turbines in gas them separately. The commenters said averages. transmission. None of these units that due to a harsh environment and One commenter wanted clarification include lean premixed combustion. fuel availability and variability, these of the applicability of the NOX Other add-on controls have not been turbines are commonly diffusion flame, standards during periods of startup, applied to the variable load operating and land-based emissions abatement shutdown and malfunction. Two profile characteristic of gas transmission techniques are unsuitable; space commenters pointed out that while equipment, nor would such add-on limitations are also a concern. One these periods of excess emissions were controls be economically feasible for commenter said that the rule, as not considered violations, they might these small units with minimal proposed, would preclude the use of appear to be to State regulatory agencies emissions. Therefore, the final rule has new, modified or reconstructed turbines or the public. Another commenter incorporated a new subcategory of small located in electric utility service in requested that EPA allow sources to turbines, ranging from the applicability Alaska, because of the additional costs permit emissions associated with limit to 50 MMBtu/h. associated with meeting the proposed startup and shutdown events where it is Comment: Several commenters limits. not feasible to have the same emission suggested that modified and Response: EPA has concluded that a profile as normal operating conditions. reconstructed units should be treated subcategory should be created for This commenter requested that a differently than new units. Reasons modified and reconstructed offshore clarification be made that deviating provided by the commenters included turbines and turbines installed north of from a monitored parameter only results costs for retrofitting being excessive, the Arctic Circle to recognize their in excess emissions if emissions and weight and space needs being distinct differences. There is a calculated from that parameter result in prohibitive. One commenter stated that substantial difference in temperature exceeding an emission limit for the there are many existing turbines that between the North Slope of Alaska and averaging period used to demonstrate could be affected by the modification even the coldest areas in the lower 48 compliance. section of the rule for which there is no States. As noted by the commenters, One commenter was particularly cost effective technology that achieves turbine operators on the North Slope of concerned about combined cycle units emissions lower than those suggested by Alaska have experienced problems with with longer startup periods as part of a the commenter. One commenter stated operation of the turbines in lean premix normal startup cycle. The commenter that the terms ‘‘modification’’ and mode, and turbine manufacturers do not felt that this should not constitute a ‘‘reconstruction’’ were not clearly guarantee the performance of their malfunction, and should not be reported defined, and that requiring these units turbines at the ambient temperatures in an excess emissions report. Another to meet the same limits as new units typically found north of the Arctic commenter asked that a reasonable may discourage existing turbine users Circle. Therefore, a subcategory for startup period (up to 24 hours) be from modifying units to improve turbines operated north of the Arctic provided for units with SCR, since efficiency or lower emissions, if such Circle has been established. minimum temperatures must be met. modifications do not ensure compliance With regards to the rest of Alaska, Response: The final rule states that with the limit for new units. EPA concluded that the final rule excess emissions and deviations must Options recommended by the includes limits which will reduce or be recorded during periods of startup, commenters included removing them eliminate the need for add-on controls shutdown, and malfunction. We from the applicability of 40 CFR part 60, for the vast majority of turbines, and recognize that even for well-operated

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units with efficient NOX emission B. NOX Emission Standards obtain. Alternatively, these commenters controls, excess emission ‘‘spikes’’ Comment: Numerous commenters felt that modifications should be made during unit startup and shutdown are recommended that there be some type of to include provisions in equation 4 of 40 CFR 60.4350(f)(3) for waste heat inevitable, and malfunctions of concentration-based standards for NOX. emission controls and process One commenter said that while it recovery when it is installed. One commenter believed that limits equipment occasionally occur. applauds EPA’s proposed shift to should be specified on a concentration However, at all times, including periods output-based standards, they might not basis rather than on an output basis of startup, shutdown, and malfunction, be applicable in all situations. The because some data show that lower 40 CFR 60.11(d) requires affected units commenter said that it is unclear how concentrations can be attained at lower to be operated in a manner consistent the calculation would work for a turbine loads, yet, due to decreased efficiencies with good air pollution control practice with a bypass stack or another situation at lower loads, these emissions would for minimizing emissions. Excess where heat is wasted. In addition, the exceed limitations on an output basis. emissions data may be used to commenter believed that an increased One commenter recommended a NOX determine whether a facility’s operation level of effort for monitoring parameters standard in ppm rather than an output- and maintenance procedures are is required, which creates financial and based standard for alternative fuels. The consistent with 40 CFR 60.11(d). While technical burdens for compliance. The commenter said that in many cases, continuous compliance is not required, commenter recommended that EPA there is no demand for steam or thermal excess emissions during startup, provide an optional concentration-based energy at or near landfills, so combined shutdown, and malfunction must be standard that can be used where data for heat and power projects are reported. Thus, we retained the 4-hour calculating an output-based standard are unwarranted. rolling average period in the final rule unavailable or inappropriate. Response: We have considered the for simple cycle units. We realize that One commenter recommended a commenters’ concerns, and have including units with heat recovery ppmv standard consistent with current included an alternative concentration- under the combustion turbine NSPS regulations, or a separate standard for based limit in the final rule for all adds additional compliance issues for simple cycle and combined cycle units. turbines. Some units have difficulty The commenter cited some of the those units. Boiler NO emissions vary with determining their power output, X following as rationale for its suggestion: over short time periods and short and adding a concentration-based Many State implementation plan averaging times make the output-based emission limit significantly simplifies regulations and best available control options unworkable due to the difficulty the regulation. technology analyses are in ppmv, and in continuously taking full advantage of Comment: Several commenters said 40 CFR part 60, subpart GG, is in ppmv; that turbines operating at partial load the recovered thermal energy. For units efficiency varies over load; carbon might not be able to meet the output- with heat recovery and CEMS, the monoxide (CO) needs to be balanced; based limit. The commenters said that standard is therefore determined on a there are a limited number of units able there are times when combustion 30-day rolling average. Under the to meet output-based limits without turbines will run at partial load previous NSPS, heat recovery units are SCR; and output-based standards add conditions, for example when a facility covered under either subpart Da, Db, or complexity and computational and has not yet geared up to full production Dc, 40 CFR part 60. Those standards measurement uncertainty. Another or when power is available from the grid determine compliance based on a 30- commenter recommended that EPA at a lower cost than can be produced by day rolling average. In recognition of allow optional concentration-based the nonutility. According to the these factors, EPA concluded that a 30- standards (i.e., ppmv corrected to 15 commenters, the turbine efficiency is day rolling average is the appropriate percent oxygen) so that if a source does lower at partial load operation, which averaging time for units that are using not need energy efficiency adjustments leads to higher output-based emissions. recovered thermal energy. Since simple to show compliance, it could choose to Three commenters made the point that cycle turbines are used primarily for measure only emission concentrations many combustion turbines shift out of peaking applications, a 30-day average at the stack. lean premix mode into diffusion flame is not practical for these units. Initial Two commenters said that EPA mode at lower loads, leading to compliance determinations could take should replace the output-based NOX increased NOX emissions. several years, and once a unit is emission limit with a concentration- One commenter requested that the determined to be out of compliance it based standard for turbines less than 30 NOX limits for partial loads be increased could take several years for the 30-day MW, which are primarily mechanical to account for lower thermal efficiencies average to return below the standard. drive units. Similarly, several at partial loads. One commenter commenters said that EPA should suggested that part load operation for In regards to parametric monitoring, a provide optional concentration-based both gas and distillate oil revert to limits deviation from a monitored parameter standards for all non-utility (mechanical set on the basis of corrected NOX only results in excess emissions if the drive) turbines; another solution would concentrations (parts per million by calculations show an exceedence of the be to revise the monitoring approach to volume dry (ppmvd) at 15 percent O2). emission limit. This is clearly reduce cost and burden. The The commenter said that this coincides communicated in the final rule, in the commenters’ rationale was that with operating schedules for existing section entitled ‘‘How do I establish and mechanical drive units do not always General Electric dry low NOX turbines, document a proper parameter include instruments that allow heat which are tuned to yield constant NOX monitoring plan?’’ Regarding the balance calculation of power output, ppm throughout the operating load negative stigma, we cannot determine and are frequently running at partial range. The commenter believed that this how other parties interpret the final loads. limit basis is also advantageous from the rule. It is clear that continuous According to the commenters, a standpoint of compliance monitoring, compliance is not a requirement of the concentration-based limit would since NOX concentration can be final rule during periods of startup, eliminate the need for variables that are measured directly on site when shutdown, and malfunction. difficult to accurately and readily equipped with CEMS. Several

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commenters said that the NOX emission such as annual testing, are required at 1.046 to 1.0 lb/MWh, according to the standards should only apply at full load, ambient temperatures greater than 0 °F commenters. But if EPA intended to and performance testing should be in the final rule. If you are using a CEMS base the efficiency assumption on LHV, conducted at 90 to 100 percent of peak for demonstrating compliance, alternate then the commenters determined that load or the highest load point emissions standards apply when the the limit should be 1.147 lb/MWh. The achievable in practice. The commenters ambient temperature is below 0 °F. We commenters said that even if EPA had said that if EPA does not make this recognize that these temperatures may intended the HHV efficiency, the change, EPA should provide data and increase emissions from the turbine. rounding difference is almost 5 percent analysis supporting the applicability of Comment: A number of commenters for the smaller turbine category, and this the NOX standard at partial load outside had concerns with the efficiencies that could be significant for turbines just of the typical range for manufacturer EPA used to determine the values for meeting the 25 ppmv vendor guarantee. guarantees. the output-based emission standards. Response: We developed alternative One commenter said that the One commenter stated that if EPA concentration-based standards, so that requirement in 40 CFR 60.4400(b) of the retained an output-based NOX standard efficiency is no longer an issue if this proposed rule to perform four tests for units less than 30 MW, EPA should alternative is chosen. In the final rule, between 70 and 100 percent load seems revise the efficiency basis for the we used a baseline efficiency of 23 excessive. The commenter requested standard, which is not supported by the percent for small turbines, 27 percent that this section also clarify that the four docket material for industrial scale for medium turbines, and 44 percent for load points should be based upon the units. Three commenters said that the large turbines. The small turbine ambient conditions and fuel proposed NOX emission standards efficiency is based on the 40 CFR part characteristics realized during the time needed to be revised to reflect the full 60, subpart GG, lowest efficiency, 25 of testing, since ambient temperature range of turbine efficiencies that may be percent based on LHV. The medium can affect the maximum or minimum encountered during operation. Three turbine efficiency is based on the top 90 operating load during a given test commenters said that during the first 5 percent of the medium turbine program. The commenter noted that years of operation, the maximum load efficiencies listed in the 2005 Global operating at greater than 100 percent of that can be achieved can decrease by as Sourcing Guide for Gas Turbine Engines peak load may also be possible, much as 5 percent while the thermal (http://www.dieselpub.com/gsg). The especially during cold (much less than efficiency can decrease by as much as large turbine efficiency is based on the 59 °F) ambient conditions. 2.5 percent. top 90 percent of the combined cycle Response: We indicated in the final One commenter said that 30 percent efficiencies listed in the 2005 Global rule that the NOX performance testing efficiency is not consistently achieved Sourcing Guide for Gas Turbine should be conducted at full load for small simple cycle turbines. The Engines. EPA concluded that these operation, which is defined as plus or commenter recommended using 23 efficiencies are appropriate for turbines minus 25 percent of 100 percent of peak percent efficiency (LHV) at full load for that elect to comply with the output- load, or the highest load physically turbines less than 3.5 MW, and 25 based standard. achievable in practice. Only one load percent efficiency (LHV) at full load for Comment: Several commenters point is required for testing for the the 3.5–30 MW turbines, to ensure that strongly opposed the NOX emission annual performance test. For continuous smaller turbines can achieve the NSPS limits established in the rule, as monitoring, an alternate limit has been at site conditions, which provide proposed. They contended that EPA’s established when the turbine is not variability in efficiency. basis for establishing the limits was operating at full load. Conducting the Four commenters observed that the fundamentally flawed and not annual test at full load is consistent efficiencies on which the proposed representative of current combustion with the Stationary Combustion output-based emissions were based only turbines without the use of add-on Turbines NESHAP, 40 CFR part 63, apply at full loads. One commenter said controls. The commenters said that the subpart YYYY. that the Gas Turbine World proposed limits have no support in the Comment: Several commenters specifications show more than half of all docket’s actual test data, and are the requested that EPA specify that the models less than 30 MW have product of generalizations and faulty emission standards only apply for efficiencies lower than 30 percent. The assumptions about the data, and must ambient temperatures ranging from 0 to commenter also said that lower loads be withdrawn until they can be properly 100 °F. Alternatively, the commenters have lower efficiencies, also many based on the data they cite. asked EPA to provide data and analysis combined cycle units have efficiencies According to the commenters, over 35 supporting the applicability of the NOX less than what EPA assumes. Another percent of the reported emission rates standard at ambient temperatures commenter asserted that EPA’s standard from natural gas-fired units and nearly outside of the typical range for is based on stack tests, conducted at all of those from fuel oil-fired units manufacturer guarantees. Two steady state, so efficiency losses exceed the proposed output-based commenters said that NOX is higher at associated with changing load are not limits. Other concerns with the data lower ambient temperatures, efficiencies captured. In addition, the commenter expressed by the commenters included: are compromised at lower ambient believed that these efficiencies are only Some power ranges are insufficiently temperatures, and cold intake air causes for ‘‘out of the box’’ turbines. represented because there are no data flame stability issues. The commenters Two commenters said that EPA between 80 and 150 MW and there are also noted that EPA data in Alaska does determined the 30 percent value based few data over 160 MW; aeroderivative not cover the winter operating season. on turbine efficiency data in Gas turbines are underrepresented; there The commenter provided some plots of Turbine World, which is based on LHV, were no useable emission rate data for emissions data for operations at low but the commenters believed that EPA several manufacturers; and EPA did not temperatures. may have applied it inappropriately, as consider variability in load and may not Response: EPA concluded that if it were HHV. If EPA had intended to have had adequate data for low turbines do not operate optimally at base the efficiency assumption on HHV, temperatures. Another commenter ambient temperatures below 0 °F. it appears that the limit for turbines less believed that EPA did not heed the Therefore, compliance demonstrations, than 30 MW was rounded down from recommendations of the Gas Turbine

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Association in their November 11, 2004, In the final rule we increased the ppmv with an efficiency of 25 percent memorandum. In addition, this upper limit on the medium turbine for power generation units. For distillate commenter believed that EPA did not category to 850 MMBtu/h. The medium oil turbines 3.5 to 30 MW, the match the population percentages to the turbine category covers the majority of commenter said that the NOX standard data they reviewed. For example, the turbines that the comments addressed. should be 96 ppmv for mechanical drive commenter said that almost 68 percent This category is based on the heat input units, and based on 96 ppmv with an of the recent turbine orders are in the to a 44 percent efficient 110 MW efficiency of 25 percent for power small category, yet only 21 percent of turbine. The standards in the final rule generation units. One commenter the data reviewed by EPA were in this address the commenter’s concerns. recommended a standard of 100 ppmv subcategory. Additionally, the Comment: Four commenters for oil-fired turbines. Three commenters commenter said that for this suggested emission limits for small suggested that EPA provide an option to subcategory, the maximum NOX turbines. One commenter recommended pursue an alternative emission limit for emission concentration listed is 27.8 a fuel neutral standard of 150 ppmv for retrofit applications that do not offer a ppm, which is above the level of 25 turbines less than 3 MW. Another 42 ppmv NOX guarantee. ppm used in proposing the standard for commenter recommended a NOX One commenter said that for turbines the small subcategory. standard of 100 ppmv for natural gas- under 30 MW, a NOX standard of 1.0 lb/ Many of the commenters provided fired turbines less than 3 MW, and 150 MWh will be too stringent for some suggested NOX emission standards to ppmv for distillate oil-fired turbines less projects, particularly the smaller (less EPA. than 3 MW. One commenter said that if than 3.5 MW) facilities. The commenter Response: While not all turbine EPA retains turbines less than 3.5 MW believed that this will prevent the models were represented in the data set, in 40 CFR part 60, subpart KKKK, the implementation of some projects that we concluded that it is representative of NOX emission limit for new could provide lower emissions than the today’s population of turbines. In construction should be 100 ppmv for generation sources they are displacing. addition, we obtained more data during natural gas and 175 ppmv for distillate The commenter suggested that the limit the comment period, including oil; for modified or reconstructed should be no more stringent than 1.4 lb/ emissions information for turbines less turbines, the NOX emission limit should MWh (25 ppm at 25 percent efficiency, than 50 MMBtu/h. Also, our analysis be 150 ppmv for natural gas and 200 LHV) for natural gas-fired turbines. included the addition of manufacturer ppmv for distillate oil. The commenter One commenter did not believe that guarantees and permit information, recommended a concentration limit for any turbines less than 30 MW could which, along with emissions data, gave mechanical drive turbines and an meet the proposed emission limits. The us a clear picture of the achievability of output-based limit based on an commenter said that peaking turbines the standards. The emission limits in efficiency of 23 percent for power would not be able to meet the emission the final rule have been revised, as generators. Another commenter stated limits because they must operate at appropriate, using these additional data that if EPA retains turbines less than 3.5 variable loads and also low and information. See table 1 of this MW in 40 CFR part 60, subpart KKKK, temperatures increase NOX emissions. preamble for the revised emission the NOX emission limit for turbines The commenter believed that even at standards. between 1 and 3.5 MW should be no full load and 60 °F ambient temperature, Comment: One commenter believed more stringent than 6 lb/MWh for a dry low NOX turbine would just barely that there is a significant difference natural gas, distillate oil and other fuels. make the NOX limit. Therefore, the between aeroderivative turbines and The commenter’s rationale was that this commenter suggested that EPA increase frame type turbines in that level is comparable to 40 CFR part 60, the limit in combination with defining aeroderivatives cannot employ low NOX subpart GG, and significant a limited range over which the limit is burners and must use water injection. improvements in control technologies applicable. The commenter also noted While aeroderivatives may be have not been made since subpart GG that SCR has only been installed in a guaranteed by the manufacturer to was established. handful of simple cycle units and high achieve 25 ppm at full load, the Response: Based on the comments temperature SCR is less reliable than commenter believed that setting a received, we revised the emission standard SCR. standard at that level affords no cushion limitations in the final rule for small Response: We revised the emission for operation below full load, especially turbines, as shown in table 1 of this limitations as well as the subcategory in light of the short averaging times. preamble. We received additional data for medium turbines, as presented in Therefore, the commenter requested that from the turbine manufacturer for small table 1 of this preamble. The medium EPA either raise the emission limit to turbines. Based on these data, we subcategory has been extended to cover allow for operational flexibility, or set concluded that the majority of small additional turbines. The new different standards for different types of turbines will be able to comply with the subcategory on which these comments combustion turbines. revised emission limitations given in are based is from 50 MMBtu/h to 850 Response: We concluded that the the final rule. These numbers were MMBtu/h. We concluded that, based on majority of turbines are in some manner based on data received from small data submitted during the comment related to jet engine designs. The turbine manufacturers during the public period, the new emission limitations in combustion turbine industry began in comment period. the final rule are achievable by most the aviation industry, and we concluded Comment: Six commenters believed turbines in this subcategory without the that it is not appropriate to that the NOX standards for turbines less use of add-on controls. subcategorize turbines based on design than 30 MW were not consistently Comment: Several commenters said characteristics. The primary difference achievable in practice. Two of the that the proposed NOX limits for oil- is the degree to which the turbines have commenters said that the standard for fired units were too low. One been optimized for stationary natural gas turbines 3 to 30 MW should commenter said that EPA’s proposed applications. Furthermore, EPA be 42 ppmv. One commenter said that output-based limits for oil-fired units concluded that there is no appropriate the standard for natural gas turbines 3.5 cannot be achieved on simple cycle definition that separates aeroderivative to 30 MW should be 42 ppmv for turbines with combustion controls. The and frame turbines. mechanical drive units, and based on 42 commenter felt that the limit for oil-

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fired turbines, 1.2 lb/MWh, is de facto Although we expect the final rule to than the total annualized compliance too stringent, and imposing an result in a slight increase in electrical cost estimate of $3.4 million (2002 efficiency of 48 percent would be supply generated by unaffected sources dollars). The primary reason for the arbitrary and capricious. The (e.g., existing stationary combustion lower social cost estimate is the increase commenter requested that EPA separate turbines), we concluded that this will in electricity supply generated by simple cycle from combined cycle, not result in higher NOX and SO2 unaffected sources (e.g., existing particularly for oil-fired units. One emissions from these sources. Other stationary combustion turbines), which commenter requested that EPA either emission control programs such as the offsets mostly the impact of increased raise the emission limit for oil-fired Acid Rain Program and PSD/NSR electricity prices to consumers. The combustion turbines, or at least allow already promote or require emission social cost estimates discussed above do large oil-fired peaking units to comply controls that would effectively prevent not account for any benefits from with the emission limit for small oil- emissions from increasing. All the emission reductions associated with the fired units. Many of the commenters emissions reductions estimates and final rule. provided suggested emission levels for assumptions have been documented in For more information on these oil-fired units to EPA. the docket to the final rule. impacts, please refer to the economic Response: EPA concluded that, based B. What are the energy impacts? impact analysis in the public docket. on data submitted during the comment VI. Statutory and Executive Order period, the new emission limitations in We do not expect any significant Reviews the final rule for oil-fired turbines are energy impacts resulting from the final achievable by most turbines without the rule. The only energy requirement is a A. Executive Order 12866: Regulatory use of add-on controls. potential small increase in fuel Planning and Review consumption, resulting from back C. Definitions pressure caused by operating an add-on Under Executive Order 12866 (58 FR 51735, October 4, 1993), we must Comment: Four commenters emission control device, such as an determine whether a regulatory action is requested that EPA clarify the definition SCR. However, most entities would be ‘‘significant’’ and, therefore, subject to of efficiency. The commenters stated able to comply with the final rule review by the Office of Management and that the proposed definition is based on without the use of any add-on control Budget (OMB) and the requirements of the LHV, but that EPA usually defines devices. the Executive Order. The Executive regulations based on HHV. The C. What are the economic impacts? Order defines ‘‘significant regulatory commenters believed that EPA may EPA prepared an economic impact action’’ as one that is likely to result in have intended to use HHV and analysis to evaluate the impacts the a rule that may: requested clarification on whether final rule would have on combustion (1) Have an annual effect on the efficiency should be based on the LHV turbines producers, consumers of goods economy of $100 million or more or or the HHV. One commenter stated that and services produced by combustion adversely affect in a material way the the LHV clause is unnecessary and turbines, and society. The analysis economy, a sector of the economy, should be removed because most air showed minimal changes in prices and productivity, competition, jobs, the permits are written, modeled and output for products made by the environment, public health or safety, or reviewed upon the premise of the HHV industries affected by the final rule. The State, local, or tribal governments or of the fuel. price increase for affected output is less communities; Response: In the proposed rule, we than 0.003 percent, and the reduction in (2) Create a serious inconsistency or inadvertently defined efficiency in output is less than 0.003 percent for otherwise interfere with an action taken terms of LHV. Our intent was to use each affected industry. Estimates of or planned by another agency; HHV. This change is reflected in the impacts on fuel markets show price (3) Materially alter the budgetary final rule. increases of less than 0.01 percent for impact of entitlements, grants, user fees, V. Environmental and Economic petroleum products and natural gas, and or loan programs, or the rights and Impacts price increases of 0.04 and 0.06 percent obligation of recipients thereof; or for base-load and peak-load electricity, (4) Raise novel legal or policy issues A. What are the air impacts? respectively. The price of coal is arising out of legal mandates, the We estimate that approximately 355 expected to decline by about 0.002 President’s priorities, or the principles new stationary combustion turbines will percent, and that is due to a small set forth in the Executive Order. be installed in the United States over reduction in demand for this fuel type. Pursuant to the terms of Executive the next 5 years and affected by the final Reductions in output are expected to be Order 12866, OMB has notified EPA rule. None of these units may need to less than 0.02 percent for each energy that it considers this a ‘‘significant install add-on controls to meet the NOX type, including base-load and peak-load regulatory action’’ within the meaning limits required under the final rule. electricity. of the Executive Order. EPA submitted However, many new turbines will The social costs of the final rule are this action to OMB for review. Changes already be required to install add-on estimated at $0.4 million (2002 dollars). made in response to OMB suggestions or controls to meet NOX reduction Social costs include the compliance recommendations will be documented requirements under Prevention of costs, but also include those costs that in the public record. Significant Deterioration (PSD) and New reflect changes in the national economy Source Review (NSR). Thus, we due to changes in consumer and B. Paperwork Reduction Act concluded that the NOX reductions producer behavior in response to the The information collection resulting from the final rule will compliance costs associated with a requirements in the final rule have been essentially be zero. The expected SO2 regulation. For the final rule, changes in submitted for approval to OMB under reductions as a result of the final rule energy use among both consumers and the Paperwork Reduction Act, 44 U.S.C. are approximately 830 tons per year producers to reduce the impact of the 3501 et seq. The Information Collection (tpy) in the 5th year after promulgation regulatory requirements of the rule lead Request (ICR) document prepared by of the standards. to the estimated social costs being less EPA has been assigned ICR No. 2177.01.

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The final rule contains monitoring, unless it displays a currently valid OMB profits for the small firms and increase reporting, and recordkeeping control number. The OMB control revenues for the many small requirements. The information would be numbers for EPA’s regulations in 40 communities (in total, 28 small entities) used by EPA to identify any new, CFR are listed in 40 CFR part 9 and 48 using combustion turbines that are not modified, or reconstructed stationary CFR chapter 15. affected by the final rule as a result of combustion turbines subject to the the very slight increase in market prices. C. Regulatory Flexibility Act NSPS and to ensure that any new For more information on the results of stationary combustion turbines comply The Regulatory Flexibility Act the analysis of small entity impacts, with the emission limits and other generally requires an agency to prepare please refer to the economic impact requirements. Records and reports a regulatory flexibility analysis of any analysis in the docket. would be necessary to enable EPA or rule subject to notice and comment Although the final rule will not have States to identify new stationary rulemaking requirements under the a significant economic impact on a combustion turbines that may not be in Administrative Procedures Act or any substantial number of small entities, compliance with the requirements. other statute unless the agency certifies EPA nonetheless has tried to reduce the Based on reported information, EPA that the rule will not have a significant impact of the final rule on small would decide which units and what economic impact on a substantial entities. In the final rule, the Agency is records or processes should be number of small entities. Small entities applying the minimum level of control inspected. include small businesses, small and the minimum level of monitoring, The final rule does not require any organizations, and small governmental recordkeeping, and reporting to affected notifications or reports beyond those jurisdictions. sources allowed by the CAA. In required by the General Provisions. The For purposes of assessing the impacts addition, as mentioned earlier in this recordkeeping requirements require of today’s final rule on small entities, preamble, new turbines with heat inputs only the specific information needed to small entity is defined as: (1) A small less than 10.7 GJ (10 MMBtu) per hour determine compliance. These business whose parent company has are not subject to the final rule. This recordkeeping and reporting fewer than 100 or 1,000 employees, provision should reduce the size of requirements are specifically authorized depending on size definition for the small entity impacts. We continue to be by CAA section 114 (42 U.S.C. 7414). affected North American Industry interested in the potential impacts of the All information submitted to EPA for Classification System (NAICS) code, or final rule on small entities and welcome which a claim of confidentiality is made fewer than 4 billion kilowatt-hours (kW- comments on issues related to such will be safeguarded according to EPA hr) per year of electricity usage; (2) a impacts. policies in 40 CFR part 2, subpart B, small governmental jurisdiction that is a D. Unfunded Mandates Reform Act Confidentiality of Business Information. government of a city, county, town, The annual monitoring, reporting, and school district or special district with a Title II of the Unfunded Mandates recordkeeping burden for this collection population of less than 50,000; and (3) Reform Act of 1995 (UMRA), Public (averaged over the first 3 years after July a small organization that is any not-for- Law 104–4, establishes requirements for 6, 2006) is estimated to be 20,542 labor profit enterprise which is independently Federal agencies to assess the effects of hours per year at an average total annual owned and operated and is not their regulatory actions on State, local, cost of $1,797,264. This estimate dominant in its field. It should be noted and tribal governments and the private includes performance testing, that small entities in one NAICS code sector. Under section 202 of the UMRA, continuous monitoring, semiannual would be affected by the final rule, and EPA generally must prepare a written excess emission reports, notifications, the small business definition applied to statement, including a cost-benefit and recordkeeping. There are no capital/ each industry by NAICS code is that analysis, for proposed and final rules start-up costs or operation and listed in the Small Business with ‘‘Federal mandates’’ that may maintenance costs associated with the Administration size standards (13 CFR result in expenditures by State, local, monitoring requirements over the 3-year part 121). and tribal governments, in the aggregate, period of the ICR. After considering the economic or by the private sector, of $100 million Burden means the total time, effort, or impacts of today’s final rule on small or more in any 1 year. Before financial resources expended by persons entities, we conclude that today’s action promulgating an EPA rule for which a to generate, maintain, retain, or disclose will not have a significant economic written statement is needed, section 205 or provide information to or for a impact on a substantial number of small of the UMRA generally requires EPA to Federal agency. This includes the time entities. We determined, based on the identify and consider a reasonable needed to review instructions; develop, existing combustion turbines inventory number of regulatory alternatives and acquire, install, and utilize technology and presuming the percentage of small adopt the least costly, most cost and systems for the purposes of entities in that inventory is effective, or least burdensome collecting, validating, and verifying representative of the percentage of small alternative that achieves the objective of information, processing and entities owning new turbines in the 5th the rule. The provisions of section 205 maintaining information, and disclosing year after promulgation, that one small do not apply when they are inconsistent and providing information; adjust the entity out of 29 in the industries with applicable law. Moreover, section existing ways to comply with any impacted by the final rule will incur 205 allows EPA to adopt an alternative previously applicable instructions and compliance costs (in this case, only other than the least costly, most cost requirements; train personnel to be able monitoring, recordkeeping, and effective, or least burdensome to respond to a collection of reporting costs since control costs are alternative if the Administrator information; search data sources; zero) associated with the final rule. This publishes with the final rule an complete and review the collection of small entity owns one affected turbine explanation why that alternative was information; and transmit or otherwise in the projected set of new combustion not adopted. Before EPA establishes any disclose the information. turbines. This affected small entity is regulatory requirements that may An agency may not conduct or estimated to have annual compliance significantly or uniquely affect small sponsor, and a person is not required to costs of 0.3 percent of its revenues. The governments, including tribal respond to a collection of information final rule is likely to also increase governments, it must have developed

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under section 203 of the UMRA a small implications’’ is defined in the output is estimated at 0.02 percent, or government agency plan. The plan must Executive Order to include regulations about 5 billion kW-hr per year based on provide for notifying potentially that have ‘‘substantial direct effects on 2000 U.S. electricity production affected small governments, enabling one or more Indian tribes, on the nationwide. officials of affected small governments relationship between the Federal Production of natural gas is expected to have meaningful and timely input in government and the Indian tribes, or on to increase by 4 million cubic feet per the development of EPA regulatory the distribution of power and day. The maximum of all energy price proposals with significant Federal responsibilities between the Federal increases, which include increases in intergovernmental mandates, and government and Indian tribes.’’ natural gas prices as well as those for informing, educating, and advising The final rule does not have tribal petroleum products, coal, and small governments on compliance with implications. It will not have substantial electricity, is estimated to be a 0.04 the regulatory requirements. direct effects on tribal governments, on percent increase in peak-load electricity EPA has determined that the final rule the relationship between the Federal rates nationwide. Energy distribution contains no Federal mandates that may government and Indian tribes, or on the costs may increase by no more than the result in expenditures of $100 million or distribution of power and same amount as electricity rates. We more for State, local, and tribal responsibilities between the Federal expect that there will be no discernable governments, in the aggregate, or the government and Indian tribes, as impact on the import of foreign energy private sector in any 1 year. Thus, the specified in Executive Order 13175. We supplies, and no other adverse final rule is not subject to the do not know of any stationary outcomes are expected to occur with requirements of sections 202 and 205 of combustion turbines owned or operated regards to energy supplies. the UMRA. In addition, EPA has by Indian tribal governments. However, Also, the increase in the cost of determined that the final rule contains if there are any, the effect of the final energy production should be minimal no regulatory requirements that might rule on communities of tribal given the very small increase in fuel significantly or uniquely affect small governments would not be unique or consumption resulting from back governments because they contain no disproportionate to the effect on other pressure related to operation of add-on requirements that apply to such communities. Thus, Executive Order emission control devices, such as SCR. governments or impose obligations 13175 does not apply to the final rule. All of the estimates presented above upon them. Therefore, the final rule is account for some passthrough of costs to not subject to the requirements of G. Executive Order 13045: Protection of consumers as well as the direct cost section 203 of the UMRA. Children From Environmental Health impact to producers. and Safety Risks For more information on these E. Executive Order 13132: Federalism Executive Order 13045 (62 FR 19885, estimated energy effects, please refer to Executive Order 13132 (64 FR 43255, April 23, 1997) applies to any rule that: the economic impact analysis for the August 10, 1999) requires us to develop (1) Is determined to be ‘‘economically final rule. This analysis is available in an accountable process to ensure significant’’ as defined under Executive the public docket. ‘‘meaningful and timely input by State Order 12866, and (2) concerns an I. National Technology Transfer and and local officials in the development of environmental health or safety risk that Advancement Act regulatory policies that have federalism we have reason to believe may have a implications.’’ ‘‘Policies that have disproportionate effect on children. If Section 12(d) of the National federalism implications’’ are defined in the regulatory action meets both criteria, Technology Transfer and Advancement the Executive Order to include we must evaluate the environmental Act (NTTAA) of 1995 (Pub. L. 104–113; regulations that have ‘‘substantial direct health or safety effects of the planned 15 U.S.C. 272 note) directs EPA to use effects on the States, on the relationship rule on children, and explain why the voluntary consensus standards in their between the national government and planned regulation is preferable to other regulatory and procurement activities the States, or on the distribution of potentially effective and reasonably unless to do so would be inconsistent power and responsibilities among the feasible alternatives. with applicable law or otherwise various levels of government.’’ The final rule is not subject to impractical. Voluntary consensus The final rule does not have Executive Order 13045 because it is not standards are technical standards (e.g., federalism implications. It will not have an economically significant action as materials specifications, test methods, substantial direct effects on the States, defined under Executive Order 12866. sampling procedures, business on the relationship between the national practices) developed or adopted by one government and the States, or on the H. Executive Order 13211: Actions That or more voluntary consensus bodies. distribution of power and Significantly Affect Energy Supply, The NTTAA directs EPA to provide responsibilities among the various Distribution, or Use Congress, through annual reports to levels of government, as specified in Today’s action is not a ‘‘significant OMB, with explanations when an Executive Order 13132. Thus, Executive energy action’’ as defined in Executive agency does not use available and Order 13132 does not apply to the final Order 13211 because it is not likely to applicable voluntary consensus rule. have a significant adverse effect on the standards. supply, distribution, or use of energy. The final rule involves technical F. Executive Order 13175: Consultation An increase in petroleum product standards. EPA cites the following and Coordination With Indian Tribal output, which includes increases in fuel methods in the final rule: EPA Methods Governments production, is estimated at less than 1, 2, 3A, 6, 6C, 7E, 8, 19, and 20 of 40 Executive Order 13175 (65 FR 67249, 0.01 percent, or about 600 barrels per CFR part 60, appendix A; and November 6, 2000) requires EPA to day based on 2004 U.S. fuel production Performance Specifications (PS) 2 of 40 develop an accountable process to nationwide. A reduction in coal CFR part 60, appendix B. ensure ‘‘meaningful and timely input by production is estimated at 0.00003 In addition, the final rule cites the tribal officials in the development of percent, or about 3,000 short tpy based following standards that are also regulatory policies that have tribal on 2004 U.S. coal production incorporated by reference in 40 CFR implications.’’ ‘‘Policies that have tribal nationwide. The reduction in electricity part 60, section 17: ASTM D129–00

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(Reapproved 2005), ASTM D1072–90 requirements in place of any of EPA (1) ASTM A99–76, 82 (Reapproved (Reapproved 1999), ASTM D1266 98 testing methods, performance 1987), Standard Specification for (Reapproved 2003), ASTM D1552–03, specifications, or procedures. Ferromanganese, incorporation by ASTM D2622–05, ASTM D3246–05, reference (IBR) approved for § 60.261. J. Congressional Review Act ASTM D4057–95 (Reapproved 2000), (2) ASTM A100–69, 74, 93, Standard ASTM D4084–05, ASTM D4177–95 The Congressional Review Act, 5 Specification for Ferrosilicon, IBR (Reapproved 2000), ASTM D4294–03, U.S.C. section 801 et. seq., as added by approved for § 60.261. ASTM D4468–85 (Reapproved 2000), the Small Business Regulatory (3) ASTM A101–73, 93, Standard ASTM D4810–88 (Reapproved 1999), Enforcement Fairness Act of 1996, Specification for Ferrochromium, IBR ASTM D5287–97 (Reapproved 2002), generally provides that before a rule approved for § 60.261. ASTM D5453–05, ASTM D5504–01, may take effect, the agency (4) ASTM A482–76, 93, Standard ASTM D6228–98 (Reapproved 2003), promulgating the rule must submit a Specification for Ferrochromesilicon, ASTM D6667–04, and Gas Processors rule report, which includes a copy of IBR approved for § 60.261. Association Standard 2377–86. the rule, to each House of the Congress (5) ASTM A483–64, 74 (Reapproved Consistent with the NTTAA, EPA and to the Comptroller General of the 1988), Standard Specification for conducted searches to identify United States. EPA will submit a report Silicomanganese, IBR approved for voluntary consensus standards in containing today’s final rule and other § 60.261. addition to these EPA methods/ required information to the U.S. Senate, (6) ASTM A495–76, 94, Standard performance specifications. No the U.S. House of Representatives, and Specification for Calcium-Silicon and applicable voluntary consensus the Comptroller General of the United Calcium Manganese-Silicon, IBR standards were identified for EPA States prior to publication of the rule in approved for § 60.261. Methods 8 and 19. The search and the Federal Register. This action is not (7) ASTM D86–78, 82, 90, 93, 95, 96, review results have been documented a ‘‘major rule’’ as defined by 5 U.S.C. Distillation of Petroleum Products, IBR and are placed in the docket for the final 804(2). The final rule will be effective approved for §§ 60.562–2(d), 60.593(d), rule. on July 6, 2006. and 60.633(h). One voluntary consensus standard (8) ASTM D129–64, 78, 95, 00, was identified as an acceptable List of Subjects in 40 CFR Part 60 Standard Test Method for Sulfur in alternative for the EPA methods cited in Environmental protection, Petroleum Products (General Bomb this rule. The voluntary consensus Administrative practice and procedure, Method), IBR approved for standard ASME PTC 19–10–1981—Part Air pollution control, Incorporation by §§ 60.106(j)(2), 60.335(b)(10)(i), and 10, ‘‘Flue and Exhaust Gas Analyses,’’ is reference, Intergovernmental relations, Appendix A: Method 19, 12.5.2.2.3. cited in this rule for its manual method Nitrogen dioxide, Reporting and (9) ASTM D129–00 (Reapproved for measuring the sulfur dioxide content recordkeeping requirements, Sulfur 2005), Standard Test Method for Sulfur of exhaust gas. This part of ASME PTC oxides. in Petroleum Products (General Bomb 19–10–1981—Part 10 is an acceptable Dated: February 9, 2006. Method), IBR approved for alternative to EPA Methods 6 and 20 § 60.4415(a)(1)(i). Stephen L. Johnson, (sulfur dioxide only). (10) ASTM D240–76, 92, Standard In addition to the voluntary Administrator. Test Method for Heat of Combustion of consensus standards EPA uses in the Editorial Note: This document was Liquid Hydrocarbon Fuels by Bomb final rule, the search for emissions received by the Office of the Federal Register Calorimeter, IBR approved for measurement procedures identified 11 on June 28, 2006. §§ 60.46(c), 60.296(b), and Appendix A: other voluntary consensus standards. Method 19, Section 12.5.2.2.3. I For the reasons stated in the preamble, EPA determined that nine of these 11 (11) ASTM D270–65, 75, Standard title 40, chapter I, part 60, of the Code standards identified for measuring air Method of Sampling Petroleum and of Federal Regulations is amended as emissions or surrogates subject to Petroleum Products, IBR approved for follows: emission standards in the final rule Appendix A: Method 19, Section were impractical alternatives to EPA test PART 60—[AMENDED] 12.5.2.2.1. methods/performance specifications for (12) ASTM D323–82, 94, Test Method the purposes of the final rule. Therefore, I 1. The authority citation for part 60 for Vapor Pressure of Petroleum EPA does not intend to adopt these continues to read as follows: Products (Reid Method), IBR approved standards. See the docket for the reasons Authority: 42 U.S.C. 7401, et seq. for §§ 60.111(l), 60.111a(g), 60.111b(g), for the determinations of these methods. and 60.116b(f)(2)(ii). Two of the 11 voluntary consensus Subpart A—[Amended] (13) ASTM D388–77, 90, 91, 95, 98a, standards identified in this search were Standard Specification for Classification not available at the time the review was I 2. Section 60.17 is amended by of Coals by Rank, IBR approved for conducted for the purposes of the final revising paragraphs (a), (h)(4), and §§ 60.41(f) of subpart D of this part, rule because they are under (m)(1), and reserving paragraph (m)(2) to 60.45(f)(4)(i), 60.45(f)(4)(ii), development by a voluntary consensus read as follows: 60.45(f)(4)(vi), 60.41b of subpart Db of body. See the docket for the list of these this part, 60.41c of subpart Dc of this methods. § 60.17 Incorporation by reference. part, and 60.251(b) and (c) of subpart Y Sections 60.4345, 60.4360, 60.4400 * * * * * of this part. and 60.4415 of the final rule discuss (a) The following materials are (14) ASTM D388–77, 90, 91, 95, 98a, EPA testing methods, performance available for purchase from at least one 99 (Reapproved 2004) ε1, Standard specifications, and procedures required. of the following addresses: American Specification for Classification of Coals Under 40 CFR 63.7(f) and 40 CFR 63.8(f) Society for Testing and Materials by Rank, IBR approved for of subpart A of the General Provisions, (ASTM), 100 Barr Harbor Drive, Post §§ 60.24(h)(8), 60.41Da of subpart Da of a source may apply to EPA for Office Box C700, West Conshohocken, this part, and 60.4102. permission to use alternative test PA 19428–2959; or ProQuest, 300 North (15) ASTM D396–78, 89, 90, 92, 96, methods or alternative monitoring Zeeb Road, Ann Arbor, MI 48106. 98, Standard Specification for Fuel Oils,

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IBR approved for §§ 60.41b of subpart 60.296(b)(3), and Appendix A: Method Analysis of Demethanized Hydrocarbon Db of this part, 60.41c of subpart Dc of 19, Section 12.3.2.4. Liquid Mixtures Containing Nitrogen this part, 60.111(b) of subpart K of this (27) ASTM D1835–87, 91, 97, 03a, and Carbon Dioxide by Gas part, and 60.111a(b) of subpart Ka of Standard Specification for Liquefied Chromatography, IBR approved for this part. Petroleum (LP) Gases, IBR approved for § 60.335(b)(9)(i). (16) ASTM D975–78, 96, 98a, § 60.41Da of subpart Da of this part. (41) ASTM D2622–87, 94, 98, Standard Specification for Diesel Fuel (28) ASTM D1835–82, 86, 87, 91, 97, Standard Test Method for Sulfur in Oils, IBR approved for §§ 60.111(b) of Standard Specification for Liquefied Petroleum Products by Wavelength subpart K of this part and 60.111a(b) of Petroleum (LP) Gases, IBR approved for Dispersive X-Ray Fluorescence subpart Ka of this part. § 60.41b of subpart Db of this part. Spectrometry,’’ IBR approved for (17) ASTM D1072–80, 90 (29) ASTM D1835–86, 87, 91, 97, §§ 60.106(j)(2) and 60.335(b)(10)(i). (Reapproved 1994), Standard Test Standard Specification for Liquefied (42) ASTM D2622–05, Standard Test Method for Total Sulfur in Fuel Gases, Petroleum (LP) Gases, IBR approved for Method for Sulfur in Petroleum IBR approved for § 60.335(b)(10)(ii). § 60.41c of subpart Dc of this part. Products by Wavelength Dispersive X- (18) ASTM D1072–90 (Reapproved (30) ASTM D1945–64, 76, 91, 96, Ray Fluorescence Spectrometry,’’ IBR 1999), Standard Test Method for Total Standard Method for Analysis of approved for § 60.4415(a)(1)(i). Sulfur in Fuel Gases, IBR approved for Natural Gas by Gas Chromatography, (43) ASTM D2879–83, 96, 97, Test § 60.4415(a)(1)(ii). IBR approved for § 60.45(f)(5)(i). Method for Vapor Pressure-Temperature (19) ASTM D1137–53, 75, Standard (31) ASTM D1946–77, 90 Relationship and Initial Decomposition Method for Analysis of Natural Gases (Reapproved 1994), Standard Method Temperature of Liquids by Isoteniscope, and Related Types of Gaseous Mixtures for Analysis of Reformed Gas by Gas IBR approved for §§ 60.111b(f)(3), by the Mass Spectrometer, IBR approved Chromatography, IBR approved for 60.116b(e)(3)(ii), 60.116b(f)(2)(i), and for § 60.45(f)(5)(i). §§ 60.18(f)(3), 60.45(f)(5)(i), 60.564(f)(1), 60.485(e)(1). (20) ASTM D1193–77, 91, Standard 60.614(e)(2)(ii), 60.614(e)(4), (44) ASTM D2880–78, 96, Standard Specification for Reagent Water, IBR 60.664(e)(2)(ii), 60.664(e)(4), Specification for Gas Turbine Fuel Oils, approved for Appendix A: Method 5, 60.704(d)(2)(ii), and 60.704(d)(4). IBR approved for §§ 60.111(b), Section 7.1.3; Method 5E, Section 7.2.1; (32) ASTM D2013–72, 86, Standard 60.111a(b), and 60.335(d). Method 5F, Section 7.2.1; Method 6, Method of Preparing Coal Samples for (45) ASTM D2908–74, 91, Standard Section 7.1.1; Method 7, Section 7.1.1; Analysis, IBR approved for Appendix A: Practice for Measuring Volatile Organic Method 7C, Section 7.1.1; Method 7D, Method 19, Section 12.5.2.1.3. Matter in Water by Aqueous-Injection Section 7.1.1; Method 10A, Section (33) ASTM D2015–77 (Reapproved Gas Chromatography, IBR approved for 7.1.1; Method 11, Section 7.1.3; Method 1978), 96, Standard Test Method for § 60.564(j). 12, Section 7.1.3; Method 13A, Section Gross Calorific Value of Solid Fuel by (46) ASTM D2986–71, 78, 95a, 7.1.2; Method 26, Section 7.1.2; Method the Adiabatic Bomb Calorimeter, IBR Standard Method for Evaluation of Air, 26A, Section 7.1.2; and Method 29, approved for § 60.45(f)(5)(ii), 60.46(c)(2), Assay Media by the Monodisperse DOP Section 7.2.2. and Appendix A: Method 19, Section (Dioctyl Phthalate) Smoke Test, IBR (21) ASTM D1266–87, 91, 98, 12.5.2.1.3. Standard Test Method for Sulfur in (34) ASTM D2016–74, 83, Standard approved for Appendix A: Method 5, Petroleum Products (Lamp Method), IBR Test Methods for Moisture Content of Section 7.1.1; Method 12, Section 7.1.1; approved for §§ 60.106(j)(2) and Wood, IBR approved for Appendix A: and Method 13A, Section 7.1.1.2. 60.335(b)(10)(i). Method 28, Section 16.1.1. (47) ASTM D3173–73, 87, Standard (22) ASTM D1266–98 (Reapproved (35) ASTM D2234–76, 96, 97b, 98, Test Method for Moisture in the 2003) e1, Standard Test Method for Standard Methods for Collection of a Analysis Sample of Coal and Coke, IBR Sulfur in Petroleum Products (Lamp Gross Sample of Coal, IBR approved for approved for Appendix A: Method 19, Method), IBR approved for Appendix A: Method 19, Section Section 12.5.2.1.3. § 60.4415(a)(1)(i). 12.5.2.1.1. (48) ASTM D3176–74, 89, Standard (23) ASTM D1475–60 (Reapproved (36) ASTM D2369–81, 87, 90, 92, 93, Method for Ultimate Analysis of Coal 1980), 90, Standard Test Method for 95, Standard Test Method for Volatile and Coke, IBR approved for Density of Paint, Varnish Lacquer, and Content of Coatings, IBR approved for § 60.45(f)(5)(i) and Appendix A: Method Related Products, IBR approved for Appendix A: Method 24, Section 6.2. 19, Section 12.3.2.3. § 60.435(d)(1), Appendix A: Method 24, (37) ASTM D2382–76, 88, Heat of (49) ASTM D3177–75, 89, Standard Section 6.1; and Method 24A, Sections Combustion of Hydrocarbon Fuels by Test Method for Total Sulfur in the 6.5 and 7.1. Bomb Calorimeter (High-Precision Analysis Sample of Coal and Coke, IBR (24) ASTM D1552–83, 95, 01, Method), IBR approved for approved for Appendix A: Method 19, Standard Test Method for Sulfur in §§ 60.18(f)(3), 60.485(g)(6), 60.564(f)(3), Section 12.5.2.1.3. Petroleum Products (High-Temperature 60.614(e)(4), 60.664(e)(4), and (50) ASTM D3178–73 (Reapproved Method), IBR approved for 60.704(d)(4). 1979), 89, Standard Test Methods for §§ 60.106(j)(2), 60.335(b)(10)(i), and (38) ASTM D2504–67, 77, 88 Carbon and Hydrogen in the Analysis Appendix A: Method 19, Section (Reapproved 1993), Noncondensable Sample of Coal and Coke, IBR approved 12.5.2.2.3. Gases in C3 and Lighter Hydrocarbon for § 60.45(f)(5)(i). (25) ASTM D1552–03, Standard Test Products by Gas Chromatography, IBR (51) ASTM D3246–81, 92, 96, Method for Sulfur in Petroleum approved for § 60.485(g)(5). Standard Test Method for Sulfur in Products (High-Temperature Method), (39) ASTM D2584–68 (Reapproved Petroleum Gas by Oxidative IBR approved for § 60.4415(a)(1)(i). 1985), 94, Standard Test Method for Microcoulometry, IBR approved for (26) ASTM D1826–77, 94, Standard Ignition Loss of Cured Reinforced § 60.335(b)(10)(ii). Test Method for Calorific Value of Gases Resins, IBR approved for (52) ASTM D3246–05, Standard Test in Natural Gas Range by Continuous § 60.685(c)(3)(i). Method for Sulfur in Petroleum Gas by Recording Calorimeter, IBR approved (40) ASTM D2597–94 (Reapproved Oxidative Microcoulometry, IBR for §§ 60.45(f)(5)(ii), 60.46(c)(2), 1999), Standard Test Method for approved for § 60.4415(a)(1)(ii).

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(53) ASTM D3270–73T, 80, 91, 95, (66) ASTM D4294–03, Standard Test (78) ASTM D5504–01, Standard Test Standard Test Methods for Analysis for Method for Sulfur in Petroleum and Method for Determination of Sulfur Fluoride Content of the Atmosphere and Petroleum Products by Energy- Compounds in Natural Gas and Gaseous Plant Tissues (Semiautomated Method), Dispersive X-Ray Fluorescence Fuels by Gas Chromatography and IBR approved for Appendix A: Method Spectrometry, IBR approved for Chemiluminescence, IBR approved for 13A, Section 16.1. § 60.4415(a)(1)(i). §§ 60.334(h)(1) and 60.4360. (54) ASTM D3286–85, 96, Standard (67) ASTM D4442–84, 92, Standard (79) ASTM D5762–02, Standard Test Test Method for Gross Calorific Value of Test Methods for Direct Moisture Method for Nitrogen in Petroleum and Coal and Coke by the Isoperibol Bomb Content Measurement in Wood and Petroleum Products by Boat-Inlet Calorimeter, IBR approved for Appendix Wood-base Materials, IBR approved for Chemiluminescence, IBR approved for A: Method 19, Section 12.5.2.1.3. Appendix A: Method 28, Section 16.1.1. § 60.335(b)(9)(i). (55) ASTM D3370–76, 95a, Standard (68) ASTM D4444–92, Standard Test (80) ASTM D5865–98, Standard Test Practices for Sampling Water, IBR Methods for Use and Calibration of Method for Gross Calorific Value of Coal approved for § 60.564(j). Hand-Held Moisture Meters, IBR and Coke, IBR approved for (56) ASTM D3792–79, 91, Standard approved for Appendix A: Method 28, § 60.45(f)(5)(ii), 60.46(c)(2), and Test Method for Water Content of Section 16.1.1. Appendix A: Method 19, Section Water-Reducible Paints by Direct (69) ASTM D4457–85 (Reapproved 12.5.2.1.3. Injection into a Gas Chromatograph, IBR 1991), Test Method for Determination of (81) ASTM D6216–98, Standard approved for Appendix A: Method 24, Dichloromethane and 1, 1, 1- Practice for Opacity Monitor Section 6.3. Trichloroethane in Paints and Coatings Manufacturers to Certify Conformance (57) ASTM D4017–81, 90, 96a, by Direct Injection into a Gas with Design and Performance Standard Test Method for Water in Chromatograph, IBR approved for Specifications, IBR approved for Paints and Paint Materials by the Karl Appendix A: Method 24, Section 6.5. Appendix B, Performance Specification Fischer Titration Method, IBR approved (70) ASTM D4468–85 (Reapproved 1. for Appendix A: Method 24, Section 6.4. 2000), Standard Test Method for Total (82) ASTM D6228–98, Standard Test (58) ASTM D4057–81, 95, Standard Sulfur in Gaseous Fuels by Method for Determination of Sulfur Practice for Manual Sampling of Hydrogenolysis and Rateometric Compounds in Natural Gas and Gaseous Petroleum and Petroleum Products, IBR Colorimetry, IBR approved for Fuels by Gas Chromatography and approved for Appendix A: Method 19, §§ 60.335(b)(10)(ii) and 60.4415(a)(1)(ii). Flame Photometric Detection, IBR (71) ASTM D4629–02, Standard Test Section 12.5.2.2.3. approved for § 60.334(h)(1). Method for Trace Nitrogen in Liquid (83) ASTM D6228–98 (Reapproved (59) ASTM D4057–95 (Reapproved Petroleum Hydrocarbons by Syringe/ 2003), Standard Test Method for 2000), Standard Practice for Manual Inlet Oxidative Combustion and Determination of Sulfur Compounds in Sampling of Petroleum and Petroleum Chemiluminescence Detection, IBR Natural Gas and Gaseous Fuels by Gas Products, IBR approved for approved for § 60.335(b)(9)(i). Chromatography and Flame Photometric § 60.4415(a)(1). (72) ASTM D4809–95, Standard Test Detection, IBR approved for §§ 60.4360 (60) ASTM D4084–82, 94, Standard Method for Heat of Combustion of and 60.4415. Test Method for Analysis of Hydrogen Liquid Hydrocarbon Fuels by Bomb (84) ASTM D6366–99, Standard Test Sulfide in Gaseous Fuels (Lead Acetate Calorimeter (Precision Method), IBR Method for Total Trace Nitrogen and Its Reaction Rate Method), IBR approved approved for §§ 60.18(f)(3), 60.485(g)(6), Derivatives in Liquid Aromatic for § 60.334(h)(1). 60.564(f)(3), 60.614(d)(4), 60.664(e)(4), Hydrocarbons by Oxidative Combustion (61) ASTM D4084–05, Standard Test and 60.704(d)(4). and Electrochemical Detection, IBR Method for Analysis of Hydrogen (73) ASTM D4810–88 (Reapproved approved for § 60.335(b)(9)(i). Sulfide in Gaseous Fuels (Lead Acetate 1999), Standard Test Method for (85) ASTM D6522–00, Standard Test Reaction Rate Method), IBR approved Hydrogen Sulfide in Natural Gas Using Method for Determination of Nitrogen for §§ 60.4360 and 60.4415(a)(1)(ii). Length of Stain Detector Tubes, IBR Oxides, Carbon Monoxide, and Oxygen (62) ASTM D4177–95, Standard approved for §§ 60.4360 and Concentrations in Emissions from Practice for Automatic Sampling of 60.4415(a)(1)(ii). Natural Gas-Fired Reciprocating Petroleum and Petroleum Products, IBR (74) ASTM D5287–97 (Reapproved Engines, Combustion Turbines, Boilers, approved for Appendix A: Method 19, 2002), Standard Practice for Automatic and Process Heaters Using Portable Section 12.5.2.2.1. Sampling of Gaseous Fuels, IBR Analyzers, IBR approved for § 60.335(a). (63) ASTM D4177–95 (Reapproved approved for § 60.4415(a)(1). (86) ASTM D6667–01, Standard Test 2000), Standard Practice for Automatic (75) ASTM D5403–93, Standard Test Method for Determination of Total Sampling of Petroleum and Petroleum Methods for Volatile Content of Volatile Sulfur in Gaseous Products, IBR approved for Radiation Curable Materials, IBR Hydrocarbons and Liquefied Petroleum § 60.4415(a)(1). approved for Appendix A: Method 24, Gases by Ultraviolet Fluorescence, IBR (64) ASTM D4239–85, 94, 97, Section 6.6. approved for § 60.335(b)(10)(ii). Standard Test Methods for Sulfur in the (76) ASTM D5453–00, Standard Test (87) ASTM D6667–04, Standard Test Analysis Sample of Coal and Coke Method for Determination of Total Method for Determination of Total Using High Temperature Tube Furnace Sulfur in Light Hydrocarbons, Motor Volatile Sulfur in Gaseous Combustion Methods, IBR approved for Fuels and Oils by Ultraviolet Hydrocarbons and Liquefied Petroleum Appendix A: Method 19, Section Fluorescence, IBR approved for Gases by Ultraviolet Fluorescence, IBR 12.5.2.1.3. § 60.335(b)(10)(i). approved for § 60.4415(a)(1)(ii). (65) ASTM D4294–02, Standard Test (77) ASTM D5453–05, Standard Test (88) ASTM D6784–02, Standard Test Method for Sulfur in Petroleum and Method for Determination of Total Method for Elemental, Oxidized, Petroleum Products by Energy- Sulfur in Light Hydrocarbons, Motor Particle-Bound and Total Mercury in Dispersive X-Ray Fluorescence Fuels and Oils by Ultraviolet Flue Gas Generated from Coal-Fired Spectrometry, IBR approved for Fluorescence, IBR approved for Stationary Sources (Ontario Hydro § 60.335(b)(10)(i). § 60.4415(a)(1)(i). Method), IBR approved for Appendix B

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to part 60, Performance Specification 60.4340 How do I demonstrate continuous per hour, based on the higher heating 12A, Section 8.6.2. compliance for NOX if I do not use water value of the fuel, which commenced (89) ASTM E168–67, 77, 92, General or steam injection? construction, modification, or 60.4345 What are the requirements for the Techniques of Infrared Quantitative reconstruction after February 18, 2005, Analysis, IBR approved for continuous emission monitoring system equipment, if I choose to use this option? your turbine is subject to this subpart. §§ 60.593(b)(2) and 60.632(f). 60.4350 How do I use data from the Only heat input to the combustion (90) ASTM E169–63, 77, 93, General continuous emission monitoring turbine should be included when Techniques of Ultraviolet Quantitative equipment to identify excess emissions? determining whether or not this subpart Analysis, IBR approved for 60.4355 How do I establish and document is applicable to your turbine. Any §§ 60.593(b)(2) and 60.632(f). a proper parameter monitoring plan? additional heat input to associated heat 60.4360 How do I determine the total sulfur (91) ASTM E260–73, 91, 96, General recovery steam generators (HRSG) or Gas Chromatography Procedures, IBR content of the turbine’s combustion fuel? duct burners should not be included approved for §§ 60.593(b)(2) and 60.4365 How can I be exempted from when determining your peak heat input. 60.632(f). monitoring the total sulfur content of the fuel? However, this subpart does apply to * * * * * 60.4370 How often must I determine the emissions from any associated HRSG (h) * * * sulfur content of the fuel? and duct burners. (4) ANSI/ASME PTC 19.10–1981, Flue and Exhaust Gas Analyses [Part 10, Reporting (b) Stationary combustion turbines Instruments and Apparatus], IBR 60.4375 What reports must I submit? regulated under this subpart are exempt approved for Tables 1 and 3 of subpart 60.4380 How are excess emissions and from the requirements of subpart GG of EEEE, Tables 2 and 4 of subpart FFFF, monitor downtime defined for NOX? this part. Heat recovery steam generators and §§ 60.4415(a)(2) and 60.4415(a)(3) 60.4385 How are excess emissions and and duct burners regulated under this of subpart KKKK of this part. monitoring downtime defined for SO2? subpart are exempted from the 60.4390 What are my reporting requirements of subparts Da, Db, and Dc * * * * * requirements if I operate an emergency (m) * * * combustion turbine or a research and of this part. (1) Gas Processors Association development turbine? § 60.4310 What types of operations are Method 2377–86, Test for Hydrogen 60.4395 When must I submit my reports? exempt from these standards of Sulfide and Carbon Dioxide in Natural performance? Gas Using Length of Stain Tubes, IBR Performance Tests approved for §§ 60.334(h)(1), 60.4360, 60.4400 How do I conduct the initial and (a) Emergency combustion turbines, and 60.4415(a)(1)(ii). subsequent performance tests, regarding as defined in § 60.4420(i), are exempt (2) [Reserved] NOX? from the nitrogen oxides (NOX) I 3. Part 60 is amended by reserving 60.4405 How do I perform the initial emission limits in § 60.4320. performance test if I have chosen to subpart IIII and subpart JJJJ and by install a NOX-diluent CEMS? (b) Stationary combustion turbines adding subpart KKKK to read as follows: 60.4410 How do I establish a valid engaged by manufacturers in research parameter range if I have chosen to and development of equipment for both Subpart KKKK—Standards of continuously monitor parameters? Performance for Stationary combustion turbine emission control 60.4415 How do I conduct the initial and techniques and combustion turbine Combustion Turbines subsequent performance tests for sulfur? efficiency improvements are exempt Introduction Definitions from the NOX emission limits in Sec. 60.4420 What definitions apply to this § 60.4320 on a case-by-case basis as 60.4300 What is the purpose of this subpart? determined by the Administrator. subpart? Table 1 to Subpart KKKK of Part 60– (c) Stationary combustion turbines at Applicability Nitrogen Oxide Emission Limits for integrated gasification combined cycle New Stationary Combustion Turbines electric utility steam generating units 60.4305 Does this subpart apply to my that are subject to subpart Da of this part stationary combustion turbine? 60.4310 What types of operations are Subpart KKKK—Standards of are exempt from this subpart. exempt from these standards of Performance for Stationary (d) Combustion turbine test cells/ performance? Combustion Turbines stands are exempt from this subpart. Emission Limits Introduction Emission Limits 60.4315 What pollutants are regulated by § 60.4300 What is the purpose of this § 60.4315 What pollutants are regulated by this subpart? subpart? 60.4320 What emission limits must I meet this subpart? This subpart establishes emission for nitrogen oxides (NOX)? The pollutants regulated by this 60.4325 What emission limits must I meet standards and compliance schedules for subpart are nitrogen oxide (NOX) and for NOX if my turbine burns both natural the control of emissions from stationary gas and distillate oil (or some other combustion turbines that commenced sulfur dioxide (SO2). combination of fuels)? construction, modification or § 60.4320 What emission limits must I 60.4330 What emission limits must I meet reconstruction after February 18, 2005. meet for nitrogen oxides (NOX)? for sulfur dioxide (SO2)? Applicability General Compliance Requirements (a) You must meet the emission limits § 60.4305 Does this subpart apply to my for NOX specified in Table 1 to this 60.4333 What are my general requirements subpart. for complying with this subpart? stationary combustion turbine? (a) If you are the owner or operator of (b) If you have two or more turbines Monitoring a stationary combustion turbine with a that are connected to a single generator, 60.4335 How do I demonstrate compliance heat input at peak load equal to or each turbine must meet the emission for NOX if I use water or steam injection? greater than 10.7 gigajoules (10 MMBtu) limits for NOX.

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§ 60.4325 What emission limits must I General Compliance Requirements measure the heat input to the affected meet for NOX if my turbine burns both unit; and natural gas and distillate oil (or some other § 60.4333 What are my general (3) For units complying with the combination of fuels)? requirements for complying with this subpart? output-based standard, install, calibrate, You must meet the emission limits maintain, and operate a watt meter (or (a) You must operate and maintain specified in Table 1 to this subpart. If meters) to continuously measure the your stationary combustion turbine, air gross electrical output of the unit in your total heat input is greater than or pollution control equipment, and equal to 50 percent natural gas, you megawatt-hours; and monitoring equipment in a manner (4) For combined heat and power must meet the corresponding limit for a consistent with good air pollution natural gas-fired turbine when you are units complying with the output-based control practices for minimizing standard, install, calibrate, maintain, burning that fuel. Similarly, when your emissions at all times including during and operate meters for useful recovered total heat input is greater than 50 startup, shutdown, and malfunction. energy flow rate, temperature, and percent distillate oil and fuels other (b) When an affected unit with heat pressure, to continuously measure the than natural gas, you must meet the recovery utilizes a common steam total thermal energy output in British corresponding limit for distillate oil and header with one or more combustion thermal units per hour (Btu/h). fuels other than natural gas for the turbines, the owner or operator shall duration of the time that you burn that either: § 60.4340 How do I demonstrate particular fuel. (1) Determine compliance with the continuous compliance for NOX if I do not use water or steam injection? applicable NOX emissions limits by § 60.4330 What emission limits must I (a) If you are not using water or steam meet for sulfur dioxide (SO )? measuring the emissions combined with 2 the emissions from the other unit(s) injection to control NOX emissions, you (a) If your turbine is located in a utilizing the common heat recovery must perform annual performance tests continental area, you must comply with unit; or in accordance with § 60.4400 to either paragraph (a)(1) or (a)(2) of this (2) Develop, demonstrate, and provide demonstrate continuous compliance. If section. If your turbine is located in information satisfactory to the the NOX emission result from the Alaska, you do not have to comply with Administrator on methods for performance test is less than or equal to the requirements in paragraph (a) of this apportioning the combined gross energy 75 percent of the NOX emission limit for section until January 1, 2008. output from the heat recovery unit for the turbine, you may reduce the frequency of subsequent performance (1) You must not cause to be each of the affected combustion turbines. The Administrator may tests to once every 2 years (no more than discharged into the atmosphere from the 26 calendar months following the subject stationary combustion turbine approve such demonstrated substitute methods for apportioning the combined previous performance test). If the results any gases which contain SO in excess 2 gross energy output measured at the of any subsequent performance test of 110 nanograms per Joule (ng/J) (0.90 steam turbine whenever the exceed 75 percent of the NOX emission pounds per megawatt-hour (lb/MWh)) demonstration ensures accurate limit for the turbine, you must resume gross output, or estimation of emissions related under annual performance tests. (2) You must not burn in the subject this part. (b) As an alternative, you may install, stationary combustion turbine any fuel calibrate, maintain and operate one of which contains total potential sulfur Monitoring the following continuous monitoring systems: emissions in excess of 26 ng SO2/J § 60.4335 How do I demonstrate (1) Continuous emission monitoring (0.060 lb SO2/MMBtu) heat input. If compliance for NOX if I use water or steam your turbine simultaneously fires injection? as described in §§ 60.4335(b) and multiple fuels, each fuel must meet this 60.4345, or (a) If you are using water or steam (2) Continuous parameter monitoring requirement. injection to control NOX emissions, you as follows: (b) If your turbine is located in a must install, calibrate, maintain and (i) For a diffusion flame turbine noncontinental area or a continental operate a continuous monitoring system without add-on selective catalytic area that the Administrator determines to monitor and record the fuel reduction (SCR) controls, you must does not have access to natural gas and consumption and the ratio of water or define parameters indicative of the steam to fuel being fired in the turbine that the removal of sulfur compounds unit’s NOX formation characteristics, would cause more environmental harm when burning a fuel that requires water and you must monitor these parameters than benefit, you must comply with one or steam injection for compliance. continuously. or the other of the following conditions: (b) Alternatively, you may use (ii) For any lean premix stationary continuous emission monitoring, as combustion turbine, you must (1) You must not cause to be follows: discharged into the atmosphere from the continuously monitor the appropriate (1) Install, certify, maintain, and subject stationary combustion turbine parameters to determine whether the operate a continuous emission any gases which contain SO in excess unit is operating in low-NOX mode. 2 monitoring system (CEMS) consisting of (iii) For any turbine that uses SCR to of 780 ng/J (6.2 lb/MWh) gross output, a NOX monitor and a diluent gas reduce NO emissions, you must or X (oxygen (O2) or carbon dioxide (CO2)) continuously monitor appropriate (2) You must not burn in the subject monitor, to determine the hourly NOX parameters to verify the proper stationary combustion turbine any fuel emission rate in parts per million (ppm) operation of the emission controls. which contains total sulfur with or pounds per million British thermal (iv) For affected units that are also potential sulfur emissions in excess of units (lb/MMBtu); and regulated under part 75 of this chapter, 180 ng SO2/J (0.42 lb SO2/MMBtu) heat (2) For units complying with the with state approval you can monitor the input. If your turbine simultaneously output-based standard, install, calibrate, NOX emission rate using the fires multiple fuels, each fuel must meet maintain, and operate a fuel flow meter methodology in appendix E to part 75 this requirement. (or flow meters) to continuously of this chapter, or the low mass

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emissions methodology in § 75.19, the with state approval, satisfy the Equation D–15a in appendix D to part 75 requirements of this paragraph (b) may requirements of this paragraph by of this chapter, and be met by performing the parametric implementing the QA program and plan P = gross energy output of the combustion monitoring described in section 2.3 of described in section 1 of appendix B to turbine in MW. part 75 appendix E or in part 75 of this chapter. (2) For combined-cycle and combined § 75.19(c)(1)(iv)(H). § 60.4350 How do I use data from the heat and power complying with the § 60.4345 What are the requirements for continuous emission monitoring equipment output-based standard, use Equation 1 the continuous emission monitoring system to identify excess emissions? of this subpart, except that the gross equipment, if I choose to use this option? For purposes of identifying excess energy output is calculated as the sum of the total electrical and mechanical If the option to use a NOX CEMS is emissions: chosen: (a) All CEMS data must be reduced to energy generated by the combustion turbine, the additional electrical or (a) Each NOX diluent CEMS must be hourly averages as specified in installed and certified according to § 60.13(h). mechanical energy (if any) generated by Performance Specification 2 (PS 2) in (b) For each unit operating hour in the steam turbine following the heat appendix B to this part, except the 7-day which a valid hourly average, as recovery steam generator, and 100 calibration drift is based on unit described in § 60.4345(b), is obtained for percent of the total useful thermal operating days, not calendar days. With both NOX and diluent monitors, the data energy output that is not used to state approval, Procedure 1 in appendix acquisition and handling system must generate additional electricity or F to this part is not required. calculate and record the hourly NOX mechanical output, expressed in equivalent MW, as in the following Alternatively, a NOX diluent CEMS that emission rate in units of ppm or lb/ is installed and certified according to MMBtu, using the appropriate equation equations: appendix A of part 75 of this chapter is from method 19 in appendix A of this PPePePsPoEq= ()+ ()++ (). 2 acceptable for use under this subpart. part. For any hour in which the hourly tc The relative accuracy test audit (RATA) average O2 concentration exceeds 19.0 Where:

of the CEMS shall be performed on a lb/ percent O2 (or the hourly average CO2 P = gross energy output of the stationary MMBtu basis. concentration is less than 1.0 percent combustion turbine system in MW. (b) As specified in § 60.13(e)(2), CO2), a diluent cap value of 19.0 percent (Pe)t = electrical or mechanical energy output during each full unit operating hour, O2 or 1.0 percent CO2 (as applicable) of the combustion turbine in MW, both the NOX monitor and the diluent may be used in the emission (Pe)c = electrical or mechanical energy output monitor must complete a minimum of calculations. (if any) of the steam turbine in MW, and one cycle of operation (sampling, (c) Correction of measured NOX QH∗ analyzing, and data recording) for each concentrations to 15 percent O2 is not Ps = ()Eq. 3 15-minute quadrant of the hour, to allowed. 3.413 × 106 Btu/MWh (d) If you have installed and certified validate the hour. For partial unit Where: operating hours, at least one valid data a NOX diluent CEMS to meet the requirements of part 75 of this chapter, Ps = useful thermal energy of the steam, point must be obtained with each measured relative to ISO conditions, not monitor for each quadrant of the hour in states can approve that only quality used to generate additional electric or which the unit operates. For unit assured data from the CEMS shall be mechanical output, in MW, operating hours in which required used to identify excess emissions under Q = measured steam flow rate in lb/h, quality assurance and maintenance this subpart. Periods where the missing H = enthalpy of the steam at measured activities are performed on the CEMS, a data substitution procedures in subpart temperature and pressure relative to ISO minimum of two valid data points (one D of part 75 are applied are to be conditions, in Btu/lb, and 3.413 x 106 = in each of two quadrants) are required reported as monitor downtime in the conversion from Btu/h to MW. for each monitor to validate the NOX excess emissions and monitoring emission rate for the hour. performance report required under Po = other useful heat recovery, measured (c) Each fuel flowmeter shall be § 60.7(c). relative to ISO conditions, not used for steam (e) All required fuel flow rate, steam generation or performance enhancement of installed, calibrated, maintained, and the combustion turbine. operated according to the flow rate, temperature, pressure, and manufacturer’s instructions. megawatt data must be reduced to (3) For mechanical drive applications Alternatively, with state approval, fuel hourly averages. complying with the output-based flowmeters that meet the installation, (f) Calculate the hourly average NOX standard, use the following equation: certification, and quality assurance emission rates, in units of the emission standards under § 60.4320, using either () requirements of appendix D to part 75 NOX ppm for units complying with the E = m ()Eq. 4 of this chapter are acceptable for use BL ∗ AL under this subpart. concentration limit or the following (d) Each watt meter, steam flow meter, equation for units complying with the Where: and each pressure or temperature output based standard: E = NOX emission rate in lb/MWh, measurement device shall be installed, (1) For simple-cycle operation: (NOX)m = NOX emission rate in lb/h, calibrated, maintained, and operated BL = manufacturer’s base load rating of ()NO ∗ () HI turbine, in MW, and according to manufacturer’s X hh E = ()Eq. 1 AL = actual load as a percentage of the base instructions. P load. (e) The owner or operator shall Where: develop and keep on-site a quality (g) For simple cycle units without E = hourly NO emission rate, in lb/MWh, assurance (QA) plan for all of the X heat recovery, use the calculated hourly (NOX)h = hourly NOX emission rate, in lb/ continuous monitoring equipment MMBtu, average emission rates from paragraph described in paragraphs (a), (c), and (d) (HI)h = hourly heat input rate to the unit, in (f) of this section to assess excess of this section. For the CEMS and fuel MMBtu/h, measured using the fuel emissions on a 4-hour rolling average flow meters, the owner or operator may, flowmeter(s), e.g., calculated using basis, as described in § 60.4380(b)(1).

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(h) For combined cycle and combined engineering assessments and other data, the total sulfur content of the gaseous heat and power units with heat provided you demonstrate factors which fuel during the most recent performance recovery, use the calculated hourly assure compliance or explain why test was less than half the applicable average emission rates from paragraph performance testing is unnecessary to limit, ASTM D4084, D4810, D5504, or (f) of this section to assess excess establish indicator ranges. When D6228, or Gas Processors Association emissions on a 30 unit operating day establishing indicator ranges, you may Standard 2377 (all of which are rolling average basis, as described in choose to simplify the process by incorporated by reference, see § 60.17), § 60.4380(b)(1). treating the parameters as if they were which measure the major sulfur correlated. Using this assumption, compounds, may be used. § 60.4355 How do I establish and testing can be divided into two cases: document a proper parameter monitoring (i) All indicators are significant only § 60.4365 How can I be exempted from plan? on one end of range (e.g., for a thermal monitoring the total sulfur content of the fuel? (a) The steam or water to fuel ratio or incinerator controlling volatile organic other parameters that are continuously compounds (VOC) it is only important You may elect not to monitor the total monitored as described in §§ 60.4335 to insure a minimum temperature, not a sulfur content of the fuel combusted in and 60.4340 must be monitored during maximum). In this case, you may the turbine, if the fuel is demonstrated the performance test required under conduct your study so that each not to exceed potential sulfur emissions § 60.8, to establish acceptable values parameter is at the significant limit of its of 26 ng SO2/J (0.060 lb SO2/MMBtu) and ranges. You may supplement the range while you conduct your emissions heat input for units located in performance test data with engineering testing. If the emissions tests show that continental areas and 180 ng SO2/J (0.42 analyses, design specifications, the source is in compliance at the lb SO2/MMBtu) heat input for units manufacturer’s recommendations and significant limit of each parameter, then located in noncontinental areas or a other relevant information to define the as long as each parameter is within its continental area that the Administrator acceptable parametric ranges more limit, you are presumed to be in determines does not have access to precisely. You must develop and keep compliance. natural gas and that the removal of on-site a parameter monitoring plan (ii) Some or all indicators are sulfur compounds would cause more which explains the procedures used to significant on both ends of the range. In environmental harm than benefit. You document proper operation of the NOX this case, you may conduct your study must use one of the following sources of emission controls. The plan must: so that each parameter that is significant information to make the required (1) Include the indicators to be at both ends of its range assumes its demonstration: monitored and show there is a extreme values in all possible (a) The fuel quality characteristics in significant relationship to emissions and combinations of the extreme values a current, valid purchase contract, tariff proper operation of the NOX emission (either single or double) of all of the sheet or transportation contract for the controls, other parameters. For example, if there fuel, specifying that the maximum total (2) Pick ranges (or designated were only two parameters, A and B, and sulfur content for oil use in continental conditions) of the indicators, or describe A had a range of values while B had areas is 0.05 weight percent (500 ppmw) the process by which such range (or only a minimum value, the or less and 0.4 weight percent (4,000 designated condition) will be combinations would be A high with B ppmw) or less for noncontinental areas, established, minimum and A low with B minimum. the total sulfur content for natural gas (3) Explain the process you will use If both A and B had a range, the use in continental areas is 20 grains of to make certain that you obtain data that combinations would be A high and B sulfur or less per 100 standard cubic feet are representative of the emissions or high, A low and B low, A high and B and 140 grains of sulfur or less per 100 parameters being monitored (such as low, A low and B high. For the case of standard cubic feet for noncontinental detector location, installation four parameters all having a range, there areas, has potential sulfur emissions of specification if applicable), are 16 possible combinations. less than less than 26 ng SO2/J (0.060 lb (4) Describe quality assurance and (b) For affected units that are also SO2/MMBtu) heat input for continental control practices that are adequate to subject to part 75 of this chapter and areas and has potential sulfur emissions ensure the continuing validity of the that have state approval to use the low of less than less than 180 ng SO2/J (0.42 data, mass emissions methodology in § 75.19 lb SO2/MMBtu) heat input for (5) Describe the frequency of or the NO emission measurement noncontinental areas; or monitoring and the data collection X methodology in appendix E to part 75, (b) Representative fuel sampling data procedures which you will use (e.g., you you may meet the requirements of this which show that the sulfur content of are using a computerized data paragraph by developing and keeping the fuel does not exceed 26 ng SO2/J acquisition over a number of discrete on-site (or at a central location for (0.060 lb SO2/MMBtu) heat input for data points with the average (or unmanned facilities) a QA plan, as continental areas or 180 ng SO2/J (0.42 maximum value) being used for described in § 75.19(e)(5) or in section lb SO2/MMBtu) heat input for purposes of determining whether an 2.3 of appendix E to part 75 of this noncontinental areas. At a minimum, exceedance has occurred), and chapter and section 1.3.6 of appendix B the amount of fuel sampling data (6) Submit justification for the to part 75 of this chapter. specified in section 2.3.1.4 or 2.3.2.4 of proposed elements of the monitoring. If appendix D to part 75 of this chapter is a proposed performance specification § 60.4360 How do I determine the total required. differs from manufacturer sulfur content of the turbine’s combustion recommendation, you must explain the fuel? § 60.4370 How often must I determine the reasons for the differences. You must You must monitor the total sulfur sulfur content of the fuel? submit the data supporting the content of the fuel being fired in the The frequency of determining the justification, but you may refer to turbine, except as provided in § 60.4365. sulfur content of the fuel must be as generally available sources of The sulfur content of the fuel must be follows: information used to support the determined using total sulfur methods (a) Fuel oil. For fuel oil, use one of the justification. You may rely on described in § 60.4415. Alternatively, if total sulfur sampling options and the

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associated sampling frequency applicable limit, follow the procedures downtime, in accordance with § 60.7(c). described in sections 2.2.3, 2.2.4.1, in paragraph (c)(1)(iv) of this section. Excess emissions must be reported for 2.2.4.2, and 2.2.4.3 of appendix D to Otherwise, follow the procedures in all periods of unit operation, including part 75 of this chapter (i.e., flow paragraph (c)(1)(iii)(B) of this section. start-up, shutdown, and malfunction. proportional sampling, daily sampling, (B) Begin monitoring at 6-month (b) For each affected unit that sampling from the unit’s storage tank intervals for 12 months. If any sulfur performs annual performance tests in after each addition of fuel to the tank, content measurement exceeds the accordance with § 60.4340(a), you must or sampling each delivery prior to applicable limit, follow the procedures submit a written report of the results of combining it with fuel oil already in the in paragraph (c)(1)(iv) of this section. each performance test before the close of intended storage tank). Otherwise, follow the procedures in business on the 60th day following the (b) Gaseous fuel. If you elect not to paragraph (c)(1)(iii)(C) of this section. completion of the performance test. demonstrate sulfur content using (C) Begin monitoring at 12-month options in § 60.4365, and the fuel is § 60.4380 How are excess emissions and intervals. If any sulfur content monitor downtime defined for NO ? supplied without intermediate bulk measurement exceeds the applicable X storage, the sulfur content value of the limit, follow the procedures in For the purpose of reports required gaseous fuel must be determined and paragraph (c)(1)(iv) of this section. under § 60.7(c), periods of excess recorded once per unit operating day. Otherwise, continue to monitor at this emissions and monitor downtime that (c) Custom schedules. frequency. must be reported are defined as follows: (a) For turbines using water or steam Notwithstanding the requirements of (iv) If a sulfur content measurement to fuel ratio monitoring: paragraph (b) of this section, operators exceeds the applicable limit, (1) An excess emission is any unit or fuel vendors may develop custom immediately begin daily monitoring operating hour for which the 4-hour schedules for determination of the total according to paragraph (c)(1)(i) of this rolling average steam or water to fuel sulfur content of gaseous fuels, based on section. Daily monitoring shall continue ratio, as measured by the continuous the design and operation of the affected until 30 consecutive daily samples, each monitoring system, falls below the facility and the characteristics of the having a sulfur content no greater than acceptable steam or water to fuel ratio fuel supply. Except as provided in the applicable limit, are obtained. At needed to demonstrate compliance with paragraphs (c)(1) and (c)(2) of this that point, the applicable procedures of § 60.4320, as established during the section, custom schedules shall be paragraph (c)(1)(ii) or (iii) of this section performance test required in § 60.8. Any substantiated with data and shall be shall be followed. unit operating hour in which no water approved by the Administrator before (2) The owner or operator may use the or steam is injected into the turbine they can be used to comply with the data collected from the 720-hour sulfur when a fuel is being burned that standard in § 60.4330. sampling demonstration described in requires water or steam injection for (1) The two custom sulfur monitoring section 2.3.6 of appendix D to part 75 NO control will also be considered an schedules set forth in paragraphs of this chapter to determine a custom X excess emission. (c)(1)(i) through (iv) and in paragraph sulfur sampling schedule, as follows: (c)(2) of this section are acceptable, (2) A period of monitor downtime is (i) If the maximum fuel sulfur content any unit operating hour in which water without prior Administrative approval: obtained from the 720 hourly samples (i) The owner or operator shall obtain or steam is injected into the turbine, but does not exceed 20 grains/100 scf, no daily total sulfur content measurements the essential parametric data needed to additional monitoring of the sulfur for 30 consecutive unit operating days, determine the steam or water to fuel content of the gas is required, for the using the applicable methods specified ratio are unavailable or invalid. purposes of this subpart. in this subpart. Based on the results of (3) Each report must include the (ii) If the maximum fuel sulfur the 30 daily samples, the required average steam or water to fuel ratio, content obtained from any of the 720 frequency for subsequent monitoring of average fuel consumption, and the hourly samples exceeds 20 grains/100 the fuel’s total sulfur content shall be as combustion turbine load during each scf, but none of the sulfur content specified in paragraph (c)(1)(ii), (iii), or excess emission. values (when converted to weight (iv) of this section, as applicable. (b) For turbines using continuous (ii) If none of the 30 daily percent sulfur) exceeds half the emission monitoring, as described in measurements of the fuel’s total sulfur applicable limit, then the minimum §§ 60.4335(b) and 60.4345: content exceeds half the applicable required sampling frequency shall be (1) An excess emissions is any unit standard, subsequent sulfur content one sample at 12 month intervals. operating period in which the 4-hour or (iii) If any sample result exceeds half monitoring may be performed at 12- 30-day rolling average NOX emission month intervals. If any of the samples the applicable limit, but none exceeds rate exceeds the applicable emission taken at 12-month intervals has a total the applicable limit, follow the limit in § 60.4320. For the purposes of sulfur content greater than half but less provisions of paragraph (c)(1)(iii) of this this subpart, a ‘‘4-hour rolling average section. than the applicable limit, follow the NOX emission rate’’ is the arithmetic (iv) If the sulfur content of any of the procedures in paragraph (c)(1)(iii) of average of the average NOX emission 720 hourly samples exceeds the this section. If any measurement rate in ppm or ng/J (lb/MWh) measured applicable limit, follow the provisions exceeds the applicable limit, follow the by the continuous emission monitoring of paragraph (c)(1)(iv) of this section. procedures in paragraph (c)(1)(iv) of this equipment for a given hour and the section. Reporting three unit operating hour average NOX (iii) If at least one of the 30 daily emission rates immediately preceding measurements of the fuel’s total sulfur § 60.4375 What reports must I submit? that unit operating hour. Calculate the content is greater than half but less than (a) For each affected unit required to rolling average if a valid NOX emission the applicable limit, but none exceeds continuously monitor parameters or rate is obtained for at least 3 of the 4 the applicable limit, then: emissions, or to periodically determine hours. For the purposes of this subpart, (A) Collect and analyze a sample the fuel sulfur content under this a ‘‘30-day rolling average NOX emission every 30 days for 3 months. If any sulfur subpart, you must submit reports of rate’’ is the arithmetic average of all content measurement exceeds the excess emissions and monitor hourly NOX emission data in ppm or

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ng/J (lb/MWh) measured by the § 60.4385 How are excess emissions and from the NOX limit and must submit an continuous emission monitoring monitoring downtime defined for SO2? initial report to the Administrator equipment for a given day and the If you choose the option to monitor stating your case. the sulfur content of the fuel, excess twenty-nine unit operating days (b) Combustion turbines engaged by immediately preceding that unit emissions and monitoring downtime are defined as follows: manufacturers in research and operating day. A new 30-day average is development of equipment for both calculated each unit operating day as (a) For samples of gaseous fuel and for oil samples obtained using daily combustion turbine emission control the average of all hourly NO emissions X sampling, flow proportional sampling, techniques and combustion turbine rates for the preceding 30 unit operating or sampling from the unit’s storage tank, efficiency improvements may be days if a valid NO emission rate is X an excess emission occurs each unit exempted from the NOX limit on a case- obtained for at least 75 percent of all operating hour included in the period by-case basis as determined by the operating hours. beginning on the date and hour of any Administrator. You must petition for the (2) A period of monitor downtime is sample for which the sulfur content of exemption. any unit operating hour in which the the fuel being fired in the combustion data for any of the following parameters turbine exceeds the applicable limit and § 60.4395 When must I submit my reports? are either missing or invalid: NOX ending on the date and hour that a All reports required under § 60.7(c) concentration, CO2 or O2 concentration, subsequent sample is taken that must be postmarked by the 30th day fuel flow rate, steam flow rate, steam demonstrates compliance with the following the end of each 6-month temperature, steam pressure, or sulfur limit. period. (b) If the option to sample each megawatts. The steam flow rate, steam delivery of fuel oil has been selected, temperature, and steam pressure are Performance Tests you must immediately switch to one of only required if you will use this the other oil sampling options (i.e., § 60.4400 How do I conduct the initial and information for compliance purposes. daily sampling, flow proportional subsequent performance tests, regarding (3) For operating periods during sampling, or sampling from the unit’s NOX? which multiple emissions standards storage tank) if the sulfur content of a (a) You must conduct an initial apply, the applicable standard is the delivery exceeds 0.05 weight percent. performance test, as required in § 60.8. You must continue to use one of the average of the applicable standards Subsequent NOX performance tests shall during each hour. For hours with other sampling options until all of the be conducted on an annual basis (no multiple emissions standards, the oil from the delivery has been more than 14 calendar months following combusted, and you must evaluate applicable limit for that hour is the previous performance test). determined based on the condition that excess emissions according to paragraph (1) There are two general corresponded to the highest emissions (a) of this section. When all of the fuel methodologies that you may use to standard. from the delivery has been burned, you may resume using the as-delivered conduct the performance tests. For each (c) For turbines required to monitor sampling option. test run: combustion parameters or parameters (c) A period of monitor downtime (i) Measure the NO concentration (in that document proper operation of the X begins when a required sample is not parts per million (ppm)), using EPA NOX emission controls: taken by its due date. A period of Method 7E or EPA Method 20 in monitor downtime also begins on the (1) An excess emission is a 4-hour appendix A of this part. For units rolling unit operating hour average in date and hour of a required sample, if invalid results are obtained. The period complying with the output based which any monitored parameter does standard, concurrently measure the not achieve the target value or is outside of monitor downtime ends on the date and hour of the next valid sample. stack gas flow rate, using EPA Methods the acceptable range defined in the 1 and 2 in appendix A of this part, and parameter monitoring plan for the unit. § 60.4390 What are my reporting measure and record the electrical and (2) A period of monitor downtime is requirements if I operate an emergency thermal output from the unit. Then, use combustion turbine or a research and a unit operating hour in which any of development turbine? the following equation to calculate the the required parametric data are either NOX emission rate: (a) If you operate an emergency not recorded or are invalid. combustion turbine, you are exempt

1. 194 ×∗ 10−7 ()NO ∗ Q E = X c std ()Eq. 5 P

Where: and mechanical output from the Methods 7E and 3A, or EPA Method 20 E = NOX emission rate, in lb/MWh combustion and steam turbines, or, for in appendix A of this part. Concurrently 1.194 × 10¥7 = conversion constant, in lb/ combined heat and power operation, the measure the heat input to the unit, using dscf-ppm sum of all electrical and mechanical output a fuel flowmeter (or flowmeters), and (NOX)c = average NOX concentration for the from the combustion and steam turbines measure the electrical and thermal plus all useful recovered thermal output run, in ppm output of the unit. Use EPA Method 19 Qstd = stack gas volumetric flow rate, in dscf/ not used for additional electric or hr mechanical generation, in MW, calculated in appendix A of this part to calculate P = gross electrical and mechanical energy according to § 60.4350(f)(2); or the NOX emission rate in lb/MMBtu. output of the combustion turbine, in MW Then, use Equations 1 and, if necessary, (for simple-cycle operation), for combined- (ii) Measure the NOX and diluent gas 2 and 3 in § 60.4350(f) to calculate the cycle operation, the sum of all electrical concentrations, using either EPA NOX emission rate in lb/MWh.

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(2) Sampling traverse points for NOX diluent concentrations differs by no ambient temperature must be greater and (if applicable) diluent gas are to be more than ±1ppm or ±0.15 percent CO2 than 0 °F during the RATA runs. selected following EPA Method 20 or (or O2) from the mean for all traverse (b) For each RATA run, concurrently EPA Method 1 (non-particulate points. measure the heat input to the unit using procedures), and sampled for equal time (b) The performance test must be done a fuel flow meter (or flow meters) and intervals. The sampling must be at any load condition within plus or measure the electrical and thermal performed with a traversing single-hole minus 25 percent of 100 percent of peak output from the unit. probe, or, if feasible, with a stationary load. You may perform testing at the (c) Use the test data both to multi-hole probe that samples each of highest achievable load point, if at least demonstrate compliance with the the points sequentially. Alternatively, a 75 percent of peak load cannot be applicable NOX emission limit under multi-hole probe designed and achieved in practice. You must conduct § 60.4320 and to provide the required documented to sample equal volumes three separate test runs for each reference method data for the RATA of from each hole may be used to sample performance test. The minimum time the CEMS described under § 60.4335. simultaneously at the required points. per run is 20 minutes. (d) Compliance with the applicable (3) Notwithstanding paragraph (a)(2) (1) If the stationary combustion emission limit in § 60.4320 is achieved of this section, you may test at fewer turbine combusts both oil and gas as if the arithmetic average of all of the points than are specified in EPA Method primary or backup fuels, separate NOX emission rates for the RATA runs, 1 or EPA Method 20 in appendix A of performance testing is required for each expressed in units of ppm or lb/MWh, this part if the following conditions are fuel. does not exceed the emission limit. met: (2) For a combined cycle and CHP (i) You may perform a stratification turbine systems with supplemental heat § 60.4410 How do I establish a valid parameter range if I have chosen to test for NOX and diluent pursuant to (duct burner), you must measure the continuously monitor parameters? (A) [Reserved], or total NOX emissions after the duct (B) The procedures specified in burner rather than directly after the If you have chosen to monitor section 6.5.6.1(a) through (e) of turbine. The duct burner must be in combustion parameters or parameters appendix A of part 75 of this chapter. operation during the performance test. indicative of proper operation of NOX (ii) Once the stratification sampling is (3) If water or steam injection is used emission controls in accordance with completed, you may use the following to control NOX with no additional post- § 60.4340, the appropriate parameters alternative sample point selection combustion NOX control and you must be continuously monitored and criteria for the performance test: choose to monitor the steam or water to recorded during each run of the initial (A) If each of the individual traverse performance test, to establish acceptable ± fuel ratio in accordance with § 60.4335, point NOX concentrations is within 10 then that monitoring system must be operating ranges, for purposes of the percent of the mean concentration for operated concurrently with each EPA parameter monitoring plan for the all traverse points, or the individual Method 20 or EPA Method 7E run and affected unit, as specified in § 60.4355. traverse point diluent concentrations must be used to determine the fuel differs by no more than ±5ppm or ±0.5 § 60.4415 How do I conduct the initial and consumption and the steam or water to subsequent performance tests for sulfur? percent CO2 (or O2) from the mean for fuel ratio necessary to comply with the (a) You must conduct an initial all traverse points, then you may use applicable § 60.4320 NO emission three points (located either 16.7, 50.0 X performance test, as required in § 60.8. limit. Subsequent SO performance tests shall and 83.3 percent of the way across the (4) Compliance with the applicable 2 be conducted on an annual basis (no stack or duct, or, for circular stacks or emission limit in § 60.4320 must be more than 14 calendar months following ducts greater than 2.4 meters (7.8 feet) demonstrated at each tested load level. the previous performance test). There in diameter, at 0.4, 1.2, and 2.0 meters Compliance is achieved if the three-run are three methodologies that you may from the wall). The three points must be arithmetic average NO emission rate at X use to conduct the performance tests. located along the measurement line that each tested level meets the applicable exhibited the highest average NOX (1) If you choose to periodically emission limit in § 60.4320. determine the sulfur content of the fuel concentration during the stratification (5) If you elect to install a CEMS, the combusted in the turbine, a test; or performance evaluation of the CEMS representative fuel sample would be (B) For turbines with a NOX standard may either be conducted separately or collected following ASTM D5287 greater than 15 ppm @ 15% O2, you may (as described in § 60.4405) as part of the (incorporated by reference, see § 60.17) sample at a single point, located at least initial performance test of the affected for natural gas or ASTM D4177 1 meter from the stack wall or at the unit. (incorporated by reference, see § 60.17) stack centroid if each of the individual (6) The ambient temperature must be for oil. Alternatively, for oil, you may traverse point NOX concentrations is greater than 0 °F during the performance ± follow the procedures for manual within 5 percent of the mean test. concentration for all traverse points, or pipeline sampling in section 14 of the individual traverse point diluent § 60.4405 How do I perform the initial ASTM D4057 (incorporated by concentrations differs by no more than performance test if I have chosen to install reference, see § 60.17). The fuel analyses ±3ppm or ±0.3 percent CO2 (or O2) from a NOX-diluent CEMS? of this section may be performed either the mean for all traverse points; or If you elect to install and certify a by you, a service contractor retained by (C) For turbines with a NOX standard NOX-diluent CEMS under § 60.4345, you, the fuel vendor, or any other less than or equal to 15 ppm @ 15% O2, then the initial performance test qualified agency. Analyze the samples you may sample at a single point, required under § 60.8 may be performed for the total sulfur content of the fuel located at least 1 meter from the stack in the following alternative manner: using: wall or at the stack centroid if each of (a) Perform a minimum of nine RATA (i) For liquid fuels, ASTM D129, or the individual traverse point NOX reference method runs, with a minimum alternatively D1266, D1552, D2622, concentrations is within ±2.5 percent of time per run of 21 minutes, at a single D4294, or D5453 (all of which are the mean concentration for all traverse load level, within plus or minus 25 incorporated by reference, see § 60.17); points, or the individual traverse point percent of 100 percent of peak load. The or

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(ii) For gaseous fuels, ASTM D1072, of this part. In addition, the American with the output based standard, or alternatively D3246, D4084, D4468, Society of Mechanical Engineers concurrently measure the stack gas flow D4810, D6228, D6667, or Gas Processors (ASME) standard, ASME PTC 19–10– rate, using EPA Methods 1 and 2 in Association Standard 2377 (all of which 1981–Part 10, ‘‘Flue and Exhaust Gas appendix A of this part, and measure are incorporated by reference, see Analyses,’’ manual methods for sulfur and record the electrical and thermal § 60.17). dioxide (incorporated by reference, see output from the unit. Then use the (2) Measure the SO2 concentration (in § 60.17) can be used instead of EPA following equation to calculate the SO2 parts per million (ppm)), using EPA Methods 6 or 20. For units complying emission rate: Methods 6, 6C, 8, or 20 in appendix A

1. 664 ×∗ 10−7 ()SO ∗ Q E = 2 c std ()Eq. 6 P

Where: Combined heat and power used as peaking units at electric utilities E = SO2 emission rate, in lb/MWh combustion turbine means any or stationary combustion turbines at 1.664 × 10¥7 = conversion constant, in lb/ stationary combustion turbine which industrial facilities that typically dscf-ppm recovers heat from the exhaust gases to operate at low capacity factors. (SO2)c = average SO2 concentration for the heat water or another medium, generate Emergency combustion turbines may be run, in ppm steam for useful purposes other than operated for the purpose of maintenance Qstd = stack gas volumetric flow rate, in dscf/ hr additional electric generation, or checks and readiness testing, provided P = gross electrical and mechanical energy directly uses the heat in the exhaust that the tests are required by the output of the combustion turbine, in MW gases for a useful purpose. manufacturer, the vendor, or the (for simple-cycle operation), for combined- Combustion turbine model means a insurance company associated with the cycle operation, the sum of all electrical group of combustion turbines having the turbine. Required testing of such units and mechanical output from the same nominal air flow, combustor inlet should be minimized, but there is no combustion and steam turbines, or, for pressure, combustor inlet temperature, combined heat and power operation, the time limit on the use of emergency sum of all electrical and mechanical output firing temperature, turbine inlet combustion turbines. from the combustion and steam turbines temperature and turbine inlet pressure. Excess emissions means a specified plus all useful recovered thermal output Combustion turbine test cell/stand averaging period over which either (1) not used for additional electric or means any apparatus used for testing the NOX emissions are higher than the mechanical generation, in MW, calculated uninstalled stationary or uninstalled applicable emission limit in § 60.4320; according to § 60.4350(f)(2); or mobile (motive) combustion turbines. (2) the total sulfur content of the fuel (3) Measure the SO2 and diluent gas Diffusion flame stationary combustion being combusted in the affected facility concentrations, using either EPA turbine means any stationary exceeds the limit specified in § 60.4330; Methods 6, 6C, or 8 and 3A, or 20 in combustion turbine where fuel and air or (3) the recorded value of a particular appendix A of this part. In addition, you are injected at the combustor and are monitored parameter is outside the may use the manual methods for sulfur mixed only by diffusion prior to acceptable range specified in the dioxide ASME PTC 19–10–1981–Part 10 ignition. parameter monitoring plan for the (incorporated by reference, see § 60.17). Duct burner means a device that affected unit. Concurrently measure the heat input to combusts fuel and that is placed in the Gross useful output means the gross the unit, using a fuel flowmeter (or exhaust duct from another source, such useful work performed by the stationary flowmeters), and measure the electrical as a stationary combustion turbine, combustion turbine system. For units and thermal output of the unit. Use EPA internal combustion engine, kiln, etc., to using the mechanical energy directly or Method 19 in appendix A of this part to allow the firing of additional fuel to heat generating only electricity, the gross calculate the SO2 emission rate in lb/ the exhaust gases before the exhaust useful work performed is the gross MMBtu. Then, use Equations 1 and, if gases enter a heat recovery steam electrical or mechanical output from the necessary, 2 and 3 in § 60.4350(f) to generating unit. turbine/generator set. For combined calculate the SO2 emission rate in lb/ Efficiency means the combustion heat and power units, the gross useful MWh. turbine manufacturer’s rated heat rate at work performed is the gross electrical or (b) [Reserved] peak load in terms of heat input per unit mechanical output plus the useful of power output—based on the higher Definitions thermal output (i.e., thermal energy heating value of the fuel. delivered to a process). § 60.4420 What definitions apply to this Emergency combustion turbine means Heat recovery steam generating unit subpart? any stationary combustion turbine means a unit where the hot exhaust As used in this subpart, all terms not which operates in an emergency gases from the combustion turbine are defined herein will have the meaning situation. Examples include stationary routed in order to extract heat from the given them in the Clean Air Act and in combustion turbines used to produce gases and generate steam, for use in a subpart A (General Provisions) of this power for critical networks or steam turbine or other device that part. equipment, including power supplied to utilizes steam. Heat recovery steam Combined cycle combustion turbine portions of a facility, when electric generating units can be used with or means any stationary combustion power from the local utility is without duct burners. turbine which recovers heat from the interrupted, or stationary combustion Integrated gasification combined combustion turbine exhaust gases to turbines used to pump water in the case cycle electric utility steam generating generate steam that is only used to of fire or flood, etc. Emergency unit means a coal-fired electric utility create additional power output in a stationary combustion turbines do not steam generating unit that burns a steam turbine. include stationary combustion turbines synthetic gas derived from coal in a

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combined-cycle gas turbine. No solid result in highly variable sulfur content combined cycle combustion turbine, coal is directly burned in the unit or heating value. and any combined heat and power during operation. Noncontinental area means the State combustion turbine based system. ISO conditions means 288 Kelvin, 60 of Hawaii, the Virgin Islands, Guam, Stationary means that the combustion percent relative humidity and 101.3 American Samoa, the Commonwealth of turbine is not self propelled or intended kilopascals pressure. Puerto Rico, the Northern Mariana to be propelled while performing its Lean premix stationary combustion Islands, or offshore platforms. function. It may, however, be mounted Peak load means 100 percent of the turbine means any stationary on a vehicle for portability. manufacturer’s design capacity of the combustion turbine where the air and Unit operating day means a 24-hour combustion turbine at ISO conditions. fuel are thoroughly mixed to form a lean period between 12 midnight and the Regenerative cycle combustion following midnight during which any mixture before delivery to the turbine means any stationary combustor. Mixing may occur before or fuel is combusted at any time in the combustion turbine which recovers heat unit. It is not necessary for fuel to be in the combustion chamber. A lean from the combustion turbine exhaust combusted continuously for the entire premixed turbine may operate in gases to preheat the inlet combustion air 24-hour period. diffusion flame mode during operating to the combustion turbine. conditions such as startup and Simple cycle combustion turbine Unit operating hour means a clock shutdown, extreme ambient means any stationary combustion hour during which any fuel is temperature, or low or transient load. turbine which does not recover heat combusted in the affected unit. If the Natural gas means a naturally from the combustion turbine exhaust unit combusts fuel for the entire clock occurring fluid mixture of hydrocarbons gases to preheat the inlet combustion air hour, it is considered to be a full unit (e.g., methane, ethane, or propane) to the combustion turbine, or which operating hour. If the unit combusts fuel produced in geological formations does not recover heat from the for only part of the clock hour, it is beneath the Earth’s surface that combustion turbine exhaust gases for considered to be a partial unit operating maintains a gaseous state at standard purposes other than enhancing the hour. atmospheric temperature and pressure performance of the combustion turbine Useful thermal output means the under ordinary conditions. itself. thermal energy made available for use in Additionally, natural gas must either be Stationary combustion turbine means any industrial or commercial process, or composed of at least 70 percent methane all equipment, including but not limited used in any heating or cooling by volume or have a gross calorific to the turbine, the fuel, air, lubrication application, i.e., total thermal energy value between 950 and 1,100 British and exhaust gas systems, control made available for processes and thermal units (Btu) per standard cubic systems (except emissions control applications other than electrical or foot. Natural gas does not include the equipment), heat recovery system, and mechanical generation. Thermal output following gaseous fuels: landfill gas, any ancillary components and sub- for this subpart means the energy in digester gas, refinery gas, sour gas, blast components comprising any simple recovered thermal output measured furnace gas, coal-derived gas, producer cycle stationary combustion turbine, against the energy in the thermal output gas, coke oven gas, or any gaseous fuel any regenerative/recuperative cycle at 15 degrees Celsius and 101.325 produced in a process which might stationary combustion turbine, any kilopascals of pressure.

TABLE 1.—TO SUBPART KKKK OF PART 60.—NITROGEN OXIDE EMISSION LIMITS FOR NEW STATIONARY COMBUSTION TURBINES

Combustion turbine heat input at peak load Combustion turbine type (HHV) NOX emission standard

New turbine firing natural gas, electric gener- ≤ 50 MMBtu/h ...... 42 ppm at 15 percent O2 or 290 ng/J of useful ating. output (2.3 lb/MWh). New turbine firing natural gas, mechanical drive ≤ 50 MMBtu/h ...... 100 ppm at 15 percent O2 or 690 ng/J of use- ful output (5.5 lb/MWh). New turbine firing natural gas ...... > 50 MMBtu/h and ≤ 850 MMBtu/h ...... 25 ppm at 15 percent O2 or 150 ng/J of useful output (1.2 lb/MWh). New, modified, or reconstructed turbine firing > 850 MMBtu/h ...... 15 ppm at 15 percent O2 or 54 ng/J of useful natural gas. output (0.43 lb/MWh) New turbine firing fuels other than natural gas, ≤ 50 MMBtu/h ...... 96 ppm at 15 percent O2 or 700 ng/J of useful electric generating. output (5.5 lb/MWh). New turbine firing fuels other than natural gas, ≤ 50 MMBtu/h ...... 150 ppm at 15 percent O2 or 1,100 ng/J of mechanical drive. useful output (8.7 lb/MWh). New turbine firing fuels other than natural gas .. > 50 MMBtu/h and ≤ 850 MMBtu/h ...... 74 ppm at 15 percent O2 or 460 ng/J of useful output (3.6 lb/MWh). New, modified, or reconstructed turbine firing > 850 MMBtu/h ...... 42 ppm at 15 percent O2 or 160 ng/J of useful fuels other than natural gas. output (1.3 lb/MWh). Modified or reconstructed turbine ...... ≤ 50 MMBtu/h ...... 150 ppm at 15 percent O2 or 1,100 ng/J of useful output (8.7 lb/MWh). Modified or reconstructed turbine firing natural > 50 MMBtu/h and ≤ 850 MMBtu/h ...... 42 ppm at 15 percent O2 or 250 ng/J of useful gas. output (2.0 lb/MWh). Modified or reconstructed turbine firing fuels > 50 MMBtu/h and ≤ 850 MMBtu/h ...... 96 ppm at 15 percent O2 or 590 ng/J of useful other than natural gas. output (4.7 lb/MWh).

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TABLE 1.—TO SUBPART KKKK OF PART 60.—NITROGEN OXIDE EMISSION LIMITS FOR NEW STATIONARY COMBUSTION TURBINES—Continued

Combustion turbine heat input at peak load emission standard Combustion turbine type (HHV) NOX

Turbines located north of the Arctic Circle (lati- ≤ 30 MW output ...... 150 ppm at 15 percent O2 or 1,100 ng/J of tude 66.5 degrees north), turbines operating useful output (8.7 lb/MWh). at less than 75 percent of peak load, modi- fied and reconstructed offshore turbines, and turbine operating at temperatures less than 0°F. Turbines located north of the Arctic Circle (lati- > 30 MW output ...... 96 ppm at 15 percent O2 or 590 ng/J of useful tude 66.5 degrees north), turbines operating output (4.7 lb/MWh). at less than 75 percent of peak load, modi- fied and reconstructed offshore turbines, and turbine operating at temperatures less than 0°F. Heat recovery units operating independent of All sizes ...... 54 ppm at 15 percent O2 or 110 ng/J of useful the combustion turbine. output (0.86 lb/MWh).

[FR Doc. 06–5945 Filed 7–5–06; 8:45 am] BILLING CODE 6560–50–P

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Part IV

The President Proclamation 8034—To Implement the Dominican Republic-Central America- United States Free Trade Agreement With Respect to Guatemala, and For Other Purposes

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Federal Register Presidential Documents Vol. 71, No. 129

Thursday, July 6, 2006

Title 3— Proclamation 8034 of June 30, 2006

The President To Implement the Dominican Republic-Central America- United States Free Trade Agreement With Respect to Guate- mala, and For Other Purposes

By the President of the United States of America

A Proclamation 1. On August 5, 2004, the United States entered into the Dominican Republic- Central America-United States Free Trade Agreement (Agreement) with Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, and Nica- ragua (Agreement countries). The Agreement was approved by the Congress in section 101(a) of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (the ‘‘Act’’) (Public Law 109– 53, 119 Stat. 462) (19 U.S.C. 4001 note). 2. Section 201 of the Act authorizes the President to proclaim such modifica- tions or continuation of any duty, such continuation of duty-free or excise treatment, or such additional duties, as the President determines to be nec- essary or appropriate to carry out or apply Article 3.3 and Annex 3.3 (including the schedule of United States duty reductions with respect to originating goods) of the Agreement. 3. Consistent with section 201(a)(2) of the Act, each Agreement country is to be removed from the enumeration of designated beneficiary developing countries eligible for the benefits of the Generalized System of Preferences (GSP) on the date the Agreement enters into force with respect to that country. 4. Consistent with section 201(a)(3) of the Act, each Agreement country is to be removed from the enumeration of designated beneficiary countries under the Caribbean Basin Economic Recovery Act (CBERA) (19 U.S.C. 2701 et seq.) on the date the Agreement enters into force with respect to that country, subject to the exceptions set out in section 201(a)(3)(B) of the Act. 5. Consistent with section 213(b)(5)(D) of the CBERA, as amended by the United States-Caribbean Basin Trade Partnership Act (CBTPA) (Public Law 106–200), each Agreement country is to be removed from the enumeration of designated CBTPA beneficiary countries on the date the Agreement enters into force with respect to that country. 6. Section 604 of the Trade Act of 1974 (the ‘‘1974 Act’’) (19 U.S.C. 2483), as amended, authorizes the President to embody in the Harmonized Tariff Schedule of the United States (HTS) the substance of relevant provisions of that Act, or other acts affecting import treatment, and of actions taken thereunder. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, acting under the authority vested in me by the Constitution and the laws of the United States of America, including but not limited to section 201 of the Act and section 604 of the 1974 Act, and the Act having taken effect pursuant to section 107(a), do proclaim that: (1) In order to provide generally for the preferential tariff treatment being accorded under the Agreement to Guatemala, to provide certain other treat- ment to originating goods for the purposes of the Agreement, to provide

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tariff-rate quotas with respect to certain goods, to reflect the removal of Guatemala from the enumeration of designated beneficiary developing coun- tries for purposes of the GSP, to reflect the removal of Guatemala from the enumeration of designated beneficiary countries for purposes of the CBERA and the CBTPA, to implement statistical monitoring relating to tariff provisions that the President previously proclaimed to implement the Agree- ment, and to make technical and conforming changes in the general notes to the HTS, the HTS is modified as set forth in the Annex of Publication 3861 of the United States International Trade Commission, entitled ‘‘Modifications to the Harmonized Tariff Schedule of the United States to Implement the Dominican Republic-Central America-United States Free Trade Agreement With Respect to Guatemala’’ (Publication 3861), which is incorporated by reference into this proclamation. (2)(a) The amendments to the HTS made by paragraph (1) of this proclama- tion shall be effective with respect to goods entered, or withdrawn from warehouse for consumption, on or after the relevant dates indicated in the Annex to Publication 3861. (b) Except as provided in paragraph (2)(a) of this proclamation, this procla- mation shall be effective with respect to goods entered, or withdrawn from warehouse for consumption, on or after July 1, 2006. (3) Any provisions of previous proclamations and Executive Orders that are inconsistent with the actions taken in this proclamation are superseded to the extent of such inconsistency. IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of June, in the year of our Lord two thousand six, and of the Independence of the United States of America the two hundred and thirtieth. W

[FR Doc. 06–6064 Filed 7–5–06; 8:45 am] Billing code 3195–01–P

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Reader Aids Federal Register Vol. 71, No. 129 Thursday, July 6, 2006

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JULY

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. 18 CFR Presidential Documents 3 CFR 284...... 38066 Executive orders and proclamations 741–6000 Proclamations: The United States Government Manual 741–6000 7758 (See 8033)...... 38255 20 CFR 8033...... 38255 Other Services 8034...... 38509 422...... 38066 Electronic and on-line services (voice) 741–6020 Executive Orders: 21 CFR Privacy Act Compilation 741–6064 13381 (Amended by Public Laws Update Service (numbers, dates, etc.) 741–6043 13408) ...... 37807 520...... 38071, 38072 TTY for the deaf-and-hard-of-hearing 741–6086 13408...... 37807 524...... 38073, 38261 7 CFR 26 CFR ELECTRONIC RESEARCH 625...... 38053 1 ...... 38074, 38261, 38262 301...... 38262 World Wide Web Proposed Rules: 205...... 37854 Proposed Rules: Full text of the daily Federal Register, CFR and other publications 1...... 38322, 38323 is located at: http://www.gpoaccess.gov/nara/index.html 319...... 38302 916...... 38115 301...... 38323 Federal Register information and research tools, including Public 917...... 38115 602...... 38323 Inspection List, indexes, and links to GPO Access are located at: 1421...... 37857 http://www.archives. gov/federallregister/ 27 CFR E-mail 9 CFR Proposed Rules: 94...... 38259 9...... 37870 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is an open e-mail service that provides subscribers with a digital 10 CFR 28 CFR form of the Federal Register Table of Contents. The digital form 58...... 38076 of the Federal Register Table of Contents includes HTML and Proposed Rules: 20...... 37862 PDF links to the full text of each document. 29 CFR 32...... 37862 To join or leave, go to http://listserv.access.gpo.gov and select 1910...... 38085 Online mailing list archives, FEDREGTOC-L, Join or leave the list 12 CFR 1915...... 38085 (or change settings); then follow the instructions. Proposed Rules: 1926...... 38085 PENS (Public Law Electronic Notification Service) is an e-mail 563...... 37862 30 CFR service that notifies subscribers of recently enacted laws. 14 CFR Proposed Rules: To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 250...... 37874 and select Join or leave the list (or change settings); then follow 39 ...... 37980, 38053, 38054, the instructions. 38059, 38062 97...... 38064 33 CFR FEDREGTOC-L and PENS are mailing lists only. We cannot Proposed Rules: 165 ...... 37822, 37824, 37825, respond to specific inquiries. 39 ...... 37868, 38304, 38311 37827, 37829, 37831, 37833, Reference questions. Send questions and comments about the 91...... 38118 37835, 37837, 38087, 38089 Federal Register system to: [email protected] 15 CFR 34 CFR The Federal Register staff cannot interpret specific documentsor regulations. Proposed Rules: 668...... 37990 740...... 38313 674...... 37990 742...... 38313 675...... 37990 FEDERAL REGISTER PAGES AND DATE, JULY 744...... 38313 676...... 37990 682...... 37990 37807–38052...... 3 748...... 38313 764...... 38321 685...... 37990 38053–38258...... 5 766...... 38321 690...... 37990 38259–38510...... 6 691...... 37990 16 CFR 36 CFR Proposed Rules: 311...... 38321 Proposed Rules: 1193...... 38324 17 CFR 1194...... 38324 1...... 37809 40 CFR 15...... 37809 16...... 37809 60...... 38482 17...... 37809 Proposed Rules: 18...... 37809 82...... 38325 19...... 37809 122...... 37880 21...... 37809 180...... 38125 37...... 37809 412...... 37880

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42 CFR 54...... 38266 2...... 38238 226...... 38277 413...... 38264 64...... 38091, 38268 7...... 38238 300...... 38297, 38298 Proposed Rules: 18...... 38247 660...... 37839, 38111 73...... 38346 34...... 38238 680...... 38112, 38298 47 CFR 52...... 38238 1...... 38091 Proposed Rules: 22...... 38091 48 CFR 50 CFR 17...... 37881 24...... 38091 Ch. 1...... 38238, 38250 223...... 38270 648...... 38352

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REMINDERS Gentamicin sulfate, for comments until further 06; published 6-28-06 [FR The items in this list were betamethasone valerate, notice; published 12-16-05 E6-10031] editorially compiled as an aid clotrimazole ointment; [FR E5-07460] Potassium permanganate, to Federal Register users. published 7-6-06 AGRICULTURE etc.; comments due by 7- Inclusion or exclusion from POSTAL SERVICE DEPARTMENT 10-06; published 6-9-06 this list has no legal Domestic Mail Manual: Farm Service Agency [FR E6-08928] significance. Bound printed matter Special programs: FEDERAL HOUSING machinable parcels; Guaranteed farm loans; FINANCE BOARD RULES GOING INTO marking requirement; fees; comments due by 7- Federal home loan bank EFFECT JULY 6, 2006 published 3-15-06 14-06; published 5-15-06 system: Periodicals flats in mixed [FR E6-07326] Excess stock restrictions area distribution center AGRICULTURE COMMERCE DEPARTMENT and retained earnings DEPARTMENT bundles and sacks; new requirements; comments preparation; published 5- National Oceanic and due by 7-13-06; published Animal and Plant Health Atmospheric Administration Inspection Service 26-06 3-15-06 [FR E6-03689] Fishery conservation and Exportation and importation of TRANSPORTATION GOVERNMENT ETHICS management: animals and animal DEPARTMENT OFFICE products: Federal Aviation Alaska; fisheries of Executive branch employees; Exotic Newcastle disease; Administration Exclusive Economic ethical conduct standards: Zone— disease status change— Airworthiness directives: Intergovernmental Personnel Gulf of Alaska groundfish; Denmark; published 7-6- Eurocopter France; Act detailees; clarification; comments due by 7-14- 06 published 6-1-06 comments due by 7-10- 06; published 5-15-06 COMMERCE DEPARTMENT TREASURY DEPARTMENT 06; published 5-11-06 [FR [FR E6-07352] E6-07222] National Oceanic and Internal Revenue Service Atmospheric Administration Northeastern United States HEALTH AND HUMAN Procedure and administration: Endangered and threatened fisheries— SERVICES DEPARTMENT Economic Analysis Bureau; species: Small-mesh multispecies; Food and Drug return information Status review— comments due by 7-12- Administration disclosure; published 7-6- 06; published 6-12-06 North American green Human drugs: 06 [FR E6-09125] sturgeon; southern Prescription Drug Marketing distinct population; DEFENSE DEPARTMENT Act pedigree published 4-7-06 COMMENTS DUE NEXT Defense Acquisition requirements; effective International fisheries WEEK Regulations System date and compliance regulations: Acquisition regulations: policy guide; comments Pacific halibut— AGRICULTURE Contracting officers’ due by 7-14-06; published Guided recreational DEPARTMENT representatives; comments 6-14-06 [FR 06-05362] fishery; guideline Agricultural Marketing due by 7-11-06; published Medical devices: harvest levels; Service 5-12-06 [FR E6-07286] correction; published 7- Gas containers and Cherries (tart) grown in 6-06 ENVIRONMENTAL closures— Michigan, et al.; comments PROTECTION AGENCY Current good Pacific tuna— due by 7-11-06; published Purse seine and longline Air programs: manufacturing practice 6-21-06 [FR E6-09727] requirements; comments fisheries; restrictions Ambient air quality Pistachios grown in California; due by 7-10-06; and closure; published standards, national— comments due by 7-10-06; 7-6-06 published 4-10-06 [FR published 6-19-06 [FR E6- Particulate matter; 06-03370] ENVIRONMENTAL 09539] comments due by 7-10- PROTECTION AGENCY 06; published 3-27-06 INTERIOR DEPARTMENT Prunes (fresh) grown in Fish and Wildlife Service Air pollution control: Oregon and Washington; [FR E6-04369] Endangered and threatened Alaska alternative low-sulfur comments due by 7-10-06; Air quality implementation species: diesel fuel transition published 5-9-06 [FR 06- plans; approval and program; highway, 04315] promulgation; various Yellowstone grizzly bear; nonroad, locomotive, and comments due by 7-14- Research and promotion States: marine diesel fuel 06; published 6-30-06 [FR programs: Indiana; comments due by requirements; published 6- 06-05830] Hass Avocado Promotion, 7-12-06; published 6-12- 6-06 06 [FR 06-05252] INTERIOR DEPARTMENT Air pollution; standards of Research, and Information Missouri; comments due by Surface Mining Reclamation performance for new Order; board 7-12-06; published 6-12- and Enforcement Office stationary sources: representation adjustment; comments due by 7-10- 06 [FR 06-05250] Permanent program and Stationary combustion 06; published 5-9-06 [FR abandoned mine land turbines; emmissions Nevada; comments due by 06-04316] reclamation plan control standards; 7-10-06; published 6-9-06 submissions: published 7-6-06 Watermelon research and [FR E6-09000] Air quality implementation promotion plan; redistricting; Pennsylvania; comments Mississippi; comments due plans; approval and comments due by 7-14-06; due by 7-13-06; published by 7-10-06; published 6-8- promulgation; various published 6-14-06 [FR E6- 6-13-06 [FR 06-05295] 06 [FR E6-08925] States: 09234] Virginia; comments due by JUSTICE DEPARTMENT Michigan; published 6-6-06 AGRICULTURE 7-12-06; published 6-12- Prisons Bureau HEALTH AND HUMAN DEPARTMENT 06 [FR E6-09081] Inmate control, custody, care, SERVICES DEPARTMENT Commodity Credit Pesticides; tolerances in food, etc.: Food and Drug Corporation animal feeds, and raw Smoking/no smoking areas; Administration Export programs: agricultural commodities: comments due by 7-11- Animal drugs, feeds, and Commodities procurement Phosphorous acid; 06; published 5-12-06 [FR related products: for foreign donation; Open comments due by 7-13- E6-07237]

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TRANSPORTATION Raytheon; comments due by Insurance companies; sale Superintendent of Documents, DEPARTMENT 7-14-06; published 5-19- or acquisition of assets U.S. Government Printing Federal Aviation 06 [FR E6-07636] under section 338; Office, Washington, DC 20402 Administration Airworthiness standards: comments due by 7-10- (phone, 202–512–1808). The 06; published 4-10-06 [FR text will also be made Airworthiness directives: Special conditions— Aero Propulsion, Inc., 06-03321] available on the Internet from Airbus; comments due by 7- Piper Model PA28-236 TREASURY DEPARTMENT GPO Access at http:// 10-06; published 6-8-06 airplanes with Societe www.gpoaccess.gov/plaws/ [FR E6-08900] Currency and foreign de Motorisation transactions; financial index.html. Some laws may Boeing; comments due by Aeronautiques Model reporting and recordkeeping not yet be available. 7-10-06; published 5-25- SR305-230 aircraft requirements: H.R. 5403/P.L. 109–239 06 [FR E6-08007] diesel engines; Bank Secrecy Act; Bombardier; comments due comments due by 7-14- implementation— Safe and Timely Interstate by 7-10-06; published 6-8- 06; published 6-14-06 Money services Placement of Foster Children 06 [FR E6-08898] [FR E6-09227] businesses; banking Act of 2006 (July 3, 2006; 120 Cirrus Design Corp.; Thielert Aircraft Engines services provision; Stat. 508) installed diesel cycle comments due by 7-10- comments due by 7-10- Last List July 5, 2006 06; published 5-8-06 [FR engines utilizing turbine 06; published 5-15-06 E6-06905] (jet) fuel in Piper PA [FR E6-07327] 28-161 Cadet, Warrior Eurocopter France; II, and Warrior III series comments due by 7-10- Public Laws Electronic airplanes; comments LIST OF PUBLIC LAWS 06; published 5-10-06 [FR Notification Service due by 7-14-06; E6-07096] published 6-14-06 [FR This is a continuing list of (PENS) Fokker; comments due by E6-09242] public bills from the current 7-10-06; published 6-8-06 Thielert Aircraft Engines session of Congress which [FR E6-08897] modified Piper PA 28- have become Federal laws. It PENS is a free electronic mail Hamilton Sundstrand; 161 Cadet, Warrior II, may be used in conjunction notification service of newly comments due by 7-11- and Warrior III series with ‘‘PLUS’’ (Public Laws enacted public laws. To 06; published 5-12-06 [FR airplanes; comments Update Service) on 202–741– subscribe, go to http:// 06-04390] due by 7-14-06; 6043. This list is also listserv.gsa.gov/archives/ publaws-l.html McDonnell Douglas; published 6-14-06 [FR available online at http:// comments due by 7-10- E6-09228] www.archives.gov/federal- register/laws.html. Note: This service is strictly 06; published 5-25-06 [FR Class E airspace; comments for E-mail notification of new E6-08010] due by 7-12-06; published The text of laws is not laws. The text of laws is not MD Helicopters, Inc.; 6-12-06 [FR 06-05306] published in the Federal available through this service. comments due by 7-10- TREASURY DEPARTMENT Register but may be ordered PENS cannot respond to 06; published 5-10-06 [FR Internal Revenue Service in ‘‘slip law’’ (individual specific inquiries sent to this E6-07092] Income taxes: pamphlet) form from the address.

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