10–3–05 Monday Vol. 70 No. 190 Oct. 3, 2005

Pages 57483–57724

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i II Federal Register / Vol. 70, No. 190 / Monday, October 3, 2005

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Contents Federal Register Vol. 70, No. 190

Monday, October 3, 2005

Agriculture Department Coast Guard See Animal and Plant Health Inspection Service PROPOSED RULES See Commodity Credit Corporation Drawbridge operations: See Cooperative State Research, Education, and Extension North Carolina, 57524–57526 Service NOTICES See Grain Inspection, Packers and Stockyards Environmental statements; availability, etc.: Administration Integrated Anti-Swimmer System, 57612–57613 See Rural Business-Cooperative Service Meetings: NOTICES Recreational Boating Safety Strategic Planning Panel, Agency information collection activities; proposals, 57613 submissions, and approvals, 57551 Commerce Department Alcohol, Tobacco, Firearms, and Explosives Bureau See Census Bureau NOTICES See Foreign-Trade Zones Board Agency information collection activities; proposals, See International Trade Administration submissions, and approvals, 57622 See National Oceanic and Atmospheric Administration See Patent and Trademark Office Animal and Plant Health Inspection Service RULES Commodity Credit Corporation Exportation and importation of animals and animal byproducts: PROPOSED RULES Loan and purchase programs: Horse import quarantine facilities; stall reservations, Noninsured Crop Disaster Assistance Program; tropical 57486–57487 regions, 57520–57523 NOTICES Army Department Agency information collection activities; proposals, See Engineers Corps submissions, and approvals, 57551–57552 Census Bureau NOTICES Commodity Futures Trading Commission Meetings: NOTICES 2010 Census Advisory Committee, 57554–57555 Meetings; Sunshine Act, 57569 Professional Associations Census Advisory Committee, 57555 Cooperative State Research, Education, and Extension Service Centers for Disease Control and Prevention NOTICES NOTICES Agency information collection activities; proposals, Agency information collection activities; proposals, submissions, and approvals, 57599–57601 submissions, and approvals, 57552–57553 Grant and cooperative agreement awards: Rural Center for AIDS/STD Prevention/ Copyright Office, Library of Congress University, 57601 PROPOSED RULES Grants and cooperative agreements; availability, etc.: Digital Millenium Copyright Act: Human immunodeficiency virus (HIV)— Circumvention of copyright protection systems for access Southern Sudan; support programs to reduce HIV control technologies; exemption to prohibition, impact; correction, 57601 57526–57531 Public safety and health protection: Special Exposure Cohort at Iowa Army Ammunition Customs and Border Protection Bureau Plant, IA; employee class designation, 57601–57602 NOTICES Special Exposure Cohort at Y-12 facility, Oak Ridge, TN; Customhouse broker license cancellation, suspension, etc.: employee class designation, 57602 Action International, Inc., et al, 57613–57614 Aries International Import Services, et al., 57614 Centers for Medicare & Medicaid Services Pioneer International Customhouse, et al., 57614 NOTICES Privacy Act: Systems of records, 57602–57607 Defense Department See Engineers Corps Children and Families Administration NOTICES Drug Enforcement Administration Grant and cooperative agreement awards: NOTICES National Association of Child Care Resource and Referral Agency information collection activities; proposals, Agencies, 57607 submissions, and approvals, 57622–57623

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Education Department Agency information collection activities; proposals, NOTICES submissions, and approvals, 57642 Agency information collection activities; proposals, submissions, and approvals, 57570 Meetings: Federal Bureau of Investigation Institutional Quality and Integrity National Advisory NOTICES Committee, 57570–57573 Agency information collection activities; proposals, submissions, and approvals, 57623 Employee Benefits Security Administration NOTICES Federal Energy Regulatory Commission Meetings: NOTICES Employee Welfare and Pension Benefit Plans Advisory CenterPoint Energy - Mississippi River Transmission Corp., Council, 57624–57625 57588–57589 Complaints filed: Employment Standards Administration Continental Resources, Inc., 57589 See Wage and Hour Division District of Columbia Public Service Commission, 57589– 57590 Energy Department Electric rate and corporate regulation combined filings, See Federal Energy Regulatory Commission 57590–57592 Engineers Corps Environmental statements; availability, etc.: Alabama Electric Cooperative, Inc., 57592 NOTICES Port Arthur LNG, L.P., et al.; meeting canceled, 57592 Environmental statements; notice of intent: Southern California Edison Co. et al., 57592–57593 Lower Snake River Reservoirs, WA and ID; programmatic Hydroelectric applications, 57593–57596 sediment management plan, 57569–57570 Meetings: Environmental Protection Agency Public Utility District No. 1 of Chelan County; technical RULES conference, 57596–57597 Air pollutants, hazardous; national emission standards: Off-the-record communications, 57597 Secondary aluminum production; correction, 57513– Practice and procedure: 57517 Transmission providers; standards of conduct; non- Air quality implementation plans; approval and statutory deadlines extension, 57597–57598 promulgation; various States: Applications, hearings, determinations, etc.: New York, 57511–57513 Blue Canyon Windpower II LLC, 57573 PROPOSED RULES California Independent System Operator Corp., 57573 Air pollutants, hazardous; national emission standards: Calpine Energy Services, LP, et al., 57573–57574 Secondary aluminum production; correction, 57534– Colorado Interstate Gas Co., 57574 57536 Columbia Gas Transmission Corp., 57574–57575 Air programs; approval and promulgation; State plans for Columbia Gulf Transmission Co., 57575 designated facilities and pollutants: Decker Energy International, Inc., et al., 57575–57576 Missouri, 57531–57534 Dominion Transmission, Inc., 57576–57577 NOTICES Duke Energy Corp., 57577 Meetings: Eastern Shore Natural Gas Co., 57577 Ozone Transport Commission, 57598 Energy Department et al., 57577–57578 U.S. Government Representative to Commission for Energy Transfer Fuel LP, 57578 Environmental Cooperation— Entergy Services, Inc., 57578 National and Governmental Advisory Committees, Exelon Corp. et al., 57578–57579 57598 Freebird Gas Storage, LLC, 57579 Guardian Pipeline, L.L.C., 57579–57580 Equal Employment Opportunity Commission Gulfstream Natural Gas System, L.L.C., 57580 RULES J. P. Morgan Ventures Energy Corp., 57580 Freedom of Information Act (FOIA): Midwestern Gas Transmission Co., 57581–57582 Fee schedule; revision, 57510–57511 Midwest Independent Transmission System Operator, Inc., 57580–57581 Federal Aviation Administration New England Power Pool, 57582 RULES Northwest Pipeline Corp., 57582 Airworthiness directives: Oklahoma Municipal Power Authority, et al., 57582– Airbus, 57493–57497 57583 McDonnell Douglas, 57491–57493 Portland Co. et al., 57583 Rolls-Royce Corp., 57487–57491 Prime Energy LP, 57583–57584 Class E airspace, 57497–57499 Reliant Energy Services, Inc., 57584 IFR altitudes, 57499–57504 San Diego Gas & Electric Co., 57584 Standard instrument approach procedures, 57504–57505 Southern Company Services, Inc., 57584–57585 NOTICES Stuyvesant et al., NY, 57585 Advisory circulars; availability, etc.: Tennessee Gas Pipeline Co., 57585–57587 high intensity radiated fields (HIRF) and Transcontinental Gas Pipe Line Corp., 57587–57588 lightning protection features; instructions for Gas Transmission Co., 57588 continued airworthiness, 57642 Yaka Energy, LLC, 57588

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Federal Motor Carrier Safety Administration Grain Inspection, Packers and Stockyards Administration NOTICES NOTICES Committees; establishment, renewal, termination, etc.: Agency designation actions: Medical Review Board, 57642–57645 Minnesota, 57553–57554 Harry S. Truman Scholarship Foundation Federal Railroad Administration NOTICES NOTICES Meetings; Sunshine Act, 57599 Exemption petitions, etc. Eureka & Palisade Railroad, 57645 Health and Human Services Department See Centers for Disease Control and Prevention Federal Reserve System See Centers for Medicare & Medicaid Services NOTICES See Children and Families Administration Meetings; Sunshine Act, 57598–57599 See Food and Drug Administration Homeland Security Department Federal Trade Commission See Coast Guard NOTICES See Customs and Border Protection Bureau Senior Executive Service Performance Review Board; NOTICES membership, 57599 Merchant Marine Act of 1920: Waiver of compliance with navigation and inspection Financial Management Service laws, 57611–57612 See Fiscal Service Housing and Urban Development Department NOTICES Fiscal Service Agency information collection activities; proposals, NOTICES submissions, and approvals, 57614–57616 Reports and guidance documents; availability, etc.: Grants and cooperative agreements; availability, etc.: Hurricane Katrina; Federal Emergency Management Discretionary programs (SuperNOFA) Agency disaster assistance checks and Government Housing Opportunities for Persons with AIDS Program; benefit checks; cashing and deposit guidance; deadline extension due to Hurricane Katrina, correction, 57651 57616–57617 Low income housing: Food and Drug Administration Housing assistance payments (Section 8)— RULES Housing Choice Voucher Program and Moderate Public Health Security and Bioterrorism Preparedness and Rehabilitation Single Room Occupancy Program Response Act of 2002; implementation: (2006 FY); fair market rents, 57654–57714 Food facilities registration, 57505–57509 Public and Indian housing: NOTICES Hurricane Katrina disaster areas; regulatory and Food for human consumption: administrative waivers granted to assist recovery and Identity standards deviation; market testing permits— relief, 57716–57720 Canada’s Original ICEBERG Water Corp.; iceberg water, 57607 Indian Affairs Bureau Meetings: NOTICES Center for Drug Evaluation and Research; drug safety Tribal-State Compacts approval; Class III (casino) gambling: information communication strategies, 57607–57609 Thlopthlocco Tribal Town and Ponca Tribe, OK, 57617 Reports and guidance documents; availability, etc.: Collection of platelets by automated methods; industry Interior Department and FDA review staff guidance, 57609–57610 See Indian Affairs Bureau Harmonisation International Conference— E2B(R) clinical safety data management; individual Internal Revenue Service case safety reports transmission; data elements, RULES 57610–57611 Income taxes: Stock held by foreign insurance companies, 57509–57510 PROPOSED RULES Foreign-Trade Zones Board Income taxes: NOTICES Partnerships with foreign partners; obligation to pay Applications, hearings, determinations, etc.: withholding tax on taxable income; cross reference California Correction, 57523 Eastman Kodak Co.; x-ray film, color paper, digital media, inkjet paper, entertainment imaging, and International Trade Administration health imaging storage and distribution facilities, NOTICES 57555–57556 Antidumping: Georgia Fresh garlic from— Eastman Kodak Co.; x-ray film, color paper, digital China, 57561–57562 media, inkjet paper, entertainment imaging, and Frozen warmwater shrimp from— health imaging storage and distribution facilities, Ecuador, 57562–57563 57556–57557 Antidumping and countervailing duties: Texas, 57557–57558 Administrative review requests, 57558–57559

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Five year (sunset) reviews— Neighborhood Reinvestment Corporation Initiation of reviews, 57559–57561 NOTICES Cheese quota; foreign government subsidies; quarterly Meetings; Sunshine Act, 57625 update, 57563–57564 Nuclear Regulatory Commission International Trade Commission NOTICES NOTICES Agency information collection activities; proposals, Import investigations: submissions, and approvals, 57625–57626 Gray portland cement and cement clinker from— Environmental statements; availability, etc.: Japan and Mexico, 57617–57620 Kerr McGee Cimarron Corp., 57627–57628 Optical disk controller chips and chipsets and products Environmental statements; notice of intent: containing same, including DVD players and PC Nuclear power plant operating license renewal; review optical storage devices, 57620–57621 process, 57628–57629 Applications, hearings, determinations, etc.: Judicial Conference of the Pacific Gas & Electric Co., 57626–57627 NOTICES Meetings: Pacific Northwest Electric Power and Conservation Judicial Conference Advisory Committee on— Planning Council Civil Procedure Rules, 57621–57622 NOTICES Columbia River Basin Fish and Wildlife Program: Justice Department Subbasin plan amendments, 57629–57630 See Alcohol, Tobacco, Firearms, and Explosives Bureau See Drug Enforcement Administration Patent and Trademark Office See Federal Bureau of Investigation NOTICES See Justice Programs Office Agency information collection activities; proposals, submissions, and approvals, 57567–57569 Justice Programs Office NOTICES Peace Corps Agency information collection activities; proposals, NOTICES submissions, and approvals, 57623–57624 Privacy Act: Systems of records; correction, 57630 Labor Department See Employee Benefits Security Administration Pipeline and Hazardous Materials Safety Administration See Wage and Hour Division PROPOSED RULES Pipeline safety: Library of Congress Gas gathering line definition; alternative definition for See Copyright Office, Library of Congress onshore lines, 57536–57549

National Highway Traffic Safety Administration Postal Rate Commission PROPOSED RULES NOTICES Motor vehicle safety standards: Negotiated service agreements: Rearview mirrors— Bank One Corp., 57630–57631 Convex mirrors on commercial trucks and other vehicles; withdrawn, 57549–57550 Public Debt Bureau NOTICES See Fiscal Service Motor vehicle safety standards; exemption petitions, etc.: Michelin North America, Inc., 57645–57646 Rural Business-Cooperative Service RULES National Oceanic and Atmospheric Administration Guaranteed loanmaking: RULES Business and Industry Guaranteed Loan Program; annual Fishery conservation and management: renewal fee, 57483–57486 Alaska; fisheries of Exclusive Economic Zone— Pacific ocean perch, 57518–57519 Securities and Exchange Commission Northeastern United States fisheries— NOTICES Emergency closure due to presence of toxin causing Meetings: paralytic shellfish poisoning, 57517–57518 Smaller Public Companies Advisory Committee, 57631– NOTICES 57632 Endangered and threatened species: Self-regulatory organizations; proposed rule changes: Anadromous fish take— American Stock Exchange LLC, 57632–57635 Oregon Department of Fish and Wildlife; Lower Depository Trust Co., 57635–57636 Columbia River coho salmon, 57564–57565 National Association of Securities Dealers, Inc., 57636– Marine mammals: 57640 Southern resident killer whales; conservation plan, 57565 Meetings: State Department South Atlantic Fishery Management Council, 57566 NOTICES Permits: Agency information collection activities; proposals, Marine mammals, 57566 submissions, and approvals, 57640–57641

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Transportation Department Wage and Hour Division See Federal Aviation Administration RULES See Federal Motor Carrier Safety Administration Fair Labor Standards Act: See Federal Railroad Administration Industries in American Samoa; minimum wage rates, See National Highway Traffic Safety Administration 57722–57724 See Pipeline and Hazardous Materials Safety Administration NOTICES Separate Parts In This Issue Aviation proceedings: Agreements filed; weekly receipts, 57641 Part II Certificates of public convenience and necessity and Housing and Urban Development Department, 57654–57714 foreign air carrier permits; weekly applications, 57641–57642 Part III Housing and Urban Development Department, 57716–57720

Treasury Department Part IV See Fiscal Service Labor Department, Wage and Hour Division, 57722–57724 See Internal Revenue Service NOTICES Agency information collection activities; proposals, Reader Aids submissions, and approvals, 57646–57648 Consult the Reader Aids section at the end of this issue for Meetings: phone numbers, online resources, finding aids, reminders, Federal Tax Reform, President’s Advisory Panel, 57648 and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents Veterans Affairs Department LISTSERV electronic mailing list, go to http:// NOTICES listserv.access.gpo.gov and select Online mailing list Agency information collection activities; proposals, archives, FEDREGTOC-L, Join or leave the list (or change submissions, and approvals, 57648–57650 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.

7 CFR 4279...... 57483 4287...... 57483 Proposed Rules: 1437...... 57520 9 CFR 93...... 57486 14 CFR 39 (3 documents) ...... 57487, 57491, 57493 71 (2 documents) ...... 57497, 57498 95...... 57499 97...... 57504 21 CFR 1...... 57505 20...... 57505 26 CFR 1...... 57509 Proposed Rules: 1...... 57523 301...... 57523 29 CFR 697...... 57722 1610...... 57510 33 CFR Proposed Rules: 117...... 57524 37 CFR Proposed Rules: 201...... 57526 40 CFR 52...... 57511 63...... 57513 Proposed Rules: 52...... 57531 62...... 57531 63...... 57534 49 CFR Proposed Rules: 192...... 57536 571...... 57549 50 CFR 648...... 57517 679...... 57518

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Rules and Regulations Federal Register Vol. 70, No. 190

Monday, October 3, 2005

This section of the FEDERAL REGISTER Classification Federal agencies to assess the effects of contains regulatory documents having general This final rule has been determined to their regulatory actions on State, local, applicability and legal effect, most of which and tribal governments and the private are keyed to and codified in the Code of be non-significant and has not been reviewed by the Office of Management sector. Under section 202 of the UMRA, Federal Regulations, which is published under agencies generally must prepare a 50 titles pursuant to 44 U.S.C. 1510. and Budget (OMB) under Executive Order 12866. written statement, including a cost- The Code of Federal Regulations is sold by benefit analysis, for proposed and final the Superintendent of Documents. Prices of Programs Affected rules with ‘‘Federal mandates’’ that may new books are listed in the first FEDERAL The Catalog of Federal Domestic result in expenditures to State, local, or REGISTER issue of each week. Assistance number for the program tribal governments, in the aggregate, or impacted by this action is 10.768, to the private sector of $100 million or Business and Industry Loans. more in any one year. When such a DEPARTMENT OF AGRICULTURE statement is needed for a rule, section Civil Justice Reform 205 of UMRA generally requires Rural Business-Cooperative Service This proposed rule has been reviewed agencies to identify and consider a under Executive Order 12988, Civil reasonable number of regulatory 7 CFR Parts 4279 and 4287 Justice Reform. In accordance with this alternatives and adopt the least costly, rule, (1) all state and local laws and more cost-effective, or least burdensome RIN 0570–AA34 regulations that are in conflict with this alternative that achieves the objectives rule will be preempted, (2) no of the rule. This rule contains no Business and Industry Guaranteed retroactive effect will be given this rule, Federal mandates (under the regulatory Loan Program Annual Renewal Fee and (3) administrative proceedings of provisions of Title II of the UMRA) for the National Appeals Division (7 CFR State, local, and tribal governments or AGENCY: Rural Business-Cooperative part 11) must be exhausted before the private sector. Thus, this rule is not Service, USDA. bringing suit in court challenging action subject to the requirements of sections ACTION: Final rule. taken under this rule. 202 and 205 of the UMRA. SUMMARY: In this final rule the Rural Environmental Impact Statement Regulatory Flexibility Act Business-Cooperative Service (the This document has been reviewed in In compliance with the Regulatory Agency) amends its regulation for the accordance with 7 CFR part 1940, Flexibility Act, the Agency has Business and Industry (B&I) Guaranteed subpart G, ‘‘Environmental Program.’’ determined that this action would not Loan Program to provide the authority The Agency has determined that this have a significant economic impact on for the charging of an annual renewal action does not constitute a major a substantial number of small entities, fee on all loans obligated after the Federal action significantly affecting the because the action will not affect a publication of the final rule. This quality of the human environment, and, significant number of small entities, as annual renewal fee is in addition to the in accordance with the National defined by the Regulatory Flexibility existing one-time guarantee fee. Changes Environmental Policy Act of 1969, 42 Act (5 U.S.C. 601). The Agency made to modify the program regulations were U.S.C. 4321 et seq., this is a categorical this determination based on the fact that originally proposed on February 28, exclusion and therefore an this regulation only impacts those who 2005. The intended effect of this rule is Environmental Impact Statement is not choose to participate in the program. to reduce the subsidy rate for required. Small entity applicants will not be guaranteed loans allowing the budget impacted to a greater extent than large authority dollar level to support a Government Paperwork Elimination entity applicants. greater level of assistance to the public Act (GPEA) Statement Executive Order 13132 (i.e., higher supportable loan level). A The Agency is committed to notice will be published in the Federal compliance with GPEA, which requires It has been determined that, under Register each fiscal year that will Government agencies, in general to Executive Order 13132, Federalism, this establish the guarantee fee rate and any provide the public the option of rule does not have sufficient federalism annual renewal fee rate for loans submitting information or transacting implications to warrant the preparation obligated during that fiscal year. business electronically to the maximum of a Federalism Assessment. The DATES: This rule is effective October 3, extent possible. provisions contained in this rule will 2005. not have a substantial direct effect on Paperwork Reduction Act FOR FURTHER INFORMATION CONTACT: Rick states or their political subdivisions or Bonnet, Special Projects/Programs In accordance with the Paperwork on the distribution of power and Oversight Division, Rural Business- Reduction Act of 1995, the information responsibilities among the various Cooperative Service, U.S. Department of collection requirements contained in levels of government. this regulation have been approved by Agriculture, STOP 3221, 1400 Executive Order 13175 OMB under control number 0570–0017. Independence Avenue, SW., Executive Order 13175, Consultation Washington, DC 20250–3221, telephone Unfunded Mandates and Coordination with Indian Tribal (202) 720–1804, or by e-mail to Title II of the Unfunded Mandates Governments, imposes requirements on [email protected]. Reform Act of 1995 (UMRA), Pubic Law USDA in the development of regulatory SUPPLEMENTARY INFORMATION: 104–4 establishes requirements for policies that have tribal implications or

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preempt tribal law. USDA has the same budget authority. In the accordance with the Federal Credit determined that the proposed regulation absence of additional budgetary Reform Act of 1990 and guidance does not have a substantial direct effect authority, the proposed annual fee is provided in OMB Circular A–129, on one or more Indian tribes or on either necessary to cover expected losses from Appendix A(II)(4)(b)(1), are to establish the relationship or the distribution of the program. The effect of the fee on the fees structures at levels that minimize powers and responsibilities between the loan demand and program activity over subsidy costs while supporting Federal Government and the Indian the long term will depend on the size of achievement of program objectives. The Tribes. Thus, the proposed rule is not the fee and other factors not related to Agency is taking measures to improve subject to the requirements of Executive the fee, including interest rates and the quality of its portfolio and reduce Order 13175. general economic growth. This change loan losses. Nevertheless, the Agency is is prudent and cost efficient and will required to further minimize subsidy Background allow us to maintain the level of costs. The Agency feels the renewal fee The cost of the B&I Guaranteed Loan assistance going to rural America at a is the most equitable solution to Program has gone up in recent years. reasonable cost to the taxpayer. increased costs without jeopardizing the This is due to higher defaults and lower The Agency is waiving the 30-day achievement of program objectives. interest rates. In the meantime, there is waiting period between publication of Six respondents felt the renewal fee still an interest in funding this program the rule and when it will take effect. would make the B&I Guaranteed Loan in order to improve, develop, or finance The reason is to make all loans obligated Program more complicated and difficult business, industry, and employment in FY 2006 subject to the same fee to market. The uncertainty of the and improve the economic and structure. Having loans obligated with amount of the fee percentage rate would environmental climate in rural different fee structures in the same fiscal make it especially difficult to market, communities. To do that in a cost year could cause confusion and impose which would discourage lenders from efficient manner for the taxpayer, the an additional administrative burden on marketing the program. USDA could Agency is implementing its authority to lenders. Also, because lenders will not lose its competitive advantage with SBA impose an annual renewal fee. This will need to make the first renewal fee if additional SBA-like fees are imposed. reduce the subsidy allowing the Agency, payments to the Agency until January of One respondent commented that the fee without additional costs to the taxpayer, 2007, and because the Final Rule makes rate could change if the initial to maintain the level of assistance that only minor changes to the Proposed application was received in a fiscal year, has been historically provided for this Rule, program participants are not but not obligated until the next fiscal program to meet demand. expected to be disadvantaged by this year, which would further hamper The annual renewal fee is based on rule’s earlier implementation. For these marketing activities. The Agency similar fees charged in the Small reasons, the Agency finds that good acknowledges the program complexity Business Administration (SBA) cause exists for this rule’s immediate and marketing challenges the renewal programs. Additionally, this type of fee implementation. fee will add, but a reduction in the is consistent with the recently subsidy cost is needed to maintain the Comments on the Proposed Rule and authorized Renewable Energy Systems level of assistance that has been Responses and Energy Efficiency Improvements historically provided for this program. Guaranteed Loan Program within the The following paragraphs summarize As described in § 4279.107(b)(1) of the Agency. The borrower pool for the B&I the comments received and the Agency rule, the Agency will publish the fee Guaranteed Loan Program is even more responses. We received 11 responses of percentage rate in a Federal Register likely to be able to afford this type of fee which 8 were from the lending notice each fiscal year. The Agency will compared to other programs mentioned community (3 from the same bank), 2 publish the notice as soon as the fee because the amount of the fee is were from Agency employees, and one percentage rate has been determined to anticipated to be less. was from a national association. provide as much advanced notice as The SBA 7(a) Loan Guarantee Generally, the comments were negative. possible. All loans obligated that fiscal Program and the B&I program are The only positive comment was that the year will be subject to that same fee similar in that they both require an annual renewal fee was the best percentage rate for the full term of the initial one-time fee; and 7(a) loans have alternative to reduced funding levels in loan. an annual fee similar to the one being the short term. Four respondents felt the increased implemented for the B&I program. In Several changes were made to the cost of the program would result in fiscal year (FY) 1996, SBA made major final rule as a result of comments fewer loans and businesses being changes in its 7(a) program by lowering received. The most significant change assisted, thereby hindering economic the maximum percentage of the loan was to give the Agency discretion in development and job creation. The which could be guaranteed and canceling the guarantee for nonpayment Agency had a Regulatory Impact increasing both the initial fee and the of the renewal fee and to charge lenders Analysis completed to determine the annual fee, which made the program interest on any unpaid renewal fees. impact that a renewal fee would likely more expensive and less valuable for Seven respondents felt an annual fee have on loan demand. As mentioned borrowers and lenders. We examined would be a financial burden/hardship earlier in this document, in FY 1996, changes in loan volume and loss levels on the borrowers, especially new SBA made major changes in its 7(a) associated with these changes, and businesses and those with more limited program by lowering the maximum found no convincing evidence that the recourses. The Agency acknowledges percentage of the loan which could be FY 1996 changes decreased demand for that the fee will most likely represent an guaranteed and increasing both the the 7(a) program. increased cost to the borrower. initial fee and the annual fee, which Subsidy rates are established using However, because the B&I Guaranteed made the program more expensive and historic loss data from the program and Loan Program is intended only for less valuable for borrowers and lenders. other assumptions. In recent years the credit-worthy businesses, the Agency A review of the changes in loan volume subsidy rate has increased significantly, feels the additional financing cost will and loss levels associated with these resulting in a reduction in the amount not jeopardize the success of the changes revealed no convincing of loans that could be guaranteed with businesses assisted. Agencies, in evidence that the FY 1996 changes

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decreased demand for the 7(a) program. into their interest rate structure, and respondent indicated that the proposed Due to the similarities of the programs, collect the renewal fee as a part of the rule eliminates the language concerning the Agency believes the results will be regular borrower payments. The the cap, which could result in a similar. language is therefore revised to give the perceived conflict with the terms of the One respondent felt the additional lender maximum flexibility in Farm Bill. The Agency is replacing the cost of the program would undermine establishing a rate structure. The final language concerning the 2 percent cap. worthwhile projects and discourage the rule does not stipulate who is The other respondent suggested the more credit-worthy businesses from responsible for the fee. The lender renewal fee violates statute because the participating in the program. This could actually pays the fee, but may pass the combined fees will very likely exceed 2 result in a decline in the quality of the fee on to the borrower. percent cap established in the statute. overall portfolio over time, which One respondent felt the fee should be The Rural Development Manager’s would tend to increase costs to the restricted to the guaranteed portion of Report to the 2002 Farm Bill states that government. The Regulatory Impact the loan. The Agency agrees, and the fee the 2 percent initial fee limit established Analysis revealed that there was no will be charged only on the guaranteed by statute does not prevent the Secretary convincing evidence that the changes in portion of the loan. from imposing annual fees which may the SBA program resulted in a decrease One respondent felt the Agency be needed to preserve an appropriation in the quality of the SBA 7(a) loan should refund the ‘‘unearned’’ portion portfolio. Due to the similarities of the of the renewal fee when the borrower level. programs, the Agency believes the prepays its loan before the end of the One respondent stated that impact on the B&I Guaranteed Loan year, after the renewal fee has been paid § 4279.107(b)(2) states the holder’s Program will be similar. for the year. The Agency is not adopting rights will continue in effect as Six respondents felt it would be a this suggestion as the administrative specified in the Loan Note Guarantee, significant administrative burden for the burden on lenders and the Agency and suggested the reference should be to lenders. The Agency appreciates the would be prohibitive. The amount of the the Assignment Guarantee Agreement burden this change will impose. In an fee on the average B&I loan is relatively instead. The final rule references both effort to keep the burden to a minimum, small. With the proposed annual the Loan Note Guarantee and the the Agency is combining the lender’s renewal fee rate of 1⁄8 of one percent for Assignment Guarantee Agreement. existing semiannual reporting FY 2006, the amount of the fee on a $1 Several technical changes not made in requirement with the renewal fee million B&I loan for a full year would payment process. Currently, lenders are be only $1,250. Depending on how a the proposed rule were made in the required to report the principal and lender structures the loan payments, the final rule to help Agency employees and interest balances, amount advanced, borrower may not benefit from the lenders administer the program. interest rate, loan status, and amount return of ‘‘unearned’’ fees. Section Language was also added to the B&I ahead or behind schedule on each 4279.107 states the guarantee fees are loan servicing regulation (7 CFR Part guarantee loan, semiannually. The non-refundable, and this has been the 4287, subpart B) to reference the annual Agency is web-enabling this process policy in the B&I Guaranteed Loan renewal fee requirements described in where the lender will be required to Program for many years. § 4279.107. enter a secure website, enter the One respondent felt there could be Section 4279.107(a)(2)(i) of the currently required information, as of significant servicing and legal issues for proposed rule stated the rate of the fee December 31 of each year, and the the Agency if a guarantee is cancelled is the rate in effect at the time of the system will calculate the annual fee due for non-payment of the renewal fee. The original issuance of the Conditional on that loan. The fee will then be drawn Agency agrees and is changing the Commitment for the loan and will from a specified account in the lender’s language to state that the Agency may, remain in effect for the life of the loan. bank on a specified date. This action at its discretion, cancel the guarantee to It is very unlikely, but possible, for the will satisfy both the annual renewal fee the lender for nonpayment of the Conditional Commitment and loan payment and the semi-annual status renewal fee. Language is also added obligation to occur in different fiscal report to the Agency. The due date of where the Agency will charge the lender years. Because the fee rate and the renewal fee was also changed from interest on any delinquent renewal fees obligation are tied to the fiscal year in and will deduct any unpaid renewal March 1 to January 31 to correspond the Agency’s accounting system, the with the due date of the lender’s fees from any loss payment made to the controlling event was changed to the semiannual status reporting lender. date of obligation. requirement, but the date any unpaid One respondent suggested alternatives fee was considered delinquent remained to the renewal fee, such as varying the List of Subjects in 7 CFR Parts 4279 and April 1. amount of initial fee, based on the size 4287 One respondent suggested a change in of the loan. The Agency has statutory the name of the form used to collect the limitations on the maximum initial fee Loan programs—Business and renewal fee. The final rule is revised to that may be charged and is charging the industry—Rural development remove the name of the form to provide maximum initial fee allowed, with assistance, Rural areas. maximum flexibility in the mechanism certain limited exceptions. The Agency I used to collect the fee. feels the annual renewal fee approach is Therefore, chapter XLII, title 7, Code One respondent thought the renewal the most equitable alternative. of Federal Regulations, is amended as fee should be paid monthly or quarterly Two respondents felt the proposed follows: to reduce the financial impact from one rule change would be a violation of annual payment. The Agency statute. The Farm Security and Rural PART 4279—GUARANTEED acknowledges the language in the Investment Act of 2002 (Farm Bill) gives LOANMAKING proposed rule suggested the borrower the Secretary authority to assess a 1- I was expected to pay the renewal fee time fee in an amount that does not 1. The authority citation for part 4279 once a year. The Agency anticipates exceed 2 percent of the guaranteed is revised to read as follows: lenders will likely factor the renewal fee principal portion of the loan. One Authority: 5 U.S.C. 301; 7 U.S.C. 1989.

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Subpart B—Business and Industry renewal fees will bear interest at the DATES: The interim rule became Loans note rate and will be deducted from any effective on December 9, 2002. loss payment due the lender. For loans FOR FURTHER INFORMATION CONTACT: Dr. I 2. Section 4279.107 is revised to read where the Loan Note Guarantee is Freeda Isaac, Senior Staff Veterinarian, as follows: issued between October 1 and December Technical Trade Services, VS, APHIS, § 4279.107 Guarantee fees. 31, the first annual renewal fee payment 4700 River Road Unit 39, Riverdale, MD will be due January 31 of the second For all new loans there are two types 20737–1231; (301) 734–8364. year following the date the Loan Note SUPPLEMENTARY INFORMATION: of non-refundable guarantee fees to be Guarantee was issued. paid by the lender. The fees may be Background passed on to the borrower. The fees may PART 4287—SERVICING be forwarded to the Agency through an In an interim rule effective and electronic funds transfer system or, at I 3. The authority citation for part 4287 published in the Federal Register on the Agency’s discretion, by a check continues to read as follows: December 9, 2002 (67 FR 72827–72830, Docket No. 02–024–1), we amended the payable to USDA using a USDA- Authority: 5 U.S.C. 301; 7 U.S.C. 1989. approved form. regulations in 9 CFR part 93 regarding (a) Initial guarantee fee. The initial fee Subpart B—Servicing Business and the importation of horses into the is paid at the time the Loan Note Industry Guaranteed Loans United States by requiring persons who Guarantee is issued. The fee may be cancel reservations for stall space at included as an eligible loan purpose in § 4287.107 [Amended] import quarantine facilities to notify us the guaranteed loan. The fee will be the I 4. Section 4287.107(a) is revised to earlier and by increasing the fee for rate (a specified percentage not to read as follows: canceling reservations. Under the new exceed 2 percent) multiplied by the fee structure, persons who cancel a * * * * * reservation 30 business days or more principal loan amount, multiplied by (a) Lender reports and annual renewal prior to the reservation date will be the percent of guarantee. Subject to fee. The lender must report the charged 25 percent of the reservation specified annual limits set by the outstanding principal and interest fee; persons who cancel a reservation 15 Agency, the initial guarantee fee may be balance on each guaranteed loan to 29 business days prior to the reduced to 1 percent if the borrower’s semiannually using a USDA-approved reservation date will be charged 50 business supports value-added status report or other approved format. percent of the reservation fee; and agriculture and results in farmers The lender will transmit the annual persons who cancel a reservation less benefiting financially, or renewal fee to the Agency than 15 business days prior to the (1) Is a high impact business simultaneously with the December 31 reservation date will forfeit 100 percent development investment in accordance semiannual status report in accordance of the reservation fee. We took that with § 4279.155(b)(5), and with 7 CFR part 4279, subpart B, action to discourage importers from (2) Is located in a rural community § 4279.107. that: reserving space that they may not use * * * * * (i) Is experiencing long-term and canceling when it is too late for population decline and job Dated: September 27, 2005. others to use the space and to recover deterioration, or Thomas C. Dorr, the fixed cost associated with operating (ii) Has remained persistently poor Under Secretary, Rural Development. quarantine facilities when stall space over the last 60 years, or [FR Doc. 05–19722 Filed 9–30–05; 8:45 am] goes unused. This interim rule was intended to improve the occupancy rate (iii) Is experiencing trauma as a result BILLING CODE 3410–XY–P of natural disaster, or of stall space, and, therefore, the (iv) Is experiencing fundamental efficiency of import quarantine facilities. structural changes in its economic base. DEPARTMENT OF AGRICULTURE (b) Annual renewal fee. The annual Comments on the interim rule were renewal fee is paid once a year and is Animal and Plant Health Inspection required to be received on or before required to maintain the enforceability Service February 7, 2003. We received three of the guarantee as to the lender. comments by that date. The comments (1) The rate of the annual renewal fee 9 CFR Part 93 were from a horse industry group, a (a specified percentage) is established transportation association, and a by Rural Development in an annual [Docket No. 02–024–2] transport company. We have carefully notice published in the Federal considered all of the comments we Stall Reservations at Import Register, multiplied by the outstanding received. They are discussed below. Quarantine Facilities principal loan balance as of December Note: In the ‘‘Background’’ section of the 31 of each year, multiplied by the AGENCY: Animal and Plant Health interim rule, we stated that brokers are percent of guarantee. The rate is the rate Inspection Service, USDA. required to have certain diagnostic tests in effect at the time the loan is ACTION: Affirmation of interim rule as performed on their horses and that these tests obligated, and will remain in effect for final rule. must be processed at National Veterinary the life of the loan. Services Laboratories (NVSL). Some (2) Annual renewal fees are due on SUMMARY: We are adopting as a final commenters interpreted this statement to January 31. Payments not received by rule, without change, an interim rule mean that we were requiring that horses be April 1 are considered delinquent and, that amended the regulations regarding pretested for the diseases dourine, glanders, at the Agency’s discretion, may result in the importation of horses into the piroplasmosis, and infectious equine anemia and that this pretesting be performed at cancellation of the guarantee to the United States by requiring persons who NVSL. That perception is incorrect. lender. Holders’ rights will continue in cancel reservations for stall space at Pretesting is not a requirement but may be effect as specified in the Loan Note import quarantine facilities to notify us done at the discretion of the importer or Guarantee and Assignment Guarantee earlier and by increasing the fee for agent. If pretesting is done, importers may Agreement. Any delinquent annual canceling reservations. utilize NVSL. the Animal and Plant Health

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Inspection Service (APHIS) will conduct its reservation practices. The regulations in determinations in a wide variety of own tests during quarantine. § 93.304(a)(3)(iv) provide for the return circumstances. It is necessary to leave Two commenters said that the new of reservation fees to importers in the exception as written in order to cancellation policy unnecessarily certain cases when unforseen preserve the flexibility of the penalizes those who reserve stall space circumstances arise that prevent an regulations. early and are then required to make importer from presenting a horse for Therefore, for the reasons given in the legitimate alterations to their bookings. entry within the required time period. interim rule and in this document, we The commenters asked that we consider One commenter said that the are adopting the interim rule as a final implementing a small administrative fee forfeiture amounts as established in the rule without change. for changes made more than 30 days graduated fee schedule set for This action also affirms the prior to the reservation date. cancellations are too high. information contained in the interim Prior to publication of the interim The purpose of the interim rule was rule concerning Executive Order 12866 rule, we carefully considered a fee to discourage horse brokers from making and the Regulatory Flexibility Act, schedule that we thought to be several reservations and simply Executive Order 12988, and the appropriate and effective in eliminating forfeiting the $40 cancellation fees if a Paperwork Reduction Act. the practice of speculative reservations. Further, this action has been client is not found to fill those reserved The USDA quarantine facilities in determined to be not significant for the spaces. This situation had led some Florida and New York each lost purposes of Executive Order 12866 and, brokers to complain that the potential approximately $300,000 to $470,000 therefore, has not been reviewed by the loss of a $40 cancellation fee is not an yearly in forgone user fees. While we Office of Management and Budget. effective deterrent to prevent brokers recognize that increasing cancellation from reserving stall space before a client fees and the time period required for List of Subjects in 9 CFR Part 93 is found. Since the publication of our cancellation affects both horse owners Animal diseases, Imports, Livestock, December 2002 interim rule, the and brokers, the forfeiture amounts Poultry and poultry products, problem of late cancellations has been must necessarily be set at a level that Quarantine, Reporting and eliminated. We believe that instituting will serve as a meaningful deterrent to recordkeeping requirements. the suggested small fee for canceled speculative reservation-making and reservations would result in a situation allow APHIS to recover the fixed cost PART 93—IMPORTATION OF CERTAIN similar to the one that existed prior to associated with operating quarantine ANIMALS, BIRDS, AND POULTRY, publication of the interim rule. facilities when stall space goes unused. AND CERTAIN ANIMAL, BIRD, AND All three commenters stated that a Two commenters stated that there is POULTRY PRODUCTS; policy should be enacted wherein stall a need to specifically create a set of REQUIREMENTS FOR MEANS OF space in a horse quarantine facility may circumstances under which a full CONVEYANCE AND SHIPPING be formally transferred from one party refund of the reservation fee would be CONTAINERS to another within 15 days of arrival. granted, suggesting that a refund would I Shipments arriving at quarantine be appropriate in cases where an airline Accordingly, we are adopting as a facilities are comprised of horses from cancels a flight or a horse is injured final rule, without change, the interim several different brokers. As such, the during loading. rule that amended 9 CFR part 93 and suggested formal transfer policy would The regulations already describe the that was published at 67 FR 72827– require a continual monitoring policy, circumstances under which a full 72830 on December 9, 2002. along with the accompanying refund may be granted. As stated Done in Washington, DC, this 27th day of paperwork. Such an approach previously, under the regulations at September 2005. potentially involves a great amount of § 93.304(a)(3)(iv), a reservation fee will Elizabeth E. Gaston, time, personnel, and expense for all not be forfeited if the Administrator Acting Administrator, Animal and Plant affected parties. As such, this method is determines that certain essential Health Inspection Service. not cost effective, nor would it eliminate services were not available at the [FR Doc. 05–19689 Filed 9–30–05; 8:45 am] the practice of speculative reservation. necessary time as a result of unforseen BILLING CODE 3410–34–U Two commenters said that the grace circumstances. These circumstances period within which shipments may include, but are not limited to, the arrive without incurring cancellation closing of an airport due to inclement DEPARTMENT OF TRANSPORTATION fees should be extended from 24 to 48 weather or the unavailability of the hours. reserved space due to the extension of Federal Aviation Administration Under the regulations in effect prior another quarantine. We believe it is to the December 2002 interim rule, we appropriate and necessary to limit 14 CFR Part 39 required 5 business days’ notice for refunds to the circumstances relating to [Docket No. FAA–2005–22534; Directorate cancellations in order for importers to services, other than those provided by Identifier 2005–NE–27–AD; Amendment 39– avoid forfeiture of the total reservation carriers, necessary for the importation of 14305; AD 2005–20–11] fee. As a result of the interim rule, we, the horses within the required period among other things, established a that are unavailable because of RIN 2120–AA64 graduated fee schedule for unforeseen circumstances as determined Airworthiness Directives; Rolls-Royce cancellations. Importers or their agents by the Administrator. Corporation (RRC) (formerly Allison are now required to present for entry, Likewise, the issuance of refunds, as Engine Company, Allison Gas within 24 hours following the may be necessary in the situations Division, and Allison) designated time of arrival, the horse for described above, is based somewhat on Models 250–C28, –C28B, and –C28C which the reservation was made. In our the Administrator’s discretion. As such, Engines opinion, increasing the time period we believe that any attempt to list all within which importers must present instances where a refund would be AGENCY: Federal Aviation their horses would lead to a granted would unnecessarily limit the Administration (FAA), Department of reintroduction of past speculative Administrator’s ability to make Transportation (DOT).

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ACTION: Final rule; request for manufacturer’s quality control problem. Examining the AD Docket comments. This condition, if not corrected, could You may examine the docket that result in loss of power and SUMMARY: The FAA is adopting a new contains the AD, any comments uncommanded engine shutdown due to received, and any final disposition in airworthiness directive (AD) for Rolls- failure of the third-stage turbine wheel. Royce Corporation (formerly Allison person at the Docket Management Engine Company, Allison Gas Turbine FAA’s Determination and Requirements Facility Docket Offices between 9 a.m. Division, and Detroit Diesel Allison) of This AD and 5 p.m., Monday through Friday, (RRC) Models 250–C28, –C28B, and The unsafe condition described except Federal holidays. The Docket –C28C turboshaft engines. This AD previously is likely to exist or develop Office (telephone (800) 647–5227) is requires a onetime visual inspection of on other RRC Models 250–C28, –C28B, located on the plaza level of the the seal joint in each passage between and –C28C turboshaft engines of the Department of Transportation Nassif airfoils at the hub and shroud of third- same type design. For that reason, we Building at the street address stated in stage turbine wheels, part number (P/N) are issuing this AD to prevent loss of ADDRESSES. Comments will be available 6899383. This AD results from reports power and uncommanded engine in the AD docket shortly after the DMS of three failed third-stage turbine wheels shutdown due to failure of the third- receives them. and from the manufacturer’s analysis of stage turbine wheel. This AD requires a Authority for This Rulemaking those failures. We are issuing this AD to onetime visual inspection of the seal prevent loss of power and joint in each passage between airfoils at Title 49 of the United States Code uncommanded engine shutdown due to the hub and shroud of third-stage specifies the FAA’s authority to issue failure of the third-stage turbine wheel. turbine wheels, P/N 6899383. rules on aviation safety. Subtitle I, Section 106, describes the authority of DATES: This AD becomes effective FAA’s Determination of the Effective the FAA Administrator. Subtitle VII, October 18, 2005. Date Aviation Programs, describes in more We must receive any comments on detail the scope of the Agency’s this AD by December 2, 2005. Since an unsafe condition exists that requires the immediate adoption of this authority. ADDRESSES: Use one of the following AD, we have found that notice and We are issuing this rulemaking under addresses to comment on this AD: opportunity for public comment before the authority described in Subtitle VII, • DOT Docket Web site: Go to issuing this AD are impracticable, and Part A, Subpart III, Section 44701, http://dms.dot.gov and follow the that good cause exists for making this ‘‘General requirements.’’ Under that instructions for sending your comments amendment effective in less than 30 section, Congress charges the FAA with electronically. • days. promoting safe flight of civil aircraft in Government-wide rulemaking Web air commerce by prescribing regulations site: Go to http://www.regulations.gov Comments Invited for practices, methods, and procedures and follow the instructions for sending This AD is a final rule that involves the Administrator finds necessary for your comments electronically. • requirements affecting flight safety and safety in air commerce. This regulation Mail: Docket Management Facility; was not preceded by notice and an is within the scope of that authority U.S. Department of Transportation, 400 opportunity for public comment; because it addresses an unsafe condition Seventh Street, SW., Nassif Building, however, we invite you to send us any that is likely to exist or develop on Room PL–401, Washington, DC 20590– written relevant data, views, or products identified in this rulemaking 0001. • arguments regarding this AD. Send your action. Fax: (202) 493–2251. comments to an address listed under • Hand Delivery: Room PL–401 on Regulatory Findings ADDRESSES. Include ‘‘AD Docket No. the plaza level of the Nassif Building, FAA–2005–22534; Directorate Identifier We have determined that this AD will 400 Seventh Street, SW., Washington, 2005–NE–27–AD’’ in the subject line of not have federalism implications under DC, between 9 a.m. and 5 p.m., Monday your comments. We specifically invite Executive Order 13132. This AD will through Friday, except Federal holidays. comments on the overall regulatory, not have a substantial direct effect on Contact Rolls-Royce Corporation, PO economic, environmental, and energy the States, on the relationship between Box 420, , IN 46206–0420; aspects of the rule that might suggest a the national Government and the States, telephone (317) 230–6400; fax (317) need to modify it. or on the distribution of power and 230–4243 for the service information We will post all comments we responsibilities among the various identified in this AD. receive, without change, to http:// levels of government. FOR FURTHER INFORMATION CONTACT: John dms.dot.gov, including any personal For the reasons discussed above, I Tallarovic, Aerospace Engineer, Chicago information you provide. We will also certify that the regulation: Aircraft Certification Office, FAA, 2300 post a report summarizing each 1. Is not a ‘‘significant regulatory East Devon Avenue, Des Plaines, IL substantive verbal contact with FAA action’’ under Executive Order 12866; 60018–4696; telephone (847) 294–8180; personnel concerning this AD. Using the 2. Is not a ‘‘significant rule’’ under the fax (847) 294–7834. search function of the Docket DOT Regulatory Policies and Procedures SUPPLEMENTARY INFORMATION: In April Management System (DMS) Web site, (44 FR 11034, February 26, 1979); and 2005, we became aware of reports of anyone can find and read the comments 3. Will not have a significant three failed third-stage turbine wheels, in any of our dockets, including the economic impact, positive or negative, P/N 6899383. The third-stage turbine name of the individual who sent the on a substantial number of small entities wheels had partial loss of the blades and comment (or signed the comment on under the criteria of the Regulatory shroud. RRC conducted an analysis and behalf of an association, business, labor Flexibility Act. found the failures were caused by union, etc.). You may review the DOT’s We prepared a summary of the costs compromised third-stage blade fillet complete Privacy Act Statement in the to comply with this AD and placed it in radii, which led to increased stresses to Federal Register published on April 11, the AD Docket. You may get a copy of the third-stage blades and shroud. RRC 2000 (65 FR 19477–78) or you may visit this summary at the address listed categorized this finding as a http://dms.dot.gov. under ADDRESSES.

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List of Subjects in 14 CFR Part 39 Detroit Diesel Allison): Amendment 39– due to failure of the third-stage turbine 14305. Docket No. FAA–2005–22534; wheel. Air transportation, Aircraft, Aviation Directorate Identifier 2005–NE–27–AD. safety, Safety. Compliance Effective Date Adoption of the Amendment (e) You are responsible for having the (a) This airworthiness directive (AD) actions required by this AD performed within Under the authority delegated to me becomes effective October 18, 2005. the compliance times specified unless the actions have already been done. by the Administrator, the Federal Affected ADs Aviation Administration amends part 39 Onetime Visual Inspection of the Federal Aviation Regulations (14 (b) None. (f) For third-stage turbine wheels, part CFR part 39) as follows: Applicability number (P/N) 6899383, with fewer than (c) This AD applies to Rolls-Royce PART 39—AIRWORTHINESS 3,000 hours time-since-new (TSN), inspect Corporation (RRC) (formerly Allison Engine the next time the third-stage turbine wheel is DIRECTIVES Company, Allison Gas Turbine Division, and directly available for removal, at the next Detroit Diesel Allison) models 250–C28, I turbine overhaul, or by April 30, 2007, 1. The authority citation for part 39 –C28B, and –C28C turboshaft engines. These whichever occurs sooner. continues to read as follows: engines are installed on, but not limited to, (g) For third-stage turbine wheels, P/N Authority: 49 U.S.C. 106(g), 40113, 44701. Bell Helicopter Textron 206L–1; Eurocopter 6899383, with 3,000 hours or more TSN, Deutschland BO 105 LS A–1; and Eurocopter inspect within 300 hours or by April 30, § 39.13 [Amended] Canada BO 105 LS A–3 helicopters. 2007, whichever occurs sooner. I 2. The FAA amends § 39.13 by adding (h) Remove the third-stage turbine wheel Unsafe Condition and perform a onetime visual inspection of the following new airworthiness (d) This AD results from reports of three the seal joint in each passage between airfoils directive: failed third-stage turbine wheels and from at the hub and shroud. Seal joint evidence 2005–20–11 Rolls-Royce Corporation the manufacturer’s analysis of those failures. must not be present within blade fillet radii. (formerly Allison Engine Company, We are issuing this AD to prevent loss of See Figure 1 of this AD for reference. Allison Gas Turbine Division, and power and uncommanded engine shutdown BILLING CODE 4910–13–P

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BILLING CODE 4910–13–C

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(i) Remove from service any turbine wheel Federal Register approved the No Objections to the NPRM that has seal joint evidence present within incorporation by reference of certain blade fillet radii. One commenter states that it has no service bulletins listed in the AD. objection to the NPRM. Alternative Methods of Compliance ADDRESSES: You may examine the AD Request To Give Credit for Previous (j) The Manager, Chicago Aircraft docket on the Internet at http:// Certification Office, has the authority to Alternative Methods of Compliance dms.dot.gov or in person at the Docket (AMOCs) approve alternative methods of compliance Management Facility, U.S. Department for this AD if requested using the procedures of Transportation, 400 Seventh Street This same commenter notes that it has found in 14 CFR 39.19. SW., Nassif Building, Room PL–401, received an AMOC with AD 2003–17– Related Information Washington, DC. 07. We infer that the commenter is (k) RRC Alert Service Bulletin No. CEB–A– Contact Boeing Commercial requesting that credit be given for 72–2205, dated April 26, 2005, pertains to Airplanes, Long Beach Division, 3855 compliance with the AD in accordance the subject of this AD. Lakewood Boulevard, Long Beach, with the AMOC. We acknowledge that the AMOC the California 90846, Attention: Data and Issued in Burlington, Massachusetts, on commenter received provides September 26, 2005. Service Management, Dept. C1–L5A compliance with AD 2003–17–07. (D800–0024) for service information Francis A. Favara, However, it is unnecessary to amend identified in this AD. Acting Manager, Engine and Propeller this revised AD to reflect credit for Directorate, Aircraft Certification Service. FOR FURTHER INFORMATION CONTACT: previous accomplishment of the one- [FR Doc. 05–19693 Filed 9–30–05; 8:45 am] Samuel Lee, Aerospace Engineer, time test of the fire extinguishers for the BILLING CODE 4910–13–P Propulsion Branch, ANM–140L, FAA, engine and auxiliary power unit (APU), Los Angeles Aircraft Certification as applicable. This revised AD merely Office, 3960 Paramount Boulevard, reduces the applicability of the AD, and DEPARTMENT OF TRANSPORTATION Lakewood, California 90712–4137; all of the previous requirements, telephone (562) 627–5262; fax (562) Federal Aviation Administration conditions, and provisions remain in 627–5210. effect. 14 CFR Part 39 SUPPLEMENTARY INFORMATION: Request To Revise Note 1 [Docket No. FAA–2005–20881; Directorate Examining the Docket One commenter requests that we Identifier 2004–NM–253–AD; Amendment You may examine the AD docket on revise a typographical error in Note 1 of 39–14302; AD 2003–17–07 R1] the Internet at http://dms.dot.gov or in the proposed AD, which referred to RIN 2120–AA64 person at the Docket Management paragraph (c) as the AMOC paragraph. Facility office between 9 a.m. and 5 We agree with the commenter, and have Airworthiness Directives; Various p.m., Monday through Friday, except revised Note 1 to refer to paragraph (h) Transport Category Airplanes Federal holidays. The Docket of the AD for AMOCs. Manufactured by McDonnell Douglas Management Facility office (telephone Conclusion AGENCY: Federal Aviation (800) 647–5227) is located on the plaza We have carefully reviewed the Administration (FAA), Department of level of the Nassif Building at the street available data, including the comments Transportation (DOT). address stated in the ADDRESSES section. received, and determined that air safety ACTION: Final rule. Discussion and the public interest require adopting the AD with the change described SUMMARY: The FAA is revising an The FAA proposed to amend part 39 previously. We have determined that existing airworthiness directive (AD) of the Federal Aviation Regulations (14 this change will neither increase the that applies to various transport CFR part 39) with an airworthiness economic burden on any operator nor category airplanes manufactured by directive (AD) to revise AD 2003–17–07, increase the scope of the AD. McDonnell Douglas. We issued that AD amendment 39–13281 (68 FR 50058, to require a one-time test of the fire August 20, 2003). The existing AD Costs of Compliance extinguishers for the engine and applies to various transport category There are about 3,311 airplanes of the auxiliary power unit (APU), as airplanes manufactured by McDonnell affected design in the worldwide fleet. applicable, to determine the capability Douglas. The proposed AD was This AD will affect about 1,520 of the Firex electrical circuits to fire published in the Federal Register on airplanes of U.S. registry. discharge cartridges, and April 11, 2005 (70 FR 18324) to require The actions that are required by AD troubleshooting actions if necessary. a one-time test of the fire extinguishers 2003–17–07 and retained in this AD This new AD removes certain transport for the engine and auxiliary power unit take between 4 work hours and 7 work category airplanes from the applicability (APU), as applicable, to determine the hours per airplane, at an average labor of the existing AD. This AD results from capability of the Firex electrical circuits rate of $65 per work hour. Based on reports indicating that fire extinguishers to fire discharge cartridges, and these figures, the estimated cost of the for the engine and auxiliary power unit troubleshooting actions if necessary. currently required actions is estimated had failed to discharge when That action also proposed to remove to be between $395,200, and $691,600, commanded. We are issuing this AD to Model MD–10–10F and MD–10–30F on U.S. operators, or between $260 and prevent failure of the fire extinguishers airplanes from the applicability of the $455 per airplane. to fire discharge cartridges, which could existing AD. This AD does not add any new result in the inability to put out a fire actions to the existing actions required Comments in an engine or in the APU. by AD 2003–17–07. Since this AD will DATES: The effective date of this AD is We provided the public the remove certain airplanes from the September 24, 2003. opportunity to participate in the applicability of the AD, the total On September 24, 2003 (68 FR 50058, development of this AD. We have estimated cost of compliance of the AD August 20, 2003), the Director of the considered the comments received. for U.S. operators is actually reduced

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from the existing AD. However, the not have a substantial direct effect on the FAA amends 14 CFR part 39 as estimated cost of compliance per the States, on the relationship between follows: airplane remains the same. the national government and the States, or on the distribution of power and PART 39—AIRWORTHINESS Authority for This Rulemaking responsibilities among the various DIRECTIVES Title 49 of the United States Code levels of government. I 1. The authority citation for part 39 specifies the FAA’s authority to issue For the reasons discussed above, I continues to read as follows: rules on aviation safety. Subtitle I, certify that this AD: Authority: 49 U.S.C. 106(g), 40113, 44701. Section 106, describes the authority of (1) Is not a ‘‘significant regulatory the FAA Administrator. Subtitle VII, action’’ under Executive Order 12866; § 39.13 [Amended] Aviation Programs, describes in more (2) Is not a ‘‘significant rule’’ under detail the scope of the Agency’s I 2. The Federal Aviation DOT Regulatory Policies and Procedures authority. Administration (FAA) amends § 39.13 (44 FR 11034, February 26, 1979); and We are issuing this rulemaking under by removing amendment 39–13281 (68 (3) Will not have a significant the authority described in Subtitle VII, FR 50058, August 20, 2003) and adding economic impact, positive or negative, Part A, Subpart III, Section 44701, the following new airworthiness on a substantial number of small entities ‘‘General requirements.’’ Under that directive (AD): under the criteria of the Regulatory section, Congress charges the FAA with 2003–17–07 R1: Amendment 39–14302. Flexibility Act. promoting safe flight of civil aircraft in Docket No. FAA–2005–20881; air commerce by prescribing regulations We prepared a regulatory evaluation Directorate Identifier 2004–NM–253–AD. of the estimated costs to comply with for practices, methods, and procedures Effective Date the Administrator finds necessary for this AD and placed it in the AD docket. See the ADDRESSES section for a location (a) The effective date of this AD is safety in air commerce. This regulation September 24, 2003. is within the scope of that authority to examine the regulatory evaluation. Affected ADs because it addresses an unsafe condition List of Subjects in 14 CFR Part 39 that is likely to exist or develop on (b) This AD revises AD 2003–17–07 to products identified in this rulemaking Air transportation, Aircraft, Aviation remove reference to McDonnell Douglas action. safety, Incorporation by reference, Model MD–10–10F and MD–10–30F Safety. airplanes. Regulatory Findings Adoption of the Amendment Applicability We have determined that this AD will (c) This AD applies to the airplanes listed not have federalism implications under I Accordingly, under the authority in Table 1 of this AD, certificated in any Executive Order 13132. This AD will delegated to me by the Administrator, category. Table 1 of this AD follows:

TABLE 1.—APPLICABILITY

McDonnell Douglas models As listed in

Model DC–8–11, DC–8–12, DC–8–21, DC–8–31, DC–8–32, DC–8–33, Boeing Alert Service Bulletin DC8–26A042, including Appendix A, DC–8–41, DC–8–42, and DC–8–43 airplanes; DC–8–51, DC–8–52, dated January 31, 2002. DC–8–53, and DC–8–55 airplanes; DC–8F–54 and DC–8F–55 air- planes; DC–8–61, DC–8–62, and DC–8–63 airplanes; DC–8–61F, DC–8–62F, and DC–8–63F airplanes; DC–8–71, DC–8–72 and DC– 8–73 airplanes; DC–8–71F, DC–8–72F, and DC–8–73F airplanes. Model DC–9–11, DC–9–12, DC–9–13, DC–9–14, DC–9–15, and DC– McDonnell Douglas Alert Service Bulletin DC9-26A029, Revision 01, 9–15F airplanes; DC–9–21 airplanes; DC–9–31, DC–9–32, DC–9–32 dated May 8, 2001. (VC–9C), DC–9–32F, DC–9–33F, DC–9–34, DC–9–34F, and DC–9– 32F (C–9A, C–9B) airplanes; DC–9–41 airplanes; DC–9–51 air- planes; DC–9–81 (MD–81), DC–9–82 (MD–82), DC–9–83 (MD–83), and DC–9–87 (MD–87) airplanes; and MD–88 airplanes. Model DC–10–10 and DC–10–10F airplanes; DC–10–15 airplanes; McDonnell Douglas Alert Service DC10–26A050, dated July 31, 2000. DC–10–30 and DC–10–30F (KC–10A and KDC–10) airplanes; DC– 10–40 and DC–10–40F airplanes;. Model MD–11 and MD–11F airplanes ...... McDonnell Douglas Alert Service Bulletin MD11–26A039, Revision 01, dated November 21, 2002. Model MD–90–30 airplanes ...... McDonnell Douglas Alert Service Bulletin MD90–26A005, dated July 31, 2000.

Unsafe Condition Compliance requirements of this AD is affected, the (d) This AD results from reports indicating (e) You are responsible for having the owner/operator must request approval for an that fire extinguishers for the engine and the actions required by this AD performed within alternative method of compliance in auxiliary power unit (APU) had failed to the compliance times specified, unless the accordance with paragraph (h) of this AD. discharge when commanded on a McDonnell actions have already been done. The request should include an assessment of Douglas Model DC–9–81 airplane and a Note 1: This AD applies to each airplane the effect of the modification, alteration, or Model DC–9–33F airplane. We are issuing identified in the preceding applicability repair on the unsafe condition addressed by this AD to prevent failure of the fire provision, regardless of whether it has been this AD; and, if the unsafe condition has not modified, altered, or repaired in the area extinguishers to fire discharge cartridges, been eliminated, the request should include subject to the requirements of this AD. For specific proposed actions to address it. which could result in the inability to put out airplanes that have been modified, altered, or a fire in an engine or in the APU. repaired so that the performance of the

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Testing the Firex Electrical Circuits does not pass the testing, before further FAA. Operators shall submit their requests (f) Within 18 months after the flight, accomplish the troubleshooting through an appropriate FAA Principal accumulation of 15,000 total flight hours, or procedures specified in the applicable ASB, Maintenance Inspector, who may add within 18 months after September 24, 2003 and repair per SWPM D6–82481. Dispatch is comments and then send it to the Manager, (the effective date of AD 2003–17–07), not permitted until the circuits have been Los Angeles ACO. whichever occurs later: Test the capability of repaired. Note 2: Information concerning the the electrical circuits of the Firex fire Actions Accomplished Per Previous Issue of existence of approved alternative methods of extinguishers for the engine and the APU, as Service Bulletins compliance with this AD, if any, may be applicable, per the applicable alert service obtained from the Los Angeles ACO. bulletin (ASB) listed in Table 1 of this AD. (g) Tests and troubleshooting procedures (1) For any airplane equipped with an accomplished before the effective date of this Special Flight Permits APU: If any electrical circuit of the Firex fire AD per McDonnell Douglas Alert Service extinguishers for the APU does not pass the Bulletin DC9–26A029, dated July 27, 2000; or (i) Special flight permits may be issued in testing, before further flight, accomplish the MD11–26A039, dated July 31, 2000; are accordance with sections 21.197 and 21.199 troubleshooting procedures specified in the considered acceptable for compliance with of the Federal Aviation Regulations (14 CFR applicable ASB. Dispatch with an inoperative the corresponding action specified in 21.197 and 21.199) to operate the airplane to APU is permitted for the amount of time paragraph (f) of this AD. a location where the requirements of this AD specified in the Minimum Equipment List. can be accomplished. Dispatch after that time is not permitted until Alternative Methods of Compliance Material Incorporated by Reference the circuits are repaired per the Boeing (h) An alternative method of compliance or Standard Wiring Practices Manual (SWPM) adjustment of the compliance time that (j) You must use the service bulletins listed D6–82481. provides an acceptable level of safety may be in Table 2 of this AD to perform the actions (2) For all airplanes: If any electrical circuit used if approved by the Manager, Los that are required by this AD, unless the AD of the Firex fire extinguishers for the engine Angeles Aircraft Certification Office (ACO), specifies otherwise.

TABLE 2.—APPLICABLE SERVICE BULLETINS

Service bulletin Revision level Date

Boeing Alert Service Bulletin DC8–26A042, including Appendix A ...... Original ...... January 31, 2002. McDonnell Douglas Alert Service Bulletin DC9–26A029 ...... Revision 01 ...... May 8, 2001. McDonnell Douglas Alert Service Bulletin DC10–26A050 ...... Original ...... July 31, 2000. McDonnell Douglas Alert Service Bulletin MD11–26A039 ...... Revision 01 ...... November 21, 2002. McDonnell Douglas Alert Service Bulletin MD90–26A005 ...... Original ...... July 31, 2000.

(1) On September 24, 2003 (68 FR 50058, DEPARTMENT OF TRANSPORTATION ribs 1 and 2 having initiated at the build August 20, 2003), the Director of the Federal slot. We are issuing this AD to detect Register approved the incorporation by Federal Aviation Administration and correct fatigue cracking in the reference of Boeing and McDonnell Douglas vertical web of the wing rear spar, service bulletins listed in Table 2. 14 CFR Part 39 which could result in reduced structural (2) Contact Boeing Commercial Airplanes, [Docket No. FAA–2005–22485; Directorate integrity of the wing. Long Beach Division, 3855 Lakewood Identifier 2001–NM–337–AD; Amendment DATES: Effective October 18, 2005. Boulevard, Long Beach, California 90846, 39–14293; AD 2005–19–28] The Director of the Federal Register Attention: Data and Service Management, approved the incorporation by reference RIN 2120–AA64 Dept. C1–L5A (D800–0024), for a copy of this of certain publications listed in the AD service information. You may review copies Airworthiness Directives; Airbus Model as of October 18, 2005. at the Docket Management Facility, U.S. A330–301, –321, –322, –341, and –342 We must receive comments on this Department of Transportation, 400 Seventh AD by December 2, 2005. Street SW., Room PL–401, Nassif Building, Airplanes; and Model A340–200 and A340–300 Series Airplanes ADDRESSES: Use one of the following Washington, DC; on the Internet at http:// addresses to submit comments on this dms.dot.gov; or at the National Archives and AGENCY: Federal Aviation AD. Records Administration (NARA). For Administration (FAA), Department of • DOT Docket web site: Go to information on the availability of this Transportation (DOT). http://dms.dot.gov and follow the material at the NARA, call (202) 741–6030, ACTION: Final rule; request for instructions for sending your comments or go to http://www.archives.gov/ comments. electronically. _ _ _ _ federal register/code of federal regulations/ • Government-wide rulemaking web _ ibr locations.html. SUMMARY: The FAA is adopting a new site: Go to http://www.regulations.gov Issued in Renton, Washington, on airworthiness directive (AD) for certain and follow the instructions for sending September 20, 2005. Airbus Model A330–301, –321, –322, your comments electronically. –341, and –342 airplanes; and Model • Ali Bahrami, Mail: Docket Management Facility; A340–200 and A340–300 series U.S. Department of Transportation, 400 Manager, Transport Airplane Directorate, airplanes. This AD requires repetitive Seventh Street SW., Nassif Building, Aircraft Certification Service. inspections for cracks in the aft face of Room PL–401, Washington, DC 20590. [FR Doc. 05–19438 Filed 9–30–05; 8:45 am] the rear spar at the area adjacent to the • Fax: (202) 493–2251. BILLING CODE 4910–13–P bolt holes and the end of the build slot, • Hand Delivery: Room PL–401 on and repair if necessary. The AD also the plaza level of the Nassif Building, provides an optional terminating action 400 Seventh Street SW., Washington, for the repetitive inspections. This AD DC, between 9 a.m. and 5 p.m., Monday results from a report that, during fatigue through Friday, except Federal holidays. tests of the wing, cracks were found in Contact Airbus, 1 Rond Point Maurice the vertical web of the rear spar between Bellonte, 31707 Blagnac Cedex, France,

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for service information identified in this Discussion Service Bulletin A340–57–4065, dated AD. The Direction Generale de l’Aviation August 29, 2001 (for Model A340–200 You may examine the contents of the Civile (DGAC), which is the and A340–300 series airplanes). These AD docket on the Internet at http:// airworthiness authority for France, service bulletins describe procedures for dms.dot.gov, or in person at the Docket notified us that an unsafe condition may changing the profile of the end radius of Management Facility, U.S. Department exist on certain Airbus Model A330– the build slot to reduce the stress of Transportation, 400 Seventh Street 301, –321, –322, –341, and –342 concentration in the area, which SW., Room PL–401, Washington, DC. reduces the probability of fatigue airplanes; and Model A340–200 and This docket number is FAA–2005– cracking. The re-profiling involves first A340–300 series airplanes. The DGAC 22485; the directorate identifier for this doing an HFEC inspection for cracks of advises that, during fatigue tests of the docket is 2001–NM–337–AD. the aft face of the rear spar at the area wing, cracks were found in the vertical FOR FURTHER INFORMATION CONTACT: adjacent to the bolt holes. If cracks are Tim web of the rear spar between ribs 1 and found that will be removed by the re- Backman, Aerospace Engineer, ANM– 2. These fatigue cracks propagated from profiling cut-out, the service bulletins 116, International Branch, FAA, the build slot to the nearest adjacent Transport Airplane Directorate, 1601 specify that the re-profiling can proceed. bolt hole. This condition, if not Lind Avenue, SW., Renton, Washington If any crack is found that is outside the corrected, could result in reduced 98055–4056; telephone (425) 227–2797; re-profiling cut-out, the service bulletins structural integrity of the wing. fax (425) 227–1149. specify contacting Airbus for repair SUPPLEMENTARY INFORMATION: Relevant Service Information instructions before further flight. Doing this re-profiling eliminates the need for Airbus has issued Service Bulletin Comments Invited the repetitive inspection requirements A330–57–3059, Revision 01, dated of Airbus Service Bulletins A330–57– Although this is a final rule that was September 13, 2001 (for Model A330– not preceded by notice and an 3059 and A340–57–4066. 301, –321, –322, –341, and –342 opportunity for public comment, we Accomplishing the actions specified airplanes); and Service Bulletin A340– invite you to submit any relevant in the service information is intended to 57–4066, Revision 01, dated September written data, views, or arguments adequately address the unsafe 13, 2001 (for Model A340–200 and regarding this AD. Include ‘‘Docket No. condition. The DGAC mandated the A340–300 series airplanes). The service FAA–2005–22485; Directorate Identifier service information and issued French bulletins describe procedures for doing 2001–NM–337–AD’’ at the beginning of airworthiness directives 2001–268(B) repetitive high-frequency eddy current your comments. We specifically invite R1, dated July 25, 2001, and 2001– (HFEC) inspections for cracks in the aft comments on the overall regulatory, 269(B), dated June 27, 2001, to ensure face of the rear spar at the area adjacent economic, environmental, and energy the continued airworthiness of these aspects of the AD. We will consider all to the bolt holes and the end of the build airplanes in France. comments received by the closing date slot. If no cracks are found, the service FAA’s Determination and Requirements and may amend the AD in light of those bulletins give intervals for repeating the of This AD comments. HFEC inspection until the terminating We will post all comments we action, described below, is These airplane models are receive, without change, to http:// accomplished. If any crack is found the manufactured in France and are type dms.dot.gov, including any personal service bulletins give the following certificated for operation in the United information you provide. We will also procedures for repair, depending on the States under the provisions of section post a report summarizing each extent of the crack. 21.29 of the Federal Aviation • substantive verbal contact with FAA For any crack that has not reached Regulations (14 CFR 21.29) and the personnel concerning this AD. Using the the fastener holes ‘‘B,’’ and is still applicable bilateral airworthiness search function of that web site, anyone within a specified modification cut-out agreement. Pursuant to this bilateral can find and read the comments in any area, the service bulletins state that the airworthiness agreement, the DGAC has of our dockets, including the name of airplane may continue operation at kept the FAA informed of the situation the individual who sent the comment various reduced inspection intervals, described above. We have examined the (or signed the comment on behalf of an depending on the length of the crack, DGAC’s findings, evaluated all pertinent association, business, labor union, etc.). until the terminating action is information, and determined that we You may review the DOT’s complete accomplished. need to issue an AD for products of this • Privacy Act Statement in the Federal For any crack that extends to type design that are certificated for Register published on April 11, 2000 fastener holes ‘‘B,’’ but not beyond, the operation in the United States. (65 FR 19477–78), or you may visit service bulletin gives procedures for Therefore, we are issuing this AD to http://dms.dot.gov. doing a temporary repair and then doing detect and correct fatigue cracking in the terminating action, described below, the vertical web of the wing rear spar, Examining the Docket at a specified interval following the which could result in reduced structural You may examine the AD docket on temporary repair. The temporary repair integrity of the wing. This AD requires the Internet at http://dms.dot.gov, or in includes the related investigative action accomplishing the actions specified in person at the Docket Management of a leak test after the access panels are the service information described Facility office between 9 a.m. and 5 installed at the work area. previously. p.m., Monday through Friday, except • If any crack is found that extends Federal holidays. The Docket beyond the specified modification cut- Differences Between the AD and the Management Facility office (telephone out area, the service bulletin specifies French Airworthiness Directives (800) 647–5227) is located on the plaza that operators should contact Airbus for The applicability of the French level of the Nassif Building at the DOT repair instructions. airworthiness directives excludes street address stated in the ADDRESSES Airbus has also issued Service airplanes on which Airbus Service section. Comments will be available in Bulletin A330–57–3058, dated August Bulletins A330–57–3058 or A340–57– the AD docket shortly after the Docket 29, 2001 (for Model A330–301, –321, 4065 was accomplished in service, as Management System receives them. –322, –341, and –342 airplanes); and applicable. However, we have not

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excluded those airplanes in the bulletins, this AD would not permit for this AD, a repair we or the DGAC applicability of this AD; rather, this AD further flight if any crack has extended approve would be acceptable for includes a requirement to accomplish beyond the fastener holes ‘‘B,’’ and is compliance with this AD. the actions specified in the applicable still within a specified modification cut- These differences have been service bulletin. This requirement out area. We have determined that, coordinated with the DGAC. would ensure that the actions specified because of the safety implications and in the service bulletin and required by consequences associated with that Costs of Compliance this AD are accomplished on all affected cracking, any crack of this size must be airplanes. Operators must continue to permanently repaired (by using the re- None of the airplanes affected by this operate the airplane in the configuration profiling procedure) before further action are on the U.S. Register. All required by this AD unless an flight. airplanes affected by this AD are alternative method of compliance is The service bulletins that are currently operated by non-U.S. approved. mandated by the French airworthiness operators under foreign registry; Unlike the procedures described in directives specify that you may contact therefore, they are not directly affected the service bulletins that are mandated the manufacturer for instructions on by this AD action. However, we by the French airworthiness directives, how to repair certain conditions, but consider this AD necessary to ensure this AD would not permit further flight this AD would require you to repair that the unsafe condition is addressed if if any crack is detected. For cracks that those conditions using a method that we any affected airplane is imported and have not reached fastener holes ‘‘B’’ or or the DGAC (or its delegated agent) placed on the U.S. Register in the future. that extend to fastener holes ‘‘B,’’ but approve. In light of the type of repair The following table provides the not beyond, this AD requires doing the that would be required to address the estimated costs to comply with this AD temporary repair in accordance with the unsafe condition, and consistent with for any affected airplane that might be service bulletin. In addition, unlike the existing bilateral airworthiness imported and placed on the U.S. procedures described in the service agreements, we have determined that, Register in the future.

ESTIMATED COSTS

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

HFEC Inspection, per inspection cycle ...... 2 $65 None ...... $130, per inspection cycle. Re-profiling (Optional Terminating Action) ...... 70 $65 None ...... $4,550.

FAA’s Determination of the Effective Regulatory Findings Adoption of the Amendment Date We have determined that this AD will I Accordingly, under the authority No airplane affected by this AD is not have federalism implications under delegated to me by the Administrator, currently on the U.S. Register. Executive Order 13132. This AD will the FAA amends 14 CFR part 39 as Therefore, providing notice and not have a substantial direct effect on follows: opportunity for public comment is the States, on the relationship between unnecessary before this AD is issued, PART 39—AIRWORTHINESS the national government and the States, and this AD may be made effective in DIRECTIVES or on the distribution of power and less than 30 days after it is published in I 1. The authority citation for part 39 the Federal Register. responsibilities among the various levels of government. continues to read as follows: Authority for This Rulemaking For the reasons discussed above, I Authority: 49 U.S.C. 106(g), 40113, 44701. Title 49 of the United States Code certify that the regulation: § 39.13 [Amended] specifies the FAA’s authority to issue 1. Is not a ‘‘significant regulatory rules on aviation safety. Subtitle I, I 2. The Federal Aviation action’’ under Executive Order 12866; Section 106, describes the authority of Administration (FAA) amends § 39.13 the FAA Administrator. Subtitle VII, 2. Is not a ‘‘significant rule’’ under the by adding the following new Aviation Programs, describes in more DOT Regulatory Policies and Procedures airworthiness directive (AD): detail the scope of the Agency’s (44 FR 11034, February 26, 1979); and 2005–19–28 Airbus: Amendment 39–14293. authority. 3. Will not have a significant Docket No. FAA–2005–22485; We are issuing this rulemaking under economic impact, positive or negative, Directorate Identifier 2001–NM–337–AD. the authority described in Subtitle VII, on a substantial number of small entities Effective Date Part A, Subpart III, Section 44701, under the criteria of the Regulatory ‘‘General requirements.’’ Under that (a) This AD becomes effective October 18, Flexibility Act. 2005. section, Congress charges the FAA with promoting safe flight of civil aircraft in We prepared a regulatory evaluation Affected ADs of the estimated costs to comply with air commerce by prescribing regulations (b) None. for practices, methods, and procedures this AD and placed it in the AD docket. Applicability the Administrator finds necessary for See the ADDRESSES section for a location safety in air commerce. This regulation to examine the regulatory evaluation. (c) This AD applies to Airbus Model A330– is within the scope of that authority 301, –321, –322, –341, and –342 airplanes; List of Subjects in 14 CFR Part 39 and Model A340–211, –212, –213, –311, because it addresses an unsafe condition –312, and –313 airplanes; certificated in any that is likely to exist or develop on Air transportation, Aircraft, Aviation category; except airplanes on which Airbus products identified in this rulemaking safety, Incorporation by reference, Modification 41300 or 42547 has been action. Safety. accomplished, as applicable.

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Unsafe Condition the compliance times specified, unless the Bulletin A340–57–4066, Revision 01, dated (d) This AD results from a report that, actions have already been done. September 13, 2001. during fatigue tests of the wing, cracks were Service Bulletin Reference Repetitive Inspections found in the vertical web of the rear spar (f) Unless otherwise specified in this AD, (g) At the applicable threshold in Table 1 between ribs 1 and 2 having initiated at the the term ‘‘service bulletin,’’ as used in this of this AD, do a high frequency eddy current build slot. The FAA is issuing this AD to AD, means the Accomplishment Instructions inspection for cracks in the aft face of the rear detect and correct fatigue cracking in the of the following service bulletins, as spar at the area adjacent to the bolt holes and vertical web of the wing rear spar, which applicable: the end of the build slot; and repeat the could result in reduced structural integrity of (1) For Model A330–301, –321, –322, –341, inspection thereafter at the applicable the wing. and –342 airplanes: Airbus Service Bulletin repetitive interval in Table 1 of this AD, until A330–57–3059, Revision 01, dated the repair required by paragraph (k) of this Compliance September 13, 2001; and AD is accomplished. Do all inspections in (e) You are responsible for having the (2) For Model A340–211, –212, –213, –311, accordance with the applicable service actions required by this AD performed within –312, and –313 airplanes: Airbus Service bulletin.

TABLE 1.—INSPECTION THRESHOLDS AND INTERVALS

Threshold Repetitive interval Model— The later of— The earlier of—

A330–301, –321, –322, –341, and –342 air- • Before the accumulation of 10,300 total • 8,300 flight cycles; and planes. flight cycles or 32,000 total flight hours, • 25,800 flight hours. whichever occurs earlier; or • Within 6 months after the effective date of this AD. A340–211, –212, –213, –311, –312, and –313 • Before the accumulation of 9,800 total flight • 8,200 flight cycles; and airplanes. cycles or total 48,200 flight hours, which- • 40,100 flight hours. ever occurs earlier; or • Within 6 months after the effective date of this AD.

Repair manufacturer for instructions on how to for this AD, if requested in accordance with (h) If any crack is found during any repair certain conditions: Before further the procedures found in 14 CFR 39.19. inspection required by paragraph (g) of this flight, repair according to a method approved (2) Before using any AMOC approved in AD, and the crack has not reached the by either the Manager, International Branch, accordance with § 39.19 on any airplane to fastener holes ‘‘B’’ or extends to fastener ANM–116, FAA, Transport Airplane which the AMOC applies, notify the holes ‘‘B,’’ but not beyond, before further Directorate; or the DGAC (or its delegated appropriate principal inspector in the FAA flight: Do the temporary repair in accordance agent). Flight Standards Certificate Holding District with the applicable service bulletin and (1) For Model A330–301, –321, –322, –341, Office. repeat the inspection thereafter at the and –342 airplanes: Airbus Service Bulletin Related Information applicable interval in paragraph (g) of this A330–57–3058, dated August 29, 2001. AD until the permanent repair required by (2) For Model A340–211, –212, –213, –311, (n) French airworthiness directives 2001– 268(B) R1, dated July 25, 2001, and 2001– paragraph (k) of this AD is accomplished. –312, and –313 airplanes: Airbus Service 269(B), dated June 27, 2001, also address the (i) If any crack is found during any Bulletin A340–57–4065, dated August 29, subject of this AD. inspection required by paragraph (g) of this 2001. AD, and the crack has extended beyond Material Incorporated by Reference fastener holes ‘‘B,’’: Before further flight, do Actions Done in Accordance With Previous the permanent repair in paragraph (k) of this Issues of Service Bulletins (o) You must use the Airbus service AD. bulletins identified in Table 3 of this AD to (l) Actions done before the effective date of perform the actions that are required by this (j) Where the service bulletin specifies that this AD in accordance with the service operators may contact the manufacturer for AD, as applicable, unless the AD specifies bulletins identified in Table 2 of this AD, are otherwise. The Director of the Federal instructions on how to repair cracks that acceptable for compliance with the extend beyond the modification cut-out area: Register approved the incorporation by corresponding action required by this AD. Before further flight, repair according to a reference of these documents in accordance method approved by either the Manager, with 5 U.S.C. 552(a) and 1 CFR part 51. International Branch, ANM–116, FAA, TABLE 2.—PREVIOUS ISSUES OF Contact Airbus, 1 Rond Point Maurice Transport Airplane Directorate; or the SERVICE BULLETINS Bellonte, 31707 Blagnac Cedex, France, for a Direction Ge´ne´rale de l’Aviation Civile copy of this service information. You may (DGAC) (or its delegated agent). Airbus Service Bulletins Date review copies at the Docket Management Facility, U.S. Department of Transportation, Optional Terminating Action—Permanent A330–57–3059 ...... March 16, 2001. 400 Seventh Street SW., room PL–401, Nassif Repair (Re-Profiling) A340–57–4066 ...... March 16, 2001. Building, Washington, DC; on the Internet at (k) Doing the permanent repair in http://dms.dot.gov; or at the National accordance with the applicable service Archives and Records Administration Alternative Methods of Compliance bulletin in paragraph (k)(1) or (k)(2) of this (NARA). For information on the availability (AMOCs) AD terminates the repetitive inspection of this material at the NARA, call (202) 741– requirements of this AD. Where the service (m)(1) The Manager, International Branch, 6030, or go to http://www.archives.gov/ bulletins in paragraph (k)(1) and (k)(2) of this ANM–116, Transport Airplane Directorate, federal_register/code_of_federal_regulations/ AD specify that operators may contact the FAA, has the authority to approve AMOCs ibr_locations.html.

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TABLE 3.—MATERIAL INCORPORATED BY REFERENCE

Airbus Service Bulletins Revision level Date

A330–57–3058 ...... Original ...... August 29, 2001. A330–57–3059 ...... 01 ...... September 13, 2001. A340–57–4065 ...... Original ...... August 29, 2001. A340–57–4066 ...... 01 ...... September 13, 2001.

Issued in Renton, Washington, on of the Department of Transportation submitting such written data, views, or September 15, 2005. NASSIF Building at the above address. arguments, as they may desire. Ali Bahrami, FOR FURTHER INFORMATION CONTACT: Comments that provide the factual basis Manager, Transport Airplane Directorate, Brenda Mumper, Air Traffic Division, supporting the views and suggestions Aircraft Certification Service. Airspace Branch, ACE–520A, DOT presented are particularly helpful in [FR Doc. 05–19045 Filed 9–30–05; 8:45 am] Regional Headquarters Building, Federal developing reasoned regulatory BILLING CODE 4910–13–P Aviation Administration, 901 Locust, decisions on the proposal. Comments Kansas City, MO 64106; telephone: are specifically invited on the overall (816) 329–2524. regulatory, aeronautical, economic, DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: This environmental, and energy-related amendment to 14 CFR 71 modifies the aspects of the proposal. Federal Aviation Administration Class E airspace beginning at 700 feet Communications should identify both above the surface at Sheldon Municipal docket numbers and be submitted in 14 CFR Part 71 Airport, IA to contain Instrument Flight triplicate to the address listed above. [Docket No. FAA–2005–22006; Airspace Rule (IFR) operations in controlled Commenters wishing the FAA to Docket No. 05–ACE–30] airspace. The area will be depicted on acknowledge receipt of their comments appropriate aeronautical charts. Class E on this notice must submit with those Modification of Class E Airspace; airspace areas are published in comments a self-addressed, stamped Sheldon Municipal Airport, IA Paragraph 6005 of FAA Order 7400.9N, postcard on which the following statement is made: ‘‘Comments to AGENCY: Airspace Designations and Reporting Federal Aviation Docket No. FAA–2005–22006/Airspace Administration (FAA), DOT. Points, dated September 1, 2005, and effective September 16, 2005, which is Docket No. 05–ACE–30.’’ The postcard ACTION: Direct final rule; request for incorporated by reference in 14 CFR will be date/time stamped and returned comments. 71.1. The Class E airspace designations to the commenter. SUMMARY: This action modifies the size listed in this document will be Agency Findings published subsequently in the Order. of the Class E5 airspace area beginning The regulations adopted herein will at 700 feet above the surface at Sheldon, The Direct Final Rule Procedure not have a substantial direct effect on IA to contain Instrument Flight Rule the States, on the relationship between (IFR) operations in controlled airspace. The FAA anticipates that this regulation will not result in adverse or the national Government and the States, The radius of the airspace area is or on the distribution of power and expanded from within a 6.4-mile radius negative comment and, therefore, is issuing it as a direct final rule. Previous responsibilities among the various to within a 6.9-mile radius of the levels of government. Therefore, it is airport. This action brings the Class E5 actions of this nature have not been controversial and have not resulted in determined that this final rule does not airspace area into compliance with FAA have federalism implications under directives. adverse comments or objections. Unless a written adverse or negative comment, Executive Order 13132. DATES: This direct final rule is effective or a written notice of intent to submit The FAA has determined that this on 0901 UTC, December 22, 2005. an adverse or negative comment is regulation only involves an established Comments for inclusion in the Rules received within the comment period, body of technical regulations for which Docket must be received on or before the regulation will become effective on frequent and routine amendments are October 28, 2005. the date specified above. After the close necessary to keep them operationally ADDRESSES: Send comments on this of the comment period, the FAA will current. Therefore, this regulation—(1) proposal to the Docket Management publish a document in the Federal Is not a ‘‘significant regulatory action’’ System, U.S. Department of Register indicating that no adverse or under Executive Order 12866; (2) is not Transportation, Room Plaza 401, 400 negative comments were received and a ‘‘significant rule’’ under DOT Seventh Street, SW., Washington, DC confirming the date on which the final Regulatory Policies and Procedures (44 20590–0001. You must identify the rule will become effective. If the FAA FR 11034; February 26, 1979); and (3) docket number FAA–2005–22006/ does receive, within the comment does not warrant preparation of a Airspace Docket No. 05–ACE–30, at the period, an adverse or negative comment, Regulatory Evaluation as the anticipated beginning of your comments. You may or written notice of intent to submit impact is so minimal. Since this is a also submit comments on the Internet at such a comment, a document routine matter that will only affect air http://dms.dot.gov. You may review the withdrawing the direct final rule will be traffic procedures and air navigation, it public docket containing the proposal, published in the Federal Register, and is certified that this rule, when any comments received, and any final a notice of proposed rulemaking may be promulgated, will not have a significant disposition in person in the Dockets published with a new comment period. economic impact on a substantial Office between 9 a.m. and 5 p.m., number of small entities under the Monday through Friday, except Federal Comments Invited criteria of the Regulatory Flexibility Act. holidays. The Docket Office (telephone Interested parties are invited to This rulemaking is promulgated 1–800–647–5527) is on the plaza level participate in this rulemaking by under the authority described in

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Subtitle VII, Part A, Subpart I, Section DEPARTMENT OF TRANSPORTATION in controlled airspace. The area will be 40103. Under that section, the FAA is depicted on appropriate aeronautical charged with prescribing regulations to Federal Aviation Administration charts. Class E airspace areas are assign the use of the airspace necessary published in Paragraph 6605 of FAA to ensure the safety of aircraft and the 14 CFR Part 71 Order 7400.9N, Airspace Designations efficient use of airspace. This regulation [Docket No. FAA–2005–22005; Airspace and Reporting Points, dated September is within the scope of that authority Docket No. 05–ACE–29] 1, 2005, and effective September 16, since it contains aircraft executing 2005, which is incorporated by instrument approach procedures to Modification of Class E Airspace; reference in 14 CFR 71.1. The Class E airspace designations listed in this Sheldon Municipal Airport. Wellington Municipal Airport, KS document will be published List of Subjects in 14 CFR Part 71 AGENCY: Federal Aviation subsequently in the Order. Administration (FAA), DOT. The Direct Final Rule Procedure Airspace, Incorporation by reference, ACTION: Direct final rule; request for Navigation (air). comments. The FAA anticipates that this regulation will not result in adverse or Adoption of the Amendment SUMMARY: An examination of the negative comment and, therefore, is controlled airspace for Wellington I issuing it as a direct final rule. Previous Accordingly, the Federal Aviation Municipal Airport, KS has revealed a actions of this nature have not been Administration amends 14 CFR part 71 discrepancy in the Airport Reference controversial and have not resulted in as follows; Point (ARP) and the size of the Class E adverse comments or objections. Unless airspace area. This action corrects the a written adverse or negative comment, PART 71—DESIGNATION OF CLASS A, ARP and modifies the size of the Class or a written notice of intent to submit CLASS B, CLASS C, CLASS D, AND E5 airspace area beginning at 700 feet an adverse or negative comment is CLASS E AIRSPACE AREAS; above the surface. The radius of the received within the comment period, AIRWAYS; ROUTES; AND REPORTING airspace area is expanded from within a the regulation will become effective on POINTS 6.3-mile radius to within a 6.4 mile the date specified above. After the close radius of the airport. This action brings of the comment period, the FAA will I 1. The authority citation for part 71 the Class E5 airspace area into publish a document in the Federal continues to read as follows: compliance with FAA directives. Register indicating that no adverse or Authority: 49 U.S.C. 106(g), 40103, 40113, DATES: This direct final rule is effective negative comments were received and 40120; E.O. 10854, 29 FR 9565, 3 CFR, 2959– on 0901 UTC, December 22, 2005. confirming the date on which the final 2963 Comp., p. 389. Comments for inclusion in the Rules rule will become effective. If the FAA Docket must be received on or before does receive, within the comment § 71.1 [Amended] October 28, 2005. period, an adverse or negative comment, I ADDRESSES: Send comments on this or written notice of intent to submit 2. The incorporation by reference in such a comment, a document 14 CFR 71.1 of Federal Aviation proposal to the Docket Management System, U.S. Department of withdrawing the direct final rule will be Administration Order 7400.9N, dated published in the Federal Register, and September 1, 2005, and effective Transportation, Room Plaza 401, 400 Seventh Street, SW., Washington, DC a notice of proposed rulemaking may be September 16, 2005, is amended as published with a new comment period. follows: 20590–0001. You must identify the docket number FAA–2005–22005/ Comments Invited Paragraph 6005 Class E Airspace Areas Airspace Docket No. 05–ACE–29, at the Interested parties are invited to Extending Upward From 700 Feet Or More beginning of your comments. You may Above The Surface Of The Earth. participate in this rulemaking by also submit comments on the Internet at submitting such written data, views, or * * * * * http://dms.dot.gov. You may review the arguments, as they may desire. public docket containing the proposal, ACE IA E5 Sheldon, IA Comments that provide the factual basis any comments received, and any final supporting the views and suggestions Sheldon Municipal Airport, IA disposition in person in the Dockets (Lat. 43°12′30″ N., long. 95°50′00″ W.) presented are particularly helpful in Office between 9 a.m. and 5 p.m., developing reasoned regulatory Sheldon NDB Monday through Friday, except Federal (Lat. 43°12′51″ N., long. 95°50′02″ W.) decisions on the proposal. Comments holidays. The Docket Office (telephone are specifically invited on the overall That airspace extending upward from 700 1–800–647–5527) is on the plaza level regulatory, aeronautical, economic, feet above the surface within a 6.9-mile of the Department of Transportation environmental, and energy-related radius of Sheldon Municipal Airport and NASSIF Building at the above address. aspects of the proposal. within 2.6 miles each side of the 160° bearing FOR FURTHER INFORMATION CONTACT: Communications should identify both from the Sheldon NDB extending from the Brenda Mumper, Air Traffic Division, docket numbers and be submitted in 6.9-mile radius to 7.4 miles southeast of the Airspace Branch, ACE–520A, DOT airport. triplicate to the address listed above. Regional Headquarters Building, Federal Commenters wishing the FAA to * * * * * Aviation Administration, 901 Locust, acknowledge receipt of their comments Issued in Kansas City, MO, on September Kansas City, MO 64106; telephone: on this notice must submit with those 20, 2005. (816) 329–2929. comments a self-addressed, stamped Elizabeth S. Wallis, SUPPLEMENTARY INFORMATION: This postcard on which the following Acting Area Director, Western Flight Services amendment to 14 CFR 71 modifies the statement is made: ‘‘Comments to Operations. Class E airspace beginning at 700 feet Docket No. FAA–2005–22005/Airspace above the surface at Wellington Docket No. 05–ACE–29.’’ The postcard [FR Doc. 05–19741 Filed 9–30–05; 8:45am] Municipal Airport, KS to contain will be date/time stamped and returned BILLING CODE 4910–13–M Instrument Flight Rule (IFR) operations to the commenter.

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Agency Findings Administration Order 7400.9N, dated Flight Technologies and Programs The regulations adopted herein will September 1, 2005, and effective Division, Flight Standards Service, not have a substantial direct effect on September 16, 2005, is amended as Federal Aviation Administration, Mike the States, on the relationship between follows: Monroney Aeronautical Center, 6500 South MacArthur Blvd. Oklahoma City, the national Government and the States, Paragraph 6005—Class E Airspace Areas or on the distribution of power and Extending Upward From 70 Feet or More OK. 73169 (Mail Address: P.O. Box responsibilities among the various Above the Surface of the Earth. 25082 Oklahoma City, OK. 73125) telephone: (405) 954–4164. levels of government. Therefore, it is * * * * * determined that this final rule does not SUPPLEMENTARY INFORMATION: This ACE KS E5 Wellington, KS have federalism implications under amendment to part 95 of the Federal Wellington Municipal Airport, KS Aviation Regulations (14 CFR part 95) Executive Order 13132. ° ′ ″ ° ′ ″ The FAA has determined that this (Lat. 37 19 25 N., long. 97 23 18 W.) amends, suspends, or revokes IFR regulation only involves an established Wellington NDB altitudes governing the operation of all (Lat. 37°19′26″ N., long. 97°23′22″ W.) body of technical regulations for which aircraft in flight over a specified route Wichita VORTAC or any portion of that route, as well as frequent and routine amendments are (Lat. 37°44′43″ N., long. 97°35′02″ W.) the changeover points (COPs) for necessary to keep them operationally That airspace extending upward from 700 current. Therefore, this regulation—(1) Federal airways, jet routes, or direct feet above the surface within a 6.4-mile routes as prescribed in part 95. is not a ‘‘significant regulatory action’’ radius of Wellington Municipal Airport and under Executive Order 12866; (2) is not within 2.6 miles each side of the 007° bearing The Rule a ‘‘significant rule’’ under DOT from Wellington NDB extending from the 6.4- The specified IFR altitudes, when Regulatory Policies and Procedures (44 mile radius of the airport to 7.4 miles north used in conjunction with the prescribed FR 11034; February 26, 1979); and (3) of the airport and within 4.4 miles each side ° changeover points for those routes, does not warrant preparation of a of the 159 radial of the Wichita VORTAC ensure navigation aid coverage that is Regulatory Evaluation as the anticipated extending from the 6.4-mile radius to 10.5 miles northwest of the airport. adequate for safe flight operations and impact is so minimal. Since this is a free of frequency interference. The routine matter that will only affect air * * * * * reasons and circumstances that create traffic procedures and air navigation, it Issued in Kansas City, MO, on September 20, 2005. the need for this amendment involve is certified that this rule, when matters of flight safety and operational promulgated, will not have a significant Elizabeth S. Wallis, efficiency in the National Airspace economic impact on a substantial Acting Area Director, Western Flight Services System, are related to published number of small entities under the Operations. aeronautical charts that are essential to criteria of the Regulatory Flexibility Act. [FR Doc. 05–19742 Filed 9–30–05; 8:45am] the user, and provide for the safe and This rulemaking is promulgated BILLING CODE 4910–13–M efficient use of the navigable airspace. under the authority described in In addition, those various reasons or Subtitle VII, Part A, Subpart I, Section circumstances require making this 40103. Under that section, the FAA is DEPARTMENT OF TRANSPORTATION amendment effective before the next charged with prescribing regulations to Federal Aviation Administration scheduled charting and publication date assign the use of the airspace necessary of the flight information to assure its to ensure the safety of aircraft and the 14 CFR Part 95 timely availability to the user. The efficient use of airspace. This regulation effective date of this amendment reflects is within the scope of that authority [Docket No. 30459; Amdt. No. 457] those considerations. In view of the since it contains aircraft executing close and immediate relationship instrument approach procedures to IFR Altitudes; Miscellaneous between these regulatory changes and Wellington Municipal Airport. Amendments safety in air commerce, I find that notice List of Subjects in 14 CFR Part 71 AGENCY: Federal Aviation and public procedure before adopting this amendment are impracticable and Airspace, Incorporation by reference, Administration (FAA), DOT. contrary to the public interest and that Navigation (air). ACTION: Final rule. good cause exists for making the Adoption of the Amendment SUMMARY: This amendment adopts amendment effective in less than 30 days. I Accordingly, the Federal Aviation miscellaneous amendments to the Administration amends 14 CFR part 71 required IFR (instrument flight rules) Conclusion altitudes and changeover points for as follows: The FAA has determined that this certain Federal airways, jet routes, or regulation only involves an established PART 71—DESIGNATION OF CLASS A, direct routes for which a minimum or body of technical regulations for which CLASS B, CLASS C, CLASS D, AND maximum en route authorized IFR frequent and routine amendments are CLASS E AIRSPACE AREAS; altitude is prescribed. This regulatory necessary to keep them operationally AIRWAYS; ROUTES; AND REPORTING action is needed because of changes current. It, therefore—(1) is not a POINTS occurring in the National Airspace ‘‘significant regulatory action’’ under System. These changes are designed to I Executive Order 12866; (2) is not a 1. The authority citation for part 71 provide for the safe and efficient use of continues to read as follows: ‘‘significant rule’’ under DOT the navigable airspace under instrument Regulatory Policies and Procedures (44 Authority: 49 U.S.C. 106(g), 40103, 40113, conditions in the affected areas. 40120; E.O. 10854, 29 FR 9565, 3 CFR, 2959– FR 11034; February 26, 1979); and (3) EFFECTIVE DATES: 0901 UTC, October 27, 2963 Comp., p. 389. does not warrant preparation of a 2005. regulatory evaluation as the anticipated § 71.1 [Amended] FOR FURTHER INFORMATION CONTACT: impact is so minimal. For the same I 2. The incorporation be reference in Donald P. Pate, Flight Procedure reason, the FAA certifies that this 14 CFR 71.1 of Federal Aviation Standards Branch (AMCAFS–420), amendment will not have a significant

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economic impact on a substantial Issued in Washington, DC, on September PART 95—[AMENDED] number of small entities under the 28, 2005. criteria of the Regulatory Flexibility Act. James J. Ballough, I 1. The authority citation for part 95 Director, Flight Standards Service. continues to read as follows: List of Subjects in 14 CFR Part 95 Adoption of the Amendment Authority: 49 U.S.C. 106(g), 40103, 40106, Airspace, Navigation (air). 40113, 40114, 40120, 44502, 44514, 44719, I Accordingly, pursuant to the authority 44721. delegated to me by the Administrator, part 95 of the Federal Aviation I 2. Part 95 is amended to read as Regulations (14 CFR part 95) is follows: amended as follows effective at 0901 UTC, October 27, 2005.

REVISIONS TO IFR ALTITUDES & CHANGEOVER POINTS [Amendment 457 effective date, October 27, 2005]

From To MEA

§ 95.1001 Direct Routes—U.S. Color Routes § 95.60 Blue Federal Airway B2 is amended to read in part

Tin City, AK NDB/DME ...... Fort Davis, AK NDB ...... *7000 *5900–MOCA *6000–GNSS MEA

§ 95.6 Blue Federal Airway B37 is amended to read in part

Elephant, AK NDB ...... Sparl, AK FIX ...... *6000 *5000–MOCA *5000–GNSS MEA

§ 95.1001 Direct Routes—U.S. Atlantic Routes—A761 is amended to delete

Hanri, OA FIX ...... Torry, FL FIX ...... 31000

Atlantic Routes—AR1 is amended to delete

Virginia Key, FL VOR/DME ...... Blufi, FL FIX ...... 5000 Blufi, FL FIX ...... Tarpo, FL FIX ...... 14000 Hobee, FL FIX ...... Wilmington, NC VORTAC ...... 25000

MAA–45000

Atlantic Routes—AR7 is amended to delete

Vally, FL FIX ...... Zappa, BS FIX ...... 2000 Zappa, BS FIX ...... Benzi, BS FIX ...... 3000 Benzi, BS FIX ...... Permt, FL FIX ...... 6000 Permt, FL FIX ...... Adoor, FL FIX ...... 25000 Adoor, FL FIX ...... *Miloe, OA FIX ...... 25000 *18000–MRA MAA–45000 *Miloe, OA FIX ...... **Panal, OA FIX ...... 2500 *18000–MRA. **18000–MRA ...... MAA–45000 *Panal, OA FIX ...... Dixon, NC NDB/DME ...... 2500 *18000–MRA MAA–45000

Atlantic Routes—AR12 is amended to delete

Satellite, FL NDB ...... Lotus, FL FIX ...... 18000

MAA–45000

Atlantic Routes—AR14 is amended to delete

*Metta, SC FIX ...... Dixon, NC NDB/DME ...... 18000 *18000–MRA MAA–45000

§ 95.6001 Victor Routes—U.S. § 95.6009 VOR Federal Airway V9 is amended to read in part

St Louis, MO VORTAC ...... Spinner, IL VORTAC ...... *2700 *2100–MOCA Spinner, IL VORTAC ...... , IL VOR/DME ...... *3000

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REVISIONS TO IFR ALTITUDES & CHANGEOVER POINTS—Continued [Amendment 457 effective date, October 27, 2005]

From To MEA

*2300–MOCA

§ 95.6050 VOR Federal Airway V50 is amended to read in part

Quincy, IL VORTAC ...... Spinner, IL VORTAC ...... *3000 *2100–MOCA Spinner, IL VORTAC ...... Decatur, IL VORTAC ...... 3000

§ 95.6067 VOR Federal Airway V67 is amended to read in part

Vandalia, IL VORTAC ...... Spinner, IL VORTAC ...... 2500 Spinner, IL VORTAC ...... Burlington, IA VORTAC ...... 2500

§ 95.6069 VOR Federal Airway V69 is amended to read in part

Troy, IL VORTAC ...... Spinner, IL VORTAC ...... 2500 Spinner, IL VORTAC ...... Pontiac, IL VOR/DME ...... *3000 *2300–MOCA

§ 95.6129 VOR Federal Airway V129 is amended to read in part

Spinner, IL VORTAC ...... Peoria, IL VORTAC ...... 2500 *2000–MOCA

§ 95.6173 VOR Federal Airway V173 is amended to read in part

Spinner, IL VORTAC ...... Peotone, IL VORTAC ...... 4500 *2300–MOCA

§ 95.6233 VOR Federal Airway V233 is amended to read in part

Spinner, IL VORTAC ...... Roberts, IL VOR/DME ...... 2600

§ 95.6263 VOR Federal Airway V263 is amended by adding

Encia, NM FIX ...... Albuquerque, NM VORTAC ...... 8000

§ 95.6492 VOR Federal Airway V492 is amended to read in part

Palm Beach, FL VORTAC ...... Stoop, FL FIX ...... *3000 *2000–MOCA Stoop, FL FIX ...... Melbourne, FL VOR/DME ...... 3000

§ 95.6536 VOR Federal Airway V536 is amended by adding

Great Falls, MT VORTAC ...... Swedd, MT FIX ...... *12000 *9700–MOCA Swedd, MT FIX ...... Menar, MT FIX ...... *9700 *9100–MOCA Menar, MT FIX ...... Bozeman, MT VOR/DME ...... 8500

§ 95.6537 VOR Federal Airway V537 is amended by adding

Palm Beach, FL VORTAC ...... Stoop, FL FIX ...... *3000 *2000–MOCA Stoop, FL FIX ...... Vero Beach, FL VORTAC ...... *2000 *1500–MOCA

§ 95.6328 Alaska VOR Federal Airway V328 is amended to read in part

Brous, AK FIX ...... Acate, AK FIX ...... *9000 *5500–MOCA *6000–GNSS MEA

§ 95.6334 Alaska VOR Federal Airway V334 is amended to read in part

Augey, AK FIX ...... Clams, AK FIX ...... *7000

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REVISIONS TO IFR ALTITUDES & CHANGEOVER POINTS—Continued [Amendment 457 effective date, October 27, 2005]

From To MEA

*2000–MOCA *2000–GNSS MEA

§ 95.6357 Alaska VOR Federal Airway V357 is amended to read in part

Mocho, AK FIX ...... Gerks, AK FIX ...... *7500 *2300–MOCA *7000–GNSS MEA Gerks, AK FIX ...... Saner, AK FIX ...... *9000 *3700–MOCA *7000–GNSS MEA

§ 95.6385 Alaska VOR Federal Airway V385 is amended to read in part

Emmonak, AK VOR/DME ...... Unalakleet, AK VOR/DME ...... *3500 *2800–MOCA *3000–GNSS MEA

§ 95.6427 Alaska VOR Federal Airway V427 is amended to read in part

Ringo, AK FIX ...... Nonda, AK FIX ...... *14000 *9000–MOCA *9000–GNSS MEA Tommy, AK FIX ...... Ringo, AK FIX ...... *7000 *5300–MOCA *6000–GNSS MEA

§ 95.6436 Alaska VOR Federal Airway V436 is amended to read in part

Pipet, AK FIX ...... Bixer, AK FIX ...... *5000 *3700–MOCA *4000–GNSS MEA Artic, AK FIX ...... Pipet, AK FIX ...... *6000 *4500–MOCA *5000–GNSS MEA

§ 95.6440 Alaska VOR Federal Airway V440 is amended to read in part

Ganes, AK FIX ...... Yucon, AK FIX ...... *8000 *5600–MOCA *7000–GNSS MEA Migan, AK FIX ...... *Winor, AK FIX ...... **10000 *8600–MCA WINOR, AK FIX, E BND **8900–MOCA **9000–GNSS MEA

§ 95.6441 Alaska VOR Federal Airway V441 is amended to read in part

Broil, AK FIX ...... Chick, AK FIX ...... *9000 *6800–MOCA *9000–GNSS MEA

§ 95.6456 Alaska VOR Federal Airway V456 is amended to read in part

Bitop, AK FIX ...... *Nosky, AK FIX ...... **9000 *12000–MCA NOSKY, AK FIX , NE BND **5400–MOCA **7000–GNSS MEA, NE BND **6000–Opposite GNSS MEA, SW BND Tanie, AK FIX ...... King Salmon, AK VORTAC ...... #*3000 *1300–MOCA *2000–GNSS MEA #14000 SW When DLG FSS Shut Down Nosky, AK FIX ...... Tucks, AK FIX ...... *13000 *12000–MOCA *12000–GNSS MEA Binal, AK FIX ...... Tanie, AK FIX ...... #*14000

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REVISIONS TO IFR ALTITUDES & CHANGEOVER POINTS—Continued [Amendment 457 effective date, October 27, 2005]

From To MEA

*3400–MOCA *8000–GNSS MEA #MEA is established with a gap in navigation signal cov- erage

§ 95.6506 Alaska VOR Federal Airway V506 is amended to read in part

*Johni, AK FIX ...... Dacia, AK FIX ...... **8000 *9500–MRA **3200–MOCA **4000–GNSS MEA Marsi, AK FIX ...... *Johni, AK FIX ...... #**8000 *9500–MRA **3200–MOCA **4000–GNSS MEA #MEA is established with a gap in navigation signal cov- erage Baily, AK FIX ...... *Bremi, AK FIX ...... **12000 *7000–MCA BREMI, AK FIX, E BND **9700–MOCA **10000–GNSS MEA Baime, AK FIX ...... Setup, AK FIX ...... *7000 *5700–MOCA *6000–GNSS MEA Shokk, AK FIX ...... Meade, AK FIX ...... *10000 *7000–MOCA *8000–GNSS MEA Kowok, AK FIX ...... Cayon, AK FIX ...... *8000 *7000–MOCA *7000–GNSS MEA Hotham, AK NDB ...... Shokk, AK FIX ...... *6000 *5000–MOCA *5000–GNSS MEA

§ 95.6507 Alaska VOR Federal Airway V507 is amended to read in part

Photo, AK FIX ...... Eskar, AK FIX ...... *13000 *6000–MOCA *6000–GNSS MEA

§ 95.6508 Alaska VOR Federal Airway V508 is amended to read in part

*Sewar, AK FIX ...... **Skila, AK FIX ...... ***9000 *9500–MRA **5800–MCA SKILA, AK FIX, E BND **7500–MOCA **8000–GNSS MEA

§ 95.6510 Alaska VOR Federal Airway V510 is amended to read in part

Migan, AK FIX ...... Klart, AK FIX ...... *10000 *8800–MOCA *9000–GNSS MEA

From To MEA MAA

§ 95.7001 Jet Routes § 95.7035 Jet Route J35 is amended to read in part

St Louis, MO VORTAC ...... Spinner, IL VORTAC ...... 18000 45000 Spinner, IL VORTAC ...... Pontiac, IL VOR/DME ...... 18000 31000

§ 95.7080 Jet Route J80 is amended to read in part

Kansas City, MO VORTAC ...... Spinner, IL VORTAC ...... 18000 45000 Spinner, IL VORTAC ...... Brickyard, IN VORTAC ...... 18000 45000

§ 95.7101 Jet Route J101 is amended to read in part

St Louis, MO VORTAC ...... Spinner, IL VORTAC ...... 18000 45000 Spinner, IL VORTAC ...... Pontiac, IL VOR/DME ...... 18000 31000

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From To MEA MAA

§ 95.7137 Jet Route J137 is amended to read in part

Spinner, IL VORTAC ...... Farmington, MO VORTAC ...... 18000 45000

[FR Doc. 05–19744 Filed 9–30–05; 8:45 am] 4. The National Archives and Records Minimums but refer to their depiction BILLING CODE 4910–13–P Administration (NARA). For on charts printed by publishers of information on the availability of this aeronautical materials. Thus, the material at NARA, call 202–741–6030, advantages of incorporation by reference DEPARTMENT OF TRANSPORTATION or go to: http://www.archives.gov/ are realized and publication of the federal_register/ complete description of each SIAP and/ Federal Aviation Administration code_of_federal_regulations/ or Weather Takeoff Minimums ibr_locations.html. contained in FAA form documents is 14 CFR Part 97 For Purchase—Individual SIAP and unnecessary. The provisions of this [Docket No. 30457; Amdt. No. 3134] Weather Takeoff Minimums copies may amendment state the affected CFR be obtained from: sections, with the types and effective Standard Instrument Approach 1. FAA Public Inquiry Center (APA– dates of the SIAPs and/or Weather Procedures, Weather Takeoff 200), FAA Headquarters Building, 800 Takeoff Minimums. This amendment Minimums; Miscellaneous Independence Avenue, SW., also identifies the airport, its location, Amendments Washington, DC 20591; or the procedure identification and the 2. The FAA Regional Office of the AGENCY: Federal Aviation amendment number. region in which the affected airport is Administration (FAA), DOT. located. The Rule ACTION: Final rule. By Subscription—Copies of all SIAPs and Weather Takeoff Minimums mailed This amendment to 14 CFR part 97 is SUMMARY: This amendment establishes, effective upon publication of each amends, suspends, or revokes Standard once every 2 weeks, are for sale by the Superintendent of Documents, U.S. separate SIAP and/or Weather Takeoff Instrument Approach Procedures Minimums as contained in the (SIAPs) and/or Weather Takeoff Government Printing Office, Washington, DC 20402. transmittal. Some SIAP and/or Weather Minimums for operations at certain Takeoff Minimums amendments may FOR FURTHER INFORMATION CONTACT: airports. These regulatory actions are have been previously issued by the FAA Donald P. Pate, Flight Procedure needed because of the adoption of new in a Flight Data Center (FDC) Notice to Standards Branch (AFS–420), Flight or revised criteria, or because of changes Airmen (NOTAM) as an emergency Technologies and Programs Division, occurring in the National Airspace action of immediate flight safety relating Flight Standards Service, Federal System, such as the commissioning of directly to published aeronautical Aviation Administration, Mike new navigational facilities, addition of charts. The circumstances which new obstacles, or changes in air traffic Monroney Aeronautical Center, 6500 South MacArthur Blvd. Oklahoma City, created the need for some SIAP, and/or requirements. These changes are Weather Takeoff Minimums designed to provide safe and efficient OK 73169 (Mail Address: P.O. Box amendments may require making them use of the navigable airspace and to 25082 Oklahoma City, OK. 73125) effective in less than 30 days. For the promote safe flight operations under telephone: (405) 954–4164. remaining SIAPs and/or Weather instrument flight rules at the affected SUPPLEMENTARY INFORMATION: This Takeoff Minimums, an effective date at airports. amendment to Title 14 of the Code of least 30 days after publication is DATES: This rule is effective October 3, Federal Regulations, Part 97 (14 CFR provided. 2005. The compliance date for each part 97), establishes, amends, suspends, Further, the SIAPs and/or Weather SIAP and/or Weather Takeoff or revokes SIAPs and/or Weather Takeoff Minimums contained in this Minimums is specified in the Takeoff Minimums. The complete amendment are based on the criteria amendatory provisions. regulatory description of each SIAP The incorporation by reference of and/or Weather Takeoff Minimums is contained in the U.S. Standard for certain publications listed in the contained in official FAA form Terminal Instrument Procedures regulations is approved by the Director documents which are incorporated by (TERPS). In developing these SIAPs of the Federal Register as of October 3, reference in this amendment under 5 and/or Weather Takeoff Minimums, the 2005. U.S.C. 552(a), 1 CFR part 51, and 14 TERPS criteria were applied to the conditions existing or anticipated at the ADDRESSES: Availability of matters CFR part 97.20. The applicable FAA incorporated by reference in the Forms are identified as FAA Forms affected airports. Because of the close amendment is as follows: 8260–3, 8260–4, 8260–5 and 8260–15A. and immediate relationship between For Examination—- Materials incorporated by reference are these SIAPs and/or Weather Takeoff 1. FAA Rules Docket, FAA available for examination or purchase as Minimums and safety in air commerce, Headquarters Building, 800 stated above. I find that notice and public procedure Independence Avenue, SW., The large number of SIAPs and/or before adopting these SIAPs and/or Washington, DC 20591; Weather Takeoff Minimums, their Weather Takeoff Minimums are 2. The FAA Regional Office of the complex nature, and the need for a impracticable and contrary to the public region in which the affected airport is special format make their verbatim interest and, where applicable, that located; publication in the Federal Register good cause exists for making some 3. The National Flight Procedures expensive and impractical. Further, SIAPs and/or Weather Takeoff Office, 6500 South MacArthur Blvd., airmen do not use the regulatory text of Minimums effective in less than 30 Oklahoma City, OK 73169 or, the SIAPs and/or Weather Takeoff days.

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Conclusion Tallulah, LA, Vicksburg Tallulah Rgnl, LOC Kerrville, TX, Kerrville Muni/Louis RWY 36, Amdt 2 Schreiner Field, VOR/DME RNAV RWY The FAA has determined that this Minneapolis, MN, Minneapolis-St. Paul Intl/ 12, Amdt 3 regulation only involves an established Wold-Chamberlain, ILS PRM RWY 30L, Kerrville, TX, Kerrville Muni/Louis body of technical regulations for which Amdt 5A, (SIMULTANEOUS CLOSE Schreiner Field, Takeoff Minimums and frequent and routine amendments are PARALLEL) Textual DP, Amdt 1 necessary to keep them operationally Minneapolis, MN, Minneapolis-St. Paul Intl/ * * * Effective 22 December 2005 current. It, therefore—(1) is not a Wold-Chamberlain, ILS PRM RWY 30R, ‘‘significant regulatory action’’ under Amdt 6A, (SIMULTANEOUS CLOSE Golovin, AK, Golovin, RNAV (GPS)–A, Orig Executive Order 12866; (2) is not a PARALLEL) Golovin, AK, Golovin, RNAV (GPS) RWY 2, Orig ‘‘significant rule’’ under DOT Minneapolis, MN, Minneapolis-St. Paul Intl/ Wold-Chamberlain, ILS OR LOC RWY 30L, Golovin, AK, Golovin, Takeoff Minimums Regulatory Policies and Procedures (44 ILS RWY 30L, (CAT II), Amdt 44A and Textual DP, Orig FR 11034; February 26, 1979); and (3) Minneapolis, MN, Minneapolis-St. Paul Intl/ Middleton, WI, Middleton Muni-Morey does not warrant preparation of a Wold-Chamberlain, ILS OR LOC RWY 30R, Field, RNAV (GPS) RWY 10, Orig regulatory evaluation as the anticipated Amdt 11A Middleton, WI, Middleton Muni-Morey impact is so minimal. For the same Tupelo, MS, Tupelo Regional, ILS OR LOC Field, RNAV (GPS) RWY 28, Orig reason, the FAA certifies that this RWY 36, Amdt 8 Middleton, WI, Middleton Muni-Morey amendment will not have a significant Santa Teresa, NM, Dona Ana County at Santa Field, VOR RWY 10, Orig economic impact on a substantial Teresa, RNAV (GPS) RWY 10, Orig Middleton, WI, Middleton Muni-Morey Field, VOR RWY 28, Orig number of small entities under the Santa Teresa, NM, Dona Ana County at Santa Teresa, Takeoff Minimums and Textual DP, Middleton, WI, Middleton Muni-Morey criteria of the Regulatory Flexibility Act. Orig Field, VOR/DME RNAV RWY 12, Orig, List of Subjects in 14 CFR Part 97: Statesville, NC, Statesville Regional, ILS OR CANCELLED LOC/DME RWY 28, Orig Middleton, WI, Middleton Muni-Morey Air Traffic Control, Airports, Statesville, NC, Statesville Regional, LOC/ Field, VOR–A, Orig, CANCELLED Incorporation by reference, and DME RWY 28, Amdt 1, CANCELLED Middleton, WI, Middleton Muni-Morey Navigation (Air). Conway, SC, Conway-Horry County, RNAV Field, VOR–B, Orig, CANCELLED Middleton, WI, Middleton Muni-Morey Issued in Washington, DC on September (GPS) RWY 4, Orig Field, RNAV (GPS) RWY 12, Orig, 23, 2005. Conway, SC, Conway-Horry County, NDB RWY 4, Orig CANCELLED James J. Ballough, Conway, SC, Conway-Horry County, NDB Middleton, WI, Middleton Muni-Morey Director, Flight Standards Service. RWY 4, Amdt 2, CANCELLED Field, RNAV (GPS) RWY 30, Orig, CANCELLED Adoption of the Amendment Conway, SC, Conway-Horry County, NDB OR GPS–A, Amdt 2, CANCELLED Middleton, WI, Middleton Muni-Morey I Accordingly, pursuant to the authority Conway, SC, Conway-Horry County, GPS Field, Takeoff Minimums and Textual DP, delegated to me, under Title 14, Code of RWY 4, Orig, CANCELLED Amdt 1 Federal Regulations, Part 97 (14 CFR Conway, SC, Conway-Horry County, Takeoff [FR Doc. 05–19746 Filed 9–30–05; 8:45 am] Minimums and Textual DP, Amdt 1 part 97) is amended by establishing, BILLING CODE 4910–13–P amending, suspending, or revoking Dallas-Fort Worth, TX, Dallas-Fort Worth International, CONVERGING ILS RWY Standard Instrument Approach 17C, Amdt 5 Procedures and Weather Takeoff Dallas-Fort Worth, TX, Dallas-Fort Worth DEPARTMENT OF HEALTH AND Minimums effective at 0901 UTC on the International, CONVERGING ILS RWY HUMAN SERVICES dates specified, as follows: 35C, Orig Dallas-Fort Worth, TX, Dallas-Fort Worth Food and Drug Administration PART 97—STANDARD INSTRUMENT International, ILS OR LOC RWY 17C, ILS APPROACH PROCEDURES RWY 17C (CAT II), ILS RWY 17C (CAT III), 21 CFR Parts 1 and 20 Amdt 8 I 1. The authority citation for part 97 Dallas-Fort Worth, TX, Dallas-Fort Worth [Docket No. 2002N–0276] (formerly Docket continues to read as follows: International, ILS OR LOC RWY 35C, ILS No. 02N–0276) RWY 35C (CAT II), ILS RWY 35C (CAT III), Authority: 49 U.S.C. 106(g), 40103, 40106, RIN 0910-AC40 40113, 40114, 40120, 44502, 44514, 44701, Orig 44719, 44721–44722. Dallas-Fort Worth, TX, Dallas-Fort Worth Registration of Food Facilities Under I 2. Part 97 is amended to read as International, ILS OR LOC RWY 35C, Orig, CANCELLED the Public Health Security and follows: Dallas-Fort Worth, TX, Dallas-Fort Worth Bioterrorism Preparedness and * * * Effective 27 October 2005 International, CONVERGING ILS RWY Response Act of 2002 Searcy, AR, Searcy Muni, ILS OR LOC RWY 35C, Orig, CANCELLED Dallas-Fort Worth, TX, Dallas-Fort Worth AGENCY: Food and Drug Administration, 1, Orig HHS. Searcy, AR, Searcy Muni, LOC RWY 1, Orig, International, GPS RWY 17C, Orig, CANCELLED CANCELLED ACTION: Final rule. Stuttgart, AR, Stuttgart Muni, ILS OR LOC Houston, TX, Sugar Land Rgnl, NDB RWY SUMMARY: The Food and Drug RWY 36, Orig 17, Orig San Francisco, CA, San Francisco Intl, RNAV Kerrville, TX, Kerrville Muni/Louis Administration (FDA) is issuing a final (RNP) Y RWY 28R, Orig Schreiner Field, RNAV (GPS) RWY 12, regulation that confirms the interim Washington, DC, Ronald Reagan Washington Orig final rule entitled ‘‘Registration of Food National, RNAV (RNP) RWY 19, Orig-A Kerrville, TX, Kerrville Muni/Louis Facilities Under the Public Health St. Petersburg-Clearwater, FL, St. Petersburg- Schreiner Field, RNAV (GPS) RWY 30, Security and Bioterrorism Preparedness Clearwater Intl, RNAV (GPS)–A, Orig Orig and Response Act of 2002’’ (68 FR Kerrville, TX, Kerrville Muni/Louis Tampa, FL, Tampa Intl, ILS OR LOC RWY 58894, October 10, 2003 (interim final 18L, Amdt 39, ILS RWY 18L (CAT II), Schreiner Field, LOC RWY 30, Amdt 4 Amdt 39 Kerrville, TX, Kerrville Muni/Louis rule) as corrected by a technical Covington, KY, Cincinnati/Northern Schreiner Field, NDB RWY 30, Amdt 4 amendment (69 FR 29428, May 24, Kentucky Intl, Takeoff Minimums and Kerrville, TX, Kerrville Muni/Louis 2004), and responds to comments Textual DP, Orig Schreiner Field, VOR–A, Amdt 3 submitted in response to the request for

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comments in the interim final rule. This rule implemented section 305 of the Bioterrorism Act, FDA is relying on final rule affirms the interim final rule’s Bioterrorism Act, and required domestic section 701(a) and (b) of the act (21 requirement that domestic and foreign and foreign facilities to be registered U.S.C. 371(a) and (b)) in issuing this facilities that manufacture/process, with FDA by December 12, 2003. The final rule. Section 701(a) authorizes the pack, or hold food for human or animal interim final rule responded to agency to issue regulations for the consumption in the United States be comments from the public on the efficient enforcement of the act, while registered with FDA by December 12, proposed rule, and established a 75-day section 701(b) of the act authorizes FDA 2003. The interim final rule comment period on a limited set of and Treasury jointly to prescribe implemented the Public Health Security issues identified in the interim final rule regulations for the efficient enforcement and Bioterrorism Preparedness and and also set out below. In order to of section 801 of the act. Response Act of 2002 (the Bioterrorism ensure that those commenting on the To the extent that 5 U.S.C. 553 applies Act), which requires domestic and interim final rule had the benefit of to this action, the agency’s foreign facilities to be registered with FDA’s outreach and educational efforts implementation of this action with an FDA by December 12, 2003. This final and had experience with the systems, immediate effective date comes within rule does not make any changes to the timeframes, and data elements of the the good cause exception in 5 U.S.C. regulatory requirements established by registration system, FDA reopened the 553(d)(3) (21 CFR 10.40(c)(4)(ii)). As the interim final rule. comment period on the same limited set this final rule imposes no new regulatory requirements, a delayed DATES: The interim final rule published of issues for 30 days on April 14, 2004 effective date is unnecessary. at 68 FR 58894 was effective on (69 FR 19766). FDA requested comment December 12, 2003. The technical only on the following issues: II. Comments on the Interim Final Rule amendment to the interim final rule 1. The cost to foreign facilities of hiring and retaining a U.S. agent. FDA received approximately 200 published at 69 FR 29428 was effective timely submissions in response to the May 24, 2004. This final rule, which Specifically, FDA invited comment, and the submission of data or other interim final rule. Approximately three- adopts as final the interim rule as quarters of the comments FDA received amended, is effective October 3, 2005. information, on the following: • The costs to a foreign facility of addressed issues outside the scope of FOR FURTHER INFORMATION CONTACT: hiring a U.S. agent; the interim final rule’s request for Catherine L. Copp, Center for Food • The number of foreign facilities that comments. FDA did not consider Safety and Applied Nutrition (HFS– have hired a U.S. agent or negotiated nonresponsive comments in developing 004), Food and Drug Administration, additional duties from someone with this final rule, and this final rule does 5100 Paint Branch Pkwy., College Park, whom they have an existing not address comments that are beyond MD 20740, 301–436–1589. relationship in response to the interim the scope of the issues on which FDA SUPPLEMENTARY INFORMATION: final rule, instead of relying on an requested comment. Relevant comments did not cause FDA to significantly I. Background and Legal Authority existing relationship with a person who qualifies as a U.S. agent; revise its economic analysis of the Section 305 of the Bioterrorism Act, • The number of foreign facilities that requirement that each foreign facility which was enacted on June 12, 2002, have ceased exporting to the United designate a U.S. agent. Because FDA’s amended the Federal Food, Drug, and States because they have decided not to responses to the comments below do not Cosmetic Act (the act) to require the hire/retain a U.S. agent for registration result in any changes to the regulatory Secretary to establish regulations purposes. requirements published in the interim requiring domestic and foreign facilities • The distribution of costs between final rule, the governing regulation that manufacture, process, pack, or hold submitting registrations and other continues to be set out in §§ 1.225 food for human or animal consumption services offered by the U.S. agent. through 1.243 and 20.100. in the United States to be registered • The assumptions underlying FDA’s All of the issues on which FDA with the Secretary (section 415 of the estimates of the costs of hiring and requested comment were related to the act (21 U.S.C. 350d)). Facilities were retaining a U.S. agent. assumptions in the economic analysis required to be registered by December 2. The effects on domestic small section of the interim final rule. 12, 2003. Failure to register a facility in businesses, if any, if some foreign Accordingly, FDA is responding to all accordance with section 415 of the act facilities cease exporting to the United comments in section III of this is a prohibited act (section 301(dd) of States due to the U.S. agent requirement document. the act (21 U.S.C. 331(dd))). Section 305 for registration. Specifically, FDA III. Analysis of Economic Impacts of the Bioterrorism Act amended the act invited comment, and the submission of Benefit-Cost Analysis to prohibit the importation of food from data or other information, on the We have examined the economic a foreign facility that is required to following: implications of this final rule as register, but has not done so (section • The number of domestic small required by Executive Order 12866. 801(l) of the act (21 U.S.C. 381(l))). businesses that have been adversely Executive Order 12866 directs agencies The Department of Health and Human affected by trading partners that have to assess all costs and benefits of Services (DHHS) and the Department of ceased exporting to the United States available regulatory alternatives and, Treasury (Treasury) jointly published due to the U.S. agent requirement for when regulation is necessary, to select the proposed registration regulation in foreign facility registration; and regulatory approaches that maximize the Federal Register on February 3, • The costs incurred by these net benefits (including potential 2003 (68 FR 5378), for comment domestic small businesses due to the economic, environmental, public health (proposed rule). On October 10, 2003, loss of these trading partners. and safety, and other advantages; DHHS and the Department of Homeland In addition to the provisions of the act distributive impacts; and equity). Security (DHS) jointly issued the amended by section 305 of the interim final rule1. The interim final Executive Order 12866 classifies a rule enforcement of section 801 of the act were as significant if it meets any one of a 1The authorities of Treasury under section 701(b) transferred to DHS when it was created by an act number of specified conditions, of the act to prescribe regulations for the efficient of Congress in 2002. including having an annual effect on the

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economy of $100 million, adversely of the foreign facility authorizes the U.S. this $700 fee, FDA estimated that the affecting a sector of the economy in a agent (if an individual) to register on total first year cost for foreign facilities material way, adversely affecting behalf of the owner, operator, or agent would be $247.6 million and annual competition, or adversely affecting jobs. in charge of the facility (§ 1.225(c)). costs would be $164.5 million (68 FR Executive Order 12866 also considers a In the economic analyses of the 58894 at 58945). rule as a significant regulatory action if proposed and interim final rules, FDA To improve the analysis involving the it raises novel legal or policy issues. In estimated that more than 90 percent of costs of hiring and retaining a U.S. the interim final rule, FDA determined foreign facilities did not currently have agent, FDA requested comments on a that the rule was a significant regulatory a U.S. agent and that foreign facilities number of specific components of the action as defined by Executive Order currently without a U.S. agent would cost calculations, as summarized below. 12866. We have determined that this require 5 to 15 hours to find an agent A. The Costs to a Foreign Facility of final rule is not a significant regulatory and would pay an annual fee of $1,000 Hiring and Retaining a U.S. Agent action as defined by Executive Order (68 FR 5378 at 5396 and 68 FR 58894 12866, because it is not imposing any at 58943). The $1,000 fee estimated in (Comment 1) FDA received a number new requirement on any entity beyond the proposed rule was an estimate of an of comments about the costs of hiring the requirements of the interim final average fee for a U.S. agent under FDA and retaining a U.S. agent. FDA received rule. regulations for drugs, biologics, and estimates of U.S. agent fees ranging from The scope of the analysis of economic devices (21 CFR parts 207, 607, and 807, $95 to $1400. Many comments impacts for this final rule is limited to respectively), based on fees quoted over mentioned a very wide range of fees, the costs associated with the U.S. agent the phone and in Internet with differences as large as $800 requirement. For a full discussion of all advertisements. During the period from between the lowest and highest fees costs and benefits associated with the the publication of the proposed rule to cited in a single comment. None of the registration requirement, see the publication of the interim final rule, a comments stated whether there were proposed and interim final rules. number of companies began advertising differences in services between the low their services as a U.S. agent for foreign and high fee agents, other than lower Summary of U.S. Agent Costs food facilities on the Internet. These fees for ‘‘farm’’ registrations. (The Section 415(a)(1)(B) of the act, as companies specified a range of costs, comments did not elaborate on the established by the Bioterrorism Act, some with discounts for multiple meaning of ‘‘farm’’ registrations.) The requires that the owner, operator, or facilities under the same ownership, majority of the comments that estimated agent in charge of a foreign facility fees that are a function of the number U.S. agent fees mentioned $700 or $750 submit in the facility’s registration the of shipments each year, or additional or included $700 in the range of fees. name of the U.S. agent for the facility. fees for registration updates. Based on Some comments also noted that U.S. Section 1.232(d) requires that all foreign the requirements in the proposed rule, agents charged an hourly fee for any facility registrations include information the lowest fee quoted was $399 for additional, but unspecified, services about the facility’s U.S. agent and representation by a U.S. agent for 1 year; provided to the foreign facility. Some implements the statutory requirement. other U.S. agents charged initial fees comments did not provide a dollar Section 1.227(b)(13) requires that the between $599 and $1,400. Many of the estimate of the U.S. agent fee, but U.S. agent be a person residing or U.S. agents charged fees for additional asserted that FDA had underestimated maintaining a place of business in the registration-related services, such as the cost of a U.S. agent, while others United States, who is designated by the registration updates or cancellations. claimed that FDA had overestimated the owner, operator, or agent in charge of a Based on these estimates of fees, FDA cost of hiring and retaining a U.S. agent. foreign facility as the facility’s agent. concluded that $1,000 represented a (Response) In the interim final rule, FDA recognizes only one U.S. agent per reasonable estimate of a U.S. agent fee, FDA estimated total costs using average foreign facility for purposes of including registering the foreign facility U.S. agent fees of $700 and $1,000. registration. (See 68 FR 58894 at 58915.) (68 FR 58894 at 58945). The total first Given the wide range of fees reported in The U.S. agent acts as a year cost for foreign facilities was the comments, we now conclude that communications link between FDA and estimated to be $306 million, and the average fee for a U.S. agent is the facility, and FDA considers annual costs were estimated to be $229 probably closer to $700, giving a total providing information to the U.S. agent million with a U.S. agent fee of $1,000. first year cost for foreign facilities of the same as providing information However, because there was a wide $247.6 million and annual costs of directly to the foreign facility range of fees charged by U.S. agents, $164.5 million. Table 1 presents the (§ 1.227(b)(13)(ii)). A U.S. agent may FDA also presented in the interim final revised present value and annualized submit a facility’s registration to FDA if rule an estimate of the cost of the rule total costs of the interim final rule for the owner, operator, or agent in charge with a U.S. agent fee of $700. Assuming a U.S. agent fee of $700.

TABLE 1.—PRESENT VALUE AND ANNUALIZED COSTS OVER 20 YEARS FOR A U.S. AGENT FEE OF $700 (IN MILLIONS)

Discount Rate Present Value Annualized

7% $2,144.1 $107.2

3% $2,861.5 $143.1

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B. The Number of Foreign Facilities D. The Distribution of Costs Between F. The Effects on Domestic Small That Have Hired a U.S. Agent or Submitting Registrations and Other Businesses, if Any, if Some Foreign Negotiated Additional Duties From Services Offered by the U.S. Agent Facilities Cease Exporting to the United Someone With Whom They Have an States Due to the U.S. Agent Existing Relationship in Response to the (Comment 4) FDA received some Requirement for Registration comments separating the fee paid to a Interim Final Rule, Instead of Relying on Specifically, FDA invited comment, U.S. agent for registration services from an Existing Relationship With a Person and the submission of data or other fees paid for ongoing services. One Who Qualifies as a U.S. Agent information, on the following: The (Comment 2) FDA did not receive any comment assumed that the U.S. agent number of domestic small businesses comments estimating the number of fees would be in addition to any that have been adversely affected by facilities that have hired a U.S. agent or existing fee for services the agent may trading partners that have ceased have negotiated additional duties from be providing for the facility. Another exporting to the United States due to the someone with whom they have an comment stated that the fee to register U.S. agent requirement for foreign existing relationship. However, we did a facility was $350 with an additional facility registration. receive individual comments from charge of $199 per year for acting as a FDA received no comments on the facilities and industry representatives facility’s U.S. agent, for a total fee of number of U.S. small businesses reporting that some facilities have hired $549. Most comments that provided a adversely affected by the loss of their a new U.S. agent. FDA also received U.S. agent fee did not specify what trading partners, and thus, has not comments reporting that some facilities services were provided for the fee. altered this portion of its analysis. (See have used U.S. business partners, U.S. (Response) FDA was unable to 68 FR 58894 at 58954 to 58955.) customers, or U.S. brokers as U.S. estimate based on the information in the G. The Effects on Domestic Small agents. comments the distribution of costs (Response) From the comments we Businesses, if Any, if Some Foreign between submitting registrations and received it is clear that foreign facilities Facilities Cease Exporting to the United other services offered by the U.S. agent. are complying with the U.S. agent States Due to the U.S. Agent Therefore, FDA has not altered this requirement both by hiring new U.S. Requirement for Registration agents and by negotiating new duties portion of its analysis. (See 68 FR 58894 Specifically, FDA invited comment, with someone with whom they have an at 58945.) and the submission of data or other existing relationship. However, it was E. The Assumptions Underlying FDA’s information, on the following: The costs not possible to extrapolate from the Estimates of the Costs of Hiring and incurred by these domestic small comments how many facilities were Retaining a U.S. Agent businesses due to the loss of these hiring new U.S. agents or utilizing trading partners. existing relationships. Therefore, FDA (Comment 5) FDA received comments (Comment 7) Some comments agreed has not altered its analysis on this point. questioning whether FDA had included that there was a potential for some (See 68 FR 58894 at 58945.) all costs associated with hiring a U.S. foreign facilities to stop exporting to the United States as a result of the U.S. C. The Number of Foreign Facilities agent. One comment stated that a firm agent requirement. One comment listed That Have Ceased Exporting to the had spent $1,800 per facility to register the following several possible United States Because They Have its foreign affiliates. consequences for U.S. small businesses Decided Not to Hire or Retain a U.S. (Response) The comment that if foreign facilities stopped exporting: Agent for Registration Purposes provided specific costs of registration (1) Need to find new suppliers; (2) (Comment 3) FDA did not receive any included many activities that FDA inability to supply existing customer estimates of the number of foreign considered in other parts of its analysis, base; (3) increase in cost of goods; and facilities that have ceased exporting to such as reading and understanding the (4) increase in cost of goods that may be the United States due to the U.S. agent rule and understanding the implications passed on to U.S. consumers. However, requirement. FDA did receive comments of the requirements for their business. If no comments provided any estimate of from governmental agencies and only activities related to the U.S. agent the costs of these effects. industry groups reporting that some were considered, the comment’s cost (Response) In the economic analysis exporters of small value shipments may estimates were consistent with FDA’s of the interim final rule, FDA stop exporting or have stopped cost estimates for a U.S. agent. (See 68 considered the impacts on small exporting to the United States as a result FR 58894 at 58945.) businesses. Because no comment of the cost of hiring a U.S. agent. Other (Comment 6) Other comments that provided an estimate of the costs to comments stated that they were mentioned costs stated that FDA had domestic small businesses if some unaware of any facilities that had failed to include costs associated with foreign facilities cease exporting to the stopped exporting to the United States entering into a legal agreement with the United States due to the U.S. agent in response to the cost of hiring a U.S. requirement, FDA has not altered its U.S. agent. agent. estimate of the number of facilities that (Response) Although some comments (Response) FDA did include an will stop exporting to the United States confirmed the assumption of the interim estimate of costs to find and hire a U.S. or its expectations of possible final rule economic analysis that some agent in the interim final rule, which consequences for U.S. facilities. (See 68 facilities would stop exporting to the would include the costs of establishing FR 58894 at 58954 to 58955.) United States due to costs associated an agreement between the U.S. agent IV. Regulatory Flexibility Analysis with hiring a U.S. agent, the comments and the facility. Accordingly, FDA has did not provide any information to not altered its assumptions about costs The Regulatory Flexibility Act (5 estimate how many facilities would stop associated with entering into an U.S.C. 601–612) requires agencies to exporting. Therefore, FDA has not agreement with the U.S. agent. (See 68 analyze regulatory options that would altered this portion of its analysis. (See FR 58894 at 58945.) lessen the economic effect of the rule on 68 FR 58894 at 58943.) small entities. Because this final rule

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does not make any changes to existing searching existing data sources, Dated: August 28, 2005. requirements, and thus, does not impose gathering and maintaining the data Michael Chertoff, any new costs on facilities, the agency needed, and completing and reviewing Secretary of Homeland Security. certifies that this final rule will not have each collection of information. The final Dated: September 20, 2005. a significant impact on a substantial rule requires no new information Michael O. Leavitt, number of small entities. Full analysis collection. Individuals and of the effect of the registration organizations may submit comments on Secretary of Health and Human Services. requirement on small entities is the burden estimates or on any other [FR Doc. 05–19730 Filed 9–28–05; 1:53 pm] provided in the analysis of economic aspect of these information collection BILLING CODE 4160–01–S impacts set out in the preceding provisions, including suggestions for analysis of economic impacts and in the reducing the burden, and should direct preamble to the interim final rule at 68 DEPARTMENT OF THE TREASURY FR 58894 at 58954. them to the contact person identified in the FOR FURTHER INFORMATION CONTACT Internal Revenue Service V. Unfunded Mandates section of this document. The Section 202 of the Unfunded information collection provisions in this 26 CFR Part 1 Mandates Reform Act of 1995 (Public final rule have been approved under Law 104–4) requires that agencies OMB control number 0910–0502. This [TD 9226] prepare a written statement, which approval expires October 31, 2006. An RIN 1545–BD27 includes an assessment of anticipated agency may not conduct or sponsor, and costs and benefits, before proposing a person is not required to respond to, Stock Held by Foreign Insurance ‘‘any rule that includes any Federal a collection of information unless it Companies mandate that may result in the displays a currently valid OMB control AGENCY: Internal Revenue Service (IRS), expenditure by State, local, and tribal number. Treasury. governments, in the aggregate, or by the private sector, of $100,000,000 (adjusted VIII. Analysis of Environmental Impact ACTION: Final regulations. annually for inflation) in any one year.’’ The agency has determined under 21 SUMMARY: This document contains final The current threshold after adjustment regulations relating to the determination for inflation is $115 million, using the CFR 25.30(h) that this action is of a type that does not individually or of income of foreign insurance most current (2003) Implicit Price companies that is effectively connected Deflator for the Gross Domestic Product. cumulatively have a significant effect on the human environment. Therefore, with the conduct of a trade or business FDA does not expect this final rule to within the United States. The result in any one-year expenditure that neither an environmental assessment nor an environmental impact statement regulations provide that the exception to would meet or exceed this amount. the asset-use test for stock shall not is required. VI. Federalism Analysis apply in determining whether the FDA has analyzed this final rule in List of Subjects income, gain, or loss from portfolio stock held by foreign insurance accordance with the principles set forth 21 CFR Part 1 in Executive Order 13132. FDA has companies constitutes effectively determined that the final rule does not Cosmetics, Drugs, Exports, Food connected income. contain policies that have substantial labeling, Imports, Labeling, Reporting DATES: Effective Date: These regulations direct effects on the States, on the and recordkeeping requirements. are effective on October 3, 2005. relationship between the National FOR FURTHER INFORMATION CONTACT: Government and the States, or on the 21 CFR Part 20 Sheila Ramaswamy, (202) 622–3870 (not distribution of power and Confidential business information, a toll-free number). responsibilities among the various Courts, Freedom of information, SUPPLEMENTARY INFORMATION: levels of government. Accordingly, the Government employees. agency concludes that the final rule Background does not contain policies that have PART 1—GENERAL ENFORCEMENT On June 25, 2004, a notice of federalism implications as defined in REGULATIONS proposed rulemaking (REG–117307–04) the Executive order and, consequently, was published in the Federal Register a federalism summary impact statement (69 FR 35543). No requests for a public is not required. hearing were received, and no public hearing was held. The IRS received one VII. The Paperwork Reduction Act of PART 20—PUBLIC INFORMATION written comment in response to the 1995 notice of proposed rulemaking. After I This final rule contains information Therefore, under the Federal Food, consideration of the comment, the collection provisions that are subject to Drug, and Cosmetic Act and under proposed regulation is adopted without review by the Office of Management and authority delegated to the Commissioner change. Budget (OMB) under the Paperwork of Food and Drugs, the interim rule Reduction Act of 1995 (44 U.S.C. 3501– amending 21 CFR parts 1 and 20, which Explanation of Provisions and 3520). The title, description, and was published at 68 FR 58894 (October Summary of Comments respondent description of the 10, 2003) and amended at 69 FR 29428 This Treasury decision adopts the information collection provisions and (May 24, 2004), is adopted as a final rule language of the proposed regulation an estimate of the annual reporting without change. without change. burden were provided in the interim The IRS received one comment in final rule issued October 10, 2003 (68 response to the proposed regulation. FR 58894). Included in the estimate was The commentator requested further the time for reviewing instructions, clarification regarding what constitutes

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an insurance company for federal Business Administration for comment EQUAL EMPLOYMENT OPPORTUNITY income tax purposes. The IRS believes on its impact on small business. COMMISSION the issue of what constitutes an insurance company is outside the scope Drafting Information 29 CFR Part 1610 of this regulation, which solely relates The principal author of this regulation to the application of the asset-use test to is Sheila Ramaswamy, Office of RIN 3046–AA75 stock held by foreign insurance Associate Chief Counsel (International). companies. Freedom of Information Act Fee However, other personnel from the IRS Schedule The commentator also expressed and Treasury Department participated concern about the interaction of the in their development. AGENCY: proposed regulation with § 1.864–5(a), Equal Employment Opportunity Commission. which provides, generally, that foreign List of Subjects in 26 CFR Part 1 source income, such as a foreign-source ACTION: Final rule. dividend or gain, cannot constitute U.S. Income taxes, Reporting and effectively connected income in recordkeeping requirements. SUMMARY: The Equal Employment circumstances in which a U.S.-source Opportunity Commission (EEOC or the Proposed Amendment to the Commission) is adopting revisions to its dividend or gain would not constitute Regulations U.S. effectively connected income. Freedom of Information Act (FOIA) fee schedule. The updated schedule of fees Accordingly, the commentator is I Accordingly, 26 CFR part 1 is reflects increases in the direct costs concerned that the rule in the amended as follows: regulations will also expand the incurred by the Commission in responding to requests for records. category of foreign-source dividends or PART 1—INCOME TAXES gains that may constitute effectively DATES: October 3, 2005. connected income. That is true and the I Paragraph 1. The authority citation FOR FURTHER INFORMATION CONTACT: Treasury Department and the IRS for part 1 continues to read, in part, as Thomas J. Schlageter, Assistant Legal believe this is the appropriate result. follows: Counsel, or Michelle Zinman, Senior The IRS invited comments whether Authority: 26 U.S.C. 7805 * * * General Attorney at (202) 663–4640 the 10 percent threshold provided in the (voice) or (202) 663–7026 (TTY). This proposed regulation was an appropriate I Par. 2. In § 1.864–4, paragraph notice of final rule is also available in standard for determining whether stock (c)(2)(iii)(b) is revised to read as follows: the following formats: large print, is a portfolio investment. The Braille, audiotape and electronic file on commentator stated that it was possible § 1.864–4 U.S. source income effectively computer disk. Requests for this notice for insurance companies to make a connected with U.S. business. of final rule in an alternative format strategic investment in a corporation at * * * * * should be made to EEOC’s Publication a level below 10 percent of the vote or Center at 1–800–669–3362. value of the corporation, such as by (c) * * * SUPPLEMENTARY INFORMATION: On July 1, purchasing a special class of shares that (2) * * * 2005, at 70 FR 38060–01, the EEOC conveyed the power to elect directors. (iii) * * * published a notice of proposed The commentator recommended rulemaking proposing to amend the creating a rebuttable presumption of (b) Stock held by foreign insurance sections of 29 CFR part 1610 that portfolio status. companies. This paragraph (c)(2)(iii) concern the fees assessed to persons We do not believe that treating the 10 shall not apply to stock of a corporation who seek agency records under the percent threshold as a rebuttable (whether domestic or foreign) held by a FOIA. The changes comply with the presumption is appropriate. The 10 foreign insurance company unless the Office of Management and Budget’s percent threshold provides a reasonable foreign insurance company owns 10 Uniform Freedom of Information Act method for identifying portfolio stock percent or more of the total voting Fee Schedule and Guidelines, 52 FR held by a branch of a foreign life power or value of all classes of stock of 10012 (1987). Comments from the insurance company. such corporation. For purposes of this public were due on or before August 31, section, section 318(a) shall be applied Special Analyses 2005. No comments were received. in determining ownership, except that Therefore, EEOC is adopting the It has been determined that this in applying section 318(a)(2)(C), the proposed revisions, without change, as Treasury decision is not a significant phrase ‘‘10 percent’’ is used instead of its final rule. regulatory action as defined in the phrase ‘‘50 percent.’’ Executive Order 12866. Therefore, a Regulatory Procedures * * * * * regulatory assessment is not required. It Executive Order 12866 has also been determined that section Mark E. Matthews, 553(b) of the Administrative Procedure Deputy Commissioner for Services and Pursuant to Executive Order 12866, Act (5 U.S.C. chapter 5) does not apply Enforcement. EEOC has determined that the to these regulations, and because these Approved: August 9, 2005. regulation will not have an annual effect regulations do not impose a collection on the economy of $100 million or more Eric Solomon, of information on small entities, the or adversely affect in a material way the provisions of the Regulatory Flexibility Acting Deputy Assistant Secretary for Tax economy, a sector of the economy, Act (5 U.S.C. chapter 6) do not apply. Policy. productivity, competition, jobs, the Pursuant to section 7805(f) of the [FR Doc. 05–19622 Filed 9–30–05; 8:45 am] environment, public health or safety, or Internal Revenue Code, the notice of BILLING CODE 4830–01–U State or local tribal governments or proposed rulemaking preceding this communities. Therefore, a detailed cost- regulation was submitted to the Chief benefit assessment of the regulation is Counsel for Advocacy of the Small not required.

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Paperwork Reduction Act heating or lighting of the facility in on the rates listed in paragraph (c)(1) of which the records are stored. this section. This rule contains no new (f) Search refers to the time spent (3) For copies made by photocopy— information collection requirements looking for and retrieving material that $0.15 per page (maximum of 10 copies). subject to review by the Office of is responsive to a request. It includes For copies prepared by computer, such Management and Budget under the page-by-page or line-by-line as tapes or printouts, EEOC will charge Paperwork Reduction Act (44 U.S.C. identification of information within the direct cost incurred by the agency, Chapter 35). documents and also includes reasonable including operator time. For other forms Regulatory Flexibility Act efforts to locate and retrieve information of duplication, EEOC will charge the from records maintained in electronic actual costs of that duplication. The Commission, in accordance with formats. EEOC employees should ensure (4) For attestation of documents— the Regulatory Flexibility Act (5 U.S.C. that searching for materials is done in $25.00 per authenticating affidavit or 606(b)), has reviewed this regulation the most efficient and least expensive declaration. Additionally, there may be and by approving it certifies that this manner reasonably possible. For search and review charges assessed in regulation will not have a significant example, employees shall not search accordance with the rates listed in economic impact on a substantial line-by-line when merely duplicating a paragraph (c)(1) of this section. number of small entities. document would be quicker and less (5) For certification of document— Unfunded Mandates Reform Act of 1995 expensive. $50.00 per authenticating affidavit or (g) Duplication refers to the process of declaration. Additionally, there may be This rule will not result in the making a copy of a record or document search and review charges assessed in expenditure by State, local, or tribal necessary to respond to a FOIA request. accordance with the rates listed in governments, in the aggregate, or by the Such copies can take the form of paper paragraph (c)(1) of this section. private sector, of $100 million or more copy, microform, audio-visual materials, (6) For each signed statement of in any one year, and it will not electronic formats (for example negative result of search for record— significantly or uniquely affect small magnetic tape or disk), among others. $10.00. Additionally, there may be governments. Therefore, no actions were Employees shall honor a requester’s search charges assessed in accordance deemed necessary under the provisions specified preference of format of with the rates listed in paragraph (c)(1) of the Unfunded Mandates Reform Act disclosure if the record is readily of this section. of 1995. reproducible with reasonable efforts in (7) For retrieval of records from a List of Subjects in 29 CFR Part 1610 the requested format by the office Federal Records Center—the amount responding to the request. charged to EEOC for retrieval of such Freedom of Information. (h) Attestation refers to the records. For the Commission. authentication of copies of Commission (8) All other direct costs of search, Cari M. Dominguez, documents by an affidavit or unsworn review, duplication or delivery (other Chair. declaration from the records custodian than normal mail), shall be charged to without the Commission Seal. the requester as appropriate in the same I Accordingly, for the reasons set forth (i) Certification refers to the amount as incurred by the agency. in the preamble, EEOC amends 29 CFR authentication of copies of Commission * * * * * part 1610 as follows: documents by an affidavit or unsworn [FR Doc. 05–19649 Filed 9–30–05; 8:45 am] PART 1610—AVAILABILITY OF declaration from the records custodian BILLING CODE 6570–01–U RECORDS under the Commission Seal. I 3. Section 1610.15(c) is revised to read I 1. The authority citation for part 1610 as follows: ENVIRONMENTAL PROTECTION continues to read as follows: AGENCY § 1610.15 Schedule of fees and method of Authority: 42 U.S.C. 2000e–12(a), 5 U.S.C. payment for services rendered. 552 as amended by Pub. L. 93–502, Pub. L. 40 CFR Part 52 99–570, and Pub. L. 105–231; for § 1610.15, * * * * * (c) Except as otherwise provided, the [Region 2 Docket No. R02–OAR–2005–NY– non-search or copy portions are issued under 0003, FRL–7971–5] 31 U.S.C. 9701. following specific fees for direct costs shall be applicable with respect to Approval and Promulgation of I 2. Section 1610.1 is amended by services rendered to members of the Implementation Plans; New York State adding paragraphs (e) through (i) as public under this subpart: Implementation Plan Revision follows: (1) For manual search and review AGENCY: Environmental Protection § 1610.1 Definitions. time: (i) By clerical personnel—at the rate Agency (EPA). * * * * * of $5.00 per quarter hour. ACTION: Final rule. (e) Direct costs refers to those (ii) By paralegals—at the rate of $9.00 expenses that EEOC actually incurs in per quarter hour. SUMMARY: The Environmental Protection searching for and duplicating (and, in (iii) By professional personnel—at the Agency is approving a revision to the the case of commercial requesters, rate of $10.00 per quarter hour. New York State Implementation Plan reviewing) records to respond to a (iv) By managers—at the rate of (SIP) concerning New York’s permitting request. Direct costs include, for $17.50 per quarter hour. program. The SIP revision consists of example, the salary of the employee (v) By SES employees—at the rate of amendments to Title 6 of the New York performing the work (the basic rate of $20.00 per quarter hour. Code, Rules and Regulations, Part 201, pay for the employee plus 16 percent of (2) For computer searches of records, ‘‘Permits and Certificates.’’ The that rate to cover benefits) and the cost requesters will be charged at the actual intended effect of this approval is to of operating duplicating machinery. Not direct cost of providing the service. This incorporate administrative changes to included in direct costs are overhead includes the operator/programmer New York’s permitting program into the expenses such as costs of space and salary apportionable to the search based SIP.

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DATES: This rule will be effective II. What Comments Did EPA Receive in action also does not have federalism November 2, 2005. Response to Its Proposal? implications because it does not have ADDRESSES: A copy of the New York In response to EPA’s July 21, 2005 substantial direct effects on the states, submittal is available at the following proposed rulemaking action, EPA on the relationship between the national addresses for inspection during normal received no adverse comments. government and the states, or on the business hours: distribution of power and Environmental Protection Agency, III. What Is EPA’s Conclusion? responsibilities among the various Region 2 Office, Air Programs Branch, EPA has evaluated New York’s levels of government, as specified in 290 Broadway, 25th Floor, New York, submittal for consistency with the Act, Executive Order 13132 (64 FR 43255, New York 10007–1866. EPA regulations, and EPA policy. EPA August 10, 1999). This action merely New York State Department of has determined that the revisions made approves a state rule implementing a Environmental Conservation, Division to Part 201–7, ‘‘Federally Enforceable federal standard, and does not alter the of Air Resources, 625 Broadway, Emission Caps,’’ specifically the relationship or the distribution of power Albany, New York 12233. inclusion of Subparts 201–7.1, and responsibilities established in the FOR FURTHER INFORMATION CONTACT: Kirk ‘‘General’’ and 201–7.2, ‘‘Emission Act. This rule also is not subject to Executive Order 13045 ‘‘Protection of J. Wieber, Air Programs Branch, Capping Using Synthetic Minor Children from Environmental Health Environmental Protection Agency, 290 Permits’’ meet the SIP revision Risks and Safety Risks’’ (62 FR 19885, Broadway, 25th Floor, New York, New requirements of the Act. In addition, April 23, 1997), because it is not York 10007–1866, (212) 637–3381 or EPA has determined that existing [email protected]. economically significant. Subpart 201.5(e) should no longer be In reviewing SIP submissions, EPA’s SUPPLEMENTARY INFORMATION: included in the federally approved SIP. role is to approve state choices, Therefore, EPA is approving revised provided that they meet the criteria of I. What Was Included in New York’s Subparts 201–7.1 and 201–7.2 into the Submittal? the Act. In this context, in the absence federally approved New York SIP and of a prior existing requirement for the On June 16, 1996, David Sterman, removing existing Subpart 201.5(e) from State to use voluntary consensus then Deputy Commissioner, New York the federally approved New York SIP. standards (VCS), EPA has no authority State Department of Environmental to disapprove a SIP submission for Conservation (NYSDEC), submitted to IV. Statutory and Executive Order Reviews failure to use VCS. It would thus be EPA a revision to the State inconsistent with applicable law for Implementation Plan (SIP) which Under Executive Order 12866 (58 FR EPA, when it reviews a SIP submission, included revisions to Title 6 of the New 51735, October 4, 1993), this action is to use VCS in place of a SIP submission York Codes, Rules and Regulations not a ‘‘significant regulatory action’’ and that otherwise satisfies the provisions of (NYCRR), Part 201, ‘‘Permits and therefore is not subject to review by the the Act. Thus, the requirements of Certificates.’’ The revisions to Part 201 Office of Management and Budget. For section 12(d) of the National were submitted by New York in support this reason, this action is also not Technology Transfer and Advancement of its Title V Operating Permit Program subject to Executive Order 13211, Act of 1995 (15 U.S.C. 272 note) do not under the Clean Air Act (Act), and ‘‘Actions Concerning Regulations That apply. This rule does not impose an became State effective on July 7, 1996. Significantly Affect Energy Supply, information collection burden under the New York requested at that time that Distribution, or Use’’ (66 FR 28355, May provisions of the Paperwork Reduction Subparts 201–1, 201–2, 201–3, 201–4, 22, 2001). This action merely approves Act of 1995 (44 U.S.C. 3501 et seq.). 201–5, 201–7, 201–8 and Appendix B be state law as meeting federal The Congressional Review Act, 5 incorporated into the federally approved requirements and imposes no additional U.S.C. 801 et seq., as added by the Small SIP, replacing the existing federally requirements beyond those imposed by Business Regulatory Enforcement approved version of Part 201. EPA has state law. Accordingly, the Fairness Act of 1996, generally provides deferred taking action on those revisions Administrator certifies that this rule that before a rule may take effect, the to Part 201 due to unresolved concerns will not have a significant economic agency promulgating the rule must raised by the EPA and NYSDEC impact on a substantial number of small submit a rule report, which includes a regarding specific Subparts. However, entities under the Regulatory Flexibility copy of the rule, to each House of the on May 27, 2005, Carl Johnson, Deputy Act (5 U.S.C. 601 et seq.). Because this Congress and to the Comptroller General Commissioner, NYSDEC, submitted a rule approves pre-existing requirements of the United States. EPA will submit a SIP revision requesting EPA’s approval under state law and does not impose report containing this rule and other of only Subparts 201–7.1, ‘‘General’’ and any additional enforceable duty beyond required information to the U.S. Senate, 201–7.2, ‘‘Emission Capping Using that required by state law, it does not the U.S. House of Representatives, and Synthetic Minor Permits,’’ as were State contain any unfunded mandate or the Comptroller General of the United effective on July 7, 1996, and the significantly or uniquely affect small States prior to publication of the rule in removal of Subpart 201.5(e) of the governments, as described in the the Federal Register. A major rule existing federally approved version of Unfunded Mandates Reform Act of 1995 cannot take effect until 60 days after it Part 201. On July 21, 2005 (70 FR (Pub. L. 104–4). is published in the Federal Register. 42021), EPA proposed to approve This rule also does not have tribal This action is not a ‘‘major rule’’ as revised Subparts 201–7.1 and 201–7.2 implications because it will not have a defined by 5 U.S.C. 804(2). into the federally approved New York substantial direct effect on one or more Under section 307(b)(1) of the Act, SIP and remove existing Subpart Indian tribes, on the relationship petitions for judicial review of this 201.5(e) from the federally approved between the Federal Government and action must be filed in the United States New York SIP. For a detailed discussion Indian tribes, or on the distribution of Court of Appeals for the appropriate on the content and requirements of the power and responsibilities between the circuit by December 2, 2005. Filing a revisions to New York’s regulations, the Federal Government and Indian tribes, petition for reconsideration by the reader is referred to EPA’s proposed as specified by Executive Order 13175 Administrator of this final rule does not rulemaking action. (65 FR 67249, November 9, 2000). This affect the finality of this rule for the

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purposes of judicial review nor does it PART 52—[AMENDED] Regulations, Part 201, ‘‘Permits and extend the time within which a petition Certificates.’’ I 1. The authority citation for part 52 for judicial review may be filed, and (i) Incorporation by reference: shall not postpone the effectiveness of continues to read as follows: such rule or action. This action may not Authority: 42 U.S.C. 7401 et seq. (A) Regulations Subparts 201–7.1, be challenged later in proceedings to ‘‘General’’ and 201–7.2, ‘‘Emission enforce its requirements. (See section Subpart HH—New York Capping Using Synthetic Minor Permits’’ of Part 201–7, ‘‘Federally 307(b)(2).) I 2. Section 52.1670 is amended by Enforceable Emission Caps’’ of Title 6 of List of Subjects in 40 CFR Part 52 adding new paragraph (c)(109) to read the New York Code of Rules and as follows: Environmental protection, Air Regulations (NYCRR), filed on June 7, pollution control, Incorporation by § 52.1670 Identification of plans. 1996, and effective on July 7, 1996. reference, Intergovernmental relations, Ozone, Reporting and recordkeeping * * * * * I 3. In 52.1679, the table is amended by (c) * * * requirements, Volatile organic revising the entry under Title 6 for Part compounds. * * * * * 201 and adding new entries under Title (109) Revisions to the State Dated: September 12, 2005. 6 for Subparts 201–7.1 and 201–7.2, in Implementation Plan submitted on June numerical order to read as follows: Alan J. Steinberg, 16, 1996 and May 27, 2005, by the New Regional Administrator, Region 2. York State Department of § 52.1679 EPA—approved New York State I Part 52, chapter I, title 40 of the Code Environmental Conservation, which regulations. of Federal Regulations is amended as consist of administrative changes to follows: Title 6 of the New York Code, Rules and

State effec- New York State regulation tive date Latest EPA approval date Comments

Title 6:

******* Part 201, ‘‘Permits and Certificates’’ ...... 4/4/93 10/3/05 [Insert FR page This action removes subpart citation] 201.5(e) from the State’s fed- erally approved SIP. Subpart 201–7.1, ‘‘General’’ ...... 7/7/96 10/3/05 [Insert FR page citation] Subpart 201–7.2, ‘‘Emission Capping Using Synthetic Minor 7/7/96 10/3/05 [Insert FR page Permits’’. citation]

*******

[FR Doc. 05–19712 Filed 9–30–05; 8:45 am] error in the definition of ‘‘clean charge’’ institute a second comment period on BILLING CODE 6560–50–P previously promulgated in the the direct final rule. Any parties December 30, 2002 amendments and a interested in commenting must do so at typographical error in the operating this time. ENVIRONMENTAL PROTECTION temperature of a scrap dryer/ DATES: The direct final rule will be AGENCY delacquering kiln/decoating kiln effective on December 2, 2005 without afterburner. We are making the 40 CFR Part 63 further notice, unless EPA receives amendment by direct final rule, without adverse written comments by November [OAR–2002–0084; FRL–7978–4] prior proposal, because we view the 2, 2005 or by November 17, 2005 if a revision as noncontroversial and public hearing is requested. If EPA RIN 2060–AN38 anticipate no adverse comments. receives such comments, it will publish However, in the Proposed Rules section a timely withdrawal in the Federal National Emission Standards for of this Federal Register, we are Hazardous Air Pollutants for Register indicating that the rule is being publishing a separate document that withdrawn due to adverse comment. Secondary Aluminum Production will serve as the proposal to amend the ADDRESSES: Submit your comments, AGENCY: national emission standards for Environmental Protection identified by Docket ID No. OAR–2002– Agency (EPA). secondary aluminum production, if adverse comments are filed. 0084, by one of the following methods: ACTION: Direct final rule; amendments. If we receive any adverse comments Federal eRulemaking Portal: http:// SUMMARY: On March 23, 2000, EPA on the direct final rule, we will publish www.regulations.gov. Follow the on-line promulgated national emission a timely withdrawal in the Federal instructions for submitting comments. standards for hazardous air pollutants Register informing the public that the Agency Web site: http://www.epa.gov/ (NESHAP) for secondary aluminum amendments are being withdrawn due edocket. EDOCKET, EPA’s electronic production under section 112 of the to adverse comment. We will address all public docket and comment system, is Clean Air Act (CAA), and on December public comments in a subsequent final EPA’s preferred method for receiving 30, 2002, we published final rule based on the proposed rule. If we comments. Follow the on-line amendments to the standards based on do not receive adverse comment on the instructions for submitting comments. two separate settlement agreements. direct final rule, it will become effective • E-mail: [email protected] and This amendment corrects a punctuation on the date set out below. We will not [email protected].

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• Fax: (202) 566–1741 and (919) 541– regulations.gov, or e-mail. Send or Docket: All documents in the docket 5600. deliver information identified as CBI are listed in the EDOCKET index at • Mail: U.S. Postal Service, EPA only to the following address: Mr. http://www.epa.gov/edocket. Although Docket Center, Environmental Roberto Morales, OAQPS Document listed in the index, some information is Protection Agency, Mailcode: 6102T, Control Officer, EPA (C404–02), not publicly available, i.e., CBI or other Attention Docket ID No. OAR–2002– Attention Docket ID No. OAR–2002– information whose disclosure is 0084, 1200 Pennsylvania Avenue, NW., 0084, Research Triangle Park, NC 27711. restricted by statute. Certain other Washington, DC 20460. Please include a Clearly mark the part or all of the material, such as copyrighted material, duplicate copy, if possible. information that you claim to be CBI. is not placed on the Internet and will be • Hand Delivery: In person or by The EPA EDOCKET and the Federal publicly available only in hard copy courier, deliver comments to: EPA form. Publicly available docket Docket Center (6102T), Attention Docket regulations.gov websites are ‘‘anonymous access’’ systems, which materials are available either ID No. OAR–2002–0084, 1301 electronically in EDOCKET or in hard means EPA will not know your identity Constitution Avenue, NW., Room B– copy at the EPA Docket Center, Docket or contact information unless you 108, Washington, DC 20004. Such ID No. OAR–2002–0084, EPA West deliveries are only accepted during the provide it in the body of your comment. Building, Room B–102, 1301 Docket’s normal hours of operation, and If you send an e-mail comment directly Constitution Ave., NW., Washington, special arrangements should be made to EPA without going through DC. The Public Reading Room is open for deliveries of boxed information. EDOCKET or regulations.gov, your from 8:30 a.m. to 4:30 p.m., Monday Please include a total of two copies, if e-mail address will be automatically through Friday, excluding legal possible. captured and included as part of the holidays. The telephone number for the We request that a separate copy of comment that is placed in the public Public Reading Room is (202) 566–1744, each comment also be sent to the docket and made available on the and the telephone number for the EPA FOR contact person listed below (see Internet. If you submit an electronic Docket Center is (202) 566–1742. A FURTHER INFORMATION CONTACT). comment, EPA recommends that you reasonable fee may be charged for Instructions: Direct your comments to include your name and other contact copying docket materials. Docket ID No. OAR–2002–0084. The information in the body of your EPA’s policy is that all comments FOR FURTHER INFORMATION CONTACT: Mr. received will be included in the public comment and with any disk or CD–ROM Rick Colyer, EPA Office of Air Quality docket without change and may be you submit. If EPA cannot read your Planning and Standards, Emission made available online at http:// comment due to technical difficulties Standards Division, Minerals and www.epa.gov/edocket, including any and cannot contact you for clarification, Inorganic Chemicals Group (C504–05), personal information provided, unless EPA may not be able to consider your Research Triangle Park, NC 27711; the comment includes information comment. Electronic files should avoid telephone number (919) 541–5262; fax claimed to be confidential business the use of special characters, any form number (919) 541–5600; e-mail address: information (CBI) or other information of encryption, and be free of any defects [email protected]. whose disclosure is restricted by statute. or viruses. For additional information SUPPLEMENTARY INFORMATION: Regulated Do not submit information that you about EPA’s public docket visit Entities. Categories and entities consider to be CBI or otherwise EDOCKET on-line or see the Federal potentially regulated by this action protected through EDOCKET, Register of May 31, 2002 (67 FR 38102). include:

TABLE 1.—REGULATED CATEGORIES AND ENTITIES

Category NAICS 1 Examples of regulated entities

Industry ...... 331314 Secondary smelting and alloying of aluminum facilities. Secondary aluminum production facility affected sources that are collocated at: 331312 Primary aluminum production facilities. 331315 Aluminum sheet, plate, and foil manufacturing facilities. 331316 Aluminum extruded product manufacturing facilities. 331319 Other aluminum rolling and drawing facilities. 331521 Aluminum die casting facilities. 331524 Aluminum foundry facilities. 1 North American Industry Classification System.

This table is not intended to be Worldwide Web (WWW). In addition the District of Columbia Circuit by exhaustive, but rather provides a guide to being available in the docket, an December 2, 2005. Under section for readers regarding entities likely to be electronic copies of today’s action will 307(d)(7)(B) of the CAA, only an regulated by this action. To determine be posted on the Technology Transfer objection to the direct final rule whether your facility is regulated by this Network’s (TTN) policy and guidance amendments that was raised with action, you should examine the information page http://www.epa.gov/ reasonable specificity during the period applicability criteria in 40 CFR 63.1500 ttn/caaa. The TTN provides information for public comment can be raised during of the secondary aluminum production and technology exchange in various judicial review. Moreover, under section NESHAP. If you have any questions areas of air pollution control. 307(b)(2) of the CAA, the requirements Judicial Review. Under section regarding the applicability of this action established by the direct final rule 307(b)(1) of the CAA, judicial review of to a particular entity, consult the person the direct final rule amendments is amendments may not be challenged listed in the preceding FOR FURTHER available only by filing a petition for separately in any civil or criminal INFORMATION CONTACT section. review in the U.S. Court of Appeals for

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proceeding brought by EPA to enforce thermally dried or treated by a II. Statutory and Executive Order these requirements. centrifugal cleaner; aluminum scrap Reviews Outline. The information presented in ° ° dried at 343 C (650 F) or higher; A. Executive Order 12866: Regulatory this preamble is organized as follows: aluminum scrap delacquered/decoated Planning and Review I. Background and Technical Corrections at 482 °C (900 °F) or higher, and II. Statutory and Executive Order Reviews runaround scrap.’’ Under Executive Order 12866 (58 FR 51735, October 4, 1993), the EPA must A. Executive Order 12866: Regulatory The December 30, 2002 final Planning and Review determine whether this regulatory B. Paperwork Reduction Act amendments (67 FR 79815) promulgated action is ‘‘significant,’’ and, therefore, C. Regulatory Flexibility Act the June 14, 2002 proposed definition of subject to Office of Management and D. Unfunded Mandates Reform Act ‘‘clean charge’’ as ‘‘* * * furnace charge Budget (OMB) review and the E. Executive Order 13132: Federalism materials including molten aluminum, requirements of the Executive Order. F. Executive Order 13175: Consultation T-bar, sow, ingot, billet, pig, alloying The Executive Order defines a and Coordination with Indian Tribal elements, aluminum scrap known by ‘‘significant regulatory action’’ as one Governments G. Executive Order 13045: Protection of the owner or operator to be entirely free that is likely to result in a rule that may: Children From Environmental Health of paints, coatings, and lubricants; (1) Have an annual effect on the and Safety Risks uncoated/unpainted aluminum chips economy of $100 million or more or H. Executive Order 13211: Actions That that have been thermally dried or adversely affect in a material way the Significantly Affect Energy Supply, treated by a centrifugal cleaner; economy, a sector of the economy, Distribution, or Use aluminum scrap dried at 343 °C (650 °F) productivity, competition, jobs, the I. National Technology Transfer or higher; aluminum scrap delacquered/ environment, public health or safety, or Advancement Act ° ° State, local, or tribal governments or J. Congressional Review Act decoated at 482 C (900 F) or higher, and runaround scrap.’’ communities; I. Background and Technical (2) Create a serious inconsistency or Corrections While the basic substance of the otherwise interfere with an action taken definition of ‘‘clean charge’’ did not or planned by another agency; On March 23, 2000 (63 FR 15690), we change between the 2002 proposal and (3) Materially alter the budgetary promulgated the NESHAP for secondary promulgation, the punctuation did. The impact of entitlement, grants, user fees, aluminum production (40 CFR part 63, replacement of certain semicolons with or loan programs or the rights and subpart RRR). The standards were commas had an inadvertent effect on the obligations of recipients thereof; or established under the authority of interpretation of parts of the definition. (4) Raise novel legal or policy issues section 112(d) of the CAA to reduce These typographical errors arising out of legal mandates, the emissions of hazardous air pollutants unintentionally applied the phrase President’s priorities, or the principles from major and area sources. ‘‘entirely free of paints, coatings, and set forth in the Executive Order. On December 30, 2002 (67 FR 79808), Pursuant to the terms of Executive we promulgated amendments to the lubricants’’ to molten aluminum, T-bar, sow, ingot, billet, pig, and alloying Order 12866, it has been determined NESHAP in response to two petitions that the direct final amendments do not elements. The definition of ‘‘clean for judicial review. Among other things, constitute a ‘‘significant regulatory charge’’ in the June 14, 2002 proposed the amendments revised the definition action’’ because they do not meet any of of ‘‘clean charge.’’ amendments separated the list of charge the above criteria. Consequently, this The final rule promulgated in 2000 materials with semicolons indicating action was not submitted to OMB for defined ‘‘clean charge’’ as ‘‘*** that the phrase ‘‘entirely free of paints, review under Executive Order 12866. furnace charge materials including coatings, and lubricants’’ was intended molten aluminum; T-bar; sow; ingot; to apply only to ‘‘aluminum scrap.’’ B. Paperwork Reduction Act billet; pig; alloying elements; uncoated/ This issue came to our attention when The information collection unpainted thermally dried aluminum questions arose regarding paint and ink requirements in the final rule (65 FR chips; aluminum scrap dried at 343 °C markings on aluminum ingots, T-bars, 15690, March 23, 2000) were submitted (650 °F) or higher; aluminum scrap sows, etc. The die casting industry to and approved by OMB under the delacquered/decoated at 482 °C (900 °F) routinely marks aluminum ingots, sows, Paperwork Reduction Act, 44 U.S.C. or higher; other oil- and lubricant-free etc., with paint, ink, and grease pen 3501, et seq, and assigned OMB control unpainted/uncoated gates and risers; marking to identify specific alloys and number 2060–0433. An Information oil- and lubricant-free unpainted/ batch numbers. It is our intent that T- Collection Request (ICR) document was uncoated aluminum scrap, shapes, or bar, sow, ingot, billet, pig, and alloying prepared by EPA (ICR No. 1894.01) and products (e.g., pistons) that have not elements be considered ‘‘clean charge,’’ a copy may be obtained from Susan undergone any process (e.g., machining, notwithstanding ink, grease, or paint Auby by mail at Office of Environmental coating, painting, etc.) that would cause markings. Information Collection Strategies contamination of the aluminum (with Division (MD–2822T), 1200 oils, lubricants, coatings, or paints); and To clarify our intent and to correct Pennsylvania Avenue, NW., Washington internal runaround.’’ this typographical error, we are revising DC 20460, by e-mail at The June 14, 2002 proposed the definition of ‘‘clean charge’’ to [email protected], or by calling (202) amendments (67 FR 41132) revised the match that previously proposed on June 566–1672. A copy may also be definition of ‘‘clean charge’’ to ‘‘*** 14, 2002 (67 FR 41132). downloaded from the internet at http:// furnace charge materials including We are also correcting a typographical www.epa.gov/icr. molten aluminum; T-bar; sow; ingot; error in 40 CFR 63.1505(e). The Today’s action makes clarifying billet; pig; alloying elements; aluminum operating temperature of the scrap changes to the final rule and imposes no scrap known by the owner or operator dryer/delacquering kiln/decoating kiln new information collection to be entirely free of paints, coatings, afterburner should be 760 °C (1400 °F) requirements on the industry. Because and lubricants; uncoated/unpainted instead of 750 °C (1400 °F). there is no additional burden on the aluminum chips that have been industry as a result of the direct final

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rule amendments, the ICR has not been statement, including a cost-benefit defined in the Executive Order to revised. analysis, for proposed and final rules include regulations that have Burden means the total time, effort, or with ‘‘Federal mandates’’ that may ‘‘substantial direct effects on the States, financial resources expended by persons result in expenditures to State, local, on the relationship between the national to generate, maintain, retain, or disclose and tribal governments, in the aggregate, government and the States, or on the or provide information to or for a or to the private sector, of $100 million distribution of power and Federal agency. This includes the time or more in any 1 year. Before responsibilities among the various needed to review instructions; develop, promulgating a rule for which a written levels of government.’’ acquire, install, and utilize technology statement is needed, section 205 of the The direct final rule amendments do and systems for the purpose of UMRA generally requires us to identify not have federalism implications and collecting, validating, and verifying and consider a reasonable number of will not have substantial direct effects information, processing and regulatory alternatives and adopt the on the States, on the relationship maintaining information, and disclosing least costly, most cost-effective, or least between the national government and and providing information; adjust the burdensome alternative that achieves the States, or on the distribution of existing ways to comply with any the objectives of the rule. The power and responsibilities among the previously applicable instructions and provisions of section 205 do not apply various levels of government, as requirements; train personnel to when they are inconsistent with specified in Executive Order 13132. respond to a collection of information; applicable law. Moreover, section 205 None of the affected facilities are owned search data sources; complete and allows the EPA to adopt an alternative or operated by State governments. Thus, review the collection of information; other than the least costly, most cost- Executive Order 13132 does not apply and transmit or otherwise disclose the effective, or least burdensome to the direct final rule amendments. information. alternative if the Administrator F. Executive Order 13175: Consultation An Agency may not conduct or publishes with the final rule an and Coordination With Indian Tribal sponsor, and a person is not required to explanation why that alternative was Governments respond to, a collection of information not adopted. Before EPA establishes any unless it displays a currently valid OMB regulatory requirements that may Executive Order 13175 (65 FR 67249, control number. The OMB control significantly or uniquely affect small November 9, 2000) requires EPA to numbers for EPA’s regulations in 40 governments, including tribal develop an accountable process to CFR part 63 are listed in 40 CFR part 9. governments, it must have developed ensure ‘‘meaningful and timely input by under section 203 of the UMRA a small tribal officials in the development of C. Regulatory Flexibility Act government agency plan. The plan must regulatory policies that have tribal The EPA has determined that it is not provide for notifying potentially implications.’’ The direct final rule necessary to prepare a regulatory affected small governments, enabling amendments do not have tribal flexibility analysis in connection with officials of affected small governments implications, as specified in Executive today’s action. to have meaningful and timely input in Order 13175. They will not have For purposes of assessing the impacts the development of EPA regulatory substantial direct effects on tribal of today’s direct final rule amendments proposals with significant Federal governments, on the relationship on small entities, small entity is defined intergovernmental mandates, and between the Federal government and as: (1) A small business as defined by informing, educating, and advising Indian tribes, or on the distribution of the Small Business Administrations’ small governments on compliance with power and responsibilities between the regulations at 13 CFR 121.201; (2) a the regulatory requirements. Federal government and Indian tribes. small governmental jurisdiction that is a The EPA has determined that the Thus, Executive Order 13175 does not government of a city, county, town, direct final rule amendments do not apply to the direct final rule school district or special district with a contain a Federal mandate that may amendments. population of less than 50,000; and (3) result in expenditures of $100 million or G. Executive Order 13045: Protection of a small organization that is any not-for- more for State, local, or tribal Children From Environmental Health profit enterprise which is independently governments, in the aggregate, or to the and Safety Risks owned and operated and is not private sector in any 1 year. Thus, dominant in its field. today’s direct final rule amendments are Executive Order 13045 (62 FR 19885, After considering the economic not subject to sections 202 and 205 of April 23, 1997) applies to any rule that: impacts of today’s direct final rule the UMRA. The EPA has also (1) Is determined to be ‘‘economically amendments on small entities, EPA has determined that the direct final rule significant,’’ as defined under Executive concluded that this action will not have amendments contain no regulatory Order 12866, and (2) concerns an a significant economic impact on a requirements that might significantly or environmental health or safety risk that substantial number of small entities. uniquely affect small governments. EPA has reason to believe may have a This action will not impose any Thus, today’s direct final rule disproportionate effect on children. If requirements on small entities. Today’s amendments are not subject to the the regulatory action meets both criteria, direct final would only correct requirements of section 203 of the the Agency must evaluate the definitional and typographical errors. UMRA. environmental health or safety effects of the planned rule on children, and D. Unfunded Mandates Reform Act E. Executive Order 13132: Federalism explain why the planned regulation is Title II of the Unfunded Mandates Executive Order 13132 (64 FR 43255, preferable to other potentially effective Reform Act of 1995 (UMRA), Public August 10, 1999) requires EPA to and reasonably feasible alternatives Law 104–4, establishes requirements for develop an accountable process to considered by the Agency. Federal agencies to assess effects of their ensure ‘‘meaningful and timely input by The EPA interprets Executive Order regulatory actions on State, local, and State and local officials in the 13045 as applying only to those tribal governments and the private development of regulatory policies that regulatory actions that are based on sector. Under section 202 of the UMRA, have federalism implications.’’ ‘‘Policies health or safety risks, such that the EPA generally must prepare a written that have federalism implications’’ is analysis required under section 5–501 of

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the Executive Order has the potential to amendments are effective on December DEPARTMENT OF COMMERCE influence the regulation. The direct final 2, 2005. rule amendments are not subject to National Oceanic and Atmospheric List of Subjects in 40 CFR Part 63 Executive Order 13045 because they are Administration not ‘‘economically significant’’ and are Environmental protection, Air based on technology performance and pollution control, Hazardous 50 CFR Part 648 substances, Reporting and not on health or safety risks. [Docket No. 050613158–5237–02; I.D. recordkeeping requirements. H. Executive Order 13211: Actions That 090105A] Dated: September 27, 2005. Significantly Affect Energy Supply, RIN 0648–AT48 Distribution, or Use Stephen L. Johnson, Administrator. Magnuson-Stevens Fishery The direct final rule amendments are I For the reasons stated in the preamble, Conservation and Management Act not subject to Executive Order 13211, title 40, chapter I, part 63 of the Code Provisions; Fisheries of the ‘‘Actions Concerning Regulations That of Federal Regulations is amended as Northeastern United States; Extension Significantly Affect Energy Supply, follows: of Emergency Fishery Closure Due to Distribution, or Use’’ (66 FR 28355, May the Presence of the Toxin That Causes 22, 2001) because they are not a PART 63—[AMENDED] Paralytic Shellfish Poisoning significant regulatory action under I Executive Order 12866. 1. The authority citation for part 63 AGENCY: National Marine Fisheries continues to read as follows: Service (NMFS), National Oceanic and I. National Technology Transfer Authority: 42 U.S.C. 7401, et seq. Atmospheric Administration (NOAA), Advancement Act Commerce. Section 12(d) of the National Subpart RRR—[Amended] ACTION: Temporary rule; emergency Technology Transfer and Advancement I 2. Section 63.1503 is amended by action; extension of effective period. Act (NTTAA) of 1995, Public Law 104– revising the definition of ‘‘Clean charge’’ SUMMARY: The regulations contained in 113, 12(d) (15 U.S.C. 272 note) directs to read as follows: EPA to use voluntary consensus the temporary rule, emergency action, standards (VCS) in its regulatory § 63.1503 Definitions. published on September 9, 2005, at the request of the U.S. Food and Drug activities unless to do so would be * * * * * inconsistent with applicable law or Clean charge means furnace charge Administration (FDA), continue through otherwise impractical. The VCS are materials, including molten aluminum; December 31, 2005. In that action NMFS technical standards (e.g., materials T-bar; sow; ingot; billet; pig; alloying reopened a portion of Federal waters of specifications, test methods, sampling elements; aluminum scrap known by the Gulf of Maine, Georges Bank, and procedures, business practices) that are the owner or operator to be entirely free southern New England that it had developed or adopted by VCS bodies. of paints, coatings, and lubricants; previously closed from June 14, 2005, The NTTAA directs EPA to provide uncoated/unpainted aluminum chips through September 30, 2005, to the Congress, through the OMB, that have been thermally dried or harvest for human consumption of explanations when the Agency decides treated by a centrifugal cleaner; certain bivalve molluscan shellfish due not to use available and applicable VCS. aluminum scrap dried at 343 °C (650 °F) to the presence in those waters of the toxin that causes Paralytic Shellfish The direct final rule amendments do or higher; aluminum scrap delacquered/ Poisoning (PSP). The FDA has not involve technical standards. decoated at 482 °C (900 °F) or higher, determined that there is insufficient Therefore, EPA did not consider the use and runaround scrap. analytical data to support the scheduled of any VCS. * * * * * reopening of the entire area to all I J. Congressional Review Act 3. Section 63.1505 is being amended bivalve molluscan shellfish fishing on by revising the first sentence of October 1, 2005. The Congressional Review Act, 5 paragraph (e) introductory text to read DATES: U.S.C. 801, et seq., as added by the as follows: The temporary emergency action Small Business Regulatory Enforcement published September 9, 2005 (70 FR Fairness Act of 1996, generally provides § 63.1505 Emission standards for affected 53580), is effective from September 9, sources and emission units. that before a rule may take effect, the 2005, through December 31, 2005. agency promulgating the rule must * * * * * ADDRESSES: Copies of the small entity submit a rule report, which includes a (e) Scrap dryer/delacquering kiln/ compliance guide prepared for the copy of the rule, to each House of the decoating kiln: alternative limits. The September 9, 2005, emergency action Congress and to the Comptroller General owner or operator of a scrap dryer/ are available from Patricia A. Kurkul, of the United States. The EPA will delacquering kiln/decoating kiln may Regional Administrator, National submit a report containing the direct choose to comply with the emission Marine Fisheries Service, One final rule and other required limits in this paragraph (e) as an Blackburn Drive, Gloucester, MA 01930. information to the United States Senate, alternative to the limits in paragraph (d) The small entity compliance guide/ the United States House of of this section if the scrap dryer/ permit holder letter is also accessible Representatives, and the Comptroller delacquering kiln/decoating kiln is via the Internet at http:// General of the United States prior to equipped with an afterburner having a www.nero.noaa.gov. Copies of the publication of the direct final rule in the design residence time of at least 1 September 9, 2005, emergency action Federal Register. A major rule cannot second and the afterburner is operated are available from Patricia A. Kurkul, at at a temperature of at least 760 °C (1400 the mailing address specified above. take effect until 60 days after it is ° published in the Federal Register. The F) at all times. * * * FOR FURTHER INFORMATION CONTACT: E. direct final rule amendments are not a * * * * * Martin Jaffe, Fishery Policy Analyst, ‘‘major rule’’ as defined by 5 U.S.C. [FR Doc. 05–19713 Filed 9–30–05; 8:45 am] (978) 281–9272. 804(2). The direct final rule BILLING CODE 6560–50–P SUPPLEMENTARY INFORMATION:

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Background harvesting was only permitted in the DEPARTMENT OF COMMERCE Toxic algal blooms are responsible for reopened area for the purpose of National Oceanic and Atmospheric the marine toxin that causes PSP in shucking of the adductor muscle. Administration persons consuming affected shellfish. In the absence of further notice from the FDA, the entire temporary closure People have become seriously ill and 50 CFR Part 679 some have died from consuming would have expired on October 1, 2005. affected shellfish under similar At this time, however, the FDA has [Docket No. 041126332–5039–02; I.D. circumstances. insufficient analytical data to support 092805A] On June 10, 2005, the FDA requested the scheduled reopening of the entire that NMFS issue an emergency rule to area to all bivalve molluscan shellfish Fisheries of the Economic Exclusive close an area of Federal waters to the on October 1, 2005, and has requested Zone Off Alaska; Pacific Ocean Perch harvesting of bivalve molluscan that NMFS continue the regulations in the Western Aleutian District of the shellfish intended for human through December 31, 2005. Bering Sea and Aleutian Islands Management Area consumption because of toxic algal Classification blooms off the coasts of New Hampshire AGENCY: National Marine Fisheries and Massachusetts. This closure This action is issued pursuant to Service (NMFS), National Oceanic and prohibited harvests of shellfish such as section 305(c) of the Magnuson-Stevens Atmospheric Administration (NOAA), Atlantic surfclams and ocean quahogs, Fishery Conservation and Management Commerce. as well as scallop viscera. The Act, 16 U.S.C. 1855(c). ACTION: Temporary rule; modification of emergency rule for the action, published a closure. in the Federal Register on June 16, 2005 The original emergency closure was (70 FR 35047), stated it would be in in response to a public health SUMMARY: NMFS is opening directed effect from June 14 through September emergency. Pursuant to section fishing for Pacific ocean perch in the 30, 2005, unless extended. The 305(c)(3)(C) of the Act, the closure to the Western Aleutian District of the Bering emergency rule was modified on July 7, harvest of shellfish, as modified on Sea and Aleutian Islands Management 2005 (70 FR 39192) to allow for the September 9, 2005, may remain in effect Area (BSAI). This action is necessary to collection of biological samples by until the circumstances that created the allow the Pacific ocean perch fishery in commercial fishing vessels issued a emergency no longer exist, provided the Western Aleutian District of the Letter of Authorization signed by the that the public has an opportunity to BSAI to resume. Regional Administrator. comment after the regulation is DATES: Effective 1200 hrs, Alaska local The action temporarily closed all published, and, in the case of a public time (A.l.t.), September 28, 2005, Federal waters of the Exclusive health emergency, the Secretary of through 2400 hrs, A.l.t., December 31, Economic Zone of the northeastern Health and Human Services concurs 2005. with the Commerce Secretary’s action. United States to any bivalve molluscan FOR FURTHER INFORMATION CONTACT: Josh shellfish harvesting, except for Atlantic The public had opportunities to comment on the published regulations Keaton, 907–586–7228. sea scallops shucked at sea for their SUPPLEMENTARY INFORMATION: NMFS adductor muscles, in the area bound by and one comment was received. The commenter expressed her reluctance to manages the groundfish fishery in the the following coordinates in the order BSAI exclusive economic zone ° ′ ° ′ agree with reopening a portion of the stated: (1) 43 00 N. lat., 71 00 W. long.; according to the Fishery Management ° ′ ° ′ closure without seeing the results of the (2) 43 00 N. lat., 69 00 W. long.; (3) Plan for Groundfish of the Bering Sea ° ′ ° ′ ° ′ FDA’s tests. While NMFS is the agency 40 00 N. lat., 69 00 W. long.; (4) 40 00 and Aleutian Islands Management Area ° ′ with authority to promulgate the N. lat., 71 00 W. long., and then ending (FMP) prepared by the North Pacific at the first point. The scallop adductor emergency regulations, it modified the regulations on September 9, 2005, at the Fishery Management Council under muscle, or ‘‘meat,’’ is unaffected by the authority of the Magnuson-Stevens toxin. Further details of the original behest of the FDA after the FDA had determined that the results of its tests Fishery Conservation and Management closure may be found in the June 16, Act. Regulations governing fishing by 2005, and the July 7, 2005, Federal warranted such action. Accordingly, the Secretary of Health and Human Services U.S. vessels in accordance with the FMP Register rules, and are not repeated appear at subpart H of 50 CFR part 600 here. and the Secretary of Commerce concur that the emergency regulations, as and 50 CFR part 679. As a result of tests conducted by the NMFS closed directed fishing for modified, should continue through FDA in cooperation with NMFS and the Pacific ocean perch in the Western December 31, 2005. Subsequently, if fishing industry, it was determined that Aleutian District of the BSAI under warranted, the regulations may be toxin levels in a portion of the closure § 679.20(d)(1)(i) on July 18, 2005 (70 FR terminated at an earlier date, pursuant area (described below) were well below 42280, July 22, 2005). those known to cause human illness. to section 305(c)(3)(D), by publication in NMFS has determined that as of With the exception of whole and roe-on the Federal Register of a notice of September 26, 2005, approximately scallops, the FDA determined that termination. 1,422 metric tons of Pacific ocean perch harvesting of bivalve molluscan The September 9, 2005, rule was remain in the 2005 Pacific ocean perch shellfish for human consumption from determined to be not significant under total allowable catch (TAC) in the the area described was once again safe. Executive Order 12866. Western Aleutian District of the BSAI. At the FDA’s request, on September 9, Authority: 16 U.S.C. 1801 et seq. Therefore, in accordance with 2005, NMFS reopened those waters §§ 679.25(a)(2)(i)(C) and (a)(2)(iii)(D), south of 41°39′ N. lat., west of 69°00′ W. Dated: September 27, 2005. and to allow the Pacific ocean perch long., north of 40°00′ N. lat., and east of James W. Balsiger, fishery to resume, NMFS is terminating 71°00′ W. long. (70 FR 53580). Because Acting Deputy Administrator for Regulatory the previous closure and is reopening scallop viscera and roe are capable of Programs,National Marine Fisheries Service. directed fishing for Pacific ocean perch retaining PSP toxins longer than other [FR Doc. 05–19718 Filed 9–28–05; 2:54 pm] in the Western Aleutian District of the species of molluscan shellfish, scallop BILLING CODE 3510–22–S BSAI.

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Classification interest as it would prevent NMFS from prior notice and opportunity for public responding to the most recent fisheries comment. This action responds to the best data in a timely fashion and would available information recently obtained This action is required by § 679.25 delay the delay the opening of the and is exempt from review under from the fishery. The Assistant fishery, not allow the full utilization of Executive Order 12866. Administrator for Fisheries, NOAA the Pacific ocean perch TAC in the (AA), finds good cause to waive the Western Aleutian District of the BSAI, Authority: 16 U.S.C. 1801 et seq. requirement to provide prior notice and and therefore reduce the public’s ability Dated: September 28, 2005. opportunity for public comment to use and enjoy the fishery resource. pursuant to the authority set forth at 5 The AA also finds good cause to Alan D. Risenhoover, U.S.C. 553(b)(B) as such requirement is waive the 30-day delay in the effective Acting Director, Office of Sustainable impracticable and contrary to the public date of this action under 5 U.S.C. Fisheries, National Marine Fisheries Service. interest. This requirement is 553(d)(3). This finding is based upon [FR Doc. 05–19719 Filed 9–28–05; 2:54 pm] impracticable and contrary to the public the reasons provided above for waiver of BILLING CODE 3510–22–S

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Proposed Rules Federal Register Vol. 70, No. 190

Monday, October 3, 2005

This section of the FEDERAL REGISTER Comments may be inspected in the The proposed rules would apply contains notices to the public of the proposed Office of the Branch Chief, Noninsured beginning with 2006 crops in the issuance of rules and regulations. The Assistance Program Branch, Room 3638- tropical region, as that region as defined purpose of these notices is to give interested S, 1400 Independence Avenue, SW., in the rule, except for ‘‘value-loss’’ crops persons an opportunity to participate in the Washington, DC 20250–0517. All rule making prior to the adoption of the final as they are otherwise defined in subpart rules. comments will become a matter of D of the existing program regulations. public record, including the name, The ‘‘value-loss’’ crops are crops which mailing address, and e-mail address of do not lend themselves to calculations DEPARTMENT OF AGRICULTURE the commenting party. based on loss yields and include, as FOR FURTHER INFORMATION CONTACT: John defined in subpart D, among others, Commodity Credit Corporation Newcomer, phone: (202) 720–6157. crops like ornamental nursery crops and Persons with disabilities who require mushrooms. Essentially, under the 7 CFR Part 1437 alternative means for communication proposed rule, for perennial crops all of RIN 0560 AH19 (Braille, large print, audiotape, etc.) the production for the crops in the should contact the USDA Target Center ground at the time of the disaster event Noninsured Crop Disaster Assistance at (202) 720–2600 (voice and TDD). would be counted against the loss for Program—Tropical Regions SUPPLEMENTARY INFORMATION: that production so long as the AGENCY: Commodity Credit Corporation, Background production, whether before or after the USDA. Current NAP regulation requires that disaster, takes place in the same ACTION: Proposed rule. when annual crops are planted multiple calendar year. For other covered crops, times in a crop year, individual planting all production for the plants which were SUMMARY: This proposed rule would in the ground at the time of the disaster, change the handling of claims for periods must be used to determine damaged or not, would be counted, specified ‘‘tropical’’ regions for the planted acres, production and requisite whether that production was before or Noninsured Crop Disaster Assistance loss. When multiple planting periods Program (NAP). The specified area are used, producers pay multiple NAP after the disaster, and irrespective of includes Hawaii, Puerto Rico and service fees for that crop year. Because whether it was in the same crop year. specified additional areas. The proposed of the unique climate in tropical That is, such production for those crops changes are intended to reduce the regions, planting periods there tend to covers the full life of the plants that are burden on program participants and be continuous. This proposed rule in place when the disaster occurs (even ease program administration in the would make changes to reflect that if that production carries over into the affected areas. difference and to provide special loss next calendar year). For all covered DATES: Comments on the proposed rule, compensation provisions to address the crops, perennial and non-perennial, or alternatives to this proposal, must be special conditions in those areas. Also producers would be required to harvest received on or before November 2, 2005 for tropical regions, as defined in the all such countable production, report it to be assured of consideration. rule, the proposed rule provides for accurately, and have it count in the Comments received after this date may covered crops that ‘‘prevented planting’’ calculation of whether there was, or was be considered to the extent practicable. credit will not be allowed except in not, sufficient damage to allow for a Comments on the information exceptional cases. Usually, plantings payment. Irrespective of whether there collections in this rule must be received can still be made after the disaster is not a loss, producers with coverage on or before December 2, 2005 to be condition has passed. Further, the rule would be required to keep records at all assured of consideration. Comments provides that payable losses on covered times of their acreage and production received after this date will be crops will generally be limited to and file yearly reports. The rule considered to the extent practicable. tropical storms and related types of provides that person failing to file • Electronic Mail: Send comments to events. This is because of general proper reports may be ineligible for conditions in the region and the lack of [email protected]. benefits and may be treated as having • resources in some tropical areas to Fax: Submit comments by facsimile lower yields for future calculations of assess other kinds of losses. transmission to (202) 690–3646. eligibility. For covered crops, the crop • Mail: Send comments to John The tropical region is identified in the year would be the calendar year and Newcomer, Program Specialist, rule to include Hawaii and Puerto Rico, coverage would be for all plants existing Noninsured Crop Disaster Assistance Guam, the former Trust Territory of the during the calendar year. Accordingly, Program, Farm Service Agency, United Pacific Islands, the U.S. Virgin Islands, States Department of Agriculture and American Samoa. Outside of since the rule proposes that the new (USDA), STOP 0517, Room 3638–S, Hawaii and Puerto Rico, the extension provisions would begin with the ‘‘2006 1400 Independence Avenue, SW., of NAP to these areas is discretionary crops,’’ the coverage of the rule would Washington, DC 20250–0517. under the authority of Title 48 of the begin with those covered crops in the • Hand Delivery or Courier: Deliver United States Code, Chapter 10, Section ground on or after January 1, 2006. The comments to the above address. 1469d(c). The extension of the program rule would allow the agency to modify • Federal eRulemaking Portal: Go to to those areas is, under the statute, rules, to the extent otherwise permitted http://www.regulations.gov. Follow the subject to such additional limits on by law, if needed to provide for a online instructions for submitting eligibility as are determined to be reasonable transition to the new comments. appropriate. requirements.

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Public Comments Unfunded Mandates Reform Act of electronic, mechanical, or other 1995 technological collection techniques or A 30 day comment period is allowed. other forms of information technology. Because this rule is expected to reduce The rule contains no Federal mandates under the regulatory Comments should be sent to John paperwork for farmers, it has been Newcomer, Farm Service Agency, determined to delay the effective date of provisions of Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) United States Department of Agriculture the rule to allow for a longer comment (USDA), STOP 0517, Room 3638–S, period is unnecessary and contrary to for State, local, and tribal governments or the private sector. Thus, this rule is 1400 Independence Avenue, SW., the public interest. At the end of the Washington, DC 20250–0517. comment period it will be determined not subject to the requirements of whether the provisions should be made sections 202 and 205 of the UMRA. Executive Order 12612 final. Paperwork Reduction Act of 1995 This rule does not have sufficient Executive Order 12866 In accordance with the Paperwork Federalism implications to warrant the Reduction Act of 1995, FSA intends to preparation of a Federalism Assessment. This rule is issued in conformance request approval by OMB of a revision This rule will not have a substantial with Executive Order 12866, was to the information collection made by direct effect on States or their political determined to be not significant, and this proposed rule. Copies of the subdivisions or on the distribution of was not reviewed by the Office of information collection may be obtained power and responsibilities among the Management and Budget (OMB). from Linda Turner, the Agency various levels of government. ‘‘States’’ Regulatory Flexibility Act Information Collection Coordinator, by for this purpose included the 50 States calling (202) 690–1855. and other areas addressed in the rule. It has been determined that the Title: Noninsured Crop Disaster Government Paperwork Elimination Regulatory Flexibility Act is not Assistance Program. Act applicable to this rule because CCC is OMB Control Number: 0560–0175. FSA is committed to compliance with not required to publish a notice of Type of Request: Revision of a the Government Paperwork Elimination proposed rulemaking for the subject Currently Approved Information Act (GPEA) and the Freedom To E-File matter of this rule. Collection. Act, which require Government Abstract: 7 U.S.C. 7333 specifies that Environmental Assessment agencies in general and FSA in the Secretary (of Agriculture) shall particular to provide the public the The environmental impacts of this operate a noninsured crop disaster option of submitting information or rule have been considered consistent assistance program to provide coverage transacting business electronically to with the provisions of the National equivalent to the catastrophic risk the maximum extent possible. The Environmental Policy Act of 1969 protection otherwise available under 7 forms and other information collection (NEPA), 42 U.S.C. 4321 et seq., the U.S.C. 1508(b). Producers must submit activities required for participation in regulations of the Council on an application, pay a service fee, and the program are available electronically Environmental Quality (40 CFR parts provide annual records of crop acreage, for downloading or electronic 1500–1508), and the FSA regulations for yields, and production for each crop by submission through the USDA eForms compliance with NEPA, 7 CFR part 799. the designated acreage reporting date for Web site at http:// FSA has initiated the completion of an the crop and location, to be eligible for forms.sc.egov.usda.gov/eforms. environmental assessment (EA) to assistance. determine the potential impacts of this Estimate of Burden: Public reporting Federal Assistance Programs action upon the human and natural burden for this collection of information environments. A copy of the draft EA The title and number of the Federal is estimated to average 55 minutes per assistance program found in the Catalog will be made available to the public response. upon its completion. of Federal Domestic Assistance to which Respondents: Producers of crops and this final rule applies is Noninsured Executive Order 12988 agricultural commodities (except Assistance, 10–451. livestock). This rule has been reviewed in Estimated Number of Respondents: List of Subjects in 7 CFR Part 1437 accordance with Executive Order 12988. 291,500. Agricultural commodities, Disaster This rule preempts State and other local Estimated Number of Responses per assistance, Reporting and recordkeeping laws that are inconsistent with it. Before Respondent: 6. requirements. any legal action may be brought Estimated Total Annual Burden on Accordingly, for the reasons set forth regarding a determination under this Respondents: 2,140,000. in the preamble, it is proposed that 7 rule, the administrative appeal Proposed topics for comment include: CFR part 1437 be amended to read as provisions set forth at 7 CFR parts 11 (a) Whether the collection of follows: and 780 must be exhausted. information is necessary for the proper Executive Order 12372 performance of the functions of the PART 1437—NONINSURED CROP agency, including whether the DISASTER ASSISTANCE PROGRAM This program is not subject to the information will have practical utility; provisions of Executive Order 12372, (b) the accuracy of the agency’s estimate 1. The authority citation is revised to which require intergovernmental of burden including the validity of the read as follows: consultation with State and local methodology and assumptions used; (c) Authority: 7 U.S.C. 7333; 15 U.S.C. 714 et officials. ‘‘States’’ for this purpose ways to enhance the quality, utility, and seq.; and 48 U.S.C. 1469. included the 50 States and other areas clarity of the information collected; or 2. Add Subpart F to read as follows: addressed in the rule. See the notice (d) ways to minimize the burden of the related to 7 CFR part 3014, subpart V, collection of the information on those Subpart F—Determining Coverage in the published at 48 FR 29115 (June 24, who are to respond, including through Tropical Region 1983). the use of appropriate automated, Sec.

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1437.501 Applicability; definition of (b) The application closing date for all § 1437.504 Notice of loss for covered ‘‘tropical region’’ and other additional covered tropical crops is December 1 of tropical crops. definitions. the calendar year before the applicable (a) The provisions of § 1437.10(c) 1437.502 Coverage periods and fees for the regarding late filed notice of loss do not tropical region. crop year. 1437.503 Covered losses and recordkeeping (c) For covered tropical crops, per apply to covered tropical crops. requirements for the tropical region. crop year, a maximum service fee of (b) Where a notice of loss for covered tropical crops is provided according to 1437.504 Notice of loss for covered tropical $100.00 is required for coverage of: crops. § 1437.10, producers must provide 1437.505 Application for payment for the (1) For annual and biennial crops, all records, as maintained according to tropical region. plantings of the same crop planted § 1437.503(c) required by this subpart, during the crop year, as determined by of the: Subpart F—Determining Coverage in CCC. (1) Number of acres or other basis of the Tropical Region (2) For perennial crops, all acreage of measurement, as applicable, of the crop § 1437.501 Applicability; definition of the crop existing during the crop year, from which production could be ‘‘tropical region’’ and additional definitions. as determined by CCC. achieved existing on the day the eligible (a) This subpart shall only apply to (d)(1) Multiple planting periods and natural disaster occurred or, for covered tropical crops in the tropical final planting dates are not applicable prolonged natural disasters, such as a region for the 2006 and subsequent for covered tropical crops. However, drought and similar damage where crops years, as those terms are defined nothing in this section shall prohibit applicable, existing on the day the in this subpart, and benefits under this assigning different production notice of loss is filed. (2) Amount, including zero, as part may be extended to those crops expectations to different fields. applicable, of production harvested, only to the extent that they are (2) The coverage period for perennial before or after the disaster, from those otherwise eligible for assistance under and other crops covered by this subpart crop plantings (damaged or undamaged) this part. Covered crops shall not apply begins on January 1 of the relevant crop which were in existence on the farm at to ‘‘value loss’’ crops, as defined year and ends on December 31 of that the time of the disaster including elsewhere in this part. For those crops year. production from the covered plantings that are covered by this subpart, loss (in existence at the time of the loss determinations for the program covered § 1437.503 Covered losses and event) that may occur after the loss in this part shall be determined by the recordkeeping requirements for covered event even when, to the extent provided rules that otherwise apply to the tropical crops. for in paragraph (c) of this section, the program subject to the modifications (a) Prevented planting coverage is not harvest occurs after the end of the crop provided by this subpart. available for covered tropical crops, year. Crop acreage of the covered crop (b) For purposes of this subpart: other than in Hawaii and Puerto Rico, (1) Tropical region includes, as may that is in existence at the time of the loss except as approved by the Deputy event that can be harvested after the be further limited by the Deputy Administrator in special cases. Administrator: Hawaii, American eligible natural disaster must be Samoa, Guam, the U.S. Virgin Islands, (b) Except in Hawaii and Puerto Rico, harvested, or continue to be harvested, Puerto Rico, and the former Trust or as otherwise approved by the Deputy and the harvested acres and production Territory of the Pacific Islands (the Administrator in individual cases, reported to FSA according to this Commonwealth of the Northern Mariana eligible causes of loss for covered subpart, except that for perennial crops Islands, the Republic of the Marshall tropical crops will only include the requirement ends with the end of Islands, the Federated States of hurricanes, typhoons, and named the crop year. For non-perennial crops Micronesia, and the Republic of Palau). tropical storms. the obligation to harvest ends with the (2) 2006 and subsequent crops means (c) Producers who have applied for end of the life-cycle for the plantings those crops in the ground on or after coverage for covered tropical crops must that were in existence at the time of the January 1, 2006. maintain for the full coverage period loss event. (3) Covered tropical crops means contemporaneous records. (i) Except as otherwise determined by those crops and commodities in the Contemporaneous records are those the Farm Service Agency, such tropical region that are governed by this created at the time of planting and production, before or after the loss subpart those being all crops and harvesting of the crop for which the event, will be taken into account in commodities in the tropical region that application for coverage is filed and for computing eligibilities. are otherwise eligible for generating a such period of time as may follow the (ii) Production that must be reported benefit claim under this part, except for coverage period to the extent production under paragraph (b)(2)(i) of this section value-loss crops as defined elsewhere in during that additional period would includes, except in the case of perennial this part. count against a loss in the event that plants, all production irrespective of (c) To the extent determined there was or could have been such a whether the production occurs in the necessary by the Deputy Administrator, loss. same crop year. (iii) For perennial plants, only the Deputy Administrator may adjust (1) Producers may be selected on a requirements for assistance so as to production in the same crop year must random or targeted basis to check for be reported. provide a fair transition from previous compliance with this requirement and rules for crop covered by this subpart to (iv) All production that must be any other requirements that may apply reported for covered tropical crops will, those provisions which are provided for to this program. in this subpart. except as specified by the Deputy (2) A failure to maintain acceptable Administrator, be taken into account in § 1437.502 Coverage periods and fees for contemporaneous records throughout the loss determinations made under this the covered tropical crops. the crop year may be treated by the part. The producer is obligated to (a) The crop year for all covered Commodity Credit Corporation as maximize that production. That is, tropical crops is the calendar year grounds for ineligibility for benefits harvesting and other production (January 1 through December 31). under this part. activities for the plants in the ground at

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the time of the disaster must be Commonwealth of the Northern Mariana DATES: The public hearing originally undertaken or continue to be Islands, the Republic of the Marshall scheduled for Monday, October 3, 2005, undertaken, to the maximum extent Islands, the Federated States of at 10 a.m. is rescheduled for possible, for the full reporting period, Micronesia, and the Republic of Palau. Wednesday, November 16, 2005, at 10 that being the period for which (f) All crop acreage for covered a.m. Outlines of topics to be discussed production could count against a loss as tropical crops for which a notice of loss at the public hearing were due by indicated in this subpart. is filed must not be replanted or September 12, 2005. (3) Failure to keep sufficient records otherwise destroyed until authorized by to allow the computations provided for CCC. ADDRESSES: The public hearing is being in this subpart is grounds for denial of held in the IRS auditorium, 1111 § 1437.505 Application for payment for the Constitution Avenue NW., Washington, the claim. tropical region. (c) Producers with coverage of a DC. Due to building security (a) For producers of covered tropical covered tropical crop for a crop year procedures, visitors must enter at the crops in Guam, Virgin Islands, must, by the earlier of 90 calendar days Constitution Avenue entrance. after the crop year ends or the date a American Samoa, and the notice of loss is filed, file a certified Commonwealth of the Northern Mariana FOR FURTHER INFORMATION CONTACT: report setting out the: Islands, the Republic of the Marshall Richard A. Hurst, (202) 622–7180 (not a (1) Collective acres of the crop acreage Islands, the Federated States of toll-free number). planted or in the ground during the crop Micronesia, and the Republic of Palau, an application for payment must be SUPPLEMENTARY INFORMATION: A notice year. of proposed rulemaking and notice of (2) Total production harvested from filed at the same time as the filing of the public hearing appearing in the Federal the crop acreage for the full crop year notice of loss required under §§ 1437.10 Register on Wednesday, May 18, 2005 in the case of a perennial plant and for and 1437.504. the full life of the plants for other crops. (b) For producers in Puerto Rico and (70 FR 28743), announced that a public (d) With respect to the report required Hawaii, an application for payment for hearing on proposed regulations relating in paragraph (c) of this section: such crops must be filed by the later of: to circumstances under which a (1) If a report is filed before the end (1) The date on which the notice of partnership may take partner-level of the crop year, an updated crop report loss is filed in accordance with deductions and losses into account in must be filed within 90 days of the end §§ 1437.10 and 1437.502(i), and computing its withholding tax (2) The date of the completion of the of the crop year to supplement the obligation with respect to a foreign countable harvest of the specific crop original report; partner’s allocable share of effectively acreage that existed at the time of loss (2) If the report is for any annual or connected taxable income would be for which the notice of loss was filed. biennial crops where production held on Monday, October 3, 2005, continued or could have continued Signed in Washington, DC, September 14, beginning at 10 a.m. in the IRS 2005. beyond the period covered in the auditorium, 1111 Constitution Avenue reports otherwise filed under this James R. Little, NW., Washington, DC. section, an additional report of Executive Vice President, Commodity Credit production must be filed within 30 days Corporation. The date of the hearing has changed. of the end of the last countable [FR Doc. 05–19671 Filed 9–30–05; 8:45 am] The hearing is scheduled for production for the covered crop or 30 BILLING CODE 3410–05–U Wednesday, November 16, 2005, days after the last date on which such beginning at 10 a.m. in the IRS production could have been obtained, auditorium, 1111 Constitution Avenue whichever is later. DEPARTMENT OF THE TREASURY NW., Washington, DC. Because of the (3) A failure to file an adequate report controlled access restrictions, attendants where a report is required by this Internal Revenue Service will not be admitted beyond the lobby section may result in the producer being area of the Internal Revenue Building treated as having a zero yield capability 26 CFR Parts 1 and 301 until 9:30 a.m. The IRS will prepare an for the crop year involved for purposes [REG–108524–00] agenda showing the scheduling of the of constructing a crop history. speakers after the outlines are received Alternatively, the Deputy Administrator RIN 1545–BD80 from the persons testifying and make may assign another sanction for that Section 1446 Regulations; Withholding copies available free of charge at the failure. In addition to other sanctions as on Effectively-Connected Taxable hearing. may apply, a failure to file such reports Income Allocable to Foreign Partners; may be grounds for denial of a claim. Cynthia Grigsby, Hearing The Deputy Administrator may adjust Acting Chief, Publications and Regulations crop histories as determined appropriate AGENCY: Internal Revenue Service (IRS), Branch, Legal Processing Division, Associate to create, to the extent practicable, a fair Treasury. Chief Counsel (Procedures and crop history for loss computation ACTION: Change of date of public Administration). purposes. hearing. [FR Doc. 05–19623 Filed 9–30–05; 8:45 am] (4) Such reports as are provided for in BILLING CODE 4830–01–P this subsection must be filed for every SUMMARY: This document changes the crop year for which there is coverage, date of a public hearing on proposed irrespective of whether a claim is filed regulations relating to the circumstances for that year. under which a partnership may take (e) Unless otherwise specified by the partner-level deductions and losses into Deputy Administrator, appraisals are account in computing its withholding not required of crop acreage for covered tax obligation with respect to a foreign tropical crops on Guam, Virgin Islands, partner’s allocable share of effectively American Samoa, and the connected taxable income.

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DEPARTMENT OF HOMELAND document to which each comment Cape Fear River SECURITY applies, and give the reason for each comment. Please submit all comments The Cape Fear Memorial Bridge mile Coast Guard and related material in an unbound 26.8, in Wilmington, has a vertical format, no larger than 81⁄2 by 11 inches, clearance of 65 feet at mean high water 33 CFR Part 117 suitable for copying. If you would like and 68 feet at mean low water in the closed position to vessels. The existing [CGD05–05–102] a return receipt, please enclose a stamped, self-addressed postcard or regulation is listed at 33 CFR 117.5, RIN 1625–AA09 envelope. We will consider all which requires the bridge to open on submittals received during the comment signal. Drawbridge Operation Regulations; period. We may change this proposed Atlantic Intracoastal Waterway (AICW), Both the Tri-Span run and the rule in view of them. Cape Fear River, and Northeast Cape Battlefield Half Marathon, cross the Fear River, NC Public Meeting Cape Fear River Memorial Bridge in Wilmington. The Tri-Span run is held AGENCY: Coast Guard, DHS. We do not now plan to hold a public meeting. But you may submit a request on the second Saturday of July. To ACTION: Notice of proposed rulemaking. for a meeting by writing to Commander facilitate the race, the proposal will maintain the bridge in the closed-to- SUMMARY: The Coast Guard proposes to (obr), Fifth Coast Guard District at the change the drawbridge operation address under ADDRESSES explaining navigation position from 8 a.m. to 10 regulations of three North Carolina why one would be beneficial. If we a.m. on the second Saturday of July of Department of Transportation (NCDOT) determine that one would aid this every year. bridges: the S.R. 74 Bridge, across the rulemaking, we will hold one at a time The Battleship Half Marathon is held AICW mile 283.1 at Wrightsville Beach; and place announced by a later notice on the second Sunday of November. To the Cape Fear River Memorial Bridge, in the Federal Register. facilitate the marathon, the proposal mile 26.8, at Wilmington; and the Isabel Background and Purpose will maintain the bridge in the closed- S. Holmes (US 117) Bridge, at mile 1.0, to-navigation position from 7 a.m. to 11 across Northeast Cape Fear River at On behalf of the Young Men’s a.m. on the second Sunday of November Wilmington, North Carolina. This Christian Association (YMCA), NCDOT of every year. proposal will allow the bridges to requested changes to the operating remain in the closed position at drawbridge regulations to accommodate Northeast Cape Fear River the Tri-Span Run, Battleship Half particular dates and times to The Isabel S. Holmes Bridge, U.S. 17, accommodate road races, marathons and Marathon, and Triathlon Run. The races SR 133 at mile 1.0, in Wilmington has triathlons. Vessels that can pass under are annual events sponsored by the a vertical clearance of 26 feet at mean the bridges without a bridge opening YMCA, attracting spectators and high water and 30 feet at mean low may do so at all times. participants from the surrounding cities water in the closed position to vessels. DATES: Comments and related material and states. In accordance with 33 CFR 117.37(a) The existing regulation is listed at 33 must reach the Coast Guard on or before for reasons of public safety or for public CFR 117.829. November 17, 2005. functions, the District Commander may ADDRESSES: You may mail comments Both the Tri-Span run and the authorize the opening and closing of a Battlefield Half Marathon, cross the and related material to Commander drawbridge for a specified period of (obr), Fifth Coast Guard District, Federal Isabel S. Holmes Memorial Bridge in time. Wilmington. The Tri-Span run is held Building, 1st Floor, 431 Crawford Street, NCDOT who owns and operates the on the second Saturday of July. To Portsmouth, VA 23704–5004. The Fifth S.R. 74 Bridge across the AICW mile facilitate the race, the proposal will Coast Guard District maintains the 283.1 at Wrightsville Beach; the Cape maintain the bridge in the closed-to- public docket for this rulemaking. Fear River Memorial Bridge mile 26.8 Comments and material received from across the Cape Fear River, at navigation position from 8 a.m. to 10 the public, as well as documents Wilmington, North Carolina; and the a.m. on the second Saturday of July of indicated in this preamble as being Isabel S. Holmes Bridge mile 1.0 (US every year. available in the docket, will become part 117, across Northeast Cape Fear River at The Battleship Half Marathon is held of this docket and will be available for Wilmington, North Carolina, requested on the second Sunday of November of inspection or copying at Commander the following drawbridge changes: every year. To facilitate the marathon, (obr), Fifth Coast Guard District between the proposal will maintain the bridge in Atlantic Intracoastal Waterway 8 a.m. and 4 p.m., Monday through the closed-to-navigation position from 7 Friday, except Federal holidays. The S.R. 74 Bridge, at AICW mile a.m. to 11 a.m. on the second Sunday FOR FURTHER INFORMATION CONTACT: Gary 283.1 at Wrightsville Beach, has a of November of every year. Heyer, Bridge Management Specialist, vertical clearance of 20 feet at mean Fifth Coast Guard District, at (757) 398– high water and 24 feet at mean low The Coast Guard believes that the 6629. water in the closed position to vessels. proposed changes are reasonable due to SUPPLEMENTARY INFORMATION: The existing operating regulations are the short duration that the drawbridges set out in 33 CFR 117.821(a)(5). will be maintained in the closed Request for Comments The Triathlon race is held on the third position to vessels, because these events We encourage you to participate in Saturday in September of every year have been observed in past years with this rulemaking by submitting with the fourth Saturday used as the little or no impact to marine or comments and related material. If you alternate day. To facilitate the race, the vehicular traffic. It is also a necessary do so, please include your name and proposal will maintain the bridge in the measure to facilitate public safety that address, identify the docket number for closed-to-navigation position from 7 allows for the orderly movement of this rulemaking CGD05–05–102, a.m. to 11 a.m. on the third and fourth participants and vehicular traffic before, indicate the specific section of this Saturday in September of every year. during and after the races.

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Discussion of Proposed Rule accordance with the scheduled bridge Federalism, if it has a substantial direct openings to minimize delays. effect on State or local governments and Atlantic Intracoastal Waterway would either preempt State law or Small Entities This proposed rule amends 33 CFR impose a substantial direct cost of 117.821 by revising paragraph (a)(5), Under the Regulatory Flexibility Act compliance on them. We have analyzed which details the operating regulations (5 U.S.C. 601–612), we have considered this proposed rule under that Order and for the S.R. 74 Bridge. whether this proposed rule would have have determined that it does not have Paragraph § 117.821 (a)(5) will be a significant economic impact on a implications for federalism. amended to allow the S.R. 74 Bridge to substantial number of small entities. remain in the closed position from 7 The term‘‘small entities’’ comprises Unfunded Mandates Reform Act a.m. to 11 a.m. on the third and fourth small businesses, not-for-profit The Unfunded Mandates Reform Act Saturday in September of every year. organizations that are independently of 1995 (2 U.S.C. 1531–1538) requires owned and operated and are not Federal agencies to assess the effects of Neuse River dominant in their fields, and their discretionary regulatory actions. In Section 117.823 Neuse River will be governmental jurisdictions with particular, the Act addresses actions redesignated as § 117.824 to allow populations of less than 50,000. that may result in the expenditure by a alphabetical placement and codification The Coast Guard certifies under 5 State, local, or tribal government, in the of Cape Fear River at § 117.823. U.S.C. 605(b) that this proposed rule aggregate, or by the private sector of Cape Fear River would not have a significant economic $100,000,000 or more in any one year. impact on a substantial number of small Though this proposed rule will not Cape Fear River will be added at new entities. result in such an expenditure, we do new § 117.823, detailing the operating This proposed rule would not have a discuss the effects of this rule elsewhere regulations and allowing the Cape Fear significant economic impact on a in this preamble. Memorial Bridge to remain in the substantial number of small entities closed-to-navigation position from 8 because the rule only adds minimal Taking of Private Property a.m. to 10 a.m. on the second Saturday restrictions to the movement of This proposed rule would not affect a of July of every year, and from 7 a.m. to navigation, and mariners who plan their taking of private property or otherwise 11 a.m. on the second Sunday of transits in accordance with the have taking implications under November of every year. The current scheduled bridge openings can Executive Order 12630, Governmental operating regulations set out in 33 CFR minimize delay. Actions and Interference with 117.5 require the drawbridge to open on If you think that your business, Constitutionally Protected Property signal when a request to open is given. organization, or governmental Rights. Northeast Cape Fear River jurisdiction qualifies as a small entity and that this rule would have a Civil Justice Reform This proposed rule amends 33 CFR significant economic impact on it, This proposed rule meets applicable 117.829 by revising paragraph (a), please submit a comment (see standards in sections 3(a) and 3(b)(2) of which details the operating regulations ADDRESSES) explaining why you think it Executive Order 12988, Civil Justice for the Isabel S. Holmes Bridge. qualifies and how and to what degree Reform, to minimize litigation, A new paragraph will be added to this rule would economically affect it. eliminate ambiguity, and reduce 117.829, which allows the Isabel S. burden. Holmes Bridge to remain in the closed Assistance for Small Entities position from 8 a.m. to 10 a.m. on the Under section 213(a) of the Small Protection of Children second Saturday of July of every year, Business Regulatory Enforcement We have analyzed this proposed rule and from 7 a.m. to 11 a.m. on the second Fairness Act of 1996 (Pub. L. 104–121), under Executive Order 13045, Sunday of November of every year. we want to assist small entities in Protection of Children from Regulatory Evaluation understanding this proposed rule so that Environmental Health Risks and Safety they can better evaluate its effects on Risks. This rule is not an economically This proposed rule is not a them and participate in the rulemaking. significant rule and would not create an ‘‘significant regulatory action’’ under If the rule would affect your small environmental risk to health or risk to section 3(f) of Executive Order 12866, business, organization, or governmental safety that might disproportionately Regulatory Planning, and Review, and jurisdiction and you have questions affect children. does not require an assessment of concerning its provisions or options for Indian Tribal Governments potential costs and benefits under compliance, please contact Waverly W. section 6(a)(3) of that Order. The Office Gregory, Jr., Bridge Administrator, Fifth This proposed rule does not have of Management and Budget has not Coast Guard District, (757) 398–6222. tribal implications under Executive reviewed it under that Order. It is not The Coast Guard will not retaliate Order 13175, Consultation and ‘‘significant’’ under the regulatory against small entities that question or Coordination with Indian Tribal policies and procedures of the complain about this rule or any policy Governments, because it would not have Department of Homeland Security or action of the Coast Guard. a substantial direct effect on one or (DHS). more Indian tribes, on the relationship We expect the economic impact of Collection of Information between the Federal Government and this proposed rule to be so minimal that This proposed rule would call for no Indian tribes, or on the distribution of a full Regulatory Evaluation under the new collection of information under the power and responsibilities between the regulatory policies and procedures of Paperwork Reduction Act of 1995 (44 Federal Government and Indian tribes. DHS is unnecessary. We reached this U.S.C. 3501–3520.). conclusion based on the fact that the Energy Effects proposed changes have only a minimal Federalism We have analyzed this proposed rule impact on maritime traffic transiting the A rule has implications for federalism under Executive Order 13211, Actions bridge. Mariners can plan their trips in under Executive Order 13132, Concerning Regulations That

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Significantly Affect Energy Supply, PART 117 DRAWBRIDGE LIBRARY OF CONGRESS Distribution, or Use. We have OPERATION REGULATIONS determined that it is not a ‘‘significant Copyright Office energy action’’ under that order because 1. The authority citation for part 117 it is not a ‘‘significant regulatory action’’ continues to read as follows: 37 CFR Part 201 under Executive Order 12866 and is not Authority: 33 U.S.C. 499; Department of [Docket No. RM 2005–11] likely to have a significant adverse effect Homeland Security Delegation No. 0170.1; 33 on the supply, distribution, or use of CFR 1.05–1(g); section 117.255 also issued Exemption to Prohibition on energy. The Administrator of the Office under the authority of Pub. L. 102–587, 106 Circumvention of Copyright Protection of Information and Regulatory Affairs Stat. 5039. Systems for Access Control has not designated it as a significant Technologies energy action. Therefore, it does not 2. Section 117.821 is amended by require a Statement of Energy Effects revising paragraph (a)(5) to read as AGENCY: Copyright Office, Library of under Executive Order 13211. follows: Congress. ACTION: Notice of inquiry. Technical Standards § 117.821 Atlantic Intracoastal Waterway, Albermarle Sound to Sunset Beach. SUMMARY: The Copyright Office of the The National Technology Transfer Library of Congress is preparing to (a) * * * and Advancement Act (NTTAA) (15 conduct proceedings in accordance with U.S.C. 272 note) directs agencies to use (5) S.R. 74 Bridge, mile 283.1, at section 1201(a)(1) of the Copyright Act, voluntary consensus standards in their Wrightsville Beach, NC, between 7 a.m. which was added by the Digital regulatory activities unless the agency and 7 p.m., the draw need only open on Millennium Copyright Act and which provides Congress, through the Office of the hour; except that from 7 a.m. to 11 provides that the Librarian of Congress Management and Budget, with an a.m. on the third and fourth Saturday in may exempt certain classes of works explanation of why using these September of every year, the draw need from the prohibition against standards would be inconsistent with not open for vessels due to the Triathlon circumvention of technological applicable law or otherwise impractical. run. measures that control access to Voluntary consensus standards are * * * * * copyrighted works. The purpose of this technical standards (e.g., specifications rulemaking proceeding is to determine of materials, performance, design, or § 117.823 [Redesignated] whether there are particular classes of operation; test methods; sampling works as to which users are, or are procedures; and related management 3. Redesignate § 117.823 as § 117.824. likely to be, adversely affected in their systems practices) that are developed or 4. Add new § 117.823 to read as ability to make noninfringing uses due adopted by voluntary consensus follows: to the prohibition on circumvention. standards bodies. This notice requests written comments § 117.823 Cape Fear River. This proposed rule does not use from all interested parties, including technical standards. Therefore, we did The draw or the Cape Fear Memorial representatives of copyright owners, not consider the use of voluntary Bridge, mile 26.8, at Wilmington need educational institutions, libraries and consensus standards. not open for the passage of vessel from archives, scholars, researchers and 8 a.m. to 10 a.m. on the second Saturday members of the public, in order to elicit Environment of July of every year, and from 7 a.m. to evidence on whether noninfringing uses of certain classes of works are, or are We have analyzed this proposed rule 11 a.m. on the second Sunday of November of every year. likely to be, adversely affected by this under Commandant Instruction prohibition on the circumvention of M16475.lD, which guides the Coast 5. Section 117.829 is amended by measures that control access to Guard in complying with the National adding a new paragraph (a)(4) to read as copyrighted works. Environmental Policy Act of 1969 follows: DATES: Written comments are due by (NEPA)(42 U.S.C. 4321–4370f), and December 1, 2005. Reply comments are have concluded that there are no factors § 117.829 Northeast Cape Fear River due by February 2, 2006. in this case that would limit the use of (a) * * * a categorical exclusion under section ADDRESSES: Electronic submissions 2.B.2 of the Instruction. Therefore, this (4) From 8 a.m. to 10 a.m. on the must be made through the Copyright proposed rule is categorically excluded, second Saturday of July of every year, Office website: http:// under figure 2–1, paragraph (32)(e) of and from 7 a.m. to 11 a.m. on the second www.copyright.gov/1201/ the Instruction, from further Sunday of November of every year, the commentlforms; see section 3 of the environmental documentation because draw need not open for vessels. SUPPLEMENTARY INFORMATION it has been determined that the * * * * * section for file formats and other information about electronic and non– promulgation of operating regulations Dated: September 20, 2005. for drawbridges are categorically electronic filing requirements. excluded. S.H. Ratti, Addresses for nonelectronic Captain, U. S. Coast Guard, Acting submissions are as follows: If hand List of Subjects in 33 CFR Part 117 Commander, Fifth Coast Guard District. delivered by a private party, deliver to [FR Doc. 05–19664 Filed 9–30–05; 8:45 am] Room LM–401 of the James Madison Bridges. BILLING CODE 4910–15–P Memorial Building between 8:30 a.m. Regulations and 5 p.m. and the envelope should be addressed as follows: Office of the For the reasons discussed in the General Counsel, U.S. Copyright Office, preamble, the Coast Guard proposes to James Madison Memorial Building, amend 33 CFR part 117 as follows: Room LM–401, 101 Independence

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Avenue, SE., Washington, DC 20559– Congress made an initial determination sections 1201(a)(2) and 1201(b), 6000. If hand delivered by a commercial as to classes of works to be exempted respectively. In addition to these courier, any comment must be delivered from the prohibition for the first prohibitions, section 1201 also includes to the Congressional Courier Acceptance triennial period. Exemption to a series of section–specific limitations Site located at Second and D Streets, Prohibition on Circumvention of and exemptions to the prohibitions of NE., Washington, DC, between 8:30 a.m. Copyright Protection Systems for Access section 1201. and 4 p.m. The envelope should be Control Technologies, 65 FR 64556, The Anticircumvention Provision At addressed as follows: Copyright Office 64564 (2000) (hereinafter Final Reg. Issue General Counsel, Room LM–403, James 2000). The exemptions promulgated by Madison Memorial Building, 101 the Librarian in the first rulemaking Subsection 1201(a)(1) applies when a Independence Avenue, SE., Washington remained in effect through October 27, person who is not authorized by the DC. If delivered by means of the United 2003. On October 28, 2003, the copyright owner to gain access to a work States Postal Service (see section 3 of Librarian of Congress announced the does so by circumventing a the SUPPLEMENTARY INFORMATION second determination as to classes of technological measure put in place with about mail screening and possible works to be exempted from the the authority of the copyright owner to delays), address to David O. Carson, prohibition. Exemption to Prohibition control access to the work. See the General Counsel, Copyright GC/I&R, PO on Circumvention of Copyright Report of the House Committee on Box 70400, Washington, DC 20024– Protection Systems for Access Control Commerce on the Digital Millennium 0400. See SUPPLEMENTARY Technologies, 68 FR 62011, 62013 Copyright Act of 1998, H.R. Rep. No. INFORMATION section for information (2003) (hereinafter Final Reg. 2003). The 105–551, pt. 2, at 36 (1998) (hereinafter about requirements and formats of four exemptions created in the second Commerce Comm. Report). submissions. Comments may not be anticircumvention rulemaking will be in That section provides that ‘‘No person delivered by means of overnight effect through October 27, 2006 and any shall circumvent a technological delivery services such as Federal exemptions promulgated as a result of measure that effectively controls access Express, United Parcel Service, etc., due the third anticircumvention rulemaking to a work protected under this title.’’ 17 to delays in processing receipt of such will take effect the next day for a 3–year U.S.C. 1201(a)(1)(A) (1998). deliveries. period lasting through October 27, 2009. The relevant terms are defined: Both determinations by the Librarian of (3) As used in this subsection– FOR FURTHER INFORMATION CONTACT: Rob Congress were made upon the (A) to ‘‘circumvent a technological Kasunic, Principal Legal Advisor, Office recommendation of the Register of measure’’ means to descramble a of the General Counsel, Copyright GC/ Copyrights following extensive scrambled work, to decrypt an I&R, PO Box 70400, Washington, DC rulemaking proceedings. This notice encrypted work, or otherwise to avoid, 20024–0400. Telephone (202) 707–8380; announces the initiation of the third bypass, remove, deactivate, or impair a telefax (202) 707–8366. section 1201 rulemaking required under technological measure, without the SUPPLEMENTARY INFORMATION: 17 U.S.C. 1201(a)(1)(C). authority of the copyright owner; and 1. Mandate for Rulemaking Proceeding (B) a technological measure 2. Background ‘‘effectively controls access to a work’’ The Digital Millennium Copyright Title I of the Digital Millennium if the measure, in the ordinary course of Act, Pub. L. 105–304 (1998), amended Copyright Act was, inter alia, the its operation, requires the application of title 17 of the United States Code to add congressional fulfillment of obligations information, or a process or a treatment, a new Chapter 12, which among other of the United States under the WIPO with the authority of the copyright things prohibits circumvention of access Copyright Treaty and the WIPO owner, to gain access to the work. control technologies employed by or on Performances and Phonograms Treaty. 17 U.S.C. 1201(a)(3). behalf of copyright owners to protect For additional information on the Scope of the Rulemaking their works. Specifically, subsection historical background and the legislative 1201(a)(1)(A) provides, inter alia, that history of Title I, see Exemption to The statutory focus of this rulemaking ‘‘No person shall circumvent a Prohibition on Circumvention of is limited to one subsection of section technological measure that effectively Copyright Protection Systems for Access 1201: the prohibition on the conduct of controls access to a work protected Control Technologies, 64 FR 66139, circumvention of technological under this title.’’ 66140 (1999) [http://www.loc.gov/ measures that control access to Subparagraph (B) limits this copyright/fedreg/1999/64fr66139.html]. copyrighted works. 17 U.S.C. prohibition. It provides that prohibition Section 1201 of title 17 of the United 1201(a)(1)(C) [http:// against circumvention ‘‘shall not apply States Code prohibits two general types www.copyright.gov/title17/ to persons who are users of a of activity: (1) the conduct of 92chap12.htmlι1201]. The Librarian of copyrighted work which is in a ‘‘circumvention’’ of technological Congress has no authority to limit either particular class of works, if such protection measures that control access of the anti–trafficking provisions persons are, or are likely to be in the to copyrighted works and (2) trafficking contained in subsections 1201(a)(2) or succeeding 3–year period, adversely in any technology, product, service, 1201(b). 17 U.S.C. 1201(a)(1)(E). affected by virtue of such prohibition in device, component, or part thereof that Moreover, for a proposed exemption to their ability to make noninfringing uses protects either ‘‘access’’ to a copyrighted be considered in this rulemaking, there of that particular class of works under work or that protects the ‘‘rights of the must be a causal connection between this title’’ as determined in this copyright owner,’’ if that device or the prohibition in 1201(a)(1) and the rulemaking. This prohibition on service meets one of three conditions. adverse effect on noninfringing uses. circumvention became effective two The first type of activity, the conduct of This rulemaking addresses only the years after the date of enactment, on circumvention, is prohibited in section prohibition on the conduct of October 28, 2000. 1201(a)(1). The latter activities, circumventing measures that control At the end of the 2–year period trafficking in devices or services that ‘‘access’’ to copyrighted works,e.g., between the enactment and effective circumvent ‘‘access’’ or ‘‘the rights of prohibiting unauthorized decryption of date of the provision, the Librarian of the copyright owner’’ are contained in an encrypted work or bypassing

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passwords used to restrict access to exemption bear the burden of proof that protecting access was the cause of the copyrighted works. The structure of an exemption is warranted for a harm and that the adversely affected use section 1201 is such that there exists no particular class of works and that the was, in fact, noninfringing. ‘‘Likely’’ comparable prohibition on the conduct prohibition is presumed to apply to all adverse effects may also support an of circumventing technological classes of works unless an adverse exemption. This standard of measures that protect the ‘‘rights of the impact has been shown. See Commerce ‘‘likelihood’’ requires proof that adverse copyright owner’’ in 1201(b), e.g., the Comm. Report, at 37 and see also, Final effects are more likely than not to occur. section 106 rights to reproduce, adapt, Reg. 2000, at 64558. Claims based on ‘‘likely’’ adverse effects distribute, publicly perform, or publicly Some have objected to the Register’s cannot be supported by speculation display a work. Circumventing a use of a standard that requires a alone. The House Manager’s Report technological measure that protects showing of a ‘‘substantial’’ adverse stated that an exemption based on these section 106 rights of the copyright effect on noninfringing uses, and have ‘‘likely’’ future adverse impacts during owner is governed not by section 1201, asserted that the Register has increased the applicable period should only be but rather by the traditional copyright the evidentiary standard higher than the made ‘‘in extraordinary circumstances rights and the applicable limitations in statutory requirement. In the most in which the evidence of likelihood is the Copyright Act. For example, if a recent rulemaking in 2003, the Register highly specific, strong and persuasive.’’ person circumvents a measure that addressed this criticism and found it to Staff of House Committee on the prohibits printing or saving an be misplaced, noting that Judiciary, 105th Cong., Section–By– electronic copy of an article, there is no Use of the term ‘‘substantial’’ does not Section Analysis of H.R. 2281 as Passed provision in section 1201 that precludes impose a ‘‘heightened’’ requirement; it by the United States House of this activity. Instead, it would be imposes the requirement found throughout Representatives on August 4, 1998, the legislative history, which is variously actionable as copyright infringement of (hereinafter House Manager’s Report), at the section 106 right of reproduction stated as ‘‘substantial adverse impact,’’ ‘‘distinct, verifiable, and measurable 6. This statement could be interpreted unless an applicable limitation applied, impacts,’’ and more than ‘‘de minimis as raising the burden beyond a standard e.g., fair use. Since section 1201 impacts.’’ As is apparent from the of a preponderance of the evidence. The contains no prohibition on the dictionary definition of ‘‘substantial,’’ and statutory language enacted, however, – circumvention of technological the Supreme Court’s treatment of the term ‘‘whether persons who are users of a measures that protect the ‘‘rights of the (e.g., in its articulation of the substantial copyrighted work are, or are likely to be copyright owner,’’ sometimes referred to evidence rule), requiring that one’s proof in the succeeding 3–year period, as ‘‘use’’ or ‘‘copy’’ control measures, be ‘‘substantial’’ simply means that it must adversely affected by the prohibition’’ – have substance. any effect these measures may have on does not specify a standard beyond noninfringing uses would not be Final Reg. 2003, at 62013. Whatever label one uses, proponents mere likelihood and thus the attributable to a section 1201 preponderance standard will be applied prohibition. of an exemption bear the burden of providing sufficient evidence under the by the Register. Nevertheless, as the On the other hand, because there is a Register’s final recommendation of 2000 prohibition on the act of circumventing foregoing standards to support an exemption. How much evidence is explained, the expectation of ‘‘distinct, a technological measure that controls verifiable and measurable impacts’’ in access to a work, and since traditional sufficient will vary with the factual context of the alleged harm. Further, the legislative history as to actual harm Copyright Act limitations are not suggests that conjecture alone would be defenses to the act of circumventing a proof of harm is never the only insufficient to support a finding of technological measure that controls consideration in the rulemaking ‘‘likely’’ adverse effect. Final Reg. 2000, access, Congress chose to create the process, and therefore the sufficiency of at 64559. Although a showing of current rulemaking proceeding as a the harm will always be relative to other ‘‘likely’’ adverse impact will necessarily ‘‘fail–safe mechanism’’ to monitor the considerations, such as, the availability involve prediction, the burden of effect of the anticircumvention of the affected works for use, the proving that the expected adverse effect provision in 1201(a)(1)(A). Commerce availability of the works for nonprofit is more likely than other possible Comm. Report, at 36. This archival, preservation, and educational outcomes rests firmly on the proponent anticircumvention rulemaking is purposes, the impact that the of the exemption. authorized to monitor the effect of the prohibition has on criticism, comment, prohibition on ‘‘access’’ circumvention news reporting, teaching, scholarship, The identification of existing or likely on noninfringing uses of copyrighted or research, the effect of circumvention problems is not, however, the end of the works. In this triennial rulemaking on the market for or value of analysis. In order for an exemption of a proceeding, effects on noninfringing copyrighted works, and any other particular class of works to be uses that are unrelated to section relevant factors. warranted, a proponent must show that 1201(a)(1)(A) may not be considered. 17 In order to meet the burden of proof, such problems warrant an exemption in U.S.C. 1201(a)(1)(C). proponents of an exemption must light of all of the relevant facts. The provide evidence either that actual harm identification of isolated or anecdotal Burden of Proof exists or that it is ‘‘likely’’ to occur in problems will be generally insufficient In the first rulemaking, the Register the ensuing 3–year period. Actual to warrant an exemption of a class of concluded from the language of the instances of verifiable problems works. Similarly, the mere fact that the statute and the legislative history that a occurring in the marketplace are digital format would be more determination to exempt a class of generally necessary in order to prove convenient to use for noninfringing works from the prohibition on actual harm. The most compelling cases purposes is generally insufficient factual circumvention must be based on a of actual harm will be based on first– support for an exemption. Further, showing that the prohibition has or is hand knowledge of such problems. purely theoretical critiques of Section likely to have a substantial adverse Circumstantial evidence may also 1201 will never satisfy the requisite effect on noninfringing uses of a support a claim of present or likely showing. House Manager’s Report, at 6. particular class of works. It was harm, but such evidence must also Proponents of exemptions must show determined that proponents of an reasonably demonstrate that a measure sufficient harm to warrant an exemption

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from the default rule established by that a work may be accessed (time– for all literary works to be adversely Congress – the prohibition in limited) or may limit the scope of access affected by the prohibition and circumvention. (scope–limited), e.g., access to only a therefore, determining an appropriate There is a presumption that the § 1201 portion of work, those limitations may subcategory of the works in this prohibition will apply to any and all benefit the public by providing ‘‘use– category would be the goal of the classes of works, including previously facilitating’’ models that allow users to rulemaking. Id. exempted classes, unless a new showing obtain access to works at a lower cost The Register concluded that the is made that an exemption is warranted. than they would otherwise be able to starting point for identifying a particular Final Reg. 2000, at 64558. Exemptions obtain were such restrictions not in ‘‘class of works’’ to be exempted must are reviewed de novo and prior place. If there is sufficient evidence that be one of the section 102 categories. exemptions will expire unless sufficient particular classes of works would not be Final Reg. 2000, at 64559–64561. From new evidence is presented in each offered at all without the protection that starting point, it is likely that the rulemaking that the prohibition has or is afforded by technological protection scope or boundaries of a particular class likely to have an adverse effect on measures that control access, this would need to be further limited to noninfringing uses. The facts and evidence must be considered. House remedy the particular harm to argument that supported an exemption Manager’s Report, at 6. Accord, Final noninfringing uses identified in the during any given 3–year period may be Reg. 2000, at 64559. Thus, the Register’s rulemaking. insufficient within the context of the inquiry must assess any benefits to the As a result of the Register’s marketplace in a different 3–year public resulting from the prohibition as recommendation in 2003,the Librarian period. Similarly, proposals that were well as the adverse effects that may be of Congress decided that four classes of not found to warrant an exemption in established. works should be exempted: any particular rulemaking could find (1) Compilations consisting of lists of Internet factual support in the context of another The Scope of the Term ‘‘Class of Works’’ locations blocked by commercially rulemaking. Section 1201 does not define a critical marketed filtering software applications term for the rulemaking process: ‘‘class that are intended to prevent access to Availability of Works in Unprotected of works.’’ In the first rulemaking, the domains, websites or portions of websites, Formats Register elicited views on the scope and but not including lists of Internet locations Other statutory considerations must meaning of this term. After review of the blocked by software applications that also be balanced with evidence of operate exclusively to protect against statutory language, the legislative damage to a computer or a computer adverse effects attributable to the history and the extensive record in the network or lists of Internet locations prohibition. In making her proceeding [see Final Reg. 2000, at blocked by software applications that recommendation to the Librarian, the 64557 for a description of the record in operate exclusively to prevent receipt of Register is instructed to consider the the 2000 rulemaking proceeding], the email. availability for use of copyrighted Register reached certain conclusions on (2) Computer programs protected by dongles works. 17 U.S.C. 1201(a)(1)(C)(i). This the scope of this term and requested that prevent access due to malfunction or inquiry demands that the Register further congressional guidance. [For a damage and which are obsolete. consider whether ‘‘works’’ protected by more detailed discussion, see Final Reg. (3) Computer programs and video games technological measures that control 2000, at 64559.] distributed in formats that have become access are also available in the The Register found that the statutory obsolete and which require the original media or hardware as a condition of access. marketplace in formats that are language required that the Librarian A format shall be considered obsolete if the unprotected. The fact that a ‘‘work’’ (in identify ‘‘classes of works’’ based upon machine or system necessary to render contrast to a particular ‘‘copy’’ of a attributes of the works themselves, and perceptible a work stored in that format is work) is available in a format without not by reference to some external no longer manufactured or is no longer technological protection measures may criteria such as the intended use or reasonably available in the commercial be significant because the unprotected users of the works. The phrase ‘‘class of marketplace. formats might allow the public to make works’’ connotes that the shared, (4) Literary works distributed in ebook format noninfringing uses of the work even common attributes of the ‘‘class’’ relate when all existing ebook editions of the though other formats of the work would to the nature of authorship in the work (including digital text editions made not. For example, in the first ‘‘works.’’ Thus, a ‘‘class of works’’ was available by authorized entities) contain access controls that prevent the enabling of rulemaking, many users claimed that intended to be a ‘‘narrow and focused the ebook’s read–aloud function and that the technological measures on motion subset of the broad categories of works prevent the enabling of screen readers to pictures contained on Digital Versatile of authorship * * * identified in render the text into a specialized format. Disks (DVDs) restricted noninfringing section 102.’’ Commerce Comm. Report, Commenters should familiarize uses of the motion pictures. A balancing at 38. The starting point for a proposed themselves with the Register’s consideration was that the record exemption of a particular class of works recommendation in the prior revealed that at that time, the vast must be the section 102 categories of rulemaking proceedings, since many of majority of these works were also authorship: literary works; musical the issues addressed may provide available in analog format on VHS tapes. works; dramatic works; pantomimes and guidance for current showings either for Final Reg. 2000, at 64568. Thus, the full choreographic works; pictorial, graphic or against an exemption. range of availability of a work for use is and sculptural works; motion pictures This notice requests written necessary to consider in assessing the and other audiovisual works; sound comments from all interested parties. In need for an exemption to the recordings; and architectural works. addition to the necessary showing prohibition on circumvention. This determination is supported by discussed above, in order to make a Another consideration relating to the the House Manager’s Report, which prima facie case for a proposed availability for use of copyrighted works discussed the importance of exemption, at least three critical points is whether the measure supports a appropriately defining the proper scope should be established. distribution model that benefits the of the exemption. House Manager’s First, a proponent must attempt to public generally. For example, while a Report, at 7. The legislative history identify the specific technological measure may limit the length of time stated that it would be highly unlikely measure that is the causal source of the

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alleged problem, and show why that the commenter should first identify that that comments and reply comments be technological measure ‘‘effectively class, followed by a summary of the submitted in electronic form. However, controls access to a [copyrighted] argument in favor of exempting that the Office recognizes that persons may work.’’ proposed class. The commenter should be unable to submit their comments Second, a proponent must specifically then specify the facts and evidence through the Office’s website or to explain what noninfringing activity the providing a basis for this exemption. deliver their comments in person. prohibition is adversely affecting. Finally, the commenter should state any Therefore, comments may also be Third, a proponent must establish that legal arguments in support of the delivered through the United States the prevented activity is, in fact, a exemption. This format of class/ Postal Service, addressed to the General noninfringing use under current law. summary/facts/argument should be Counsel, Copyright GC/I&R, PO Box The nature of the Librarian’s inquiry sequentially followed for each class of 70400, Southwest Station, Washington, is further delineated by the statutory work proposed as necessary. DC 20024–0400. Due to mail screening areas to be examined: As discussed above, the best evidence on Capitol Hill and possible delays in (i) the availability for use of copyrighted in support of an exemption would delivery, submission by means of the works; consist of concrete examples or specific United States Postal Service is (ii) the availability for use of works for instances in which the prohibition on discouraged and there is a risk that the nonprofit archival, preservation, and circumvention of technological comment will not be received at the educational purposes; measures protecting access has had or is Copyright Office in time to be (iii) the impact that the prohibition on the likely to have an adverse effect on circumvention of technological measures considered. Electronic filing or hand– applied to copyrighted works has on noninfringing uses. It would also be delivery will help insure timely receipt criticism, comment, news reporting, useful for the commenter to quantify the of comments by the Office. Electronic teaching, scholarship, or research; adverse effects in order to explain the comments successfully submitted (iv) the effect of circumvention of scope of the present or likely problem. through the Office’s website will technological measures on the market for In the reply comments, persons who generate a confirmation receipt to the or value of copyrighted works; and oppose or support any exemptions submitter and submitters hand– (v) such other factors as the Librarian proposed in the initial comments will delivering comments may request a date considers appropriate. have the opportunity to respond to the stamp on an extra copy provided by the 17 U.S.C. 1201(a)(1)(C). proposals made in the initial comments submitter. These statutory considerations require and to provide factual information and examination and careful balancing. The legal argument addressing whether or Submission of Comments harm identified by a proponent of an not a proposed exemption should be Comments may be submitted in the exemption must be balanced against the adopted. Since the reply comments are following ways: If submitted through harm that would result from an intended to be responsive to the initial the Copyright Office’s website: The exemption. In certain circumstances, an comments, reply commenters must Copyright Office’s website will contain exemption could have a greater adverse identify which proposal(s) they are a submission page at: http:// effect on the public than would the responding to, whether in opposition, www.copyright.gov/1201/ adverse effects on noninfringing uses support, amplification or correction. As commentlforms. Approximately thirty identified. The ultimate determination with initial comments, reply comments days prior to each applicable deadline of the Librarian must take all of these should first identify the proposed class (see DATES), the form page will be factors into consideration. Therefore, a to which the reply is responsive, activated on the Copyright Office commenter’s analysis should also provide a summary of the argument, and website allowing information to be address these considerations. then provide the factual and/or legal entered into the required fields, For the entire record of the two support for their argument. This format including the name of the person previous anticircumvention of class/summary/facts and/or legal making the submission, mailing rulemakings, including all comments, argument should be repeated for each address, telephone number, and email testimony and notices published, see reply to a particular class of work address. There will also be non– the Copyright Office’s website at: http:// proposed. required fields for, e.g., the commenter’s www.loc.gov/copyright/1201/. The Copyright Office intends to place title, the organization that the the comments and reply comments that commenter is representing, whether the 3. Written Comments are submitted in this proceeding on its commenter is likely to request to testify In the first rulemaking, the Register public website (http:// at public hearings and if so, whether the determined that the burden of proof is www.copyright.gov/1201).1 Regardless commenter is likely to prefer to testify on the proponent of an exemption to of the mode of submission, all in Washington, DC or a location in come forward with evidence supporting comments must, at a minimum, contain California. For initial comments, there an exemption for a particular class of the legal name of the submitter and the will be two additional fields required: 1) works. In this third triennial entity, if any, on whose behalf the the proposed class or classes of rulemaking, the Register shall continue comment was submitted. If persons do copyrighted work(s) to be exempted, with the procedure adopted in the not wish to have their address, and 2) a brief summary of the second rulemaking: Comments telephone number, or email address argument(s). For reply comments, there submitted in the initial comment period publicly displayed on the Office’s will be two similar required fields: 1) should be confined to proposals for website, comments should not include the class or classes to which the reply exempted classes. They should such information on the document itself is responsive, including the initial specifically identify particular classes of but should only include the legal name comment numbers, and 2) a brief works adversely affected by the of the commenter. The Office prefers summary of the argument. prohibition and provide evidentiary The comment or reply comment itself support for the need for the proposed 1 If a comment includes attached material that must be sent as an attachment, and must exemptions. appears to be protected by copyright and there is be in a single file in either Adobe no indication that the material was attached with For each particular class of works that permission of the copyright owner, the attached Portable Document File (PDF) format a commenter proposes for exemption, material will not be placed on the Office’s website. (preferred), Microsoft Word Version

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2003 or earlier, WordPerfect 9.0 or General Requirements for all new information will be made available earlier, Rich Text Format (RTF), or submissions: All submissions (in either after the deadlines specified. A petition, ASCII text file format. There will be a electronic or non–electronic form including proposed new classes of browse button on the form that will delivered through the website, by means works to be exempted, must be in allow submitters to attach the comment of the United States Postal Service by writing and must set forth the reasons file to the form and then to submit the hand–delivery or by courier) must why the information could not have completed form to the Office. The contain on the comment itself, the name been made available earlier and why it personal information entered into the of the person making the submission should be considered by the Register required fields on the form page will not and his or her title and affiliation, if the after the deadline. A petition must also be publicly posted on the Copyright comment is being submitted on behalf be accompanied by fifteen copies of any Office website, but the Office intends to of that organization. The mailing new proposed exemption that includes post on its website the proposed class address, telephone number, telefax the proposed class of works to be and the summary of the argument, as number, if any, and email address need exempted, a summary of the argument, well as the entire, attached comment not be included on the comment itself, the factual basis for such an exemption document. Only the commenter’s name but must be included in some form, e.g., and the legal argument supporting such is required on the comment document on the website form or in a cover letter an exemption. These materials must be itself and a commenter who does not with the submission. All submissions delivered to the Copyright Office at the want other personal information posted must also include the class/summary/ address listed above. The Register will on the Office’s website should avoid factual and/or legal argument format in make a determination whether to accept including other private information on the comment itself for each class of such a petition based on the stage of the the comment itself. Except in work proposed or for each reply to a rulemaking process at which the request exceptional circumstances, changes to proposal. is made and the merits of the petition. the submitted comment will not be Initial comments and reply comments If a petition is accepted, the Register allowed and it will become a part of the will be accepted for a 30–day period in will announce deadlines for comments permanent public record of this each round, and a form will be placed in response to the petition. rulemaking. on the Copyright Office website at least 30 days prior to the deadline for Dated: September 27, 2005 If by means of the United States Marybeth Peters, Postal Service or hand delivery: Send, to submission. Initial comments will be accepted from November 2, 2005 until Register of Copyrights. the appropriate address listed above, December 1, 2005, at 5:00 P.M. Eastern [FR Doc. 05–19721 Filed 9–30–05; 8:45 am] two copies, each on a 3.5–inch write– Standard Time, at which time the BILLING CODE 1410–33–S protected diskette or CD–ROM, labeled submission form will be removed from with the legal name of the person the website. Reply comments will be making the submission and the entity accepted from January 4, 2006 until on whose behalf the comment was February 2, 2006, at 5:00 P.M. Eastern ENVIRONMENTAL PROTECTION submitted, if any. The document itself Standard Time. AGENCY must be in a single file in either Adobe Portable Document File (PDF) format 4. Hearings and Further Comments 40 CFR Parts 52 and 62 (preferred), Microsoft Word Version The Register also plans on holding [R07–OAR–2005–MO–0006; FRL–7978–2] 2003 or earlier, WordPerfect Version 9 public hearings in the Spring after or earlier, Rich Text Format (RTF), or receipt of the comments and reply Partial Approval and Partial ASCII text file document. If the comments. The tentative dates for the Disapproval of Implementation Plans; comment is hand delivered or mailed to Washington, DC hearings are currently State of Missouri the Office and the submitter does not March 29 and 31, 2006, and April 3 and wish to have the address, telephone 4, 2006, and the hearings most likely AGENCY: Environmental Protection number, or email address publicly will take place in the James Madison Agency (EPA). displayed on the Office’s website, the Memorial Building of the Library of ACTION: Proposed rule. comment should not include such Congress in Washington, DC. The dates information on the document itself, but and location of hearings for the West SUMMARY: This action proposes to only the name and affiliation, if any, of Coast have yet to be decided. A separate partially approve and partially the commenter. In that case, a cover notice for details on all hearings in this disapprove a State Implementation Plan letter should be included with the rulemaking proceeding will be (SIP) submission by the state of comment that contains the commenter’s published at a later time in the Federal Missouri which revises the Restriction address, phone number, email address, Register and on the Copyright Office’s of Emission of Sulfur Compounds rule. and for initial comments, the proposed website. In order to assist the Copyright The Missouri rule establishes general class of copyrighted work to be Office in identifying the number of days requirements for emissions of sulfur exempted and a brief summary of the for hearings, the comment and reply compounds from various source argument. comment form page will contain non– categories, and establishes specific Anyone who is unable to submit a required fields asking whether the emissions requirements for certain comment in electronic form (on the commenter is likely to request to testify named sources. website as an attachment or by means of and if so, in which location. Formal We propose to approve most of the the United States Postal Service or hand requests to testify will be solicited early revisions to the rule because they delivery on disk or CD–ROM) should in 2006. involve clarifications, updates, and submit an original and fifteen paper To provide sufficient flexibility in this other improvements to the current rule. copies by hand or by means of the proceeding, in the event that unforeseen This proposed action does not include United States Postal Service to the developments occur that would a portion of the rule that regulates appropriate address listed above. It may significantly affect the Register’s ambient concentrations of sulfur not be feasible for the Office to place recommendation, an opportunity to compounds, because this provision is these comments on its website. petition the Register for consideration of not in the current SIP, and we do not

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directly enforce Missouri’s Air Quality available on the Internet. If you submit Each state must submit these Standards. an electronic comment, EPA regulations and control strategies to us We propose to disapprove revisions to recommends that you include your for approval and incorporation into the two source-specific references because name and other contact information in Federally-enforceable SIP. the state has not demonstrated that the the body of your comment and with any Each Federally-approved SIP protects revisions are protective of the short-term disk or CD–ROM you submit. If EPA air quality primarily by addressing air SO2 National Ambient Air Quality cannot read your comment due to pollution at its point of origin. These Standards (NAAQS). technical difficulties and cannot contact SIPs can be extensive, containing state DATES: Comments must be received on you for clarification, EPA may not be regulations or other enforceable or before November 2, 2005. able to consider your comment. documents and supporting information such as emission inventories, ADDRESSES: Submit your comments, Electronic files should avoid the use of monitoring networks, and modeling identified by Regional Material in special characters, any form of demonstrations. EDocket (RME) ID Number R07–OAR– encryption, and be free of any defects or 2005–MO–0006, by one of the following viruses. What Is the Federal Approval Process Docket. All documents in the methods: for a SIP? electronic docket are listed in the RME 1. Federal eRulemaking Portal: index at http://docket.epa.gov/rmepub/. In order for state regulations to be http://www.regulations.gov. Follow the Although listed in the index, some incorporated into the Federally- on-line instructions for submitting information is not publicly available, enforceable SIP, states must formally comments. i.e., CBI or other information whose adopt the regulations and control 2. Agency Web site: http:// strategies consistent with state and docket.epa.gov/rmepub/. RME, EPA’s disclosure is restricted by statute. Certain other material, such as Federal requirements. This process electronic public docket and comment generally includes a public notice, system, is EPA’s preferred method for copyrighted material, is not placed on the Internet and will be publicly public hearing, public comment period, receiving comments. Once in the and a formal adoption by a state- system, select ‘‘quick search,’’ then key available only in hard copy form. Publicly available docket materials are authorized rulemaking body. in the appropriate RME Docket Once a state rule, regulation, or identification number. Follow the on- available either electronically in RME or in hard copy at the Environmental control strategy is adopted, the state line instructions for submitting submits it to us for inclusion into the comments. Protection Agency, Air Planning and Development Branch, 901 North 5th SIP. We must provide public notice and 3. E-mail: [email protected]. seek additional public comment 4. Mail: Amy Algoe-Eakin, Street, Kansas City, Kansas. EPA requests that you contact the person regarding the proposed Federal action Environmental Protection Agency, Air on the state submission. If adverse Planning and Development Branch, 901 listed in the FOR FURTHER INFORMATION CONTACT section to schedule your comments are received, they must be North 5th Street, Kansas City, Kansas addressed prior to any final Federal 66101. inspection. The interested persons wanting to examine these documents action by us. 5. Hand Delivery or Courier: Deliver All state regulations and supporting your comments to Amy Algoe-Eakin, should make an appointment with the office at least 24 hours in advance. information approved by EPA under Environmental Protection Agency, Air section 110 of the CAA are incorporated FOR FURTHER INFORMATION CONTACT: Planning and Development Branch, 901 into the Federally-approved SIP. North 5th Street, Kansas City, Kansas Amy Algoe-Eakin at (913) 551–7942, or Records of such SIP actions are 66101. by e-mail at [email protected]. maintained in the Code of Federal Instructions: Direct your comments to SUPPLEMENTARY INFORMATION: Regulations (CFR) at title 40, part 52, RME ID Number R07–OAR–2005–MO Throughout this document whenever entitled ‘‘Approval and Promulgation of 0006. EPA’s policy is that all comments ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean Implementation Plans.’’ The actual state received will be included in the public EPA. This section provides additional regulations which are approved are not docket without change and may be information by addressing the following reproduced in their entirety in the CFR made available online at http:// questions: outright but are ‘‘incorporated by docket.epa.gov/rmepub, including any What is a SIP? reference,’’ which means that we have personal information provided, unless What is the Federal approval process for a approved a given state regulation with the comment includes information SIP? a specific effective date. claimed to be Confidential Business What does Federal approval or disapproval of Information (CBI) or other information a state regulation mean to me? What Does Federal Approval or whose disclosure is restricted by statute. What is being addressed in this document? Disapproval of a State Regulation Mean Have the requirements for approval of a SIP to me? Do not submit information that you revision been met? consider to be CBI or otherwise What action is EPA proposing? Enforcement of the state regulation protected through RME, regulations.gov, before and after it is incorporated into or e-mail. The EPA RME Web site and What Is a SIP? the Federally-approved SIP is primarily the Federal regulations.gov Web site are Section 110 of the Clean Air Act (CAA a state responsibility. However, after the ‘‘anonymous access’’ systems, which or Act) requires states to develop air regulation is Federally approved, we are means EPA will not know your identity pollution regulations and control authorized to take enforcement action or contact information unless you strategies to ensure that state air quality against violators. Citizens are also provide it in the body of your comment. meets the NAAQSs established by EPA. offered legal recourse to address If you send an e-mail comment directly These ambient standards are established violations as described in section 304 of to EPA without going through RME or under section 109 of the CAA, and they the CAA. If a state regulation is regulations.gov, your e-mail address currently address six criteria pollutants. disapproved, it is not incorporated into will be automatically captured and These pollutants are: carbon monoxide, the Federally-approved SIP, and is not included as part of the comment that is nitrogen dioxide, ozone, lead, enforceable by EPA or by citizens under placed in the public docket and made particulate matter, and sulfur dioxide. section 304. In the case of a revision to

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a Federally-approved state regulation, 110(a)(2)(A) of the CAA requires, in CAA, including section 110 and disapproval of the revision means that part, that the plan include emission implementing regulations. However, as the underlying state regulation prior to limitations to meet the requirements of also explained below, and in the the state’s revision remains as the the Act, including the requirement in technical support document, EPA Federally enforceable requirement. Section 110(a)(1) that the plan must be believes that portions of the revision do adequate to attain and maintain ambient What Is Being Addressed in This not meet the requirements of section air quality standards. In addition, 40 Document? 110 and implementing regulations. CFR 51.112 requires that the plan We are proposing to approve the demonstrate that rules contained in the What Action Is EPA Proposing? Missouri Department of Natural SIP are adequate to attain the ambient Resources’ (MDNR) request to include, air quality standards. We believe that Section 110(k)(3) of the CAA states as a revision to Missouri’s SIP, these requirements have not been met that EPA may partially approve and amendments to rule 10 CSR 10–6.260, with respect to the Hawthorn and partially disapprove a SIP submittal if it Restriction of Emission of Sulfur Montrose Station limits. We note that finds that only a portion of the submittal Compounds. We are also proposing to the Hawthorn unit is subject to a meets the requirements of the Act. We approve changes to this rule as an Federally-enforceable state permit believe that a portion of the Missouri amendment to the 111(d) plan which which limits sulfur emissions to .12 rule revision meets the requirements of will replace the current rule for sulfuric pounds per million BTU heat input on the CAA, and that two specific acid mist production. This rule was a thirty-day rolling average basis. provisions of the revision do not. adopted by the Missouri Air However, although the facility must Because the portions proposed for Conservation Commission on February comply with this more stringent limit disapproval are independent from those 3, 2004, and became effective under (and all other units listed in the rule proposed for approval, we believe that state law on May 30, 2004. This rule must comply with more stringent limits Missouri rule, 10 CSR 10–6.260, was submitted to EPA on June 14, 2004, established in permits), the SIP must Restriction of Emission of Sulfur and included comments on the rule reflect requirements that ensure Compounds, can be partially approved during the state’s adoption process, the attainment and maintenance of the and partially disapproved. We are also state’s response to comments and other NAAQS. The state rule, with respect to proposing approval of the revisions to information necessary to meet EPA’s the Hawthorn and Montrose Station the 111(d) plan for sulfuric acid mist completeness criteria. For additional facilities, does not reflect such production. information on completeness criteria, requirements. For these reasons, we propose to the reader should refer to 40 CFR part We believe that the revisions, 51, appendix V. contained in Section (3), Table 1, approve all revisions to Missouri rule, The revisions to Missouri rule, 10 regarding sulfur dioxide emission rates 10 CSR 10–6.260, Restriction of CSR 10–6.260, Restriction of Emission for these plants, which were made as a Emission of Sulfur Compounds with of Sulfur Compounds, update the rule to result of comments provided during the two exceptions. EPA does not intend to correct inaccurate and regulated source public comment period, are not act on renumbered subsection (3)(B), information, provide an exemption for protective of the short-term sulfur Restriction of Concentration of Sulfur natural gas fueled combustion, and dioxide NAAQS. Although the emission Compounds in Ambient Air, since the clarify the exemption for source rates for both facilities have been underlying subsection is not in the categories subject to a new source lowered, the averaging time for the rates current SIP. The second exception is the performance standard to assure that has been dramatically increased, from a revision of the emission limits and such sources are subject to sulfur limits. three-hour average to an annual average. changes to the averaging time for each In this rule revision, Missouri also Missouri has not provided a limit from a three-hour average to an revised provisions relating to sulfuric demonstration, as required by the CAA annual average for two of the utilities acid mist production, previously and EPA regulations, that the standards listed in the rule. We believe that the approved by EPA under section 111(d). and, particularly, the three-hour and the revisions contained in section (3) Table These provisions were renumbered but twenty-four hour standards can be 1, regarding the SO2 emission rate for not otherwise changed. By renumbering protected by an annual emission limit. the Kansas City Power & Light the rule, Missouri will have given the In addition, because Missouri’s Hawthorn plant, and the revision 111(d) plan a new effective date that proposed rule contained a three-hour contained in section (3) Table 1, will be reflected in 40 CFR part 62. As averaging time, the change increasing regarding the Kansas City Power & Light such, EPA is proposing to approve the emission limits to the annual Montrose Station, should not be Section (3)(A)1,2,3 and 4 into the 111(d) averaging time was not subject to public approved because they are not plan. In addition, we are not acting on notice and comment. consistent with the requirements of the renumbered Section (3)(B), titled CAA. Disapproval of these revisions Restriction of Concentration of Sulfur Have the Requirements for Approval of a SIP Revision Been met? would not trigger sanctions under Compounds in Ambient Air, as EPA section 179 of the Act, because the Except as noted above, the state does not directly enforce Missouri’s air revisions are not required by Part D of submittal has met the public notice quality standards. Title I of the CAA and are not required We are also proposing partial requirements for SIP submissions in by a call for a SIP revision under section disapproval of revisions to Missouri accordance with 40 CFR 51.102. The rule, 10 CSR 10–6.260, Restriction of submittal also satisfied the 110(k)(5) of the CAA. The emission Emission of Sulfur Compounds. We completeness criteria of 40 CFR part 51, limits in the current SIP for these units believe that revisions to Section (3), appendix V. In addition, as explained would remain as the Federally-approved Table 1, regarding the emission rate for below and in more detail in the SIP obligations. the Kansas City Power & Light’s technical support document that is part With the exception of the revisions to Hawthorn and Montrose Station of this document, EPA believes that the source-specific limits described facilities are not consistent with the portions of the revision meet the above, EPA believes the remainder of requirements of the CAA. Section substantive SIP requirements of the the revisions are approvable.

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Statutory and Executive Order Reviews distribution of power and ENVIRONMENTAL PROTECTION Under Executive Order 12866 (58 FR responsibilities established in the CAA. AGENCY 51735, October 4, 1993), this proposed This proposed rule also is not subject to action is not a ‘‘significant regulatory Executive Order 13045 ‘‘Protection of 40 CFR Part 63 action’’ and therefore is not subject to Children from Environmental Health [OAR–2002–0084; FRL–7978–5] review by the Office of Management and Risks and Safety Risks’’ (62 FR 19885, RIN 2060–AN38 Budget. For this reason, this action is April 23, 1997), because it is not also not subject to Executive Order economically significant. National Emission Standards for 13211, ‘‘Actions Concerning Regulations In reviewing SIP submissions, EPA’s Hazardous Air Pollutants for That Significantly Affect Energy Supply, role is to approve state choices, Secondary Aluminum Production Distribution, or Use’’ (66 FR 28355, May provided that they meet the criteria of AGENCY: Environmental Protection 22, 2001). This proposed action merely the CAA. In this context, in the absence proposes to approve state law as Agency (EPA). of a prior existing requirement for the meeting Federal requirements and ACTION: Proposed rule; amendments. State to use voluntary consensus imposes no additional requirements beyond those imposed by state law. standards (VCS), EPA has no authority SUMMARY: The EPA is proposing Accordingly, the Administrator certifies to disapprove a SIP submission for amendments to the national emission that the proposed approvals in this failure to use VCS. It would thus be standards for hazardous air pollutants proposed rule will not have a significant inconsistent with applicable law for (NESHAP) for secondary aluminum economic impact on a substantial EPA, when it reviews a SIP submission, production, which were issued on number of small entities under the to use VCS in place of a SIP submission March 23, 2000 under section 112 of the Regulatory Flexibility Act (5 U.S.C. 601 that otherwise satisfies the provisions of Clean Air Act (CAA), and amended on et seq.). The proposed partial the CAA. Thus, the requirements of December 30, 2002. This action disapproval will not affect any existing section 12(d) of the National proposes to correct a punctuation error state requirements applicable to small Technology Transfer and Advancement in the definition of ‘‘clean charge’’ and entities. Federal disapproval of the state Act of 1995 (15 U.S.C. 272 note) do not a typographical error in the operating submittal does not affect its state- apply. This proposed rule does not temperature of a scrap dryer/ enforceability. Moreover, EPA’s partial impose an information collection delacquering kiln/decoating kiln disapproval of the submittal does not burden under the provisions of the afterburner. impose a new Federal requirement. Paperwork Reduction Act of 1995 (44 In the Rules and Regulations section Therefore, the Administrator certifies U.S.C. 3501 et seq.). of this Federal Register, we are taking that this proposed disapproval action direct final action on the proposed does not have a significant impact on a List of Subjects amendments because we view the amendments as noncontroversial, and substantial number of small entities 40 CFR Part 52 under the Regulatory Flexibility Act (5 we anticipate no adverse comments. We U.S.C. 601 et seq.). Because this rule Environmental protection, Air have explained our reasons for the proposes to approve pre-existing pollution control, Carbon monoxide, proposed amendments in the preamble requirements under state law and does Incorporation by reference, to the direct final rule. not impose any additional enforceable Intergovernmental relations, Lead, If we receive no adverse comments, we will take no further action on the duty beyond that required by state law, Nitrogen dioxide, Ozone, Particulate proposed amendments. If we receive it does not contain any unfunded matter, Reporting and recordkeeping adverse comments, we will withdraw mandate or significantly or uniquely requirements, Sulfur oxides, Volatile the amendments. We will publish a affect small governments, as described organic compounds. in the Unfunded Mandates Reform Act timely withdrawal in the Federal of 1995 (Pub. L. 104–4). 40 CFR Part 62 Register indicating that the amendments This proposed rule also does not have are being withdrawn. If the direct final tribal implications because it will not Environmental protection, Air rule amendments in the Rules and have a substantial direct effect on one or pollution control, Intergovernmental Regulations section of this Federal more Indian tribes, on the relationship relations, Reporting and recordkeeping Register are withdrawn, all comments between the Federal Government and requirements, Sulfur oxides, Sulfuric will be addressed in a subsequent final Indian tribes, or on the distribution of acid plants, Waste treatment and action based on the proposed power and responsibilities between the disposal. amendments. We will not institute a second comment period on the Federal Government and Indian tribes, Dated: September 23, 2005. as specified by Executive Order 13175 subsequent final action. Any parties James B. Gulliford, (65 FR 67249, November 9, 2000). This interested in commenting must do so at action also does not have Federalism Regional Administrator, Region 7. this time. implications because it does not have [FR Doc. 05–19711 Filed 9–30–05; 8:45 am] The regulatory text for the proposal is substantial direct effects on the States, BILLING CODE 6560–50–P identical to that for the direct final rule on the relationship between the national published in the Rules and Regulations government and the States, or on the section of this Federal Register. For distribution of power and further supplementary information, see responsibilities among the various the direct final rule. levels of government, as specified in DATES: Comments. Written comments Executive Order 13132 (64 FR 43255, must be received by November 2, 2005, August 10, 1999). This action merely unless a public hearing is requested by proposes to approve a state rule October 13, 2005. If a hearing is implementing a Federal standard, and requested, written comments must be does not alter the relationship or the received by November 17, 2005. Public

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Hearing. If anyone contacts EPA claimed to be confidential business the Internet and will be publicly requesting to speak at a public hearing information (CBI) or other information available only in hard copy form. by October 13, 2005, we will hold a whose disclosure is restricted by statute. Publicly available docket materials are public hearing on October 18, 2005. Do not submit information that you available either electronically in ADDRESSES: Submit your comments, consider to be CBI or otherwise EDOCKET or in hard copy at the EPA identified by Docket ID No. OAR–2002– protected through EDOCKET, Docket Center, Docket ID No. 0084, by one of the following methods: regulations.gov, or e-mail. Send or OAR 2002–0084, EPA West Building, • Federal eRulemaking Portal: http:// deliver information identified as CBI Room B–102, 1301 Constitution Ave., www.regulations.gov. Follow the on-line only to the following address: Mr. NW., Washington, DC. The Public instructions for submitting comments. Roberto Morales, OAQPS Document Reading Room is open from 8:30 a.m. to • Agency Website: http:// Control Officer, EPA (C404–02), 4:30 p.m., Monday through Friday, www.epa.gov/edocket. EDOCKET, EPA’s Attention Docket ID No. OAR 2002– excluding legal holidays. The telephone electronic public docket and comment 0084, Research Triangle Park, NC 27711. number for the Public Reading Room is system, is EPA’s preferred method for Clearly mark the part or all of the (202) 566–1744, and the telephone receiving comments. Follow the on-line information that you claim to be CBI. number for the EPA Docket Center is instructions for submitting comments. The EPA EDOCKET and the Federal (202) 566–1742. A reasonable fee may • E-mail: [email protected] and regulations.gov Web sites are be charged for copying docket materials. ‘‘anonymous access’’ systems, which [email protected]. Public Hearing. If a public hearing is • Fax: (202) 566–1741 and (919) 541– means EPA will not know your identity held, it will be held at 10 a.m. at the 5600. or contact information unless you EPA’s Environmental Research Center • Mail: U.S. Postal Service, send provide it in the body of your comment. Auditorium, Research Triangle Park, comments to: EPA Docket Center If you send an e-mail comment directly NC, or at an alternate site nearby. (6102T), Attention Docket ID No. OAR– to EPA without going through Persons interested in presenting oral 2002–0084, 1200 Pennsylvania Avenue, EDOCKET or regulations.gov, your e- testimony or inquiring as to whether a NW., Washington, DC 20460. Please mail address will be automatically hearing is to be held should contact Ms. include a duplicate copy, if possible. captured and included as part of the Janet Eck, EPA, Office of Air Quality We request that a separate copy also be comment that is placed in the public sent to the contact person listed below docket and made available on the Planning and Standards, Emission Standards Division, Coatings and (see FOR FURTHER INFORMATION CONTACT). Internet. If you submit an electronic • Hand Delivery: In person or by comment, EPA recommends that you Consumer Products Group (C539–03), courier, deliver comments to: EPA include your name and other contact Research Triangle Park, NC 27711; Docket Center (6102T), Attention Docket information in the body of your telephone number (919) 541–7946; e- ID No. OAR–2002–0084, 1301 comment and with any disk or CD ROM mail address: [email protected], at least Constitution Avenue, NW., Room B– you submit. If EPA cannot read your 2 days in advance of the potential date 108, Washington, DC 20004. Such comment due to technical difficulties of the public hearing. Persons interested deliveries are only accepted during the and cannot contact you for clarification, in attending the public hearing must Docket’s normal hours of operation, and EPA may not be able to consider your also call Ms. Eck to verify the time, date, special arrangements should be made comment. Electronic files should avoid and location of the hearing. for deliveries of boxed information. the use of special characters, any form FOR FURTHER INFORMATION CONTACT: Mr. Please include a duplicate copy, if of encryption, and be free of any defects Rick Colyer, EPA, Office of Air Quality possible. We request that a separate or viruses. For additional information Planning and Standards, Emission copy also be sent to the contact person about EPA’s public docket, visit Standards Division, Minerals and listed below (see FOR FURTHER EDOCKET on-line or see the Federal Inorganic Chemicals Group, Emission INFORMATION CONTACT). Register of May 31, 2002 (67 FR Standards Division (C504–05), Research Instructions: Direct your comments to 38102).Docket: All documents in the Triangle Park, NC 27711; telephone Docket ID No. OAR–2002–0084. The docket are listed in the EDOCKET index number (919) 541–5262; facsimile EPA’s policy is that all comments at http://www.epa.gov/edocket. number (919) 541–5600; electronic mail received will be included in the public Although listed in the index, some address: [email protected]. docket without change and may be information is not publicly available, made available online at http:// i.e., CBI or other information whose SUPPLEMENTARY INFORMATION: www.epa.gov/edocket, including any disclosure is restricted by statute. Regulated Entities. Categories and personal information provided, unless Certain other material, such as entities potentially regulated by this the comment includes information copyrighted material, is not placed on action include:

TABLE 1.—REGULATED CATEGORIES AND ENTITIES

Category NAICS 1 Examples of regulated entities

Industry ...... 331314 Secondary smelting and alloying of aluminum facilities. Secondary aluminum production facility affected sources that are collocated at: 331312 Primary aluminum production facilities. 331315 Aluminum sheet, plate, and foil manufacturing facilities. 331316 Aluminum extruded product manufacturing facilities. 331319 Other aluminum rolling and drawing facilities. 331521 Aluminum die casting facilities. 331524 Aluminum foundry facilities. 1 North American Industry Classification System.

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This table is not intended to be school district or special district with a do not provide an adequate basis for exhaustive, but rather provides a guide population of less than 50,000; and (3) distinguishing these pipelines from for readers regarding entities likely to be a small organization that is any not-for- production facilities and transmission regulated by this action. To determine profit enterprise that is independently lines. In addition, PHMSA is proposing whether your facility is regulated by this owned and operated and is not to establish safety standards for certain action, you should examine the dominant in its field. higher-risk onshore gathering lines, and applicability criteria in 40 CFR 63.1500 After considering the economic to relax current standards on certain of the final rule. If you have any impacts of today’s proposed low-risk onshore gathering lines. questions regarding the applicability of amendments on small entities, I certify (Onshore gathering lines in inlets of the this action to a particular entity, contact that this action would not have a Gulf of Mexico are not affected by this the person listed in the preceding FOR significant economic impact on a rulemaking.) Operators would use a new FURTHER INFORMATION CONTACT section. substantial number of small entities. risk-based approach to determine which Worldwide Web (WWW). In addition to The proposed amendments will not of its gathering lines are ‘‘regulated being available in the docket, an impose any requirements on small onshore gathering lines’’ and what electronic copy of today’s proposal will entities. The proposed amendment in safety standards the lines must meet. At also be available on the WWW through today’s action would improve the present, PHMSA’s safety standards do the Technology Transfer Network emission standards by correcting a not apply to onshore gathering lines in (TTN). Following signature, a copy of definitional error. We continue to be rural locations, while onshore gathering this action will be posted on the TTN’s interested in the potential impacts of the lines in non-rural locations must meet policy and guidance page for newly proposed amendments on small entities the same requirements as transmission proposed rules at http://www.epa.gov/ and welcome comments on issues lines. This regulatory approach is ttn/oarpg/. The TTN provides related to such impacts. insufficient to assure that conditions on information and technology exchange in List of Subjects in 40 CFR Part 63 gathering lines that pose a greater risk various areas of air pollution control. to the public and property are Environmental protection, Air Statutory and Executive Order Reviews addressed. And it does not take into pollution control, Hazardous account the lower risk some other For information regarding other substances, Reporting and gathering lines pose. The intended administrative requirements for this recordkeeping requirements. effects of the proposed rules are action, please see the direct final rule Dated: September 27, 2005. improved identification of gathering action that is located in the Rules and lines, improved public confidence in Regulations section of today’s Federal Stephen L. Johnson, the safety of gathering lines, and safety Register. Administrator. [FR Doc. 05–19714 Filed 9–30–05; 8:45 am] requirements better tailored to gathering Regulatory Flexibility Act BILLING CODE 6560–50–P line risks. The Regulatory Flexibility Act (RFA) DATES: Persons interested in submitting generally requires an agency to prepare written comments on the rules proposed a regulatory flexibility analysis of any DEPARTMENT OF TRANSPORTATION in this notice must do so by January 3, rule subject to notice and comment 2006. Late filed comments will be rulemaking requirements under the Pipeline and Hazardous Materials considered so far as practicable. Administrative Procedure Act or any Safety Administration ADDRESSES: Comments should reference other statute unless the agency certifies Docket No. RSPA–1998–4868 and may that the rule will not have a significant 49 CFR Part 192 be submitted in the following ways: • economic impact on a substantial [Docket No. RSPA–1998–4868; Notice 5] DOT Web site: http://dms.dot.gov. number of small entities. Small entities To submit comments on the DOT include small businesses, small RIN 2137–AB15 electronic docket site, click ‘‘Comment/ organizations, and small governmental Submissions,’’ click ‘‘Continue,’’ fill in jurisdictions. Gas Gathering Line Definition; the requested information, click For purposes of assessing the impacts Alternative Definition for Onshore ‘‘Continue,’’ enter your comment, then of today’s proposed amendments on Lines and Proposed Safety Standards click ‘‘Submit.’’ small entities, a small entity is defined AGENCY: Pipeline and Hazardous • Fax: 1–202–493–2251. as: (1) A small business that is primarily Materials Safety Administration • Mail: Docket Management System: engaged in secondary aluminum (PHMSA), U.S. Department of U.S. Department of Transportation, 400 production according to Small Business Transportation (DOT). Seventh Street, SW., Nassif Building, Administration (SBA) size standards by ACTION: Supplemental notice of Room PL–401, Washington, DC 20590– NAICS code (in this case, less than 500 proposed rulemaking. 0001. employees for affected businesses • Hand Delivery: DOT Docket classified in NAICS codes 331314, SUMMARY: On September 25, 1991, DOT Management System; Room PL–401 on Secondary Smelting and Alloying of published a notice of proposed the plaza level of the Nassif Building, Aluminum, 331521, Aluminum Die- rulemaking to revise the definition of 400 Seventh Street, SW., Washington, castings, and 331524, Aluminum ‘‘gathering line’’ in its gas pipeline DC between 9 a.m. and 5 p.m., Monday Foundries; less than 750 employees for safety standards. Because the proposal through Friday, except Federal holidays. businesses in NAICS codes 331315, proved controversial, final action was • E-Gov Web Site: http:// Aluminum Sheet, Plate, and Foil, and postponed pending collection of www.Regulations.gov. This site allows 331316, Aluminum Extruded Products; additional information. In this the public to enter comments on any and less than 1,000 employees for Supplemental Notice of Proposed Federal Register notice issued by any businesses in NAICS code 331312, Rulemaking (SNPRM), PHMSA is agency. Primary Aluminum Production); (2) a proposing use of a consensus standard Instructions: You should identify the small governmental jurisdiction that is a to distinguish onshore gathering lines. docket number, RSPA–1998–4868, at government of a city, county, town, PHMSA’s gas pipeline safety standards the beginning of your comments. If you

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submit your comments by mail, you defined. Operators and government where the gathering line ended. Another should submit two copies. If you wish inspectors must interpret the term NAPSR member indicated continuing to receive confirmation that PHMSA ‘‘production facility’’ to determine disagreements over the classification of received your comments, you should whether a downstream pipeline is a various segments of pipeline operated include a self-addressed stamped gathering line. In the absence of a by one of the largest gas gathering line postcard. Internet users may submit definition, their interpretations vary. operators in the United States. comments at http:// Second, although a ‘‘transmission line In 1991, boosted by the NAPSR www.regulations.gov, and may access all or main’’ marks the end of gathering survey, the Agency again proposed to comments received by DOT at http:// under the gathering line definition, Part revise the gathering line definition dms.dot.gov by performing a simple 192 defines ‘‘transmission line’’ as a (Docket No. PS–122; 56 FR 48505; Sept. search for the docket number. Note: All particular type of pipeline ‘‘other than 25, 1991). The intent was to define the comments will be posted without a gathering line’’ and defines ‘‘main’’ as term consistent with prevailing changes or edits to http://dms.dot.gov a particular type of ‘‘distribution line,’’ practices. However, as with the earlier including any personal information which is defined as a pipeline ‘‘other proposal, the response was generally provided. Please see the Privacy Act than a gathering or transmission line.’’ unfavorable. Industry commenters heading under Section V, Regulatory The circularity of these definitions disputed the significance of the Analyses and Notices, of the makes it necessary to interpret the term problem, and alleged widespread Supplemental Information. ‘‘gathering line’’ to determine whether a reclassification of lines from production FOR FURTHER INFORMATION CONTACT: pipeline is a transmission or to gathering and from gathering to DeWitt Burdeaux by phone at 405–954– distribution line.1 However, the transmission. The Agency delayed 7220 or by e-mail at complexity of many gathering systems further action pending the collection [email protected] regarding the results in varied interpretations of and consideration of more information. ‘‘gathering line.’’ subject matter of this notice. C. What Are the Statutory SUPPLEMENTARY INFORMATION: B. Has DOT Proposed To Revise Its Considerations? I. Background Gathering Line Definition? PHMSA’s authority to issue safety In 1974, the Agency tried to correct A. Why Is Distinguishing Onshore standards for gas pipeline transportation the problem of distinguishing gathering Gathering Lines a Problem? is found in 49 U.S.C. 60102(a). Gas lines by proposing to revise the pipeline transportation includes the Gathering lines are pipelines used to gathering line definition (39 FR 34569; gathering of gas in or affecting interstate collect and transport natural gas from Sept. 26, 1974). But because comments commerce. Prior to 1992, the pipeline the well and related production indicated many terms and phrases in safety law (49 U.S.C. Chapter 601) facilities to transmission or distribution the proposal were unclear, it was later limited safety regulation of the onshore pipelines, which then transport the gas withdrawn from consideration (43 FR gathering of gas to gathering lines in to a gas consumer, such as a residence 42773; Sept. 21, 1978). non-rural locations. In 1992, Congress or business. PHMSA safety regulations Although the definition problem provided DOT specific authority to in 49 CFR Part 192 apply to the design, remained, the Agency took no further define gas gathering for purposes of construction, operation, and action until 1986, when it asked the safety regulation, and to change the maintenance of gathering, transmission, National Association of Pipeline Safety scope of regulation by defining and distribution pipelines. However, the Representatives (NAPSR), a non-profit ‘‘regulated gathering.’’ 2 regulations do not cover production association of State pipeline safety The 1992 statutory change expressly facilities or onshore gathering lines in officials, to comment on the extent of allows PHMSA to depart from the locations outside cities, towns, villages, the problem. Responses from NAPSR concepts of ‘‘gathering’’ as used under or designated residential or commercial members showed that in the 30 states the Natural Gas Act (15 U.S.C. 717 et areas (hereinafter ‘‘rural locations’’) with gathering lines, there were at least seq.). This allows focus on the safety (§ 192.1(b)(4)). (Onshore gathering lines 2,800 gathering operators and 111,000 purposes of the pipeline safety law for within Gulf of Mexico inlets have been miles of gathering lines (as interpreted defining regulated facilities rather than subject to the inspection and burial by the States). NAPSR members from on the purposes of the Natural Gas Act. requirements of § 192.612 five States, with about 54 percent of the The approach to defining and regulating (§ 192.1(b)(5)). These lines are not operators of gathering lines and 75 gas gathering taken in this SNPRM does affected by this rulemaking.) percent of the mileage, stated they had not rely on concepts of gathering as Since Part 192 does not cover disagreements with operators over used under the Natural Gas Act. production facilities, in non-rural whether rural pipelines were gathering PHMSA does not intend for anyone to locations, pipeline operators and lines or transmission lines. Members rely on its definition of gas gathering to government inspectors must distinguish from three of these States said the decide whether particular lines are regulated gathering lines from disagreements were too numerous to gathering within the meaning of the unregulated production facilities. list. One NAPSR member indicated Natural Gas Act. Similarly, in rural locations they must numerous disagreements with two In addition, the 1992 statutory change distinguish unregulated gathering lines major gas gathering and transmission directed DOT to consider the functional from regulated transmission and pipeline operators regarding the point and operational characteristics of the distribution lines. Yet, since the Part lines in labeling them as gathering, and 192 regulations were first published (35 1 As stated in § 192.3: ‘‘Gathering line’’ means a to consider such factors as location, pipeline that transports gas from a current FR 13248; Aug. 19, 1970), operators and production facility to a transmission line or main. length of line from the well site, government inspectors have had ‘‘Transmission line’’ means a pipeline, other than operating pressure, throughput, and the difficulty making these distinctions. a gathering line, that transports gas from a gathering composition of the gas in deciding The reason is twofold: First, as line or storage facility to a distribution center or which ones to regulate. For example, in defined in Part 192, a ‘‘gathering line’’ storage facility; operates at a hoop stress of 20 percent or more of SMYS, or transports gas within begins at a production facility, but the a storage field. ‘‘Distribution line’’ means a pipeline 2 See Pub. L. 102–508, section 109; now 49 U.S.C. term ‘‘production facility’’ is not other than a gathering or transmission line. 60101(a)(21) and 60101(b).

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deciding which gathering lines should D. What Has PHMSA Done To Get More published an Advisory Bulletin to be regulated, PHMSA considers location Public Comments on Defining and remind operators it was still regulating of the line in the vicinity of population Regulating Gathering Lines? gathering lines according to court as more precise than the rural/non-rural In 1999, in furtherance of the ongoing precedents and prior interpretations approach in the pre-1992 law. The use 1991 gathering line proceeding and (ADB–02–06; 67 FR 64447; October 18, of this more precise approach coupled Congress’ action on gathering lines, the 2002). with the authority to define and to Agency invited further public comments Then in 2003, the Agency held public regulate ‘‘regulated gathering’’ lines on the definition problem and the need meetings in Austin, Texas (68 FR 62555; makes it unnecessary to continue use of to regulate rural gathering lines (Docket November 5, 2003) and Anchorage, statutory terminology that limits No. RSPA–1998–4868; 64 FR 12147; Alaska (68 FR 67129; December 1, 2003) regulation of gathering in rural areas Mar. 11, 1999). The comments largely to attract more comments from (‘‘outside the limits of any incorporated focused on a comprehensive treatment interested persons on the best way to or unincorporated city, town, or village, of the definition problem that the define gas gathering lines and what, if or any other designated residential or American Petroleum Institute (API) any, safety regulations may be needed commercial area’’). As described more submitted on behalf of a coalition of 23 for rural gathering lines. At the fully below, the approach to regulated trade associations (RSPA–1998–4846– meetings, the Agency gave the history of gas gathering in this SNPRM follows the 85). API later published the treatment as the gas gathering issue and proffered a statutory direction. API Recommended Practice 80, ‘‘sliding corridor’’ concept as a possible Pursuant to 49 U.S.C. 60102(b), a gas basis for deciding which lines should be pipeline safety standard must be ‘‘Guidelines for the Definition of Onshore Gas Gathering Lines’’ (API RP regulated. This concept originated in a practicable and designed to meet the consent order the Agency issued to need for gas pipeline safety and for 80). API RP 80 defines gas gathering lines through a series of definitions, Hanley & Bird, Inc., a Pennsylvania gas protection of the environment. To production and gathering operator.3 It accomplish this, PHMSA must consider descriptions, and diagrams intended to represent the varied and complex nature would require operators to slide an a number of factors in issuing a safety imaginary corridor 1000 feet long and standard. These factors include the of production and gathering in the United States. You may purchase a copy 200 or 440 yards wide, depending on relevant available pipeline safety and pipeline hoop stress, along their environmental information, the of API RP 80 from API through its Web site (http://www.api.org) or review a gathering lines. Wherever the corridor appropriateness of the standard for the contains five or more dwellings, the particular type of facility, the copy in room 2103 of the Nassif gathering line would be subject to reasonableness of the standard, Building, 400 7th Street, SW., pipeline safety regulations, and the reasonably identifiable or estimated Washington, DC by contacting Jenny extent of regulation would vary by costs and benefits, any comments Donohue at (202) 366–4046 or operating stress level. Transcripts of received from the public, and any [email protected]. both meetings are in the docket (RSPA– comments and recommendations of the Although industry commenters spoke 1998–4868–120 and 122). Technical Pipeline Safety Standards favorably about the API RP 80 gathering Committee (TPSSC). Except as line definition, NAPSR objected to the Following the two meetings, to explained in the following paragraph use of certain ‘‘furthermost promote informed public participation about public comments on the 1991 downstream’’ endpoints to mark the in resolving the gathering line issues, proposal, PHMSA has considered these beginning and end of gathering in the the Agency published a notice that factors in the development of this definition. NAPSR’s concern was that if clarified its intentions about defining SNPRM and provides its analysis in the the definition were included in Part and regulating gathering lines (69 FR appropriate paragraphs of the preamble. 192, operators would have an incentive 5305; February 4, 2004). In the notice, With respect to public comments, to establish or move the endpoints the Agency clarified its intention to PHMSA has dramatically altered its further downstream to reduce the adopt definitions of production and approach to regulating gathering lines amount of regulated pipeline. gathering that would identify the from that of the 1991 Notice of Proposed NAPSR’s concern is plausible because beginning of gathering without Rulemaking (NPRM) (which was limited gathering begins at the end of overlapping the jurisdiction of State to a definition of gathering lines production, which is not covered by regulations on production. The Agency consistent with that in the Natural Gas Part 192. The amount of gathering said it was seeking definitions that Act). Thus, comments to the proposal in subject, or potentially subject, to could be applied consistently by both the 1991 NPRM are not addressed in regulation becomes less the further regulators and operators. Regarding detail in this SNPRM. The Agency production extends downstream. A rural gathering lines, the Agency reopened the docket to public similar situation exists at the end of explained the need for comments on an comments in an electronic public gathering, which marks the beginning of appropriate approach to identifying discussion forum in 1999 and provided transmission or distribution under Part lines that should be regulated. The several other opportunities for public 192. The amount of transmission or notice also extended the deadline for input into the development of this distribution lines subject to regulation receipt of written comments to March 4, SNPRM. These comments have been becomes less the further gathering lines 2004. used in the development of this extends downstream. In addition to the 1999 Web SNPRM. If a commenter to the 1991 The Agency also had doubts about discussion and 2003 public meetings, proposal believes that this SNPRM does adopting the API RP 80 definition, as the Agency met several times over the not adequately address the concerns expressed in a letter to API dated last two years with State agency raised in earlier comments, the January 12, 2001 (RSPA–1998–4868– officials, industry representatives, and commenter should raise the concerns 108). Nevertheless, the Agency did not others to obtain views on gathering line again. discount the possibility of using API RP risks and the need for regulations. Notes Comments and recommendations of 80 as an alternative to the 1991 the TPSSC will be addressed when a proposed definition. While considering 3 The order may be viewed at http://ops.dot.gov/ final action is prepared on this SNPRM. its next step, in 2002, the Agency regions/easterndoc/cpf13002o.wpd.

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of these informal meetings are in the definition. These limitations, such as 2. Need To Regulate Rural Gathering docket (RSPA–1998–4868). restricting the end of gathering to the Lines first, rather than furthermost, E. What Were the Main Points As to the need to regulate gas Commenters Made? downstream gas processing plant, were gathering lines in rural locations, some intended to remove the opportunity to Twenty-three comments were industry commenters contended rural manipulate the changeover from gathering lines generally pose a low risk submitted following the public meetings gathering to transmission. and clarification notice. A summary of to public safety, citing an incident significant comments follows. In a letter dated September 9, 2004, survey GPA conducted in December NAPSR suggested ‘‘gathering pipeline’’ 2003.4 GPA itself commented that based 1. Definition of Gathering Line and ‘‘production facility’’ be defined as on its survey, onshore gas gathering Three industry commenters expressed follows: lines do not pose a significant risk that satisfaction with the current Part 192 ‘‘Gathering pipeline’’ (a) Means any warrants extensive new Federal definition and prior Agency pipeline or part of a connected series of regulations. A few industry commenters interpretations. But most commenters pipelines used to transport gas from the and the U.S. Department of Energy who addressed the issue, including a endpoint of a production facility to the (DOE) suggested the Agency should first coalition of trade associations (API, the first natural gas processing plant. identify and analyze the risks involved Gas Processors Association (GPA), the and then target regulations to specific Louisiana Mid-Continent Oil and Gas (b) In the absence of a natural gas problems. Cook Inlet Keeper, a Association, the Texas Oil and Gas processing plant, means any pipeline or nonprofit organization dedicated to Association, and the Texas Pipeline connected series of pipelines used to: protecting Alaska’s Cook Inlet Association), urged the Agency to adopt 1. Transport gas from the endpoint of Watershed and North Slope Borough, API RP 80 as the basis for determining a production facility to the furthermost the northernmost county of Alaska, onshore gas gathering lines. These downstream of the following endpoints: advocated that the Agency regulate all commenters welcomed the flexibility of (A) The outlet of the first downstream unregulated lines threatening people API RP 80, and believed it would result gathering line gas treatment facility; or and the environment. Cook Inlet Keeper in few, if any, reclassifications of also submitted data on releases from pipelines from production to gathering (B) The first downstream point where unregulated pipelines in Alaska. or gathering to transmission. gas produced in the same production Taking a different view, NAPSR field or contiguous production fields is 3. Regulatory Approach opposed the unqualified use of API RP commingled; or Concerning the appropriate approach 80 to identify gas gathering lines. First, (C) The outlet of the first downstream to regulation, the coalition of trade regarding the beginning of gathering compressor used to facilitate deliveries associations suggested a tiered approach under section 2.2(a)(1) of API RP 80, from production operations into a to regulating onshore gathering lines. NAPSR suggested that production pipeline. Under the coalition’s approach, the operations should be limited to piping 2. Transport gas from a gathering line extent of regulation would increase with and equipment used solely in the exclusively to points in adjacent pipeline risk as determined by operating process of extracting natural gas from production operations or gathering parameters and population density. the earth for the first time. This process facility sites for use as fuel, gas lift, or Lines posing a lower risk to the public involves removing natural substances gas injection within those operations; would be subject to fewer safety from the earth, separating out natural and standards than they are now. This gas, and preparing the gas for relaxation of current regulatory burden transportation. NAPSR stated that under (c) Does not include a natural gas on lower-risk lines would help offset the its suggested limitation, any piping that processing plant. added cost of regulating higher-risk serves a function besides processing in ‘‘Production facility’’ means any gathering lines that are not currently aid of extraction would be part of pipeline or equipment or part of a regulated. ONEOK, Inc., an operator of gathering operations rather than connected series of pipelines used gas gathering lines, suggested a similar production operations. Secondly, solely in the process of extracting but more detailed tiered approach. NAPSR suggested limitations on the end natural gas from the earth for the first The coalition’s approach is of gathering under the API RP 80 time. summarized as follows:

Tier Gathering line Regulation

I ...... All in Class 1 or 2 location ...... Periodic summary report of incidents; line markers; and one-call damage preven- tion programs. All < 20% SMYS All plastic II ...... All ≥ 20% SMYS in rural Class 3 or 4 lo- Tier I plus corrosion control and a public awareness program. cation. III ...... All ≥ 20% SMYS in non-rural Class 3 or Current Part 192 requirements. 4 location.

Delta County, Colorado preferred the Two industry commenters favored a agencies that oversee oil and gas sliding corridor approach the Agency hands-off approach that would leave the production. had discussed at the public meetings. regulation of rural gathering to State

4 GPA presented the survey at a meeting of the Agency’s gas pipeline safety advisory committee on February 5, 2004 (RSPA–1998–4470–120).

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4. Impact other than gas pipeline safety pursuant how API RP 80 is applied could renew Several commenters were concerned to the Federal Pipeline Safety Act.’’ industry claims of line reclassifications. (Section 2.6.2.4 of API RP 80). about the impact of any new Federal B. What Are the Details of the Definition regulations on gathering lines in rural The Agency considered the following PHMSA Is Now Proposing? locations. DOE and the Independent ways API RP 80 could serve to PHMSA wants to define ‘‘onshore Petroleum Association of America were determine onshore gas gathering under gathering line’’ in a way that not only particularly concerned that increased Part 192: reasonably matches current costs could cause producers to shut-in 1. Use API RP 80 as Guidance classifications but also addresses the marginally profitable wells. They concerns of State pipeline safety pointed out that since marginal wells Continue to apply the present Part agencies. PHMSA, therefore, chose the account for about 10 percent of the 192 gathering line definition, but rely on third alternative, for it alone takes into United States’ gas production, API RP 80 as guidance to determine the account NAPSR’s concerns. PHMSA additional costs would have the beginning and end of onshore gathering. believes NAPSR’s concerns deserve potential to reduce the Nation’s supply The advantages of this alternative are considerable weight because, under the of gas. (A discussion of the energy that comments indicate some operators pipeline safety law, onshore gas impacts of this proposal is found under would likely support it and rulemaking gathering lines are largely intrastate the Executive Order 13211 heading in would not be necessary. On the other pipeline facilities. As such, they are Section V, Regulatory Analyses and hand, this alternative would probably under, or eligible for, exclusive Notices, of this document.) not be sufficient to satisfy the regulation by certified State pipeline congressional directive to define gas II. Resolving the Definition Problem safety agencies. When regulated by gathering. And it would provide a shaky these agencies through adoption and A. What Alternatives to the 1991 basis for regulating rural gathering lines. enforcement of PHMSA safety Proposal Did the Agency Consider? In addition, NAPSR’s comments suggest standards, PHMSA’s role is to oversee In view of the congressional directives many State pipeline safety agencies State agency performance. In other and the importance of distinguishing would be unlikely to accept some API words, regulation of an intrastate onshore gas gathering lines, PHMSA RP 80 provisions even as guidance. onshore gas gathering line by a certified believes resolving the definition 2. Adopt API RP 80 as a Definition State agency, removes the line from the problem is essential. However, the direct regulatory authority of PHMSA. Agency’s previous attempts in 1974 and Adopt API RP 80 as the basis for PHMSA is proposing to define again in 1991 to resolve the matter by determining onshore gas gathering lines. ‘‘onshore gathering line’’ as it is defined formulating a gathering line definition This alternative has wide industry in section 2.2 of API RP 80, but with a were controversial. The controversy was acceptance, would likely minimize the few limitations on applying the API RP no doubt due to the varied and complex present difficulty of distinguishing 80 definition (see the proposed configurations of gas gathering systems gathering lines, and, considering its amendment to § 192.3 below). The throughout the industry. For this reason, wide acceptance, would probably result proposed limitations, based on NAPSR’s PHMSA now believes a single definition in few pipeline reclassifications. comments, and PHMSA’s concerns that that is wholly consistent with industry However, besides a gathering line it raised during the meetings held on practices probably cannot be developed. definition, API RP 80 contains many gathering line regulation, are designed This conclusion and the comments supplemental definitions, descriptions, to assure gathering line determinations resulting from the Austin and and diagrams. Although these do not stray significantly from PHMSA’s Anchorage meetings have caused the supplemental provisions are helpful to historic interpretations of gathering or Agency to take a closer look at using understand the definition, they could do not abuse the ‘‘furthermost API RP 80. It is a comprehensive prove difficult to apply uniformly and downstream’’ concept. treatment of gas gathering that was probably would lead to further varied 1. Beginning of Gathering developed by experienced personnel interpretations. Also, the flexibility of representing over 20 national, regional, API RP 80 that industry applauds, The beginning of an onshore gathering and State oil and gas industry NAPSR contends could result in line under section 2.2(a)(1) of API RP 80 associations. It covers every aspect of equipment being relocated to avoid is the furthermost downstream point in the gathering function, from its regulations. If that happened, State a production operation.5 PHMSA is beginning in production operations, pipeline safety agencies could lose proposing to restrict this point to piping which are separately defined, to various control over many miles of pipeline or equipment used solely in the process defined endpoints. The attention to they now regulate, and public safety of extracting natural gas from the earth detail and solid backing by commenters could be compromised. for the first time and preparing it for led the Agency to believe API RP 80 can transportation or delivery. Under this 3. Adopt API RP 80 as a Definition, But restriction, certain dual use equipment be used appropriately to distinguish With Limitations gathering lines under Part 192 without that can serve either a production or the controversy attendant to prior Adopt API RP 80 as the basis for transportation function would be part of proposals. determining onshore gas gathering lines, gathering when not used solely in the PHMSA does not intend that persons but limit operators’ ability to establish use API RP 80 for non-safety purposes, endpoints merely to avoid regulation. 5As defined in section 2.3 of API RP 80, ‘‘production operation’’ means piping and such as to identify gathering under the The main advantage of this alternative equipment used for production and preparation for Natural Gas Act. In this regard, readers is it balances industry’s desire to use transportation or delivery of hydrocarbon gas and/ should note API RP 80, by its terms, API RP 80 to determine gathering lines or liquids and includes the following processes: applies only in the context of pipeline under Part 192 with NAPSR’s desire for (a) Extraction and recovery, lifting, stabilization, safety: ‘‘[T]he definitions presented more definite endpoints. The treatment, separation, production processing, storage, and measurement of hydrocarbon gas and/ herein are not designed to address disadvantage is that limitations could or liquids; and issues—nor are they intended for make API RP 80 more difficult to apply. (b) Associated production compression, gas lift, application—in any regulatory context In addition, proposing any limitation on gas injection, or fuel gas supply.

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extraction and preparation of gas for believes ‘‘adjacent’’ is very restrictive. were published in 1970. Gathering lines transportation. For example, drip pots, To set some limit, PHMSA is proposing in non-rural locations must meet the which provide a separation function, are the separate production fields from same safety standards for design, used in pipeline transportation to which gas is commingled must be construction, operation, and maintain the quality of gas delivered to within 50 miles of each other. PHMSA maintenance as gas transmission lines, customers. When used this way, a drip is interested in receiving comments on except § 192.150, standards for passage pot would not be part of production whether a maximum distance between of smart pigs, and Subpart O of Part 192, operations even though as a separator it production fields from which gas is integrity management (see § 192.9). could conceivably be used in the commingled should be specified. In addition, the drug and alcohol extraction and preparation of gas for One limitation is proposed on the testing regulations in 49 CFR part 199 transportation. Also, separation or fourth possible endpoint. This endpoint apply to onshore gas gathering lines in dehydration equipment is often used to is the outlet of the furthermost non-rural locations because these lines safeguard the operation of gathering downstream compressor station used to are regulated by Part 192. These compressors. Under the proposed lower gathering line operating pressure regulations require operators to test limitation, any equipment being used to or to facilitate deliveries into the personnel for use of prohibited drugs protect a gathering compressor would pipeline from production operations or and misuse of alcohol. Persons subject not be part of production operations. to increase gathering line pressure for to testing are those who perform a Part delivery to another pipeline (section 192 regulated operation, maintenance, 2. End of Gathering 2.2(a)(1)(D) of API RP 80). Gathering or emergency-response function on a Under the API RP 80 definition of systems may contain many compressor regulated pipeline. onshore gathering line, gathering ends at units. (In gathering systems, As required by 49 CFR part 191, the furthermost downstream of five compressors are smaller, self contained operators of onshore gathering lines in possible endpoints. The first possible units, rather than the larger multiple non-rural locations also must submit endpoint is the inlet of the furthermost unit facilities referred to as compressor reports to PHMSA. Operators must downstream natural gas processing stations.) In many cases, these submit telephonic and follow-up plant, other than a natural gas compressor units lower the pressure on written reports of incidents involving a processing plant located on a the upstream (suction) side to allow gas death, hospitalization, or property transmission line (section 2.2(a)(1)(A) of to flow from the wells. PHMSA believes damage of $50,000 or more. Other API RP 80). PHMSA is proposing this these to be necessary to the gathering requirements include safety-related endpoint may not be a natural gas process. Also, whether they are located condition reports and annual reports processing plant located further downstream of a processing plant or, about pipe inventory and leaks repaired. downstream than the first downstream stand alone, in the absence of a 2. Rural Lines natural gas processing plant unless the processing plant, many compressors operator can demonstrate, based on serve to boost the pressure from the As discussed above, Part 192 does not sound engineering reasons, that gathering line into either transmission apply to the onshore gathering of gas in gathering should be extended beyond or distribution pipelines. PHMSA is rural locations. Rural gathering lines are that first plant. DOT interpretations and proposing to limit the endpoint to the also excluded from Part 191 reporting State agency enforcement actions have outlet of a compressor used to deliver requirements and Part 199 drug and recognized the first downstream natural gas to another pipeline. In this case, alcohol regulations. gas processing plant as the customary PHMSA considers the gas to have been Until 1992, rural gathering lines were end of gathering. The proposed ‘‘gathered’’ and prepared for excluded by statute from pipeline safety limitation is based on this practice, but transportation. This is consistent with regulation (although in 1990 Congress it would allow operators the flexibility the Agency’s past interpretation and granted limited authority over gathering of ending gathering to a further enforcement policy. lines in Gulf of Mexico inlets (see Pub. downstream processing plant essential The fifth possible endpoint is the L. 101–599)). In 1992, an amendment to to gathering. connection to another pipeline the pipeline safety law gave DOT The second possible endpoint under downstream of the furthermost authority to regulate the safety of rural section 2.2(a)(1)(B) of API RP 80 would downstream endpoint under sections lines where warranted by risk. apply only if no other endpoint under 2.2(a)(1)(A) through (D) of API RP 80, or 2.2(a)(1) (A), (C), (D) or (E) exists. This B. Are Safety Regulations Needed for in the absence of such endpoint, the Onshore Rural Gathering Lines? endpoint is the outlet of the furthermost furthermost downstream production downstream gathering line gas treatment operation (section 2.2(a)(1)(E) of API RP In 1992, Congress recognized some facility. 80). This endpoint applies to connecting rural gathering lines that were exempt The third possible endpoint is the lines called ‘‘incidental gathering’’ from DOT’s regulatory authority may furthermost downstream point where under section 2.2.1.2.6 of API RP 80. An present risks that warrant safety gas produced in the same production example of a connecting line is a regulation. Congress authorized DOT to field or separate production fields is pipeline that runs from the outlet of a define a class of ‘‘regulated gathering commingled (section 2.2(a)(1)(C) of API natural gas processing plant to a lines’’ that warrant safety regulation RP 80). This endpoint recognizes a transmission line. based on information about risk. In its gathering line may receive gas from report on H.R. 1489, a bill that led to the several production fields. However, III. Regulation of Onshore Gas 1992 change in the law, the House PHMSA is concerned that since the Gathering Lines Committee on Energy and Commerce endpoint does not restrict the distance A. How Are Onshore Gas Gathering said ‘‘DOT should find out whether any between separate production fields, a Lines Currently Regulated? gathering lines present a risk to people gathering line could continue endlessly, or the environment, and if so how large causing reclassification of pipelines 1. Non-Rural Lines a risk and what measures should be from transmission to gathering. NAPSR In non-rural locations, the gathering taken to mitigate the risk.’’ (H.R. Report suggested commingling should be of gas by pipeline has been subject to No. 102–247—Part 1, 102d Cong., 1st limited to adjacent fields. PHMSA Part 192 since these safety standards Session., 23 (1991)).

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Because the reporting requirements period. Moreover, the potential for D. Should the Current Approach to under Part 191 covered only non-rural future harm is apparent, because the Regulating Non-Rural Onshore gathering lines, The Agency lacked survey confirmed the leading threats to Gathering Lines Be Changed? information about whether the risks of Agency-regulated pipelines, corrosion At present, Part 192 regulates non- rural lines warranted regulation. The and excavation damage, are also the rural gathering lines and transmission Agency sought input from the public on leading threats to rural gathering lines. lines alike (except that requirements for the need to regulate these lines. As Furthermore, not all rural gathering passage of internal inspection devices in discussed above, in 1999, the Agency lines present a low risk. Some rural § 192.150 and integrity management opened a Web discussion on gathering lines are near pockets of increased programs in Subpart O apply only to lines and in 2003 held public meetings population or operate at high pressures. transmission lines). The problem with in Austin and Anchorage, with this approach is that, while individual opportunity to submit written In fact, high-pressure gathering lines in lines may differ, the data indicates comments until March 4, 2004. populated areas can present the same gathering and transmission lines do not Although most participants in the Web risk as regulated transmission lines. pose the same overall level of risk to the discussion and the meetings addressed In consideration of the known and public. Transmission line incidents the definition problem, the public foreseeable risks presented by rural have had a greater impact on the public meetings also drew a few comments on gathering lines, PHMSA believes it is no than gathering line incidents. The safety the need for regulation. Gas Processors longer appropriate to maintain the data also indicates that because of the Association (GPA), a trade association present total exemption of rural lines. lesser risk some gathering lines pose to representing gatherers and processors, But in changing the present exemption, the public, these lesser-risk lines should submitted the most enlightening PHMSA is adhering to the congressional not be subject to all regulations information about gathering line risks directives by focusing on lines that intended for transmission lines. obtained from a survey of its members.6 expose the public to significant risk, Applying regulations intended for all The survey asked 40 operators of rural such as where a release of gas could transmission lines is probably not gas gathering lines about gathering line have a serious consequence. incidents that impacted the public appropriate for all gathering lines. PHMSA intends, through a separate during a 5-year period (1999–2003). The Although the data does not explain the survey showed that over this period 58 rulemaking, to propose changes to the difference in impact, PHMSA believes a incidents occurred on 171,768 miles of Part 191 reporting requirements to track significant factor is that many non-rural pipeline, or on about 96 percent of GPA the proposed changes in this gathering lines operate at low pressures members’ gathering lines. The incidents rulemaking. Thus, in the Part 191 away from highly populated areas. resulted in three injuries and one death rulemaking, all regulated onshore Another problem with the current as well as evacuations, minor property gathering lines would be subject to Part approach is that a city or town may damage ($5,000–$25,000), and major 191 reporting requirements. This will extend its boundaries to incorporate low property damage (over $25,000). give PHMSA more information about population areas within its boundaries. Corrosion caused most of the incidents, the risks of onshore gathering lines in Thus, a gathering line that is not near followed by third-party excavation, rural locations. any dwellings but is within the city or which produced the most severe town boundary is subject to regulation. C. What Is the Proper Approach to PHMSA believes the risk-based consequences (including the death and Regulating Onshore Gathering Lines? two of the injuries). No other cause approach is the most suitable for occurred more than twice. PHMSA believes that for some applying the level of Part 192 regulation GPA compared these results to onshore gathering lines, the potential for to address the risk posed by the transmission incidents reported to the harm to the public is too low to warrant gathering line. Regulation of an onshore Agency under Part 191 over the same 5- pipeline safety regulation. These lines gathering line would not depend on year period. The comparison showed may be characterized as generally small subdivision or local government transmission lines impacted the public lines operating at low pressures in boundaries as it does now, but on the from three to six times more often, even remote areas. For other lines, PHMSA risk the line poses to the public based though the Part 191 reporting threshold agrees with commenters that as risk on pressure and proximity. This change for property damage was $50,000 rather increases by operating pressure and would maintain the current level of than $5,000. GPA attributed the lower proximity to people, so should the level regulation where justified by risk. At the impact of rural gathering lines to of regulation. Under this approach, the same time, it would relax the regulatory operators’ safety practices and to highest risk lines would have the most burden on less risky lines. operating conditions that generally regulation. This approach is consistent E. What Safety Regulations Are Being involved sparsely-populated areas, low with the statutory directive on Proposed? pressures, and small pipe sizes. determining which gathering lines PHMSA is proposing to change how Although the survey results showed should be regulated gathering lines. the lines GPA surveyed presented a Part 192 applies to onshore gathering lower risk to the public, the impacts to In deciding what regulations to apply lines. This change is consistent with the the public and property were not according to risk, PHMSA favors the statutory directive on factors to consider insignificant. Many people living or tiered models suggested by the coalition in regulating onshore gathering lines. A working near those lines suffered (three tiers) and Oneok (four tiers). Tiers class of onshore gathering lines called adverse consequences during the survey are a reasonable way to pair safety ‘‘regulated onshore gathering lines’’ regulations with lines that pose different would be defined in § 192.3 6 In 2002 the Texas Railroad Commission levels of risk. However, in view of the characterized by either of two risk conducted a study to determine the risk of need for practicality in both compliance categories, Type A and Type B. The type unregulated production and rural gathering lines in and enforcement, PHMSA has fashioned would depend on the maximum Texas. Most of the study’s data came from small a simpler model that has only two tiers. operators with less than 10 miles of pipeline. allowable operating pressure (MAOP) of However, the information received did not provide This approach is discussed in more the line (i.e., whether MAOP results in a sufficient basis for a conclusion. detail below. a hoop stress of 20 percent or more of

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Specified Minimum Yield Strength with current class location Under paragraph (c), Type A (SMYS) or less than 20 percent). Under identification requirements and would regulated onshore gathering lines would proposed § 192.9, lines covered by the not create confusion by having to shift have to meet Part 192 requirements two categories would be subject to to another approach. However, because applicable to transmission lines, except safety requirements appropriate to each the proposed approach to regulating requirements concerning the passage of category. Onshore gathering lines not onshore gathering is based on the line’s smart pigs (§ 192.150) and integrity covered by these categories would not risk to the public, PHMSA has proposed management requirements (Subpart O). be subject to Part 192. that the density criterion an operator Because of the pressure at which these The proposal would exclude onshore chooses must capture the most regulated lines operate, and their proximity to the gathering lines that operate under gathering lines. If the density of five or public, they are considered higher-risk vacuum, or at less than atmospheric more dwellings per 1000 feet were used, lines that warrant more safety pressure. Any failure of a vacuum line the area would extend along the requirements. Type A line operators would tend to draw air into the pipeline pipeline until the space between would also be subject to the Part 199 rather than release natural gas to the dwellings is at least 250 feet. The 220- drug and alcohol regulations and the atmosphere. PHMSA believes this factor yard dimension is consistent with the Part 191 reporting requirements. This is sufficiently reduces the level of risk so areas used in class location not a change from present practice. regulation is unnecessary. Section determinations under § 192.5. Gathering lines as currently regulated 192.1(b)(4) would be amended to Type A lines in areas within a Class are subject to these requirements. exclude these vacuum lines from Part 1 or Class 2 location would also include Proposed requirements for Type B 192. additional lengths of line upstream and regulated onshore gathering lines are in The proposal also clarifies that downstream from the area. These paragraph (d). These lines, although gathering lines in inlets of the Gulf of lengths would serve as a shield against located close to the public and housing, Mexico are not affected by this potential harm to nearby dwellings. operate at a lower pressure than Type A rulemaking for onshore gathering lines. Type B is the second risk category of lines. Because they pose a lower-risk, Onshore gathering of gas in these inlets regulated onshore gathering lines. Type they would be subject to fewer safety will continue to be subject only to the B lines would include metallic lines regulations. The proposed requirements inspection and burial requirements in whose MAOP produces a hoop stress of for Type B lines address the types of § 192.612, which address the principal less than 20 percent of SMYS. Also threats posed to these lines. First, new risk of these lines. At no point during included would be non-metallic lines lines and existing lines replaced, our meetings and discussions about relocated, or otherwise changed would regulating onshore gathering has anyone whose MAOP is 125 psig or less that are located in populated areas. The have to be designed, installed, commented on a need to change these constructed, initially inspected, and requirements. populated areas would be Class 3 and 4 locations, and other areas that extend initially tested according to Part 192 1. Risk Categories 150 feet on each side of the centerline requirements. Second, operators of Type of any continuous 1000 feet of pipeline B lines would have to: The first risk category, Type A, would • Control corrosion according to include the following lines or line and that include 5 or more dwellings per 1000 feet. Like Type A lines, Type Subpart I requirements. segments that lie in populated areas: • Carry out a damage prevention metallic lines whose MAOP results in a B lines in areas within Class 1 or Class 2 locations would include additional program under § 192.614. hoop stress of 20 percent or more of • Establish a MAOP under § 192.619. SMYS, and non-metallic lines whose lengths of line as a shield against • Install and maintain line markers MAOP is more than 125 psig. The potential harm to nearby dwellings. under § 192.707 according to populated areas would be Class 3 and 4 Type B does not include lines with transmission line requirements. locations, as defined in § 192.5, and MAOP of less than 0 psig because, as • Establish a public education other areas the operator would discussed above, PHMSA is proposing program as required by § 192.616. determine using either of two methods. to exclude vacuum lines from Extended compliance deadlines for The first method would require regulation. operation and maintenance determining all potential impact circles The 150-foot dimension for Type B requirements are proposed in paragraph along the line that include five or more lines is more than twice the average (e). (A proposed change to § 192.13 dwellings. The circles would be length of service lines, or the average provides additional time before new calculated by using an empirical distance of distribution customers from lines and replacements must meet the formula as proposed in § 192.3. These street mains. Since mains generally design and construction requirements.) are the same circles that may now be operate at a lower stress or pressure This paragraph also proposes used under Subpart O for integrity than Type A gathering lines, 150 feet compliance time for unregulated management purposes to predict the should cover dwellings that could be onshore gathering lines that range of potential harm from a adversely affected by gathering lines subsequently become regulated because transmission line failure. operating at lower stresses or pressures of changes in population, as discussed The second method would require than Type A lines. under the next subheading. determining areas that extend 220 yards 2. Safety Requirements on each side of the centerline of any 3. Easing Transition From Unregulated continuous 1000 feet of pipeline and Section 192.9 would be revised to to Regulated that include either 5 or more dwellings include requirements for all gathering To ease the transition of unregulated per 1000 feet or 25 or more dwellings lines subject to Part 192. The lines to regulated status, PHMSA is per mile. However, the density chosen requirements are based on the risk the proposing that operators have one year will depend on which results in more line poses to the public. after the final rule takes effect to design, regulated onshore gathering lines. Paragraph (b) would state the present install, construct, initially inspect, and PHMSA has included the 25 or more Part 192 requirements applicable to initially test any new, replaced, dwellings per mile to address industry offshore lines. No change is proposed relocated, or changed line according to comment that this was more consistent for these requirements. Part 192 requirements. The proposal is

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in § 192.13 and is similar to compliance The first, as we have described in detail, without mention of FERC precedents. times established previously for other proposes to define both gathering Hamman v. Southwestern Gas Pipeline, newly-regulated pipelines. (through use of a consensus standard) 721 F.2d 140 (5th Cir. 1983). Gathering In addition, PHMSA is proposing to and regulated gathering and an as used by FERC is limited to the revise the MAOP requirements of alternative that defines only regulated activities Congress authorized FERC to § 192.619(a)(3) and (c). This proposal gathering. Both approaches have merits regulate, which does not include would allow operation of newly and disadvantages that are appropriately pipeline safety. See, for example, Sea regulated lines and lines subsequently explored through the comment process. Robin Pipeline Co. v. FERC, 127 F.3d regulated because of an increase in The Natural Gas Act accepts gas 365, 368 (5th Cir. 1997). Further, population at the highest actual gathering from the economic regulatory application of the definition issued for operating pressure to which the line was program administered by the Federal safety purposes in a tax case in which subjected during the 5 years before the Energy Regulatory Commission (FERC). the meaning of gathering was important final rule is published or the line FERC has not defined ‘‘gathering’’. In was expressly rejected. Saginaw Bay becomes regulated. 1968, Congress authorized safety Pipeline v. United States, 338 F.3d 600 Regarding corrosion control, several regulation of virtually all pipelines, (6th Cir. 2003). requirements of Subpart I of Part 192 including those not regulated by FERC The alternative approach would be to apply only to pipelines installed before such as intrastate pipelines and abandon the term ‘‘gathering’’ as August 1, 1971. These requirements gathering lines. From the beginning, The unnecessary and proceed immediately were originally intended for pipelines Agency frequently looked to decisions to ‘‘regulated gathering.’’ This approach existing when Subpart I was adopted. under the Natural Gas Act for help in has the benefit of consistency with the However, PHMSA believes they are also deciding where gathering ended and focus on risk since it defines only the appropriate for regulated onshore transmission began. The Agency segments actually regulated. The gathering lines existing when the final continued to consider the Natural Gas downside comes with the impact on rule takes effect that were not Act decisions in delineating gathering other definitions critical to safety previously subject to Part 192 (lines in when it issued the Notice of Proposed regulation. One factor defining rural locations). Under proposed Rulemaking in this docket in 1991. At transmission in current regulation is the § 192.452(b), regulated onshore the time, the Agency noted its concern end of a gathering line. 49 CFR 192.3. gathering lines existing on [effective for inconsistency with FERC practice. In Without a definition of gathering line, date of final rule] not previously subject 1992, Congress explicitly gave DOT the definition of transmission would to Part 192 must meet the corrosion permission to define gathering without have to be reworked to identify a control requirements of Subpart I regard for FERC practice. Consequently, different beginning point for those specifically applicable to pipelines this SNPRM proposes to define the transmission lines for which other installed before August 1, 1971, scope of safety regulation without factors defining transmission do not notwithstanding the date the gathering regard to FERC practice. apply. This would not be easy to line was actually installed. Other The approach that appears in the text accomplish. Subpart I requirements apply only to of this proposal begins with the PHMSA seeks comments on these two pipelines installed after July 31, 1971. traditional base of ‘‘gathering’’ and adds alternative approaches. What is the risk These requirements would not apply to the regulation through defining that the first approach, which would existing lines unless the line ‘‘regulated gathering’’. The concept of define gathering for safety purposes, substantially meets the requirements. gathering being proposed is quite would impact the FERC practice in the Existing requirements for converted complex. Drafting language that economic area? If there would be an lines are not affected by this proposal. incorporates the concept of what is impact, would it be negative or positive? Under proposed § 192.9(e)(3), if a ‘‘regulated’’ within a single definition With respect to the second alternative change in class location or increase in adds to this complexity. Separating the approach, is there a way to avoid dwelling density turns an onshore concepts into gathering and regulated definitional difficulties with defining gathering line into a regulated onshore gathering will result in a clearer transmission lines? If so, PHMSA would gathering line, the operator would have understanding of which lines are welcome specific language. With respect one year after the line becomes a regulated. This approach is consistent to either approach, are there other regulated onshore gathering line to with past practice in which we benefits or downsides to either comply with applicable Part 192 separated the concepts of gathering and approach that should be considered? requirements. This proposal reflects the non-rural gathering (i.e. regulated usual practice by which operators of gathering). V. Regulatory Analyses and Notices unregulated rural gathering lines stay The downside of the approach is the Privacy Act. Anyone is able to search continuously aware of new housing risk that the PHMSA definition of the electronic form of all comments developments or governmental gathering may be influential in future received into any of our dockets by the boundary changes that turn the lines FERC disputes. The risk appears name of the individual submitting the into regulated lines. Developments are minimal. PHMSA does not intend that comment (or signing the comment, if detected by various means of its definition be relied on in deciding submitted on behalf of an association, surveillance, including satellite whether particular lines are gathering business, labor union, etc.). You may imagery, aerial photography, and within the meaning of the Natural Gas review DOT’s complete Privacy Act ground reconnaissance. Act. In deciding cases involving Statement in the Federal Register disputes over the definition of published on April 11, 2000 (Volume IV. An Alternative Approach gathering, courts have thus far clearly 65, Number 70; Pages 19477–78) or you Given the decision to shift the focus looked only to the definition of the may visit http://dms.dot.gov. of regulating gathering based on risk to cognizant agency. The only case Executive Order 12866 and DOT population, PHMSA is faced with a involving the existing definition for Policies and Procedures. DOT considers fundamental issue—whether it is which the Agency had considered FERC this proposed rulemaking to be a necessary or appropriate to define practice limited discussion to the significant regulatory action under gathering. This leads to two approaches. definition and statutory authority Section 3(f) of Executive Order 12866

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(58 FR 51735; Oct. 4, 1993). Therefore, the proposed definition of regulated non-rural locations are currently subject the Office of Management and Budget onshore gathering line. These to PHMSA’s safety regulations. The (OMB) has received a copy of this companies will experience added costs. number of gathering line operators proposed rulemaking to review. This The costs will depend on the risk posed subject to regulation varies by year as proposed rulemaking is considered by their pipelines. Approximately 25 pipelines are brought into and taken out significant under DOT regulatory companies are expected to come under of service and as changes occur in the policies and procedures (44 FR 11034: safety regulation for the first time. boundaries of non-rural locations. February 26, 1979). Based on these estimates, only a small During the period 1999 to 2003, PHMSA prepared a draft Regulatory number of companies will experience approximately 400 operators filed Evaluation of the rules proposed in this increased costs, but we believe this annual reports each year under 49 CFR SNPRM and a copy is in the docket. The impact is not a significant economic part 191 covering regulated onshore evaluation concludes that there will be impact on a ‘‘substantial’’ number of gathering systems. a net cost savings from implementing small entities. At present, all 400 of these operators the proposed rules. The savings result PHMSA invites public comment on are required to comply with part 192 from reducing the regulatory burden its estimate of the number of companies rules applicable to transmission lines, currently imposed on regulated gas subject to safety regulation for the first including information collection gathering lines by establishing a tiered time as a result of this proposed rule. requirements. If the SNPRM proposals approach to safety requirements. PHMSA also invites public comment on are adopted as final, the specific PHMSA estimates the total amount of the number of miles of pipeline subject portions of these operators’ gathering gas gathering pipeline mileage that will to safety regulation for the first time as lines subject to part 192 regulations may be subject to Part 192 will be about the a result of this proposed rule. change. Some portions may no longer be same after implementing this proposed Executive Order 13175. PHMSA has regulated, while others could become rule as it is now. However, requirements analyzed this proposed rulemaking Type A or Type B lines. For Type B applicable to approximately three according to the principles and criteria lines, the part 192 information fourths of the regulated gathering line contained in Executive Order 13175, collection burden would be significantly mileage, which poses less public safety ‘‘Consultation and Coordination with reduced, because Type B lines would be risk, will be reduced compared to the Indian Tribal Governments.’’ Because subject to far fewer part 192 regulations. requirements now applicable to the proposed rulemaking would not The net effect on the paperwork burden regulated lines. This proposal will result significantly or uniquely affect the faced by these 400 operators is thus in a total cost of $26.54 million over a communities of the Indian tribal expected to be a reduction. However, 20-year period. PHMSA estimates the governments nor impose substantial the magnitude of this reduction is benefit of reducing the frequency of gas direct compliance costs, the funding difficult to estimate, since PHMSA lacks gathering pipeline incidents that have and consultation requirements of the data necessary to determine which public safety consequences will cause a Executive Order 13175 do not apply. portions of their currently regulated net benefit that is consistent with the Paperwork Reduction Act. This gathering lines would remain regulated increased regulatory burden. If you have SNPRM contains information collection by part 192 and which portions that comments about these conclusions, requirements applicable to operators of remain regulated would become Type A please provide information to the public regulated onshore gas gathering lines. or Type B lines. docket described above. As required by the Paperwork If the proposed definition of Regulatory Flexibility Act. Under the Reduction Act of 1995 (44 U.S.C. ‘‘regulated onshore gathering line’’ is Regulatory Flexibility Act (5 U.S.C. 601 3507(d)), PHMSA will submit a adopted as final, some operators of gas et seq.), PHMSA must consider whether paperwork analysis to OMB for its gathering lines in rural locations could rulemaking actions would have a review. A copy of the analysis will also become subject to part 192 regulations significant economic impact on a be entered in the docket. The SNPRM for the first time. PHMSA preliminarily substantial number of small entities. would affect information collection that estimates no more than 25 operators This SNPRM affects operators of OMB has approved under Control will be newly-subject to part 192 onshore gas gathering lines. It proposes Numbers 2137–0049 (recordkeeping regulations as a result of this proposal. a definition of ‘‘onshore’’ gathering line under 49 CFR part 192) and 2137–0579 These operators would be required to and a tiered regulatory structure, under (drug and alcohol testing under 49 CFR comply with part 192 regulations which regulated onshore gathering lines part 199). proposed for Type A and Type B lines posing less risk would be subject to only For proposed Type B regulated and with part 199 drug and alcohol some of the requirements now applied onshore gathering lines, operators testing regulations, including associated to all regulated gathering lines. PHMSA would have to comply with Part 192 information collection requirements. estimates the overall economic effect of information collection requirements PHMSA’ preliminary estimate of the rules proposed by this SNPRM will be regarding corrosion control, damage paperwork burden on these proposed a net reduction in costs to operators. prevention programs, and public newly-regulated operators is an average At present, many operators of such education programs. For proposed Type of approximately 40 hours per year. pipelines are subject to Federal safety A regulated onshore gathering lines, Much of this time will involve clerical regulation. The particular portions of operators would have to comply not personnel, but some involvement by their pipeline subject to regulation may only with these requirements but also managers and technical personnel will change, in some cases, due to the with others under various Part 192 rules be required. Using an estimated average changes in the definition, but the applicable to gas transmission lines. All hourly rate of $75 results in an economic impact on these operators is operators of onshore gathering lines estimated cost, for 25 operators, of expected to be a net reduction in costs, proposed to be regulated would have to $75,000 as a result of this new consistent with the regulatory analysis. comply with the information collection paperwork burden. Some operators of gas gathering lines requirements in 49 CFR Part 199 PHMSA expects this increase in cost will become subject to safety regulations concerning drug and alcohol testing. for newly-regulated operators would be for the first time because portions of As explained above in Section III of more than offset by the reduction in their pipelines will meet the criteria in this preamble, gas gathering lines in paperwork burden associated with

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currently regulated gas gathering lines contained in Executive Order 13132 (iii) Within inlets of the Gulf of that become either unregulated or Type (‘‘Federalism’’). In its meetings with Mexico, except for the requirements in B lines, as described above. Thus, the state agency officials on gathering lines, § 192.612. overall paperwork impact would be a PHMSA discussed Federalism issues. * * * * * small reduction. None of the proposed rules (1) has 3. In § 192.3, revise the section Comments are invited on the above substantial direct effects on the States, heading, and add definitions of estimates. PHMSA will publish a the relationship between the national ‘‘onshore gathering line,’’ ‘‘potential separate notice in the Federal Register government and the States, or the impact circle,’’ ‘‘potential impact specifically inviting comments on the distribution of power and radius,’’ and ‘‘regulated onshore information collection burden of the responsibilities among the various gathering line’’ to read as follows: SNPRM following completion of the levels of government; (2) impose paperwork analysis. substantial direct compliance costs on § 192.3 What definitions apply to this part? Unfunded Mandates Reform Act of State and local governments; or (3) * * * * * 1995. This SNPRM does not impose preempt state law. Therefore, the Onshore gathering line means any unfunded mandates under the consultation and funding requirements pipeline or part of a connected series of Unfunded Mandates Reform Act of of Executive Order 13132 do not apply. pipelines that qualifies as an onshore 1995. It does not result in costs of $100 Executive Order 13211. The gathering line under section 2.2 of API million or more to either State, local, or transportation of gas through gathering RP 80, with the following limitations: tribal governments, in the aggregate, or systems has a substantial aggregate (1) Under section 2.2(a)(1) of API RP to the private sector, and is the least effect on the nation’s available energy 80, the beginning of a gathering line burdensome alternative that achieves supply. However, after analysis, may not be further downstream than the objective of the proposed PHMSA has determined this proposed piping or equipment used solely in the rulemaking. rulemaking is not a ‘‘significant energy process of extracting natural gas from National Environmental Policy Act. action’’ under Executive Order 13211. It the earth for the first time and preparing PHMSA has analyzed the proposed is not a significant regulatory action it for transportation or delivery. (2) Under section 2.2(a)(1)(A) of API rulemaking for purposes of the National under Executive Order 12866 and is not RP 80, the endpoint may not extend Environmental Policy Act (42 U.S.C. likely to have a significant adverse effect beyond the first downstream natural gas 4321 et seq.). Because the proposed on the supply, distribution, or use of processing plant, unless the operator rulemaking would require limited energy. Further, this proposed can demonstrate, using sound physical modification or other work that rulemaking has not been designated by would disturb pipeline rights-of-way, engineering principles, that gathering the Administrator of the Office of PHMSA has preliminarily determined extends to a further downstream plant; Information and Regulatory Affairs as a the proposed rulemaking is unlikely to (3) The endpoint under section significant energy action. The Energy significantly affect the quality of the 2.2(a)(1)(B) of API RP 80 applies only if Impact Analysis is available for review human environment. Much of the no other endpoint identified under in the docket. pipeline mileage that would be subject section 2.2(a)(1)(A), (a)(1)(C) or (a)(1)(D) to the proposed rules is already List of Subjects in 49 CFR Part 192 exists; regulated, and no new actions likely to (4) Under section 2.2(a)(1)(C) of API Natural gas, Pipeline safety, Reporting RP 80, if the endpoint is determined by affect the environment are proposed for and recordkeeping requirements. currently regulated lines. Also much of the commingling of gas from separate the existing rural mileage that would For the reasons discussed in the production fields, the fields may not be become regulated under the proposed preamble, PHMSA proposes to amend more than 50 miles from each other; and rules is already equipped with cathodic 49 CFR part 192 as follows: (5) Under section 2.2(a)(1)(D) of API protection and location markers, the two RP 80, the endpoint may not extend PART 192—TRANSPORTATION OF beyond the furthermost downstream requirements that would involve any NATURAL AND OTHER GAS BY installation/modification work along the compressor used to increase gathering PIPELINE: MINIMUM FEDERAL line pressure for delivery to another pipeline. An environmental assessment SAFETY STANDARDS document is available for review in the pipeline. docket. A final determination on 1. The authority citation for part 192 * * * * * environmental impact will be made continues to read as follows: Potential impact circle (PIC) is a circle of radius equal to the potential impact after the end of the comment period. By Authority: 49 U.S.C. 5103, 60102, 60104, requiring operators to participate in 60108, 60109, 60110, 60113, and 60118; and radius (PIR). damage prevention programs and follow 49 CFR 1.53. Potential impact radius (PIR) means the applicable requirements for the radius of a circle within which the 2. In § 192.1, potential failure of a pipeline could corrosion control, it may be expected a. Revise the section heading, that the number of failures on gathering have significant impact on people or b. Revise paragraph (b)(4), property. PIR is determined by the lines will be reduced. Since gathering c. Remove paragraph (b)(5), and lines often contain gas streams laden following formula: d. Redesignate paragraph (b)(6) as 2 with condensates and natural gas (b)(5). r = 0.69* (square root of (p*d )) liquids, the reduced number of failures The changes read as follows: Where: also means a reduced number of spills r = the radius of a circular area in feet of these liquids. § 192.1 What is the scope of this part? surrounding the point of failure If you have any comments about the * * * * * p = the maximum allowable operating preliminary conclusion, please submit (b) * * * pressure of the pipeline segment in your comments to the docket as (4) Onshore gathering of gas— psig described above. (i) Through a pipeline that operates at d = the nominal diameter of the pipeline Executive Order 13132. PHMSA has less than 0 psi (0 kPa) gage; in inches analyzed the proposed rulemaking (ii) Through a pipeline that is not a Regulated onshore gathering line according to the principles and criteria regulated onshore gathering line; and means

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(1) Each onshore gathering line (or column that lies in an area described in (2) As applicable, additional lengths segment of onshore gathering line) with the third column; and of line described in the fourth column a feature described in the second to provide a safety buffer:

Type Feature Area Safety buffer

A ...... b Metallic and the 1. A Class 3 or 4 location (see § 192.5) ...... If the gathering line is in Area 2, the additional MAOP produces a 2. An area within a Class 1 or Class 2 location lengths of line extend upstream and down- hoop stress of 20 that the operator determines by using either stream from the area to a point where the percent or more of of the following methods:. pipeline is at least 220 yards (200 m) from SMYS. Method 1. A potential impact circle that includes the nearest dwelling in the area. b Non-metallic and the five or more dwellings;. MAOP is more than Method 2. An area that extends 220 yards (200 125 psi (862 kPa) m) on each side of the centerline of any con- gage. tinuous 1000 feet (305 m) of pipeline and in- cludes either 5 or more dwellings per 1000 feet (305 m), or 25 or more dwellings per mile (1.6 kilometer), whichever results in more regulated onshore gathering line. If the density of 5 or more dwellings per 1000 feet (305 m) is used, the area extends along the pipeline until the space between dwellings is at least 250 feet.. B ...... b Metallic and the 1. A Class 3 or 4 location ...... If the gathering line is in Area 2, the additional MAOP produces a 2. An area within a Class 1 or Class 2 location lengths of line extend upstream and down- hoop stress of less that extends 150 feet (45.7 m) on each side stream from the area to a point where the than 20 percent of of the centerline of any continuous 1000 feet line is at least 150 feet (45.7 m) from the SMYS. (305 m) of pipeline and includes 5 or more nearest dwelling in the area. b Non-metallic and the dwellings per 1000 feet. MAOP is 125 psi (862 kPa) gage or less.

* * * * * § 192.7 What documents are incorporated 4. In § 192.7, revise the section by reference into this part? heading, and, in the table in paragraph * * * * * (c), revise item B. (5) as follows: (c) * * *

49 CFR Source and name of referenced material reference

******* B. American Petroleum Institute (API):

******* (5) API Recommended Practice 80 ‘‘Guidelines for the Definition of Onshore Gas Gathering Lines’’ (2000) ...... § 192.3

*******

5. Revise § 192.9 to read as follows: (d) Type B lines. An operator of a (6) Establish a public education Type B regulated onshore gathering line program under § 192.616. § 192.9 What requirements apply to must comply with the following gathering lines? (e) Compliance deadlines. An requirements: operator of a regulated onshore (a) Requirements. An operator of a (1) If a line is new, replaced, gathering line must comply with the gathering line must follow the safety relocated, or otherwise changed, the following deadlines, as applicable. requirements of this part as prescribed design, installation, construction, initial by this section. (1) An operator of a new, replaced, (b) Offshore lines. An operator of an inspection, and initial test must be in relocated, or otherwise changed line offshore gathering line must comply accordance with this part. must be in compliance with the with requirements of this part (2) If the pipeline is metallic, control applicable requirements of this section applicable to transmission lines, except corrosion according to Subpart I of this by the date the line goes into service, the requirements in § 192.150 and in part; except as proved in § 192.13. Subpart O of this part. (3) Carry out a damage prevention (2) If a regulated onshore gathering (c) Type A lines. An operator of a program under § 192.614; line that exists on [date final rule takes Type A regulated onshore gathering line (4) Establish the MAOP of the line effect] was not previously subject to this must comply with the requirements of under § 192.619; part, an operator has until the date this part applicable to transmission (5) Install and maintain line markers stated in the second column to comply lines, except the requirements in according to the requirements for with the applicable requirement for the § 192.150 and in Subpart O of this part. transmission lines in § 192.707; and line listed in the first column:

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Requirement Compliance deadline

Control corrosion according to Subpart I requirements ...... [2 years after date final rule takes effect]. Carry out a damage prevention program under § 192.614 ...... [6 months after date final rule takes effect]. Establish MAOP under § 192.619 ...... [6 months after date final rule takes effect]. Install and maintain line markers under § 192.707 ...... [1 year after date final rule takes effect]. Establish a public education program under § 192.616 ...... [1 year after date final rule takes effect]. Other provisions of this part as required by paragraph (c) of this sec- [2 years after the final rule is published]. tion for Type A lines.

(3) If, after [date final rule takes a. Revise the section heading, and that is readied for service after the date effect], a change in class location or b. Revise paragraphs (a) and (b), to in the second column, unless: increase in dwelling density causes an read as follows: (1) The pipeline has been designed, onshore gathering line to be a regulated installed, constructed, initially onshore gathering line, the operator has § 192.13 What general requirements apply inspected, and initially tested in 1 year after the line becomes a regulated to pipelines regulated under this part? accordance with this part; or onshore gathering line to comply with (2) The pipeline qualifies for use (a) No person may operate a segment this section. under this part in accordance with of pipeline listed in the first column 6. In § 192.13, § 192.14.

Pipeline Date

Offshore gathering line ...... July 31, 1977. Regulated onshore gathering line to which this part did not apply until [1 year after the final rule is published.] [date final rule takes effect]. All other pipelines ...... March 12, 1971.

(b) No person may operate a segment changed after the date in the second relocation or change has been made in of pipeline listed in the first column column, unless the replacement, accordance with this part. that is replaced, relocated, or otherwise

Pipeline Date

Offshore gathering line ...... July 31, 1977. Regulated onshore gathering line to which this part did not apply until [1 year after the final rule is published.] [date final rule takes effect]. All other pipelines ...... November 12, 1970.

* * * * * existing on [effective date of final rule] § 192.619 What is the maximum allowable 7. In § 192.452, and not previously subject to this part: operating pressure for steel or plastic a. Revise the section heading, pipelines? (1) The requirements of this subpart b. Designate the existing text as * * * * * paragraph (a), specifically applicable to pipelines c. Add ‘‘Converted pipelines.’’ as the installed before August 1, 1971, apply (a) * * * heading of newly designated paragraph notwithstanding the date the gathering (3) The highest actual operating (a), and line was actually installed; and pressure to which the segment was d. Add a new paragraph (b), to read (2) The requirements of this subpart subjected during the 5 years preceding as follows: specifically applicable to pipelines the applicable date in the second installed after July 31, 1971, apply only § 192.452 How does this subpart apply to column, unless the segment was tested converted pipelines and regulated onshore if the pipeline substantially meets those in accordance with paragraph (a)(2) of gathering lines? requirements. this section after the applicable date in (a) Converted pipelines. *** 8. In § 192.619, revise the section the third column or the segment was (b) Regulated onshore gathering lines. heading and paragraphs (a)(3) and (c) to uprated in accordance with subpart K of For any regulated onshore gathering line read as follows: this part:

Pipeline Pressure date Test date

Onshore gathering lines that first became subject to this First day of month before month final rule is published, 5 years preceding date in part (other than § 192.612) after (day before final rule or date line becomes a regulated onshore gathering second column. takes effect). line under this part, whichever is later. Offshore gathering lines ...... July 1, 1976 ...... July 1, 1971. All other pipelines ...... July 1, 1970 ...... July 1, 1965.

* * * * * (c) Notwithstanding the other to the requirements of § 192.611, an requirements of this section and subject operator may operate a segment of

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pipeline found to be in satisfactory Telephone number: (202) 493–0245, (VTTI) to conduct research on heavy condition, considering its operating and FAX number: (202) 366–7002. For legal truck mirror systems. The agency maintenance history, at the highest issues: Mr. Eric Stas, Office of the Chief identified the objective of the study as actual operating pressure to which the Counsel, Telephone number: (202) 366– assessing side and rearward visibility of segment was subjected during the 5 2992, FAX number: (202) 366–3820. heavy trucks, documenting current years preceding the applicable date in You may send mail to either of these mirror design and aiming, developing a the second column of the table in officials at NHTSA, 400 Seventh Street, method to evaluate mirror fields of paragraph (a)(3) of this section. S.W., Washington, DC 20590. view, and recommending enhanced Issued in Washington, DC, on September SUPPLEMENTARY INFORMATION: mirror design and aiming. Results of that research will be posted on our Web 23, 2005. I. Background Stacey L. Gerard, site (http://www.nhtsa.dot.gov) when it is completed. Associate Administrator for Pipeline Safety. Federal Motor Vehicle Safety Standard No. 111, Rearview mirrors, [FR Doc. 05–19455 Filed 9–28–05; 8:51 am] II. Reason for Termination does not require, nor restrict, the use of BILLING CODE 4910–60–P convex mirrors on heavy trucks such as After careful consideration, NHTSA the ones identified in the Sanford has decided to withdraw this 1 rulemaking. The agency believes further DEPARTMENT OF TRANSPORTATION petition. Instead, multipurpose passenger vehicles and trucks with a research on front fender-mounted National Highway Traffic Safety Gross Vehicle Weight Rating (GVWR) of convex mirrors is needed in order to draw appropriate conclusions as to the Administration more than 4,536 kg (10,000 lbs.) are required to have outside mirrors of unit efficacy of these devices, and we are currently in the process of conducting 49 CFR Part 571 magnification with stable supports on both sides of the vehicle; these mirrors such research. If this research indicates [Docket No. NHTSA–2002–12347] must be located to provide the driver a a need for future rulemaking, the agency RIN 2127–AI52 view to the rear along both sides of the will act accordingly. The agency arrived at this decision to vehicle and be adjustable in both the terminate after reviewing the comments Federal Motor Vehicle Safety horizontal and vertical directions. received and identifying the need for Standards; Rearview Mirrors Regarding the use of convex mirrors on additional research data upon which to heavy trucks in the fleet, the agency AGENCY: National Highway Traffic propose any rulemaking. While no previously noted that they are being Safety Administration (NHTSA), reference to available data regarding used extensively by the heavy trucking Department of Transportation (DOT). demonstrated safety benefits of front industry, and that informal surveys by ACTION: Notice of withdrawal of fender-mounted convex mirrors was NHTSA staff suggested that rulemaking. submitted, some responses did address approximately two-thirds of large trucks the prevalence and cost of these mirrors SUMMARY: In response to a petition for (excluding cab over designs) were on heavy trucks. rulemaking submitted by Ms. Barbara equipped with convex mirrors on only For example, Mr. Roger Brock, an Sanford, NHTSA published a Request the right front fender and approximately individual, referred to an informal for Comments (RFC) in the Federal half were equipped with convex mirrors interstate survey of tractor-trailer Register on January 22, 2003 that on both front fenders. combinations involving 336 units that included several questions regarding As noted above, NHTSA published a found approximately 64% of the subject convex mirrors on commercial trucks. RFC on January 22, 2003 regarding trucks had a front fender-mounted The Sanford petition asked the agency convex mirrors on commercial trucks convex mirror on at least one side and 2 to amend our Federal Motor Vehicle (68 FR 2993). The agency received 24 approximately 46% had them on both Safety Standard (FMVSS) for rearview comments in response to our published sides. The Truck Manufacturers mirrors to require that all commercial RFC from automobile and automobile Association (TMA) responded that sales trucks traveling on interstate highways equipment manufacturers, trade data from six manufacturers from the have convex mirrors affixed to their associations, public interest groups, and prior 2–3 years demonstrated a range front right and left fenders in order to individuals. These comments may be from 7% to 72%, varying by provide drivers of these vehicles an viewed at: http://dms.dot.gov/search/ manufacturer, of trucks sold were increased field-of-view during lane searchFormSimple.cfm (Docket No. equipped with hood/fender-mounted 3 change maneuvers, which the petitioner 12347). Several of the comments convex mirrors. TMA also estimated the stated is necessary to eliminate a blind provided insight on convex mirrors list prices for such mirrors to vary from spot caused by the elevated position of generally. However, none of the $65 to $225 per mirror. The American commercial truck drivers relative to responses included data demonstrating Trucking Associations agreed that a passenger cars. Prior to receiving the safety benefits associated with requiring significant portion of commercial motor Sanford petition, the agency had convex mirrors on the front right and vehicles currently use fender-mounted decided to conduct research on heavy left fenders of commercial trucks. mirrors but stated that some truck mirror systems, including fender- The agency has contracted with configurations of trucks or truck tractors mounted mirrors. For reasons discussed Virginia Tech Transportation Institute will not permit the use of such mirrors in this document, the agency is due to those vehicles’ specialized withdrawing the RFC and is terminating 1 Docket No. NHTSA–2002–12347. 2 applications. this rulemaking, because additional Docket No. NHTSA–2002–12347–1. 3 We note that the comments in the docket also In light of the absence of available research is necessary to assess the address another petition involving a request from safety data, the currently high rate of potential safety benefits of convex AM General Corporation to permit vehicles with a voluntary installation of convex mirrors mirrors in this application. GVWR of more than 4,536 kg and with an overall on commercial trucks, and our as-yet FOR FURTHER INFORMATION CONTACT: length that is less than 508 centimeters to have the For option of being equipped with a passenger-side incomplete research program, the non-legal issues: Mr. David M. Hines, convex mirror instead of the required passenger- agency has decided to withdraw this Office of Crash Avoidance Standards, side mirror of unit magnification. rulemaking. Nevertheless, the agency

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remains interested in reducing truck issues associated with front fender- Issued on: September 20, 2005. mirror blind spots and will thoroughly mounted convex mirrors. Stephen R. Kratzke, review the VTTI research results in its Authority: 49 U.S.C. 322, 30111, 30115, Associate Administrator for Rulemaking. efforts to understand the relevant safety 30117, and 30166; delegations of authority at [FR Doc. 05–19666 Filed 9–30–05; 8:45 am] 49 CFR 1.50 and 501.8. BILLING CODE 4910–59–P

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Notices Federal Register Vol. 70, No. 190

Monday, October 3, 2005

This section of the FEDERAL REGISTER the collection of information unless it Frequency of Responses: Reporting: contains documents other than rules or displays a currently valid OMB control On occasion. proposed rules that are applicable to the number. Total Burden Hours: 2,700. public. Notices of hearings and investigations, committee meetings, agency decisions and Food and Nutrition Service Ruth Brown, rulings, delegations of authority, filing of Title: FNS Computer System Access Departmental Information Collection petitions and applications and agency Request. Clearance Officer. statements of organization and functions are OMB Control Number: 0584–NEW. [FR Doc. 05–19672 Filed 9–30–05; 8:45 am] examples of documents appearing in this Summary of Collection: The Office of section. BILLING CODE 3410–30–P Management and Budget Circular No. A–130, Appendix III, Security of DEPARTMENT OF AGRICULTURE Federal Automated Information DEPARTMENT OF AGRICULTURE Resources, dated February 8, 1996, Submission for OMB Review; established a minimum set of controls to Commodity Credit Corporation Comment Request be included in Federal automated information security programs. Information Collection: Brokerage September 27, 2005. Establishing personal controls to screen Agreement for the Transportation of The Department of Agriculture has users to allow access to authorized USDA Commodities submitted the following information system is directed in this appendix. The AGENCY: Commodity Credit Corporation, collection requirement(s) to OMB for Food and Nutrition Service (FNS) USDA. review and clearance under the Computer System Access Request Form, Paperwork Reduction Act of 1995, FNS–674, is designed for this purpose ACTION: Notice; request for comments. Public Law 104–13. Comments and will be used in all situations where SUMMARY: In accordance with the regarding (a) whether the collection of access to an FNS computer system is Paperwork Reduction Act of 1995, the information is necessary for the proper required, where current access is Commodity Credit Corporation (CCC) is performance of the functions of the required to be modified, or where access seeking comments from all interested agency, including whether the is no longer required and must be individuals and organizations on the information will have practical utility; deleted. Users who access FNS systems extension of an approved information (b) the accuracy of the agency’s estimate are: State agencies, other Federal collection with revision. This of burden including the validity of the agencies, FNS Regional offices, FNS methodology and assumptions used; (c) Field offices, FNS Compliance Offices, information collection is used to ways to enhance the quality, utility and staff contractors, and FNS headquarters support of brokerage services needed to clarity of the information to be staff. meet domestic and export food collected; (d) ways to minimize the Need and Use of the Information: The assistance program needs. burden of the collection of information State Coordinator is responsible for This information collection will allow on those who are to respond, including ensuring that State users and entities CCC to determine the availability of through the use of appropriate comply with the FNS Information brokers to meet CCC’s transportation automated, electronic, mechanical, or Systems Security Policy Handbook 701 needs. The agreement in this other technological collection and the FNS Information Systems information collection is an addition to techniques or other forms of information Standards and Procedures Handbook the Standard Rules Tender (SRT) technology should be addressed to: Desk 702 developed for State systems for Governing Motor Carrier Transportation, Officer for Agriculture, Office of their use in maintaining proper controls and/or Standard Operating Agreement Information and Regulatory Affairs, over FNS security features used by State (SOA) Governing Intermodal Office of Management and Budget clients. The Regional Deputy Transportation that CCC approved. (OMB), Information System Security Officers act DATES: Comments on this notice must be [email protected] or on behalf of the Headquarters received on or before December 2, 2005, fax (202) 395–5806 and to Departmental Information Systems Security Office to to be assured consideration. Clearance Office, USDA, OCIO, Mail ensure that Regional, Field Office, and ADDRESSES: Comments concerning this Stop 7602, Washington, DC 20250– the Compliance Office users comply notice must be sent to Kansas City 7602. Comments regarding these with the FNS handbook security Commodity Office, USDA, Attn: Khristy information collections are best assured policies developed for the regional Baughman, Chief, Planning and of having their full effect if received environment. FNS employs a staff of Analysis Division, 6501 Beacon Drive, within 30 days of this notification. contractors who develop, monitor, and Kansas City, Missouri 64133–4676 and Copies of the submission(s) may be maintain the numerous FNS systems to the Desk Officer for Agriculture, obtained by calling (202) 720–8958. and also a small group who perform Office of Information and Regulatory An agency may not conduct or various administrative functions. If Affairs, Office of Management and sponsor a collection of information access were not granted, users would be Budget, Washington, DC 20503. unless the collection of information denied access to systems needed to Comments may be also submitted via displays a currently valid OMB control deliver FNS programs. fax to (816) 926–1648 or by e-mail to number and the agency informs Description of Respondents: State, [email protected]. potential persons who are to respond to Local, or Tribal Government; Federal the collection of information that such Government. FOR FURTHER INFORMATION CONTACT: persons are not required to respond to Number of Respondents: 2,700. Khristy Baughman, Chief, Planning and

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Analysis Division, Kansas City Signed at Washington, DC, on September Application Kit for Research and Commodity Office, (816) 926–6509. 24, 2005. Extension Programs. James R. Little, OMB Number: 0524–0039. SUPPLEMENTARY INFORMATION: Executive Vice President, Commodity Credit Expiration Date of Current Approval: Title: Brokerage Agreement for the Corporation. March 31, 2006. Transportation of USDA Commodities. [FR Doc. 05–19670 Filed 9–30–05; 8:45 am] Type of Request: Revise a currently OMB Control Number: 0560–0224. BILLING CODE 3410–05–P approved information collection. Type of Request: Extension with Abstract: The Cooperative State revision. Research, Education, and Extension Service (CSREES) sponsors ongoing Abstract: CCC, through the Kansas DEPARTMENT OF AGRICULTURE agricultural research, extension, and City Commodity Office (KCCO), solicits Cooperative State Research, education programs under which bids from brokers for the purpose of Education, and Extension Service competitive, special, and other awards providing transportation brokerage of a high-priority nature are made. services of agricultural commodities. Notice of Intent To Revise a Currently Before awards can be made, certain Only approved Intermodal Marketing Approved Information Collection information is required from applicants Companies (IMC) will be authorized to AGENCY: Cooperative State Research, as part of an overall proposal package. provide rail trailer-on-flatcar/container- In addition to project summaries, on-flatcar (TOFC/COFC) service that Education, and Extension Service, USDA. descriptions of the research, extension, CCC hires to provide program or education efforts; literature reviews; ACTION: Notice and request for transportation needs. Only approved curricula vitae of project directors; comments. Motor Carriers will be authorized to other, relevant technical aspects of the provide over the road trucking service SUMMARY: In accordance with the proposed project; and supporting that CCC hires to meet domestic and Paperwork Reduction Act of 1995 (Pub. documentation of an administrative and export program needs. Intermodal L. 104–13) and Office of Management budgetary nature also must be provided. Marketing Companies and Motor and Budget (OMB) regulations at 5 CFR Because of the nature of the Carriers that choose to broker loads with part 1320 (60 FR 44977, August 29, competitive, peer-reviewed process, it is the KCCO Export Operations Division 1995), this notice announces the important that information from (EOD) are required to complete and Cooperative State Research, Education, applicants be available in a submit the KC–11 (Brokerage Agreement and Extension Service’s (CSREES) standardized format to ensure equitable for the Transportation of USDA intention to revise a currently approved treatment. Each year, solicitations are Commodities). Completion of the form information collection entitled, issued requesting proposals for various is only required one time. EOD is ‘‘Cooperative State Research, Education research, education, and extension areas collecting information to determine the and Extension Service Application Kit targeted for support. Applicants submit brokers that are available to meet CCC for Research and Extension Programs.’’ proposals for these targeted areas requirements for hauling agricultural DATES: Written comments on this notice following formats outlined in the products for CCC. must be received by December 2, 2005 proposal application guidelines Respondents: Brokers. to be assured of consideration. accompanying each program’s Respondents: 47. Comments received after that date will solicitation. These proposals are Estimated Number of Annual be considered to the extent practicable. evaluated by peer review panels and awarded on a competitive basis. The Responses per Respondent: 1. ADDRESSES: Written comments forms and narrative information are Estimated Total Annual Burden on concerning this notice may be mailed to Jason Hitchcock, E-Government Program mainly used for proposal evaluation and Respondents: 47 hours. administration purposes. While some of Comments are invited regarding: (a) Leader, Information Systems and Technology Management, CSREES, the information is used to respond to Whether the collection of information is inquiries from Congress and other necessary for the proper performance of USDA, STOP 2216, 1400 Independence Avenue, SW., Washington, DC 20250– government agencies, the forms are not the functions of the agency, including designed to be statistical surveys or data whether the information will have 2216 or sent electronically to: [email protected]. collection instruments. Their practical utility; (b) the accuracy of the completion by potential recipients is a agency’s estimate of burden including FOR FURTHER INFORMATION CONTACT: To normal part of the application to the validity of the methodology and request a copy of the information agencies which support basic and assumptions used; (c) ways to enhance collection, contact Jason Hitchcock, applied science. the quality, utility and clarity of the telephone:(202) 720–4343 or e-mail: In FY 2004, CSREES initiated the information collected; or (d) ways to [email protected]. receipt of applications electronically minimize the burden of the collection of CSREES Forms–2002, –2003, –2004, through the Grants.gov (http:// the information on those who are to –2005, –2006, –2007, and –2008 are also www.grants.gov) storefront for limited respond, including through the use of available in PDF and MSWord formats programs. CSREES expects to utilize the appropriate automated, electronic, on the CSREES Web site, under SF–424(R&R) Application for Federal mechanical, or other technological ‘‘CSREES Application Forms,’’ at Assistance data set and forms package collection techniques or other forms of http://www.csrees.usda.gov/funding/ (see 69 FR 53923) along with CSREES information technology. forms.html. CSREES Form–2010 is Agency-specific forms to receive All comments received in response to available under ‘‘Multicultural Scholars applications electronically. The CSREES this notice, including names and Application Forms,’’ at http:// Agency-specific forms have been addresses when provided, will be a www.csrees.usda.gov/funding/forms deployed; and, after additional matter of public record. Comments will multicultural.html. operational testing of the forms and be summarized and included in the SUPPLEMENTARY INFORMATION: their instructions, CSREES will again submission for Office of Management Title: Cooperative State Research, make available the option to submit and Budget approval. Education, and Extension Service applications electronically to CSREES

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through Grants.gov. As CSREES form will be used to document ‘‘National Environmental Policy Act transitions to use of the SF–424(R&R), fellowship appointments and Exclusions,’’ (.25 hours per response); there remains a need for the currently scholarships, pertinent demographic 3,575 hours for Form CSREES–2007, approved information collection data on the fellows/scholars, and ‘‘Identification of Conflicts of Interest,’’ entitled, ‘‘Cooperative State Research, documentation of the progress of the (.5 hours per response); 4,725 hours for Education and Extension Service fellows/scholars under the program. Form CSREES–2008, ‘‘Assurance Application Kit for Research and The following information will be Statement,’’ (.5 hours per response); Extension Programs.’’ collected in the CSREES agency-specific 107,250 for the ‘‘Proposal Summary/ The following information is collected forms when the agency transitions to Proposal Narrative,’’ (an average of 15 in the ‘‘Cooperative State Research, use of the SF–424(R&R) forms. hours per response); and 150 hours for Education and Extension Service Supplemental Information Form: This Form CSREES–2010, ‘‘Fellowships/ Application Kit for Research and form is to be used by all competitive Scholarships Entry/Exit Form,’’ (3 hours Extension Programs.’’ and special grant programs, and will per response). Form CSREES–2002, Proposal Cover collect the program name and program For the CSREES Agency-specific Page: Provides names, mailing and code to which the applicant is applying, forms that will accompany the SF–424 electronic addresses, and telephone additional applicant type information, (R&R) forms: 1,788 for the numbers of project directors and Department of Health and Human ‘‘Supplemental Information’’ form (.25 authorized agents of applicant Services Payment Management System hours per response), 240 hours for the institutions and general information account information, key words, and ‘‘NRI Application Type’’ form (.08 hours regarding the proposals. conflict of interest information. per response), and 80 hours for the Form CSREES–2003, Project NRI Proposal Type Form: This form ‘‘Application Modification’’ form (.08 Summary: Lists the Project Director(s) will be used only by the National hours per response). and their institution(s), project title and Research Initiative to collect the specific Frequency of Respondents: Annually. key words, and a project summary type of application being submitted. Comments: Comments are invited on: Application Modification Form: This which allows for quick screening and (a) Whether the proposed collection of form will be used to indicate the forms assignment of proposals to peer information is necessary for the proper or narrative portions of an application reviewers. performance of the functions of the that an applicant has changed or Form CSREES–2004, Proposal Budget: agency, including whether the Provides a breakdown of the purposes corrected. Respondents: Non-profit institutions, information will have practical utility; for which funds will be spent in the (b) the accuracy of the agency’s estimate event of an award. State, local, or Tribal governments, and a limited number of for-profit of the burden of the proposed collection Form CSREES–2005, Current and of information including the validity of Pending Support: Provides information institutions and individuals. Estimated Number of Respondents: the methodology and assumptions used; for active and pending projects. (c) ways to enhance the quality, utility Form CSREES–2006, National For applicants: 7,150 each for the and clarity of the information to be Environmental Policy Act Exclusions: Proposal Summary/Proposal Narrative collected; and (d) ways to minimize the Allows identification of whether or not and Forms CSREES–2002, –2003, –2004, burden of the collection of information the proposal fits one of the exclusions –2005, –2006, and –2007; 9,450 for on those who are to respond, including listed for compliance with the National Form CSREES–2008, Supplemental through the use of appropriate Environmental Policy Act (7 CFR Part Information Form; 3,000 for the NRI automated, electronic, mechanical, or 3407). This information is used in Proposal Type Form; and 1,000 for the other technological collection determining whether or not further Application Modification Form. For techniques or other forms of information action is needed to meet the grantees: 50 for Form CSREES–2010. technology. Comments should be sent to requirements of this Act. Estimated Total Annual Burden on Form CSREES–2007, Identification of Respondents (calculated based on a the address stated in the preamble. Conflicts of Interest: Lists the person(s) survey of grant applicants conducted by All responses to this notice will be who are in conflict of interest with the CSREES): The three year total burden on summarized and included in the request applicant(s). This is used when the public is estimated to be 161,029 for OMB approval. All comments also selecting peer review panels to assure hours. This burden assumes 156,813 in will become a matter of public record. objective reviews. the first year and 2,108 in each of years Done at Washington, DC, this 22nd day of Form CSREES–2008, Assurance 2 and 3 when CSREES transitions to the September, 2005. Statement(s): Provides required use of the SF–424 (R&R) forms and Colien Hefferan, assurances of compliance with CSREES Agency-specific forms. The Administrator, Cooperative State Research, regulations involving the protection of 161,029 estimated total burden over Education, and Extension Service. human subjects, animal welfare, and three years equates to an estimated [FR Doc. 05–19677 Filed 9–30–05; 8:45 am] recombinant DNA research. This form is annual average of burden to the public BILLING CODE 3410–22–P be used for competitive, special, and of 53,676 hours (161,029 ÷ 3). formula-funded projects. The individual form burden is as Proposal Summary/Proposal follows: 21,450 hours for Form DEPARTMENT OF AGRICULTURE Narrative: Provides a description of the CSREES–2002, ‘‘Proposal Cover Page,’’ proposed activity for which support is (3 hours per response); 3,575 hours for Grain Inspection, Packers and requested including objectives, plan of Form CSREES–2003, ‘‘Project Stockyards Administration operation, and the project’s significance Summary,’’ (.5 hours per response); [05–MN–C] to higher education in the food and 7,150 hours for Form CSREES–2004, agricultural sciences. ‘‘Proposal Budget,’’ (1 hour per Opportunity To Comment on the Form CSREES–2010, Fellowships/ response); 7,150 hours for Form Applicants for the Minnesota Area Scholarships Entry/Exit Form: This form CSREES–2005, ‘‘Current and Pending will only apply to recipients of a Support,’’ (1 hour per response); 1,788 AGENCY: Grain Inspection, Packers and CSREES fellowship or scholarship. The hours for Form CSREES–2006, Stockyards Administration, USDA.

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ACTION: Notice. a company proposing to do business as Rock, Nobles, Jackson, Martin, and Minnesota Grain Inspection, Inc. Faribault Counties, Minnesota. SUMMARY: GIPSA requests comments on (Minnesota Grain) a subsidiary of State Grain applied for designation in the applicants for designation to provide Socie´te´ Ge´ne´rale de Surveillance (SGS) Hennepin, Ramsey, Washington, Carver, official services in the Minnesota area. North America, Inc., and a company Scott, Dakota, Brown, Nicollet, Le DATES: Comments must be received on proposing to do business as State Grain Sueur, Rice, Goodhue, Watonwan, Blue or before October 18, 2005. Inspection, Inc. (State Grain) a Earth, Waseca, Steele, Dodge, Martin, ADDRESSES: We invite you to submit subsidiary of National Quality and Faribault Counties; and Jackson comments on the applicants by any of Inspection, Inc. Minnesota Department County, east of Highway 29, Minnesota. the following methods: of Agriculture applied for designation to All of the applicants named above • Hand Delivery or Courier: Deliver to provide laboratory services only. indicated they would be willing to Janet M. Hart, Chief, Review Branch, Jamestown applied for designation in accept more or less area in order to Compliance Division, GIPSA, USDA, Clay, Becker, Hubbard, Cass, Wilkin, provide needed service to all requestors. Room 1647–S, 1400 Independence Otter Tail, Wadena, Crow Wing, GIPSA is publishing this notice to Avenue, SW., Washington, DC 20250. Traverse, Grant, Douglas, Todd, provide interested persons the • Fax: Send by facsimile transmission Morrison, Mille Lacs, Kanabec, Pine, Big opportunity to present comments to (202) 690–2755, attention: Janet M. Stone, Stevens, Pope, Stearns, Benton, concerning the applicants. Substantive Hart. Isanti, Chisago, Swift, Kandiyohi, comments citing reasons and pertinent • E-mail: Send via electronic mail to Meeker, Wright, Sherburne, Anoka, Lac data for support or objection to the [email protected]. Qui Parle, Yellow Medicine, Chippewa, designation of the applicants will be • Mail: Send hardcopy to Janet M. Renville, McLeod, Carver, Hennepin, considered in the designation process. Hart, Chief, Review Branch, Compliance Ramsey, Washington, Sibley, Scott, All comments must be submitted to the Division, GIPSA, USDA, STOP 3604, Dakota, Lincoln, Lyon, Redwood, Compliance Division at the above 1400 Independence Avenue, SW., Brown, Nicollet, Le Sueur, Rice, address. Comments and other available Washington, DC 20250–3604. Goodhue, Wabasha, Pipestone, Murray, information will be considered in Read Comments: All comments will Cottonwood, Watonwan, Blue Earth, making a final decision. GIPSA will be available for public inspection at the Waseca, Steele, Dodge, Olmstead, publish notice of the final decision in office above during regular business Winona, Rock, Nobles, Jackson, Martin, the Federal Register. hours (7 CFR 1.27(b)). Faribault, Freeborn, Mower, Fillmore, and Houston Counties, Minnesota. Authority: Pub. L. 94–582, 90 Stat. 2867, FOR FURTHER INFORMATION CONTACT: as amended (7 U.S.C. 71 et seq.). Janet M. Hart at 202–720–8525, e-mail Mid-Iowa applied for designation in [email protected]. Washington, Scott, Dakota, Goodhue, Patricia Donohue-Galvin, Wabasha, Olmstead, Winona, and Acting Administrator, Grain Inspection, SUPPLEMENTARY INFORMATION: This Houston Counties, Minnesota. Packers and Stockyards Administration. action has been reviewed and Minnesota Grain applied for [FR Doc. 05–19658 Filed 9–30–05; 8:45 am] determined not to be a rule or regulation designation in the entire State of BILLING CODE 3410–EN–P as defined in Executive Order 12866 Minnesota. and Departmental Regulation 1512–1; Minnesota applied for laboratory therefore, the Executive Order and services only, in the entire State. Departmental Regulation do not apply North Dakota applied for designation DEPARTMENT OF COMMERCE to this action. in Koochiching, St. Louis, Lake, Cook, In the August 17, 2005, Federal Itasca, Norman, Mahnomen, Hubbard, Bureau of the Census 2010 Census Register (70 FR 48370), GIPSA Cass, Clay, Becker, Wadena, Crow Wing, Advisory Committee announced that Minnesota Department Aitkin, Carlton, Wilkin, Otter Tail, of Agriculture asked GIPSA for a AGENCY: Bureau of the Census, Traverse, Grant, Douglas, Todd, Department of Commerce. voluntary cancellation of their Morrison, Mille Lacs, Kanabec, Pine, designation for domestic services, Stevens, Pope, Stearns, Benton, ACTION: Notice of public meeting. effective November 9, 2005. Sherburne, Isanti, Chisago, Big Stone, SUMMARY: Subsequently, Minnesota informed The Bureau of the Census Swift, Kandiyohi, Meeker, Wright, (U.S. Census Bureau) is giving notice of GIPSA that they would continue to Anoka, Washington, Lac Qui Parle, provide services until December 31, a meeting of the 2010 Census Advisory Chippewa, McLeod, Carver, Hennepin, Committee. Committee members will 2005. Minnesota’s designation will Ramsey, Sibley, Scott, Dakota, Goodhue, cease effective December 31, 2005, and address policy, research, and technical Wabash, and Winona Counties, issues related to 2010 Decennial Census GIPSA asked persons interested in Minnesota. providing official services in Minnesota, programs, including the American Northern Plains applied for Community Survey and related except the export locations, to submit an designation in Kittson, Roseau, Lake of application for designation by programs. Last-minute changes to the the Woods, Koochiching, Marshall, agenda are possible, which could September 16, 2005. Beltrami, Itasca, Polk, Pennington, Red There were nine applicants for the prevent giving advance notification of Lake, Clearwater Hubbard, and Cass schedule changes. Minnesota area: Grain Inspection, Inc. Counties, Minnesota. (Jamestown), Mid-Iowa Grain Schaal applied for designation in DATES: October 27–28, 2005. On October Inspection, Inc. (Mid-Iowa), North Watonwan, Blue Earth, Waseca, Steele, 27, the meeting will begin at Dakota Grain Inspection Service, Inc. Martin, Faribault, Freeborn, Mower approximately 8:30 a.m. and end at (North Dakota), Northern Plains Grain Counties, Minnesota. approximately 5 p.m. On Friday, Inspection Service, Inc. (Northern Sioux City applied for designation in October 28, 2005, the meeting will begin Plains), D. R. Schaal Agency, Inc. Chippewa, Yellow Medicine, Renville, at approximately 8:45 a.m. and end at (Schaal), Sioux City Inspection and Lincoln, Lyon, Redwood, Brown, approximately 11:30 a.m. Weighing Service Company (Sioux Nicollet, Pipestone, Murray, ADDRESSES: The meeting will be held at City), all officially designated agencies; Cottonwood, Watonwan, Blue Earth, the U.S. Census Bureau, 4700 Silver Hill

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Road, Federal Building 3, Suitland, programs and activities related to their Dated: September 28, 2005. Maryland 20746. areas of expertise. Members will address Charles Louis Kincannon, FOR FURTHER INFORMATION CONTACT: Jeri policy, research, and technical issues Director, Bureau of the Census. Green, Committee Liaison Officer, related to 2010 Decennial Census [FR Doc. 05–19747 Filed 9–30–05; 8:45 am] Department of Commerce, U.S. Census Programs, including the American BILLING CODE 3510–07–P Bureau, Room 3627, Federal Office Community Survey. The Committee also Building 3, Washington, DC 20233, will discuss several economic telephone (301) 763–2070, TTY (301) initiatives, as well as issues pertaining DEPARTMENT OF COMMERCE 457–2540. to marketing services and measurement Foreign–Trade Zones Board SUPPLEMENTARY INFORMATION: The 2010 of local labor market activity. Last- Census Advisory Committee is minute changes to the agenda are (Docket 46–2005) composed of a Chair, Vice-Chair, and 20 possible, which could prevent giving Foreign–Trade Zone 50 –– Long Beach, member organizations—all appointed by advance notice of schedule adjustments. the Secretary of Commerce. The California, Application For Subzone, Committee considers the goals of the DATES: October 20–21, 2005. On October Eastman Kodak Company (X–ray film, decennial census, including the 20, the meeting will begin at Color Paper, Digital Media, Inkjet American Community Survey and approximately 8:30 a.m. and adjourn at Paper, Entertainment Imaging, and related programs, and users’ needs for approximately 5 p.m. On October 21, Health Imaging, Whittier and Santa Fe information provided by the decennial the meeting will begin at approximately Springs, California census from the perspective of outside 8:30 a.m. and adjourn at approximately An application has been submitted to data users and other organizations 11:45 a.m. the Foreign–Trade Zones Board (the having a substantial interest and Board) by the Port of Long Beach expertise in the conduct and outcome of ADDRESSES: The meeting will be held at the Hilton Crystal City Hotel at Ronald (California), grantee of FTZ 50, the decennial census. The Committee requesting special–purpose subzone has been established in accordance with Reagan National Airport, 2399 Jefferson Davis Highway, Arlington, Virginia status for the facilities of the Eastman the Federal Advisory Committee Act Kodak Company (Kodak), located in 22202. (Title 5, United States Code, Appendix Whittier and Santa Fe Springs, 2, Section10(a)(b)). FOR FURTHER INFORMATION CONTACT: Jeri California. The application was A brief period will be set aside at the submitted pursuant to the Foreign– meeting for public comment. However, Green, Committee Liaison Officer, Department of Commerce, U.S. Census Trade Zones Act, as amended (19 U.S.C. individuals with extensive statements 81a–81u), and the regulations of the for the record must submit them in Bureau, Room 3627, Federal Building 3, Washington, DC 20233. Her telephone Board (15 CFR part 400). It was formally writing to the Census Bureau Committee filed on September 26, 2005. number is 301–763–2070, TDD 301– Liaison Officer named above at least The facilities for which subzone three working days prior to the meeting. 457–2540. status is proposed are on two sites (more Seating is available to the public on a SUPPLEMENTARY INFORMATION: The than 29 acres total; 299,545 sq. ft. of first-come, first-served basis. Census Advisory Committee of enclosed space) at 12100 Rivera Road in The meeting is physically accessible Professional Associations is composed Whittier (22.9 acres; 1 building with to people with disabilities. Requests for 216,000 sq. ft.) and 10715 Shoemaker sign language interpretation or other of 36 members, appointed by the Presidents of the American Economic Road in Santa Fe Springs (6.3 acres; 1 auxiliary aids should be directed to the building with 83,545 sq. ft.). The Census Bureau Committee Liaison Association, the American Statistical Association, the Population Association facilities are used for the storage and Officer as soon as known, and distribution, as well as certain of America, and the Chairperson of the preferably two weeks prior to the processing operations (e.g., ‘‘kitting’’), of Board of the American Marketing meeting. imported products related to X–ray film, Association. The Committee members Dated: September 27, 2005. color paper, digital media, inkjet paper, address issues regarding Census Bureau Charles Louis Kincannon, entertainment imaging, and health programs and activities related to their Director, Bureau of the Census. imaging. Kodak indicates that authority respective areas of expertise. The to perform its processing operations [FR Doc. 05–19665 Filed 9–30–05; 8:45 am] Committee has been established in BILLING CODE 3510–07–P under FTZ procedures may result in accordance with the Federal Advisory changes in tariff classifications and duty Committee Act (Title 5, United States rates for imported products. The DEPARTMENT OF COMMERCE Code, Appendix 2, Section 10(a)(b)). application states that ‘‘some of the The meeting is open to the public, potential items that might be included Bureau of the Census and a brief period is set aside for public in kitting operations in different comment and questions. Those persons combinations’’ are cameras (HTSUS Census Advisory Committee of 8525.40.4000), docking station Professional Associations with extensive questions or statements must submit them in writing at least (8471.80.1000), docking station with AGENCY: Bureau of the Census, three days before the meeting to the charger (8504.40.9550), printer dock Department of Commerce. Committee Liaison Officer named (8471.60.5500), camera bags ACTION: Notice of public meeting. above. Seating is available to the public (4202.92.9026), batteries (8506 - 8507), battery chargers (8504.40.9550), mini on a first-come, first-served basis. SUMMARY: The U.S. Bureau of the tripods (9006.91.0000), memory cards Census (Census Bureau) is giving notice This meeting is physically accessible (8473.30.1080), USB cable of a meeting of the Census Advisory to people with disabilities. Requests for (8544.41.4000), and power cable - Committee of Professional Associations. sign language interpretation or other printer dock (8544.51.9000). Duty rates The Committee members will address auxiliary aids should also be directed to on these items range from duty–free to issues regarding Census Bureau the Committee Liaison Officer. 17.6% ad valorem.

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The application also requests 2931, 2933, 2934, 2935, 2942, 3004, Board’s Executive Secretary at one of authority to include a broad range of 3402, 3503, 3507, 3701, 3702, 3703, the following addresses: inputs and final products that the plant 3704, 3705, 3706, 3707, 3824, 3901, 1. Submissions Via Express/Package may warehouse, distribute, or process 3903, 3905, 3906, 3907, 3910, 3912, Delivery Services: Foreign-Trade–Zones under FTZ procedures in the future 3917, 3919, 3920, 3921, 3923, 3924, Board, U.S. Department of Commerce, within the categories of X–ray film, 3926, 4008, 4009, 4010, 4016, 4017, Franklin Court Building--Suite 4100W, color paper, digital media, inkjet paper, 4202 (4202.12.6000, 4202.12.8030, 1099 14th St. NW., Washington, DC entertainment imaging (i.e., motion 4202.91.0090, 4202.92.9026, 20005; or picture film, consumer film and related 4202.92.9036, 4202.92.9060), 4203, 2. Submissions Via the U.S. Postal chemicals), and health imaging (i.e., 4415, 4504, 4703, 4802, 4805, 4808, Service: Foreign–Trade-Zones Board, other health imaging film, equipment 4811, 4818, 4819, 4820, 4821, 4823, U.S. Department of Commerce, FCB-- and related chemicals). (New major 4901, 4902, 4905, 4906, 4908, 4909, Suite 4100W, 1401 Constitution Ave. activity in these inputs/products could 4910, 4911, 5906, 6804, 6909, 7003, NW., Washington, DC 20230. require review by the FTZ Board.) 7004, 7005, 7006, 7007, 7008, 7013, The closing period for their receipt is General HTSUS categories of imported 7014, 7020, 7106, 7108, 7112, 7412, December 2, 2005. Rebuttal comments products to be admitted to the proposed 7419, 7606, 7607, 7609, 7616, 8101, in response to material submitted subzone include: 2620, 2710, 2803, 8108, 8302, 8306, 8308, 8309, 8405, during the foregoing period may be 2804, 2806, 2811, 2812, 2815, 2825, 8412, 8413, 8414, 8415, 8418, 8419, submitted during the subsequent 15-day 2827, 2832, 2833, 2836, 2838, 2842, 8420, 8421, 8422, 8423, 8428, 8431, period to December 19, 2005. 2843, 2846, 2851, 2901, 2902, 2903, 8439, 8441, 8443, 8466, 8467, 8470, A copy of the application and 2904, 2906, 2907, 2908, 2909, 2911, 8471, 8472, 8473, 8476, 8477, 8479, accompanying exhibits will be available 2914, 2915, 2916, 2917, 2918, 2920, 8480, 8481, 8485, 8501, 8503, 8504, for public inspection at the Office of the 2921, 2922, 2924, 2925, 2926, 2928, 8505, 8506, 8507, 8511, 8512, 8513, Foreign–Trade Zones Board’s Executive 2930, 2931, 2933, 2934, 2935, 2942, 8514, 8515, 8516, 8518, 8521, 8523, Secretary at address Number 1 listed 3004, 3402, 3503, 3507, 3701, 3702, 8524, 8525, 8528, 8529, 8531, 8532, above and at the Los Angeles U.S. 3703, 3704, 3705, 3706, 3707, 3824, 8533, 8534, 8535, 8536, 8537, 8538, Export Assistance Center, 444 S. Flower, 3901, 3903, 3905, 3906, 3907, 3910, 8539, 8540, 8541, 8542, 8543, 8544, 34th Floor, Los Angeles, CA 90071. 3912, 3917, 3919, 3920, 3921, 3923, 8545, 8546, 8547, 9001, 9002, 9005, 9006, 9007, 9008, 9009, 9010, 9011, Dated: September 26, 2005. 3924, 3926, 4008, 4009, 4010, 4016, Dennis Puccinelli, 4017, 4202 (4202.12.6000, 4202.12.8030, 9013, 9015, 9016, 9017, 9018, 9022, Executive Secretary. 4202.91.0090, 4202.92.9026, 9023, 9024, 9025, 9026, 9027, 9028, 4202.92.9036, 4202.92.9060), 4203, 9029, 9030, 9031, 9032, 9033, 9106, [FR Doc. 05–19750 Filed 9–30–05; 8:45 am] 4415, 4504, 4703, 4802, 4805, 4808, 9402, 9405, 9612, and 9705. The duty BILLING CODE 3510–DS–S 4811, 4818, 4819, 4820, 4821, 4823, rates on these products range from 4901, 4902, 4905, 4906, 4908, 4909, duty–free to 38%. DEPARTMENT OF COMMERCE 4910, 4911, 5906, 6804, 6909, 7003, Zone procedures would exempt Kodak from Customs duty payments on 7004, 7005, 7006, 7007, 7008, 7013, Foreign–Trade Zones Board 7014, 7020, 7106, 7108, 7112, 7412, products that are reexported. On its shipments to the U.S. market, the 7419, 7606, 7607, 7609, 7616, 8101, (Docket 47–2005) company would be able to defer duty 8108, 8302, 8306, 8308, 8309, 8405, payments until merchandise is shipped 8412, 8413, 8414, 8415, 8418, 8419, Foreign–Trade Zone 26 Atlanta, from the plant and entered for 8420, 8421, 8422, 8423, 8428, 8431, Georgia, Application For Subzone, consumption. For certain imported 8439, 8441, 8443, 8466, 8467, 8470, Eastman Kodak Company, (X–ray film, merchandise that is processed into a 8471, 8472, 8473, 8476, 8477, 8479, Color Paper, Digital Media, Inkjet ‘‘kit’’ with other merchandise, a change 8480, 8481, 8485, 8501, 8503, 8504, Paper, Entertainment Imaging, and in customs classification and 8505, 8506, 8507, 8511, 8512, 8513, Health Imaging), Lawrenceville, consequent lower duty rate may apply 8514, 8515, 8516, 8518, 8521, 8523, Georgia (such duty savings are estimated to 8524, 8525, 8528, 8529, 8531, 8532, constitute nine percent of the facilities’ An application has been submitted to 8533, 8534, 8535, 8536, 8537, 8538, estimated $ 700,000 to $ 1 million in the Foreign–Trade Zones Board (the 8539, 8540, 8541, 8542, 8543, 8544, total annual subzone–related savings). Board) by Georgia Foreign–Trade Zone, 8545, 8546, 8547, 9001, 9002, 9005, Kodak would also be able to avoid duty Inc., grantee of FTZ 26, requesting 9006, 9007, 9008, 9009, 9010, 9011, on foreign inputs which become scrap/ special–purpose subzone status for the 9013, 9015, 9016, 9017, 9018, 9022, waste, estimated at one percent of FTZ– facility of the Eastman Kodak Company 9023, 9024, 9025, 9026, 9027, 9028, related savings. Kodak may also realize (Kodak), located in Lawrenceville, 9029, 9030, 9031, 9032, 9033, 9106, logistical/procedural and other benefits Georgia. The application was submitted 9402, 9405, 9612, and 9705. The duty from subzone status. The request pursuant to the Foreign–Trade Zones rates on these products range from indicates that the savings from FTZ Act, as amended (19 U.S.C. 81a–81u), duty–free to 38%. procedures would help improve the and the regulations of the Board (15 CFR The application lists the following international competitiveness of part 400). It was formally filed on general HTSUS categories of finished Kodak’s U.S. operations. September 26, 2005. products that may be shipped from the In accordance with the Board’s The facility for which subzone status proposed subzone: 2710, 2803, 2804, regulations, a member of the FTZ Staff is proposed (17.35 acres; one building 2806, 2811, 2812, 2815, 2825, 2827, has been designated examiner to with 249,550 sq. ft. of enclosed space) 2832, 2833, 2836, 2838, 2842, 2843, investigate the application and report to is located at 2225 Cedars Road in 2846, 2851, 2901, 2902, 2903, 2904, the Board. Lawrenceville. The facility is used for 2906, 2907, 2908, 2909, 2911, 2914, Public comment is invited from the storage and distribution, as well as 2915, 2916, 2917, 2918, 2920, 2921, interested parties. Submissions (original certain processing operations (e.g., 2922, 2924, 2925, 2926, 2928, 2930, and 3 copies) shall be addressed to the ‘‘kitting’’), of imported products related

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to X–ray film, color paper, digital 8505, 8506, 8507, 8511, 8512, 8513, consequent lower duty rate may apply media, inkjet paper, entertainment 8514, 8515, 8516, 8518, 8521, 8523, (such duty savings are estimated to imaging, and health imaging. Kodak 8524, 8525, 8528, 8529, 8531, 8532, constitute five percent of the facility’s indicates that authority to perform its 8533, 8534, 8535, 8536, 8537, 8538, estimated $ 200,000 to $ 350,000 in total processing operations under FTZ 8539, 8540, 8541, 8542, 8543, 8544, annual subzone–related savings). Kodak procedures may result in changes in 8545, 8546, 8547, 9001, 9002, 9005, would also be able to avoid duty on tariff classifications and duty rates for 9006, 9007, 9008, 9009, 9010, 9011, foreign inputs which become scrap/ imported products. The application 9013, 9015, 9016, 9017, 9018, 9022, waste, estimated at one percent of FTZ– states that ‘‘some of the potential items 9023, 9024, 9025, 9026, 9027, 9028, related savings. Kodak may also realize that might be included in kitting 9029, 9030, 9031, 9032, 9033, 9106, logistical/procedural and other benefits operations in different combinations’’ 9402, 9405, 9612, and 9705. The duty from subzone status. The request are cameras (HTSUS 8525.40.4000), rates on these products range from indicates that the savings from FTZ docking station (8471.80.1000), docking duty–free to 38%. procedures would help improve the station with charger (8504.40.9550), The application lists the following international competitiveness of printer dock (8471.60.5500), camera general HTSUS categories of finished Kodak’s U.S. operations. bags (4202.92.9026), batteries (8506 - products that may be shipped from the In accordance with the Board’s 8507), battery chargers (8504.40.9550), proposed subzone: 2710, 2803, 2804, regulations, a member of the FTZ Staff mini tripods (9006.91.0000), memory 2806, 2811, 2812, 2815, 2825, 2827, has been designated examiner to cards (8473.30.1080), USB cable 2832, 2833, 2836, 2838, 2842, 2843, investigate the application and report to (8544.41.4000), and power cable - 2846, 2851, 2901, 2902, 2903, 2904, the Board. printer dock (8544.51.9000). Duty rates 2906, 2907, 2908, 2909, 2911, 2914, Public comment is invited from on these items range from duty–free to 2915, 2916, 2917, 2918, 2920, 2921, interested parties. Submissions (original 17.6% ad valorem. 2922, 2924, 2925, 2926, 2928, 2930, and 3 copies) shall be addressed to the 2931, 2933, 2934, 2935, 2942, 3004, The application also requests Board’s Executive Secretary at one of 3402, 3503, 3507, 3701, 3702, 3703, authority to include a broad range of the following addresses: 3704, 3705, 3706, 3707, 3824, 3901, inputs and final products that the plant 1. Submissions Via Express/Package 3903, 3905, 3906, 3907, 3910, 3912, may warehouse, distribute, or process Delivery Services: Foreign–Trade-Zones 3917, 3919, 3920, 3921, 3923, 3924, under FTZ procedures in the future Board, U.S. Department of Commerce, 3926, 4008, 4009, 4010, 4016, 4017, Franklin Court Building--Suite 4100W, within the categories of X–ray film, 4202 (4202.12.6000, 4202.12.8030, color paper, digital media, inkjet paper, 1099 14th St. NW., Washington, DC 4202.91.0090, 4202.92.9026, 20005; or entertainment imaging (i.e., motion 4202.92.9036, 4202.92.9060), 4203, picture film, consumer film and related 2. Submissions Via the U.S. Postal 4415, 4504, 4703, 4802, 4805, 4808, Service: Foreign–Trade-Zones Board, chemicals), and health imaging (i.e., 4811, 4818, 4819, 4820, 4821, 4823, other health imaging film, equipment U.S. Department of Commerce, FCB-- 4901, 4902, 4905, 4906, 4908, 4909, Suite 4100W, 1401 Constitution Ave. and related chemicals). (New major 4910, 4911, 5906, 6804, 6909, 7003, activity in these inputs/products could NW., Washington, DC 20230. 7004, 7005, 7006, 7007, 7008, 7013, The closing period for their receipt is require review by the FTZ Board.) 7014, 7020, 7106, 7108, 7112, 7412, General HTSUS categories of imported December 2, 2005. Rebuttal comments 7419, 7606, 7607, 7609, 7616, 8101, in response to material submitted products to be admitted to the proposed 8108, 8302, 8306, 8308, 8309, 8405, during the foregoing period may be subzone include: 2620, 2710, 2803, 8412, 8413, 8414, 8415, 8418, 8419, submitted during the subsequent 15-day 2804, 2806, 2811, 2812, 2815, 2825, 8420, 8421, 8422, 8423, 8428, 8431, period to December 19, 2005. 2827, 2832, 2833, 2836, 2838, 2842, 8439, 8441, 8443, 8466, 8467, 8470, A copy of the application and 2843, 2846, 2851, 2901, 2902, 2903, 8471, 8472, 8473, 8476, 8477, 8479, accompanying exhibits will be available 2904, 2906, 2907, 2908, 2909, 2911, 8480, 8481, 8485, 8501, 8503, 8504, for public inspection at the Office of the 2914, 2915, 2916, 2917, 2918, 2920, 8505, 8506, 8507, 8511, 8512, 8513, Foreign–Trade Zones Board’s Executive 2921, 2922, 2924, 2925, 2926, 2928, 8514, 8515, 8516, 8518, 8521, 8523, Secretary at address Number 1 listed 2930, 2931, 2933, 2934, 2935, 2942, 8524, 8525, 8528, 8529, 8531, 8532, above and at the Atlanta U.S. Export 3004, 3402, 3503, 3507, 3701, 3702, 8533, 8534, 8535, 8536, 8537, 8538, 3703, 3704, 3705, 3706, 3707, 3824, 8539, 8540, 8541, 8542, 8543, 8544, Assistance Center, 75 Fifth Street, N.W., 3901, 3903, 3905, 3906, 3907, 3910, 8545, 8546, 8547, 9001, 9002, 9005, Suite 1055, Atlanta, Georgia 30308. 3912, 3917, 3919, 3920, 3921, 3923, 9006, 9007, 9008, 9009, 9010, 9011, Dated: September 26, 2005. 3924, 3926, 4008, 4009, 4010, 4016, 9013, 9015, 9016, 9017, 9018, 9022, Dennis Puccinelli, 4017, 4202 (4202.12.6000, 4202.12.8030, 9023, 9024, 9025, 9026, 9027, 9028, Executive Secretary. 4202.91.0090, 4202.92.9026, 9029, 9030, 9031, 9032, 9033, 9106, [FR Doc. 05–19751 Filed 9–30–05; 8:45 am] 4202.92.9036, 4202.92.9060), 4203, 9402, 9405, 9612, and 9705. The duty BILLING CODE 3510–DS–S 4415, 4504, 4703, 4802, 4805, 4808, rates on these products range from 4811, 4818, 4819, 4820, 4821, 4823, duty–free to 38%. 4901, 4902, 4905, 4906, 4908, 4909, Zone procedures would exempt U.S. DEPARTMENT OF COMMERCE 4910, 4911, 5906, 6804, 6909, 7003, Kodak from Customs duty payments on 7004, 7005, 7006, 7007, 7008, 7013, products that are reexported. On its Foreign–Trade Zones Board 7014, 7020, 7106, 7108, 7112, 7412, shipments to the U.S. market, the 7419, 7606, 7607, 7609, 7616, 8101, company would be able to defer duty Order No. 1410 8108, 8302, 8306, 8308, 8309, 8405, payments until merchandise is shipped Grant of Authority, Establishment of a 8412, 8413, 8414, 8415, 8418, 8419, from the plant and entered for Foreign–Trade Zone, Conroe 8420, 8421, 8422, 8423, 8428, 8431, consumption. For certain imported (Montgomery County), Texas 8439, 8441, 8443, 8466, 8467, 8470, merchandise that is processed into a 8471, 8472, 8473, 8476, 8477, 8479, ‘‘kit’’ with other merchandise, a change Pursuant to its authority under the 8480, 8481, 8485, 8501, 8503, 8504, in customs classification and Foreign–Trade Zones Act of June 18, 1934, as

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amended (19 U.S.C. 81a–81u), the Foreign– establishing a foreign–trade zone, Order, Finding, or Suspended Trade Zones Board adopts the following designated on the records of the Board Investigation. Order: as Foreign–Trade Zone No. 265, atthe Whereas, the Foreign–Trade Zones site described in the application, and FOR FURTHER INFORMATION CONTACT: Act provides for ’’ ... the establishment subject to the Act and the Board’s Sheila E. Forbes, Office of AD/CVD ... of foreign–trade zones in ports of regulations, including Section 400.28. Operations, Office 4, Import entry of the United States, to expedite Signed at Washington, DC, this 16th day of Administration, International Trade and encourage foreign commerce, and September 2005. Administration, U.S. Department of for other purposes,’’ and authorizes the Commerce, 14th Street and Constitution FOREIGN–TRADE ZONES BOARD Foreign–Trade Zones Board to grant to Avenue, N.W., Washington, D.C. 20230, qualified corporations the privilege of Carlos M. Gutierrez. telephone: (202) 482–4697. Secretary of Commerce,Chairman and establishing foreign–trade zones in or SUPPLEMENTARY INFORMATION: adjacent to U.S. Customs ports of entry; Executive Officer. Whereas, the City of Conroe, Texas Attest: Background (the Grantee), has made application to Dennis Puccinelli, Each year during the anniversary the Board (FTZ Docket 34–2004, 69 FR Executive Secretary. month of the publication of an 51060, 8/17/04), requesting the [FR Doc. 05–19749 Filed 9–30–05; 8:45 am] antidumping or countervailing duty establishment of a foreign–trade zone at BILLING CODE 3510–DS–S order, finding, or suspension of a site in Conroe (Montgomery County), investigation, an interested party, as Texas, adjacent to the Houston Customs defined in section 771(9) of the Tariff port of entry; DEPARTMENT OF COMMERCE Act of 1930, as amended, may request, Whereas, notice inviting public in accordance with section 351.213 comment has been given in the Federal International Trade Administration (2002), that the Department conduct an Register (69 FR 51060, 8/17/04; 69 FR Antidumping or Countervailing Duty administrative review of that 61635, 10/20/04; and, 69 FR 74493, 12/ antidumping or countervailing duty 14/04); and, Order, Finding, or Suspended Investigation; Opportunity to Request order, finding, or suspended Whereas, the Board adopts the investigation. findings and recommendations of the Administrative Review examiner’s report, and finds that the Opportunity to Request a Review: AGENCY: Import Administration, requirements of the FTZ Act and the Not later than the last day of October International Trade Administration, Board’s regulations are satisfied, and 2005,1 interested parties may request Department of Commerce. that approval of the application is in the administrative review of the following public interest; ACTION: Notice of Opportunity to orders, findings, or suspended Now, therefore, the Board hereby Request Administrative Review of investigations, with anniversary dates in grants to the Grantee the privilege of Antidumping or Countervailing Duty October for the following periods:

Antidumping Duty Proceedings Period

BRAZIL: Carbon and Certain Alloy Steel Wire Rod. A–351–832 ...... 10/1/04 - 9/30/05 CANADA: Carbon and Certain Alloy Steel Wire Rod. A–122–840 ...... 10/1/04 - 9/30/05 CANADA: Hard Red Spring Wheat. A–122–847 ...... 10/1/04 - 9/30/05 INDONESIA: Carbon and Certain Alloy Steel Wire Rod. A–560–815 ...... 10/1/04 - 9/30/05 ITALY: Pressure Sensitive Tape. A–475–059 ...... 10/1/04 - 9/30/05 MEXICO: Carbon and Certain Alloy Steel Wire Rod. A–201–830 ...... 10/1/04 - 9/30/05 MOLDOVA: Carbon and Certain Alloy Steel Wire Rod. A–841–805 ...... 10/1/04 - 9/30/05 REPUBLIC OF KOREA: Polyvinyl Alcohol. A–580–850 ...... 10/1/04 - 9/30/05 THE PEOPLE’S REPUBLIC OF CHINA: Barium Carbonate. A–570–880 ...... 10/1/04 - 9/30/05 THE PEOPLE’S REPUBLIC OF CHINA: Barium Chloride. A–570–007 ...... 10/1/04 - 9/30/05 THE PEOPLE’S REPUBLIC OF CHINA: Cotton Shop Towels. A–570–003 ...... 10/1/04 - 2/16/05 THE PEOPLE’S REPUBLIC OF CHINA: Helical Spring Lock Washers. A–570–822 ...... 10/1/04 - 9/30/05 THE PEOPLE’S REPUBLIC OF CHINA: Polyvinyl Alcohol. A–570–879 ...... 10/1/04 - 9/30/05 TRINIDAD AND TOBAGO: Carbon and Certain Alloy Steel Wire Rod. A–274–804 ...... 10/1/04 - 9/30/05 UKRAINE: Carbon and Certain Alloy Steel Wire Rod. A–823–812 ...... 10/1/04 - 9/30/05

1 Or the next business day, if the deadline falls on a weekend, federal holiday or any other day when the Department is closed.

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Antidumping Duty Proceedings Period

Countervailing Duty Proceedings. BRAZIL: Carbon and Certain Alloy Steel Wire Rod. C–351–833 ...... 1/1/04 - 12/31/04 CANADA: Hard Red Spring Wheat. C–122–848 ...... 1/1/04 - 12/31/04 IRAN: Roasted In–Shell Pistachios. C–507–601 ...... 1/1/04 - 12/31/04 Suspension Agreements. RUSSIA: Uranium. A–821–802 ...... 10/1/04 - 9/30/05

In accordance with section 351.213(b) Department of Commerce, 14th Street & DEPARTMENT OF COMMERCE of the regulations, an interested party as Constitution Avenue, N.W., defined by section 771(9) of the Act may Washington, D.C. 20230. The International Trade Administration request in writing that the Secretary Department also asks parties to serve a conduct an administrative review. For copy of their requests to the Office of Antidumping or Countervailing Duty both antidumping and countervailing Antidumping/Countervailing Order, Finding, or Suspended duty reviews, the interested party must Operations, Attention: Sheila Forbes, in Investigation; Advance Notification of specify the individual producers or room 3065 of the main Commerce Sunset Reviews exporters covered by an antidumping Building. Further, in accordance with finding or an antidumping or section 351.303(f)(l)(i) of the AGENCY: Import Administration, countervailing duty order or suspension regulations, a copy of each request must International Trade Administration, agreement for which it is requesting a be served on every party on the Department of Commerce. review, and the requesting party must Department’s service list. ACTION: state why it desires the Secretary to The Department will publish in the Notice of Upcoming Sunset review those particular producers or Federal Register a notice of ‘‘Initiation Reviews. exporters.1 If the interested party of Administrative Review of intends for the Secretary to review sales Antidumping or Countervailing Duty Background of merchandise by an exporter (or a Order, Finding, or Suspended Every five years, pursuant to section producer if that producer also exports Investigation’’ for requests received by merchandise from other suppliers) the last day of October 2005. If the 751(c) of the Tariff Act of 1930, as which were produced in more than one Department does not receive, by the last amended, the Department of Commerce country of origin and each country of day of October 2005, a request for (‘‘the Department’’) and the origin is subject to a separate order, then review of entries covered by an order, International Trade Commission the interested party must state finding, or suspended investigation automatically initiate and conduct a specifically, on an order–by-order basis, listed in this notice and for the period review to determine whether revocation which exporter(s) the request is identified above, the Department will of a countervailing or antidumping duty intended to cover. instruct the U.S. Customs and Border order or termination of an investigation As explained in Antidumping and Protection to assess antidumping or suspended under section 704 or 734 Countervailing Duty Proceedings: countervailing duties on those entries at would be likely to lead to continuation Assessment of Antidumping Duties, 69 a rate equal to the cash deposit of (or or recurrence of dumping or a FR 23954 (May 6, 2003), the Department bond for) estimated antidumping or countervailable subsidy (as the case may has clarified its practice with respect to countervailing duties required on those be) and of material injury. the collection of final antidumping entries at the time of entry, or duties on imports of merchandise where withdrawal from warehouse, for Upcoming Sunset Reviews for intermediate firms are involved. The consumption and to continue to collect November 2005 public should be aware of this the cash deposit previously ordered. The following Sunset Reviews are clarification in determining whether to This notice is not required by statute scheduled for initiation in November request an administrative review of but is published as a service to the merchandise subject to antidumping international trading community. 2005 and will appear in that month’s findings and orders. See also the Import Notice of Initiation of Five–Year Sunset Administration web site at http:// Dated: September 22, 2005. Reviews. ia.ita.doc.gov. Holly A. Kuga, Six copies of the request should be Senior Office Director, AD/CVD Operations, submitted to the Assistant Secretary for Office 4, for Import Administration. Import Administration, International [FR Doc. 05–19754 Filed 9–30–05; 8:45 am] Trade Administration, Room 1870, U.S. BILLING CODE 3510–DS–S

Antidumping Duty Proceedings Department Contact

Carbon Steel Plate from Taiwan (A–583–080) ...... Dana Mermelstein (202) 482–1391 Corrosion–Resident Carbon Steel Flat Products from Austrialia (A–602–803) ...... David Goldberger (202) 482–4136 Corrosion–Resident Carbon Steel Flat Products from Canada (A–122–822) ...... Dana Mermelstein (202) 482–1391

2 If the review request involves a non-market exporters of subject merchandise from the non- of the single entity of which the named firms are economy and the parties subject to the review market economy country who do not have a a part. request do not qualify for separate rates, all other separate rate will be covered by the review as part

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Antidumping Duty Proceedings Department Contact

Corrosion–Resident Carbon Steel Flat Products from France (A–427–808) ...... Dana Mermelstein (202) 482–1391 Corrosion–Resident Carbon Steel Flat Products from Germany (A–428–815) ...... Dana Mermelstein (202) 482–1391 Corrosion–Resident Carbon Steel Flat Products from Japan (A–588–824) ...... David Goldberger (202) 482–4136 Corrosion–Resident Carbon Steel Flat Products from South Korea (A–580–816) ...... David Goldberger (202) 482–4136 Cut–to-Length Carbon Steel Plate from Belgium (A–423–805) ...... Dana Mermelstein (202) 482–1391 Cut–to-Length Carbon Steel Plate from Brazil (A–351–817) ...... Dana Mermelstein (202) 482–1391 Cut–to-Length Carbon Steel Plate from Finland (A–405–802) ...... Dana Mermelstein (202) 482–1391 Cut–to-Length Carbon Steel Plate from Germany (A–428–816) ...... David Goldberger (202) 482–4136 Cut–to-Length Carbon Steel Plate from Mexico (A–201–809) ...... Dana Mermelstein (202) 482–1391 Cut–to-Length Carbon Steel Plate from Poland (A–455–802) ...... Dana Mermelstein (202) 482–1391 Cut–to-Length Carbon Steel Plate from Romania (A–485–803) ...... Dana Mermelstein (202) 482–1391 Cut–to-Length Carbon Steel Plate from Spain (A–469–803) ...... Dana Mermelstein (202) 482–1391 Cut–to-Length Carbon Steel Plate from Sweden (A–401–805) ...... David Goldberger (202) 482–4136 Cut–to-Length Carbon Steel Plate from United Kingdom (A–412–814) ...... Dana Mermelstein (202) 482–1391 Countervailing Duty Proceedings. Corrosion–Resident Carbon Steel Flat Products from France (C–427–817) ...... Dana Mermelstein (202) 482–1391 Corrosion–Resident Carbon Steel Flat Products from South Korea (C–580–818) ...... David Goldberger (202) 482–4136 Cut–to-Length Carbon Steel Plate from Belgium (C–423–806) ...... Dana Mermelstein (202) 482–1391 Cut–to-Length Carbon Steel Plate from Brazil (C–351–818) ...... Dana Mermelstein (202) 482–1391 Cut–to-Length Carbon Steel Plate from Mexico (C–201–810) ...... Dana Mermelstein (202) 482–1391 Cut–to-Length Carbon Steel Plate from Spain (C–469–804) ...... Dana Mermelstein (202) 482–1391 Cut–to-Length Carbon Steel Plate from Sweden (C–401–804) ...... David Goldberger (202) 482–4136 Cut–to-Length Carbon Steel Plate from United Kingdom (C–412–815) ...... Dana Mermelstein (202) 482–1391 Suspended Investigations. No suspended investigations are scheduled for initiation in November 2005..

The Department’s procedures for the later than 30 days after the date of EFFECTIVE DATE: October 3, 2005. conduct of Sunset Reviews are set forth initiation. FOR FURTHER INFORMATION CONTACT: The in 19 CFR 351.218. Guidance on Department official identified in the methodological or analytical issues This notice is not required by statute Initiation of Review(s) section below at relevant to the Department’s conduct of but is published as a service to the AD/CVD Operations, Import Sunset Reviews is set forth in the international trading community. Administration, International Trade Department’s Policy Bulletin 98.3-- Dated: September 26, 2005. Administration, U.S. Department of Policies Regarding the Conduct of Five– Holly A. Kuga, Commerce, 14th & Constitution Ave., Year (‘‘Sunset’’) Reviews of NW, Washington, DC 20230. For Antidumping and Countervailing Duty Senior Office Director, AD/CVD Operations, Office 4, for Import Administration. information from the Commision Orders; Policy Bulletin, 63 FR 18871 contact Mary Messer, Office of (April 16, 1998) (‘‘Sunset Policy [FR Doc. 05–19752 Filed 9–30–05; 8:45 am] (BILLING CODE: 3510–DS–S) Investigations, U.S. International Trade Bulletin’’). The Notice of Initiation of Commission at (202) 205–3193. Five–Year (‘‘Sunset’’) Reviews provides further information regarding what is SUPPLEMENTARY INFORMATION: DEPARTMENT OF COMMERCE required of all parties to participate in Background Sunset Reviews. International Trade Administration Puruant to 19 CFR 351.103(c), the The Department’s procedures for the Department will maintain and make Initiation of Five-year (‘‘Sunset’’) conduct of Sunset Reviews are set forth available a service list for these Reviews in 19 CFR 351.218. Guidance on proceedings. To facilitate the timely methodological or analytical issues preparation of the service list(s), it is AGENCY: Import Administration, relevant to the Department’s conduct of requested that those seeking recognition International Trade Administration, Sunset Reviews is set forth in the as interested parties to a proceeding Department of Commerce. Department’s Policy Bulletin 98.3 –– contact the Department in writing SUMMARY: In accordance with section Policies Regarding the Conduct of Five- within 15 days of the publication of the 751(c) of the Tariff Act of 1930, as year (‘‘Sunset’’) Reviews of Notice of Initition. amended (‘‘the Act’’), the Department of Antidumping and Countervailing Duty Please note that if the Department Commerce (‘‘the Department’’) is Orders; Policy Bulletin, 63 FR 18871 receives a Notice of Intent to Participate automatically initiating five-year (April 16, 1998) (‘‘Sunset Policy from a member of the domestic industry (‘‘Sunset Reviews’’) of the antidumping Bulletin’’). within 15 days of the date of initiation, duty orders listed below. The Initiation of Reviews the review will continue. Thereafter, International Trade Commission (‘‘the any interested party wishing to Commission’’) is publishing In accordance with 19 CFR participate in the Sunset Review must concurrently with this notice its notice 351.218(c), we are initiating the Sunset provide substantive comments in of Institution of Five-year Review which Reviews of the following antidumping response to the notice of initiation no covers these same orders. duty orders:

DOC Case No. ITC Case No. Country Product Department Contact

A–588–815 ...... 731–TA–461 Japan Gray Portland Cement & Zev Primor (202) 482–4114 Clinker

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DOC Case No. ITC Case No. Country Product Department Contact

A–201–802 ...... 731–TA–451 Mexico Gray Portland Cement & Zev Primor(202) 482–4114 Clinker

Filing Information deadline, the Department will DEPARTMENT OF COMMERCE As a courtesy, we are making automatically revoke the orders without International Trade Administration information related to Sunset further review. See 19 CFR proceedings, including copies of the 351.218(d)(1)(iii). A–570–831 Department’s regulations regarding If we receive an order–specific notice Sunset Reviews (19 CFR 351.218) and of intent to participate from a domestic Fresh Garlic From the People’s Sunset Policy Bulletin, the Department’s interested party, the Department’s Republic of China; Initiation of New Shipper Review schedule of Sunset Reviews, case regulations provide that all parties history information (i.e., previous wishing to participate in the Sunset AGENCY: Import Administration, margins, duty absorption Review must file complete substantive International Trade Administration, determinations, scope language, import responses not later than 30 days after Department of Commerce. volumes), and service lists available to the date of publication in the Federal EFFECTIVE DATE: the public on the Department’s sunset October 3, 2005. Register of this notice of initiation. The SUMMARY: Internet website at the following The Department of Commerce required contents of a substantive address: ‘‘http://ia.ita.doc.gov/sunset/.’’ (the ‘‘Department’’) has determined that response, on an order–specific basis, are All submissions in these Sunset a request for a new shipper review of set forth at 19 CFR 351.218(d)(3). Note Reviews must be filed in accordance the antidumping duty order on fresh with the Department’s regulations that certain information requirements garlic from the People’s Republic of regarding format, translation, service, differ for respondent and domestic China (‘‘PRC’’), received in May 2005, and certification of documents. These parties. Also, note that the Department’s meets the statutory and regulatory rules can be found at 19 CFR 351.303. information requirements are distinct requirements for initiation. The period Pursuant to 19 CFR 351.103(c), the from the Commission’s information of review (‘‘POR’’) of this new shipper Department will maintain and make requirements. Please consult the review is November 1, 2004, through available a service list for these Department’s regulations for April 30, 2005. proceedings. To facilitate the timely information regarding the Department’s FOR FURTHER INFORMATION CONTACT: preparation of the service list(s), it is conduct of Sunset Reviews.1 Please Ryan A. Douglas or Wendy Frankel, AD/ requested that those seeking recognition consult the Department’s regulations at CVD Operations, Office 8, Import as interested parties to a proceeding 19 CFR Part 351 for definitions of terms Administration, International Trade contact the Department in writing and for other general information Administration, U.S. Department of within 15 days of the publication of the concerning antidumping and Commerce, 14th Street and Constitution Notice of Initation. countervailing duty proceedings at the Avenue, NW, Washington, DC 20230; Because deadlines in Sunset Reviews Department. telephone: (202) 482–1277 and (202) can be very short, we urge interested 482–5849, respectively. This notice of initiation is being parties to apply for access to proprietary SUPPLEMENTARY INFORMATION: information under administrative published in accordance with section protective order (‘‘APO’’) immediately 751(c) of the Act and 19 CFR 351.218(c). Background following publication in the Federal Dated: September 20, 2005. The notice announcing the Register of the notice of initiation of the Holly A. Kuga, antidumping duty order on fresh garlic from the PRC was published on sunset review. The Department’s Senior Office Director, AD/CVD Operations, regulations on submission of proprietary Office 4, for Import Administration. November 16, 1994. On May 31,2005, information and eligibility to receive we received a request for a new shipper [FR Doc. 05–19753 Filed 9–30–05; 8:45 am] access to business proprietary review from Qufu Dongbao Import & information under APO can be found at BILLING CODE 3510–DS–S Export Trade Co., Ltd., (Dongbao). 19 CFR 351.304–306. Dongbao certified that it grew and exported the garlic on which it based its Information Required from Interested request for a new shipper review. Parties Domestic interested parties (defined Initiation of New Shipper Reviews. in section 771(9)(C), (D), (E), (F), and (G) Pursuant to section 751(a)(2)(B)(i)(I) of of the Act and 19 CFR 351.102(b)) the Act and 19 CFR 351.214(b)(2), wishing to participate in these Sunset Dongbao certified that it did not export Reviews must respond not later than 15 fresh garlic to the United States during days after the date of publication in the the period of investigation (POI). Federal Register of this notice of 1 In comments made on the interim final sunset Pursuant to section 751(a)(2)(B)(i)(II) of initiation by filing a notice of intent to regulations, a number of parties stated that the the Act and 19 CFR 351.214(b)(2)(iii)(A), participate. The required contents of the proposed five-day period for rebuttals to Dongbao, certified that, since the notice of intent to participate are set substantive responses to a notice of initiation was initiation of the investigation, it has forth at 19 CFR 351.218(d)(1)(ii). In insufficient. This requirement was retained in the never been affiliated with any exporter final sunset regulations at 19 CFR 351.218(d)(4). As accordance with the Department’s provided in 19 CFR 351.302(b), however, the or grower who exported fresh garlic to regulations, if we do not receive a notice Department will consider individual requests for the United States during the POI, of intent to participate from at least one extension of that five-day deadline based upon a including those not individually domestic interested party by the 15-day showing of good cause. examined during the investigation. As

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required by 19 CFR 351.214(b)(2)(iii)(B), DEPARTMENT OF COMMERCE Scope of the Order Dongbao also certified that its export The scope of this order includes International Trade Administration activities were not controlled by the certain warmwater shrimp and prawns, central government of the PRC. (A–331–802) whether frozen, wild–caught (ocean In addition to the certifications harvested) or farm–raised (produced by described above, the exporter submitted Notice of Initiation of New Shipper aquaculture), head–on or head–off, documentation establishing the Antidumping Duty Review: Certain shell–on or peeled, tail–on or tail–off,1 Frozen Warmwater Shrimp from following: (1) the date on which it first deveined or not deveined, cooked or Ecuador shipped fresh garlic for export to the raw, or otherwise processed in frozen form. United States and the date on which the AGENCY: Import Administration, The frozen warmwater shrimp and fresh garlic was first entered, or International Trade Administration, prawn products included in the scope of withdrawn from warehouse, for Department of Commerce. this order, regardless of definitions in consumption; (2) the volume of its first ACTION: Initiation of New Shipper the Harmonized Tariff Schedule of the shipment and the volume of subsequent Antidumping Duty Review. United States (HTS), are products which shipments; and (3) the date of its first are processed from warmwater shrimp SUMMARY: The Department of Commerce sale to an unaffiliated customer in the and prawns through freezing and which (the Department) has received a request United States. are sold in any count size. for a new shipper review of the Pursuant to section 751(a)(2)(B) of the The products described above may be antidumping duty order on certain processed from any species of Act and 19 CFR 351.214(d)(1), we are frozen warmwater shrimp from Ecuador initiating this new shipper review for warmwater shrimp and prawns. published on February 1, 2005 (70 FR Warmwater shrimp and prawns are shipments of fresh garlic from the PRC 5156). In accordance with section grown and exported by Dongbao. generally classified in, but are not 751(a)(2)(B) of the Tariff Act of 1930, as limited to, the Penaeidae family. Some The POR is November 1, 2004, amended (the Act), and 19 CFR examples of the farmed and wild– through April 30, 2005. See 19 CFR 351.214(d), we are initiating an caught warmwater species include, but 351.214(g)(1)(i)(B). We intend to issue antidumping new shipper review of are not limited to, whiteleg shrimp preliminary results of these reviews no Studmark, S.A. (Studmark). (Penaeus vannemei), banana prawn later than 180 days from the date of EFFECTIVE DATE: October 3, 2005. (Penaeus merguiensis), fleshy prawn initiation, and final results of these FOR FURTHER INFORMATION CONTACT: (Penaeus chinensis), giant river prawn reviews no later than 270 days from the David Goldberger or Gemal Brangman, (Macrobrachium rosenbergii), giant tiger date of initiation. See section AD/CVD Operations, Office 2, Import prawn (Penaeus monodon), redspotted 751(a)(2)(B)(iv) of the Act. Administration, International Trade shrimp (Penaeus brasiliensis), southern brown shrimp (Penaeus subtilis), Because Dongbao has certified that it Administration, U.S. Department of Commerce, 14th Street and Constitution southern pink shrimp (Penaeus grew and exported the fresh garlic on notialis), southern rough shrimp which it based its request for a new Avenue, NW, Washington, DC 20230; telephone: (202) 482–4136 or (202) 482– (Trachypenaeus curvirostris), southern shipper review, we will instruct U.S. 3773, respectively; white shrimp (Penaeus schmitti), blue Customs and Border Protection (CBP) to shrimp (Penaeus stylirostris), western allow, at the option of the importer, the SUPPLEMENTARY INFORMATION: The Department received a timely request white shrimp (Penaeus occidentalis), posting of a bond or security in lieu of and Indian white prawn (Penaeus a cash deposit for each entry of fresh from Studmark, in accordance with 19 CFR 351.214(c), for a new shipper indicus). garlic both grown and exported by Frozen shrimp and prawns that are review of the antidumping duty order Dongbao until the completion of the packed with marinade, spices or sauce on certain frozen warmwater shrimp are included in the scope of this order. new shipper review, pursuant to section from Ecuador. See Notice of Amended In addition, food preparations, which 751(a)(2)(B)(iii) of the Act. Interested Final Determination of Sales at Less are not ‘‘prepared meals,’’ that contain parties that need access to proprietary Than Fair Value and Antidumping Duty information in this new shipper review more than 20 percent by weight of Order: Certain Frozen Warmwater shrimp or prawn are also included in should submit applications for Shrimp from Ecuador, 70 FR 5156 disclosure under administrative the scope of this order. (February 1, 2005). Excluded from the scope are: 1) protective order in accordance with 19 Pursuant to 19 CFR 351.214(b), breaded shrimp and prawns (HTS CFR 351.305 and 351.306. Studmark certified that it is both an subheading 1605.20.10.20); 2) shrimp This initiation and notice are in exporter and producer of the subject and prawns generally classified in the accordance with section 751(a)(2)(B) of merchandise, that it did not export Pandalidae family and commonly the Act and 19 CFR 351.214 and subject merchandise to the United referred to as coldwater shrimp, in any 351.221(c)(1)(i). States during the period of the state of processing; 3) fresh shrimp and investigation (POI) (October 1, 2002, Dated: September 23, 2005. prawns whether shell–on or peeled through September 30, 2003), and that (HTS subheading 0306.23.00.20 and Holly A. Kuga, it was not affiliated with any exporter or 0306.23.00.40); 4) shrimp and prawns in Acting Assistant Secretary for Import producer who exported the subject prepared meals (HTS subheading Administration. merchandise to the United States during 1605.20.05.10); 5) dried shrimp and [FR Doc. 05–19685 Filed 9–30–05; 8:45 am] the POI. Studmark also submitted prawns; 6) canned warmwater shrimp BILLING CODE 3510–DS–S documentation establishing the date on and prawns (HTS subheading which the subject merchandise was first 1605.20.10.40); 7) certain dusted entered for consumption, the volume shrimp; and 8) certain battered shrimp. shipped, and the date of its first sale to an unaffiliated customer in the United 1 ‘‘Tails’’ in this context means the tail fan, which States. includes the telson and the uropods.

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Dusted shrimp is a shrimp–based liquidation of any unliquidated entries Commerce, 14th Street and Constitution product: 1) that is produced from fresh of the subject merchandise from Ave., NW, Washington, DC 20230, (or thawed–from-frozen) and peeled Studmark and allow, at the option of the telephone: (202) 482–1767 or (202) 482– shrimp; 2) to which a ‘‘dusting’’ layer of importer, the posting, until completion 6071, respectively. rice or wheat flour of at least 95 percent of the review, of a bond or security in purity has been applied; 3) with the lieu of a cash deposit for each entry of SUPPLEMENTARY INFORMATION: Section entire surface of the shrimp flesh the merchandise exported by Studmark 702 of the Trade Agreements Act of thoroughly and evenly coated with the in accordance with 19 CFR 351.214(e). 1979 (as amended) (‘‘the Act’’) requires flour; 4) with the non–shrimp content of Because Studmark certified that it both the Department of Commerce (‘‘the the end product constituting between produces and exports the subject Department’’) to determine, in four and 10 percent of the product’s merchandise, the sale of which is the consultation with the Secretary of total weight after being dusted, but prior basis for this new shipper review Agriculture, whether any foreign to being frozen; and 5) that is subjected request, we will permit the bonding government is providing a subsidy with to individually quick frozen (IQF) privilege only for those entries of respect to any article of cheese subject freezing immediately after application subject merchandise for which to an in–quota rate of duty, as defined of the dusting layer. Battered shrimp is Studmark is both the producer and the in section 702(h) of the Act, and to a shrimp–based product that, when exporter. publish an annual list and quarterly dusted in accordance with the Interested parties may submit updates of the type and amount of those definition of dusting above, is coated applications for disclosure under subsidies. We hereby provide the with a wet viscous layer containing egg administrative protective order in Department’s quarterly update of and/or milk, and par–fried. accordance with 19 CFR 351.305 and subsidies on articles of cheese that were The products covered by this order 351.306. imported during the period April 1, are currently classified under the This initiation and notice are in 2005, through June 31, 2005. following HTS subheadings: accordance with section 751(a) of the The Department has developed, in 0306.13.00.03, 0306.13.00.06, Act and 19 CFR 351.214(d). consultation with the Secretary of 0306.13.00.09, 0306.13.00.12, Dated: September 26, 2005. Agriculture, information on subsidies 0306.13.00.15, 0306.13.00.18, Holly A. Kuga, (as defined in section 702(h) of the Act) 0306.13.00.21, 0306.13.00.24, Acting Deputy Assistant Secretary for Import being provided either directly or 0306.13.00.27, 0306.13.00.40, Administration. indirectly by foreign governments on 1605.20.10.10, and 1605.20.10.30. These [FR Doc. 05–19684 Filed 9–30–05; 8:45 am] articles of cheese subject to an in–quota HTS subheadings are provided for BILLING CODE 3510–DS–S rate of duty. The appendix to this notice convenience and for customs purposes lists the country, the subsidy program or only and are not dispositive, but rather programs, and the gross and net the written description of the scope of DEPARTMENT OF COMMERCE amounts of each subsidy for which this order is dispositive. information is currently available. The Initiation of Review Quarterly Update to Annual Listing of Department will incorporate additional Foreign Government Subsidies on In accordance with section programs which are found to constitute Articles of Cheese Subject to an In– subsidies and additional information on 751(a)(2)(B) of the Act and 19 CFR Quota Rate of Duty 351.214(d), we are initiating a new the subsidy programs listed, as the shipper review of the antidumping duty AGENCY: Import Administration, information is developed. order on certain frozen warmwater International Trade Administration, The Department encourages any shrimp from Ecuador produced and Department of Commerce. person having information on foreign exported by Studmark. Because we are SUMMARY: The Department of government subsidy programs which initiating this new shipper review in the Commerce, in consultation with the benefit articles of cheese subject to an month immediately following the first Secretary of Agriculture, has prepared in–quota rate of duty to submit such semianniversary month, this review its quarterly update to the annual list of information in writing to the Assistant covers the period from August 4, 2004, foreign government subsidies on articles Secretary for Import Administration, through July 31, 2005, in accordance of cheese subject to an in–quota rate of U.S. Department of Commerce, 14th with 19 CFR 351.214(g)(ii)(B). We duty during the period April 1, 2005, Street and Constitution Avenue, NW, intend to issue the preliminary results through June 31, 2005. We are Washington, DC 20230. of this review no later than 180 days publishing the current listing of those subsidies that we have determined exist. This determination and notice are in after the date on which this review is accordance with section 702(a) of the EFFECTIVE DATE: October 3, 2005. initiated, and the final results within 90 Act. days after the date on which we issue FOR FURTHER INFORMATION CONTACT: the preliminary results. See section Tipten Troidl or Eric Greynolds, AD/ Dated: September 23, 2005. 751(a)(2)(B)(iv) of the Act. CVD Operations, Office 3, Import Holly A. Kuga, We will instruct the U.S. Customs and Administration, International Trade Acting Assistant Secretary for Import Border Protection to suspend Administration, U.S. Department of Administration. APPENDIX SUBSIDY PROGRAMS ON CHEESE SUBJECT TO AN IN–QUOTA RATE OF DUTY1

Country Program(s) Gross2 Subsidy ($/lb) Net3 Subsidy ($/lb)

Austria ...... European Union Restitution $0.00 $ 0.00 Payments Belgium ...... EU Restitution Payments $ 0.00 $ 0.00

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APPENDIX—Continued SUBSIDY PROGRAMS ON CHEESE SUBJECT TO AN IN–QUOTA RATE OF DUTY1

Country Program(s) Gross2 Subsidy ($/lb) Net3 Subsidy ($/lb)

Canada ...... Export Assistance on Certain $ 0.28 $ 0.28 Types of Cheese Cyprus ...... EU Restitution Payments $ 0.00 $ 0.00 Denmark ...... EU Restitution Payments $ 0.00 $ 0.00 Finland ...... EU Restitution Payments $ 0.00 $ 0.00 France ...... EU Restitution Payments $ 0.00 $ 0.00 Germany ...... EU Restitution Payments $ 0.00 $ 0.00 Greece ...... EU Restitution Payments $ 0.00 $ 0.00 Hungary ...... EU Restitution Payments $ 0.00 $ 0.00 Ireland ...... EU Restitution Payments $ 0.00 $ 0.00 Italy ...... EU Restitution Payments $ 0.00 $ 0.00 Lithuania ...... EU Restitution Payments $ 0.00 $ 0.00 Luxembourg ...... EU Restitution Payments $ 0.00 $ 0.00 Netherlands ...... EU Restitution Payments $ 0.00 $ 0.00 Norway ...... Indirect (Milk) Subsidy $ 0.00 $ 0.00 ...... Consumer Subsidy $ 0.00 $ 0.00 ...... Total $ 0.00 $ 0.00 Poland ...... EU Restitution Payments $ 0.00 $ 0.00 Portugal ...... EU Restitution Payments $ 0.00 $ 0.00 Slovenia ...... EU Restitution Payments $ 0.00 $ 0.00 Spain ...... EU Restitution Payments $ 0.00 $ 0.00 Switzerland ...... Deficiency Payments $ 0.00 $ 0.00 U.K...... EU Restitution Payments $ 0.00 $ 0.00 1 This chart includes only those countries which exported articles of cheese to the United States during 1st Quarter, 2005. 2 Defined in 19 U.S.C. 1677(5). 3 Defined in 19 U.S.C. 1677(6).

[FR Doc. 05–19686 Filed 9–30–05; 8:45 am] DATES: Comments on the FMEPs must (between the Pacific Ocean and Hood (BILLING CODE: 3510–DS–S) be received at the appropriate address or River). WDFW has submitted an fax number (see ADDRESSES) no later amendment to their Lower Columbia than 5 p.m. Pacific daylight time on River FMEP for inland recreational DEPARTMENT OF COMMERCE November 2, 2005. fisheries potentially affecting listed ADDRESSES: Written comments on the adult and juvenile LCR coho salmon. National Oceanic and Atmospheric These FMEPs include fisheries Administration application should be addressed to the Salmon Recovery Division, Hatcheries occurring in all tributaries to the Lower [I.D. 092705B] and Inland Fisheries Branch, 1201 NE Columbia River from the Pacific Ocean Lloyd Blvd. Suite 1100, Portland, OR to the Hood River in Oregon and the Big Endangered and Threatened Species; 97232 or faxed to 503–872–2737. White Salmon River in Washington. The Take of Anadromous Fish Comments may be submitted by e-mail. objective of the fisheries described in The mailbox address for providing e- these FMEPs is to harvest known, AGENCY: National Marine Fisheries mail comments is hatchery-origin coho salmon, and other Service (NMFS), National Oceanic and [email protected]. Include fish species in a manner that does not Atmospheric Administration (NOAA), in the subject line of the e-mail appreciably reduce the likelihood of Commerce. comment the following identifier: survival and recovery of listed LCR ACTION: \ Comments on LCR Coho FMEPs. salmon and steelhead ESUs. All fisheries included in these FMEPs will SUMMARY: Notice is hereby given that FOR FURTHER INFORMATION CONTACT: be managed such that only hatchery- the Oregon Department of Fish and Richard Turner, Portland, Oregon, at origin coho salmon that are adipose fin- Wildlife (ODFW) has submitted a phone number: (503) 736–4737, or e- clipped may be retained. Impact levels Fishery Management and Evaluation mail: [email protected]. on listed LCR coho salmon are specified Plan (FMEP) and the Washington SUPPLEMENTARY INFORMATION: in ODFW’s FMEP and the amendment Department of Fish and Wildlife Species Covered in This Notice to WDFW’s FMEP. Population viability (WDFW) has submitted an amendment analysis and risk assessments in the to an FMEP pursuant to the protective This notice is relevant to the Lower FMEPs indicate the extinction risk for regulations promulgated for Lower Columbia River coho salmon listed coho salmon would not increase Columbia River (LCR) coho salmon (Oncorhynchus kisutch), Lower as a result of the proposed fisheries. A under the Endangered Species Act. The Columbia River Chinook salmon (O. variety of monitoring and evaluation FMEPs specify the future management tshawytscha), Lower Columbia River tasks are specified in the FMEPs to of inland recreational fisheries steelhead (O. mykiss), and Columbia assess the abundance of coho salmon, potentially affecting LCR coho salmon. River chum salmon (O. keta) determine fishery effort and catch of This document serves to notify the evolutionarily significant unit (ESU). coho salmon and other species, and public of the availability of the FMEPs ODFW has submitted to NMFS an monitor angler compliance. A review of for review and comment before final FMEP: Lower Columbia River Coho in compliance with the provisions of the approval or disapproval is made by Oregon Freshwater Fisheries of the FMEPs will be conducted by the state NMFS. Lower Columbia River Tributaries fisheries agencies annually and a

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comprehensive review to evaluate the the Act. The Southern Resident stock of The Plan effectiveness of the FMEPs will occur at killer whales (Orcinus orca) was We developed the Plan with input a minimum every 5 years. designated as depleted on May 29, 2003, from a variety of stakeholders, including As specified in the July 10, 2000, the and a conservation plan was developed state and Federal agencies, tribes, non- Endangered Species Act (ESA) 4(d) rule to promote the conservation and profit groups, industries, the academic for salmon and steelhead (65 FR 42422) recovery of these whales. NMFS community, and concerned citizens. We and updated rule (June 28, 2005, 70 FR announces the availability for public held a series of technical workshops in 37160), NMFS may approve an FMEP if review of the Proposed Conservation 2003-2004 to receive input from it meets criteria set forth in 50 CFR Plan for Southern Resident Killer participants on ideas for management 223.203(b)(4)(i)(A) through (I). Prior to Whales (Plan). NMFS is requesting actions to include in the plan; final approval of an FMEP, NMFS must review and comment on the Plan from coordinated with the NMFS Northwest publish notification announcing its the public and all interested parties. Fisheries Science Center research availability for public review and program, the State of Washington, and comment. DATES: Written comments and information must be received by January the Canadian Department of Fisheries and Oceans; and provided a preliminary Authority 3, 2006. draft document for public review in Under section 4 of the ESA, the ADDRESSES: Copies of the Plan may be March 2005, meeting with agency Secretary of Commerce is required to reviewed and/or copied at NMFS, representatives to discuss the adopt such regulations as he deems Protected Resources Division, 7600 preliminary plan. The Plan incorporates necessary and advisable for the Sand Point Way NE, Seattle, WA 98115. many of the comments received and conservation of species listed as The Plan is available on-line on the includes a completed implementation threatened. The ESA salmon and NMFS web site www.nwr.noaa.gov. schedule with cost estimates for steelhead 4(d) rule (65 FR 42422, July Comments should be submitted by mail conservation measures and research 10, 2000, as updated in 70 FR 37160, to Chief, Protected Resources Division, actions. July 28, 2005) specifies categories of 1201 NE Lloyd Blvd., Suite 1100, The Plan provides a strategy to activities that contribute to the conserve and restore Southern Resident conservation of listed salmonids and Portland, OR 97232 or by e-mail to [email protected]. killer whales, so that they no longer sets out the criteria for such activities. meet the definition of a depleted stock. The rule further provides that the FOR FURTHER INFORMATION CONTACT: Mr. It provides background on the natural prohibitions of paragraph (a) of the rule Garth Griffin, NOAA/NMFS, Northwest history of killer whales, population do not apply to activities associated Region, (503) 231–2005. trends and the potential threats to their with fishery harvest provided that an viability. The Plan lays out a SUPPLEMENTARY INFORMATION: FMEP has been approved by NMFS to conservation strategy to address the be in accordance with the salmon and Background potential threats based on the best steelhead 4(d) rule (65 FR 42422, July available science and includes 10, 2000, as updated in 70 FR 37160, Southern Resident killer whales conservation goals and criteria July 28, 2005). declined by almost 20 percent from consistent with the MMPA. The Plan is Dated: September 29, 2005. 1996-2001. The scientific information not a regulatory action, but presents Angela Somma, evaluated during a status review guidance for use by agencies and Chief, Endangered Species Division, Office indicated that Southern Resident killer interested parties to assist in the of Protected Resources, National Marine whales were depleted under the Marine recovery of killer whales. The Fisheries Service. Mammal Protection Act (MMPA). NMFS conservation measures, outlined in the [FR Doc. 05–19724 Filed 9–30–05; 8:45 am] published a proposed rule to designate plan, detail an initial approach to BILLING CODE 3510–22–S the Southern Resident stock of killer address each of the manageable threats. whales as depleted on January 30, 2003 The program also links management (68 FR 4747). Based on the best actions to an active research program to DEPARTMENT OF COMMERCE scientific information available, fill data gaps, as wells as to monitoring consultation with the Marine Mammal activities for assessing effectiveness. National Oceanic and Atmospheric Commission, and consideration of Feedback from research and monitoring Administration public comments, we determined that will provide the information necessary [I.D. 081905C] the Southern Resident stock of killer to refine ongoing actions and develop whales was depleted under the MMPA and prioritize new actions. The Plan can Endangered Fish and Wildlife; Marine (68 FR 31980; May 29, 2003) and be amended in the future as additional Mammal Protection Act; Proposed announced our intention to prepare a information becomes available. Conservation Plan for Southern conservation plan. Conserving Southern Resident killer whales is a long-term effort and will Resident Killer Whales Conservation plans describe actions to require cooperation and coordination of conserve and recover a species or stock AGENCY: National Marine Fisheries Federal, state, tribal and local designated as depleted under the Service (NMFS), National Oceanic and government agencies, and the MMPA. Conservation plans are modeled Atmospheric Administration (NOAA), community. WNMFS solicits public on recovery plans under the Endangered Commerce. comments on the proposed conservation Species Act and must include (1) site- ACTION: Notice; request for comments. plan. specific management actions necessary SUMMARY: The Marine Mammal to achieve the plan’s goals; (2) estimates Dated: September 29, 2005. Protection Act (MMPA) of 1972, as of time required and costs to implement P. Michael Payne, amended, requires the Secretary of actions; and (3) objective, measurable Acting Deputy Director, Office of Protected Commerce to prepare a conservation criteria which, when met, would result Resources, National Marine Fisheries Service. plan for any species or stock of marine in the species or stock no longer [FR Doc. 05–19729 Filed 9–30–05; 8:45 am] mammals designated as depleted under meeting the definition of depleted. BILLING CODE 3510–22–S

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DEPARTMENT OF COMMERCE Dated: September 29, 2005. providing email comments is Emily Menashes, [email protected]. Include National Oceanic and Atmospheric Acting Director, Office of Sustainable in the subject line of the e-mail Administration Fisheries, National Marine Fisheries Service. comment the following document [FR Doc. 05–19717 Filed 9–28–05; 2:54 pm] identifier: File No. 774–1649–03. [I.D. 092905A] BILLING CODE 3510–22–S FOR FURTHER INFORMATION CONTACT: Ruth Johnson or Tammy Adams, 301/ South Atlantic Fishery Management 713–2289. Council; Law Enforcement Committee DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: The and Advisory Panel Meeting subject amendment is requested under National Oceanic and Atmospheric the authority of the Marine Mammal AGENCY: National Marine Fisheries Administration Protection Act of 1972, as amended Service (NMFS), National Oceanic and [I.D. 090805B] (MMPA; 16 U.S.C. 1361 et seq.), and the Atmospheric Administration (NOAA), Regulations Governing the Taking and Commerce. Marine Mammals; File No. 774–1649–03 Importing of Marine Mammals (50 CFR ACTION: Notice of meeting of the Law part 216). AGENCY: National Marine Fisheries Enforcement Committee and Advisory Permit No. 774–1649–02, issued to Service (NMFS), National Oceanic and Panel. the NMFS, Southwest Fisheries Science Atmospheric Administration (NOAA), Center, authorizes the Holder to capture Commerce. SUMMARY: The South Atlantic Fishery and restrain 100 adults/juveniles and Management Council (Council) will ACTION: Notice; receipt of application for 600 Antarctic fur seal (Arctocephalus hold a joint meeting of its Law permit amendments. gazella) pups to: handle (weigh and Enforcement Committee and Advisory SUMMARY: Notice is hereby given that measure); sample (extract tooth, blood, Panel (AP) in Charleston, South the Southwest Fisheries Science Center, and milk); and tag (flipper tag and Carolina. National Marine Fisheries Service, 8604 instrument). Additionally, the Permit La Jolla Shores Drive, La Jolla, authorizes incidental harassment of DATES: The meeting will take place Southern elephant seals (Mirounga October 12 and 13, 2005. California 92038 (Principal Investigator: Rennie Holt, Ph.D.) has requested an leonina), Crabeater seals (Lobodon ADDRESSES: The meetings will be held at amendment to scientific research Permit carcinophagus), Leopard seals the Town and Country Inn, 2008 No. 774–1649–02. (Hydrurga leptonyx), Ross seals Savannah Highway, Charleston, SC (Ommatophoca rossii), and Weddell DATES: Written, telefaxed, or e-mail 29407; phone 800/334–6660 or 843/ seals (Leptonychotes weddellii) during comments on the new application and 571–1000, FAX 843/766–9444. census surveys and mortality of up to amendment requests must be received three Antarctic fur seals incidental to FOR FURTHER INFORMATION CONTACT: Kim on or before November 2, 2005. capture operations. The Permit expires Iverson, Public Information Officer, ADDRESSES: The application, permit and South Atlantic Fishery Management April 30, 2006. related documents are available for The Holder now requests an Council, One Southpark Circle, Suite review upon written request or by amendment to the Permit to conduct 306, Charleston, S.C., 29407–4699; appointment in the following office(s): additional activities on 15 Antarctic fur phone 843/571–4366 or toll free 866/ Permits, Conservation and Education seal females and 30 pups already SAFMC-10; FAX 843/769–4520; email: Division, Office of Protected Resources, authorized to be taken. There would be [email protected]. NMFS, 1315 East-West Highway, Room no change in the total number of 13705, Silver Spring, MD 20910; phone SUPPLEMENTARY INFORMATION: The Law animals captured or the number of Enforcement Committee and AP will (301)713–2289; fax (301)427–2521; and captures per animal each year. Adult Assistant Regional Administrator for meet jointly from 1p.m. until 5 p.m. on females and pups would be Protected Resources, Southwest Region, October 12, 2005, and from 8:30 a.m. administered isotopes (doubly-labeled NMFS, 501 West Ocean Blvd., Suite until 3 p.m. on October 13, 2005, to water (DLW)) for female/pup energetic 4200, Long Beach, CA 90802–4213; review Amendment 13C to the Snapper studies. Blood samples would be phone (562)980–4020; fax (562)980– Grouper Fishery Management Plan and collected pre- and post administration 4027. of isotopes. Seals would be held up to provide recommendations to the Written comments or requests for a three hours and the female and pup Council. Committee and AP members public hearing on this request should be released simultaneously. Additionally, will also receive an update on the use mailed to the Chief, Permits, pups would be lavaged to remove milk of marine protected areas as a fishery Conservation and Education Division, from their stomachs before the management tool, discuss state F/PR1, Office of Protected Resources, administration of DLW. regulations regarding the sale of NMFS, 1315 East-West Highway, Room recreationally caught fish in the region, Concurrent with the publication of 13705, Silver Spring, MD 20910. Those this notice in the Federal Register, and provide recommendations for individuals requesting a hearing should Council. NMFS is forwarding a copy of this set forth the specific reasons why a application to the Marine Mammal Special Accommodations hearing on this request would be Commission and its Committee of appropriate. Scientific Advisors. These meetings are physically Comments may also be submitted by accessible to people with disabilities. facsimile at (301)427–2521, provided Dated: Sptember 26, 2005. Requests for auxiliary aids should be the facsimile is confirmed by hard copy Stephen L. Leathery, directed to the council office (see submitted by mail and postmarked no Chief, Permits, Conservation and Education ADDRESSES) prior to the meetings. later than the closing date of the Division, Office of Protected Resources, Note: The times and sequence comment period. National Marine Fisheries Service. specified in this agenda are subject to Comments may also be submitted by [FR Doc. 05–19732 Filed 9–30–05; 8:45 am] change. e-mail. The mailbox address for BILLING CODE 3510–22–S

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DEPARTMENT OF COMMERCE fees to a credit card. Customers week waiting period with no account submitting fee payments must also activity to ensure that all outstanding Patent and Trademark Office provide information concerning the charges have been applied before the purpose of the fee so that the USPTO is account is closed. Patent and Trademark Financial able to (1) apply the fee to the particular Transactions (Formerly Payment of In addition to credit cards and deposit application, patent, trademark accounts, customers may also use EFT Patent and Trademark Office Fees by registration, or other proceeding, Credit Card) to make online fee payments. In order service, or product; and (2) determine to make payments to the USPTO via whether the person has submitted the ACTION: Proposed collection; comment EFT, customers must first establish a appropriate fee(s) required by law or request. user profile with their banking regulation. information. Once their profile is SUMMARY: The United States Patent and This information collection includes created, customers may use their User Trademark Office (USPTO), as part of its the Credit Card Payment Form (PTO– ID and password to perform EFT 2038), which provides the public with continuing effort to reduce paperwork transactions. To set up a user profile, a convenient way to submit a credit card and respondent burden, invites the customers must complete and submit payment for fees related to a patent, general public and other Federal the EFT User Profile Form (PTO–2236) trademark, or information product. agencies to take this opportunity to through the USPTO web site. comment on the continuing information Customers may also submit credit card Under 37 CFR 1.26 and 2.209, the collection, as required by the Paperwork payments via the Electronic Credit Card USPTO may refund fees paid by mistake Reduction Act of 1995, Public Law 104– Payment Form (PTO–2231) when using or in excess of the required amount. For 13 (44 U.S.C. 3506(c)(2)(A)). online systems provided by the USPTO for paying fees related to patents, refund amounts of $25 or less, DATES: Written comments must be customers must submit a written request submitted on or before December 2, trademarks, or information products. These systems are accessible through to the Refund Branch of the USPTO 2005. the USPTO web site at http:// Office of Finance. No official form is ADDRESSES: You may submit comments www.uspto.gov. At the top of the site, provided for these refund requests. by any of the following methods: click on the ‘‘eBusiness’’ link to access • The Deposit Account Application E-mail: [email protected]. the online systems. For online credit Form (PTO–2232), Deposit Account Include ‘‘0651–0043 comment’’ in the card payments, customers must use the Replenishments, Electronic Deposit subject line of the message. Electronic Credit Card Payment Form Account Replenishment Form (PTO– • Fax: 571–273–0112, marked to the provided on the USPTO web site. 2233), Deposit Account Closure Request attention of Susan Brown. Under 37 CFR 1.25 and 2.208, Form (PTO–2234), EFT User Profile • Mail: Susan K. Brown, Records customers may establish deposit Form (PTO–2236), and Refund Requests Officer, Office of the Chief Information accounts at the USPTO for paying are being added to this collection. The Officer, Office of Data Architecture and patent and trademark fees or purchasing USPTO does not provide an official Services, Data Administration Division, information products. Deposit accounts form for paper Deposit Account U.S. Patent and Trademark Office, P.O. eliminate the need to submit a check, Replenishments or Refund Requests. Box 1450, Alexandria, VA 22313–1450. credit card information, or other form of FOR FURTHER INFORMATION CONTACT: payment for each transaction with the In order to protect confidentiality, the Requests for additional information USPTO. Additionally, in the event that USPTO will not include the credit card should be directed to Tamara McClure, a fee amount due is miscalculated, information submitted using the paper Office of Finance, U.S. Patent and customers may authorize the USPTO to Credit Card Payment Form (PTO–2038) Trademark Office, P.O. Box 1450, charge any remaining balance to the or Electronic Credit Card Payment Form Alexandria, VA 22313–1450; by deposit account and therefore avoid the (PTO–2231) among the patent or telephone at 571–272–6345; or by e-mail potential consequences of trademark records open to public to [email protected]. underpayment. Customers may establish inspection. The USPTO does not require customers to use the paper Credit Card SUPPLEMENTARY INFORMATION a deposit account by completing a Deposit Account Application Form Payment Form when paying fees by I. Abstract (PTO–2232) and sending the required credit card, but using this form for non- Under 35 U.S.C. 41 and 15 U.S.C. information, initial deposit, and service electronic payments is strongly 1113, the USPTO charges fees for fee to the USPTO. encouraged. If a customer supplies processing and other services related to As customers use their deposit credit card information on a form or patents, trademarks, and information accounts to make payments, they may document (e.g., in correspondence products. The provisions of 35 U.S.C. 41 deposit funds to replenish their related to a patent or trademark) other and 15 U.S.C. 1113 are implemented in accounts by mailing a check to the than a credit card payment form 37 CFR 1.16–1.28, 2.6–2.7, and 2.206– USPTO or making a deposit online via provided by the USPTO, the credit card 2.209. an electronic funds transfer (EFT) using information may become part of a patent Under 37 CFR 1.23(b) and 2.207(b), the Electronic Deposit Account or trademark file that is open to public customers may use a credit card to pay Replenishment Form (PTO–2233) inspection. If credit card information is patent or trademark fees or to order available at the USPTO web site. No submitted on a form or document other information products from the USPTO. official form is provided for mailed than a credit card payment form Payments of fees made by credit card replenishments. Customers may simply provided by the USPTO, the USPTO must specify the amount to be charged send their checks to the USPTO with will not be liable if the credit card and other information that is necessary instructions specifying their deposit information becomes public knowledge. to process the charge, such as a billing account number. Customers may also II. Method of Collection address (and an authorized signature close their deposit accounts by when submitting a paper Credit Card submitting a written request. The By mail, facsimile, hand delivery, or Payment Form). The USPTO will not remaining balance in the deposit electronically over the Internet to the accept a general authorization to charge account will be refunded after a six- USPTO.

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III. Data Estimated Time Per Response: The administrators/coordinators and that USPTO estimates that it will take the 25% of the submissions will be OMB Number: 0651–0043. public approximately 2 minutes (0.03 prepared by paraprofessionals. Using Form Number(s): PTO–2038, PTO– hours) to gather the necessary those proportions and the estimated 2231, PTO–2232, PTO–2233, PTO–2234, information, prepare, and submit the rates of $30 per hour for fee PTO–2236. items in this collection related to credit administrators/coordinators and $81 per Type of Review: Revision of a card payments, deposit accounts, EFT hour for paraprofessionals, the USPTO currently approved collection. user profiles, and refund requests. estimates that the average hourly rate for Affected Public: Individuals or Estimated Total Annual Respondent all respondents will be approximately households; businesses or other for- Burden Hours: 57,862 hours per year. $43 per hour. Using this estimated rate profits; not-for-profit institutions; farms; Estimated Total Annual Respondent of $43 per hour, the USPTO estimates the Federal Government; and state, local Cost Burden: $2,488,066 per year. The that the respondent cost burden for or tribal governments. USPTO expects that 75% of the submitting the information in this Estimated Number of Respondents: submissions for this information collection will be approximately 1,928,705 responses per year. collection will be prepared by fee $2,488,066 per year.

Estimated time Estimated Estimated Item for response annual annual burden (minutes) responses hours

Credit Card Payment Form (PTO-2038) ...... 2 863,389 25,902 Electronic Credit Card Payment Form (PTO–2231) ...... 2 1,017,322 30,520 Deposit Account Application Form (PTO–2232) ...... 2 298 9 Deposit Account Replenishment ...... 2 20,837 625 Electronic Deposit Account Replenishment Form (PTO–2233) ...... 2 17,664 530 Deposit Account Closure Request Form (PTO–2234) ...... 2 132 4 EFT User Profile Form (PTO–2236) ...... 2 2,850 86 Refund Request ...... 2 6,213 186

Total ...... 1,928,705 57,862

Estimated Total Annual Non-hour per year. The total estimated service fees print a copy of the confirmation receipt Respondent Cost Burden: $235,755. for this collection are $125,780 per year. and that approximately 1,034,986 There are no capital start-up costs or Customers may incur postage costs submissions per year will use the maintenance costs associated with this when submitting the Credit Card Electronic Credit Card Payment Form or information collection. However, this Payment Form and other paper forms or the Electronic Deposit Account collection does have associated service requests to the USPTO by mail. Replenishment Form, for a total fees for deposit accounts and returned Customers generally send the Credit recordkeeping burden of 1,035 hours payments, postage costs for mailing Card Payment Form to the USPTO along per year. Using the paraprofessional rate submissions to the USPTO, and with other documents related to the fee of $81 per hour, the USPTO estimates recordkeeping costs related to electronic or service being paid for by credit card, that the recordkeeping cost associated credit card payments and electronic but some customers may submit just the with this collection will be deposit account replenishments. Credit Card Payment Form without approximately $83,835 per year. additional supporting documents. The The total non-hour respondent cost There are service fees for setting up a USPTO estimates that roughly 5 percent burden for this collection in the form of deposit account at the USPTO, for not of the 863,389 paper Credit Card service fees, postage costs, and maintaining the minimum balance Payment Forms submitted annually may recordkeeping costs is estimated to be required for the deposit account, and for be mailed in by themselves, $235,755 per year. returned payments. The service charge approximately 43,169 per year. The to establish a deposit account is $10, USPTO estimates that it will receive an IV. Request for Comments and the USPTO estimates that it additional 27,480 submissions per year Comments are invited on: (a) Whether processes 298 Deposit Account that may be mailed, including Deposit the proposed collection of information Application Forms annually, for a total Account Application Forms, Deposit is necessary for the proper performance of $2,980 per year. There is also a $25 Account Replenishments, Deposit of the functions of the agency, including service charge for deposit accounts that Account Closure Requests, and Refund whether the information shall have are below the minimum balance ($1,000 Requests, for a total of 70,649 mailed practical utility; (b) the accuracy of the minimum balance for an unrestricted submissions per year. The USPTO agency’s estimate of the burden deposit account or $300 minimum estimates that the first-class postage cost (including hours and cost) of the balance for a restricted deposit account) for a mailed submission will be 37 proposed collection of information; (c) at the end of the month, and the USPTO cents, for a total postage cost of ways to enhance the quality, utility, and estimates that it assesses a total of approximately $26,140 per year. clarity of the information to be $100,000 in low balance service charges Customers using the Electronic Credit collected; and (d) ways to minimize the per year. There is a $50 service charge Card Payment Form or the Electronic burden of the collection of information for processing a payment refused Deposit Account Replenishment Form on respondents, e.g., the use of (including a check returned ‘‘unpaid’’) may incur recordkeeping costs from automated collection techniques or or charged back by a financial printing a copy of the electronic receipt other forms of information technology. institution. The USPTO estimates that it confirming their successful online Comments submitted in response to assesses 456 of these returned payment transaction. The USPTO estimates that this notice will be summarized or charges annually, for a total of $22,800 it will take 5 seconds (0.001 hours) to included in the request for OMB

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approval of this information collection; Washington; and include the lower 2 could be used individually or in they also will become a matter of public miles of the Clearwater River from its combination. Measures identified to record. confluence with the Snake River at date for evaluation include: Lewiston upstream to the U.S. Highway Dated: September 26, 2005. Sediment Reduction Measures Susan K. Brown, 12 Bridge. In the plan the Corps will also include all tributaries that could Structural Sediment Reduction Records Officer, USPTO, Office of the Chief Information Officer, Office of Data significantly contribute sediment to the Measures Architecture and Services, Data lower Snake River. The Corps is • Aquatic ecosystem restoration Administration Division. preparing this plan because sediment projects under current authorities [FR Doc. 05–19683 Filed 9–30–05; 8:45 am] management has been an ongoing (Section 206 Water Resources maintenance issue since the completion BILLING CODE 3510–16–P Development Act of 1996 and Section of Ice Harbor Dam, the first dam and 1135 of the Water Resources reservoir on the lower Snake River, in Development Act of 1986) COMMODITY FUTURES TRADING 1961. Rather than addressing sediment- • Shoreline vegetated filter strips COMMISSION related problems on a case-by-case • Streambank erosion control basis, the Corps has determined that it • Improved logging road placement Sunshine Act Meetings would be more effective to evaluate and design sediment management as a whole and FEDERAL REGISTER CITATION OF PREVIOUS on a watershed basis. The intent of the Non-Structural Sediment Reduction ANNOUNCEMENT: 70 FR 180. plan is to identify ways to reduce the Measures PREVIOUSLY ANNOUNCED TIME AND DATE OF amount of sediment entering the • Natural Resource Conservation THE MEETING: 11 a.m., Monday, October reservoirs, identify how to manage the Service conservation programs 3, 2005. sediment once it enters the reservoirs, • Land use planning CHANGES IN THE MEETING: The closed and identify possible changes to • Public education meeting to discuss a Derivatives structures or operations to reduce • Watershed planning Clearing Organization Review has been maintenance and associated impacts • Forest management practices canceled. while still providing for authorized • Timber harvest planning project purposes, including navigation. CONTACT PERSON FOR MORE INFORMATION: Sediment Management Measures Jean A. Webb, 202–418–5100. FOR FURTHER INFORMATION CONTACT: Mr. Carl Christianson, Project Manager, In-water systems to control sediment Jean A. Webb, Walla Walla District, Corps of deposition. Secretary of the Commission. Engineers, CENWW–PM–PD, 201 North • Agitation to prevent settling [FR Doc. 05–19822 Filed 9–29–05; 12:29 pm] Third Avenue, Walla Walla, WA 99362, • Bendway weirs BILLING CODE 6351–01–M phone (509) 527–7260, or Ms. Sandra • Dikes and dike fields Simmons, NEPA Coordinator, Walla • Air curtains to prevent settling of Walla District, Corps of Engineers, material at specific locations CENWW–PD–EC, 201 North Third DEPARTMENT OF DEFENSE Sediment Removal and Management Avenue, Walla Walla, WA 99362, phone Department of the Army; Corps of (509) 527–7265. • Agitation to re-suspend sediment • Engineers SUPPLEMENTARY INFORMATION: Since Dredging to remove sediment • construction of its first dam on the Beneficial use of dredged material • Intent To Prepare a Draft lower Snake River, the Corps has In-water disposal of dredged Environmental Impact Statement, recognized that sediment management material • Programmatic Sediment Management would be an ongoing maintenance issue Upland disposal of dredged Plan, Lower Snake River Reservoirs, in within the reservoirs. Historically the material the States of Washington and Idaho Corps has used dredging as the primary System Management Measures AGENCY: Department of the Army, U.S. means of managing sediment that Army Corps of Engineers, DoD. deposited in areas that interfere with Modify Navigation System Infrastructure ACTION: Notice of intent. man’s use of the river. Most of these maintenance dredging actions have been • Relocate affected commercial SUMMARY: The U.S. Army Corps of conducted on a case-by-case basis navigation, recreational boating and Engineers (Corps) intends to prepare an without a long-term look at more water intake facilities Environmental Impact Statement (EIS) effective ways of managing sediment. • Build sediment retention dams for a Programmatic Sediment The Corps has now determined it would upstream of Lower Granite reservoir Management Plan that will address be more effective to evaluate sediment and/or in tributaries sediment management within the four management within the lower Snake lower Snake River reservoirs and that River on a watershed scale, and evaluate Modify Reservoir Operations portion of McNary reservoir contained the potential for reducing sediment • Raise pool levels to increase water within the lower Snake River The plan input, rather than focusing only on the depth will identify and evaluate ways the reservoirs themselves. Although the • Modify flows to flush sediment Corps can manage sediment within Corps does not have the authority to • Draw down Lower Granite reservoir these reservoirs and examine the manage land outside of the reservoir to add flow conveyance capacity sediment input (sources) on a project boundaries, the Corps can Provide Flow Conveyance at Snake/ programmatic basis in the near-term, identify and evaluate management Clearwater Rivers Confluence mid-term, and long-term. The reservoirs strategies that could be implemented on extend from the mouth of the Snake non-Corps property. The Corps has also initially identified River upstream to the communities of The Corps is considering a variety of several key resource areas that may be Lewiston, Idaho, and Clarkston, sediment management measures that affected by the sediment management

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measures and will be analyzed in the SUPPLEMENTARY INFORMATION: Section requirements, along with relevant ED EIS. These include water quality, 3506 of the Paperwork Reduction Act of forms. anadromous fish, cultural resources, 1995 (44 U.S.C. Chapter 35) requires This information collection is being and socio-economics. The Corps expects that the Office of Management and submitted under the Streamlined other resource concerns to be identified Budget (OMB) provide interested Clearance Process for Discretionary during the scoping process. Federal agencies and the public an early Grant Information Collections (1890– The EIS will address measures, opportunity to comment on information 0001). Therefore, the 30-day public alternatives, and impacts on a collection requests. OMB may amend or comment period notice will be the only programmatic level, but will not address waive the requirement for public public comment notice published for site-specific actions. However, the EIS consultation to the extent that public this information collection. will present the coordination and participation in the approval process Requests for copies of the information environmental review steps the Corps would defeat the purpose of the collection submission for OMB review will take with regard to subsequent site- information collection, violate State or may be accessed from http:// specific actions. Federal law, or substantially interfere edicsweb.ed.gov, by selecting the The Corps currently anticipates with any agency’s ability to perform its ‘‘Browse Pending Collections’’ link and conducting public scoping for this EIS statutory obligations. The Leader, by clicking on link number 2868. When in early 2006. The exact dates, times, Information Management Case Services you access the information collection, and locations of these meetings have not Team, Regulatory Information click on ‘‘Download Attachments ’’ to yet been set. The Corps will publicize Management Services, Office of the view. Written requests for information this information once the meeting Chief Information Officer, publishes that should be addressed to U.S. Department arrangements have been made. The notice containing proposed information of Education, 400 Maryland Avenue, Corps invites affected Federal, state, and collection requests prior to submission SW., Potomac Center, 9th Floor, local agencies, affected Native American of these requests to OMB. Each Washington, DC 20202–4700. Requests tribes, and other interested proposed information collection, may also be electronically mailed to the organizations and persons to participate grouped by office, contains the Internet address [email protected] or in the development of the EIS. The following: (1) Type of review requested, faxed to 202–245–6623. Please specify Corps will also invite input from the e.g. new, revision, extension, existing or the complete title of the information local, interagency sediment reinstatement; (2) Title; (3) Summary of collection when making your request. management group formed under the the collection; (4) Description of the Comments regarding burden and/or Northwest Regional Dredging Team. need for, and proposed use of, the the collection activity requirements The draft EIS is currently scheduled information; (5) Respondents and should be directed to Sheila Carey at her to be available for public review in fall frequency of collection; and (6) e-mail address [email protected]. 2008. The final EIS is currently Reporting and/or Recordkeeping Individuals who use a scheduled to be available for public burden. OMB invites public comment. telecommunications device for the deaf review in fall 2009. Dated: September 27, 2005. (TDD) may call the Federal Information Relay Service (FIRS) at 1–800–877– Angela C. Arrington, Randy L. Glaeser, 8339. LTC, EN, Commanding. Leader, Information Management Case [FR Doc. 05–19688 Filed 9–30–05; 8:45 am] [FR Doc. 05–19694 Filed 9–30–05; 8:45 am] Services Team, Regulatory Information Management Services, Office of the Chief BILLING CODE 4000–01–P BILLING CODE 3710–GC–M Information Officer. Office of Vocational and Adult DEPARTMENT OF EDUCATION DEPARTMENT OF EDUCATION Education Type of Review: Extension. National Advisory Committee on Submission for OMB Review; Title: The State Scholars Initiative. Institutional Quality and Integrity Comment Request Frequency: Annually. (National Advisory Committee); Meeting AGENCY: Department of Education. Affected Public: Not-for-profit institutions. SUMMARY: The Leader, Information AGENCY: National Advisory Committee Management Case Services Team, Reporting and Recordkeeping Hour on Institutional Quality and Integrity, Regulatory Information Management Burden: Department of Education. Responses: 20. Services, Office of the Chief Information What Is the Purpose of This Notice? Officer invites comments on the Burden Hours: 1,000. submission for OMB review as required Abstract: The purpose of the State The purpose of this notice is to by the Paperwork Reduction Act of Scholars Initiative is to support a non- announce the public meeting of the 1995. profit entity that will fund state National Advisory Committee and invite business-education partnerships that third-party oral presentations before the DATES: Interested persons are invited to promote rigorous course work among Committee. This notice also presents the submit comments on or before high school students in their states, by proposed agenda and informs the public November 2, 2005. encouraging and motivating high school of its opportunity to attend this meeting. ADDRESSES: Written comments should students to select rigorous courses of The notice of this meeting is required be addressed to the Office of study that will benefit them in their under section 10(a)(2) of the Federal Information and Regulatory Affairs, future careers, postsecondary education, Advisory Committee Act. Attention: Rachel Potter, Desk Officer, or training. The State Scholars Department of Education, Office of cooperative agreement application When and Where Will the Meeting Management and Budget, 725 17th package includes information for Take Place? Street, NW., Room 10222, New applicants with selection criteria, We will hold the public meeting on Executive Office Building, Washington, program requirements, application Wednesday, December 7, 2005, from DC 20503 or faxed to (202) 395–6974. requirements, and eligibility 9:30 a.m. until approximately 5:15 p.m.;

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on Thursday, December 8, 2005, from • The eligibility and certification careers, and including institutions that 8:30 a.m. until approximately 5:15 p.m., process for institutions of higher offer programs via distance education.) and on Friday, December 9, 2005, from education under Title IV, HEA. Petitions for Renewal of Recognition 8:30 a.m. until approximately 12:30 • The development of standards and p.m. in the Commonwealth Room at the criteria for specific categories of 1. Accreditation Commission for DoubleTree Hotel—Crystal City, 300 vocational training institutions and Acupuncture and Oriental Medicine Army Navy Drive, Arlington, VA 22202. institutions of higher education for (Current scope of recognition: The You may call the hotel on (703) 416– which there are no recognized accreditation throughout the United 4100 to inquire about rooms. accrediting agencies, associations, or States of first-professional master’s State agencies in order to establish the degree and professional master’s level What Assistance Will Be Provided to interim eligibility of those institutions certificate and diploma programs in Individuals With Disabilities? to participate in Federally funded acupuncture and Oriental medicine, as The meeting site is accessible to programs. well as freestanding institutions and individuals with disabilities. If you will • The relationship between: (1) colleges of acupuncture or Oriental need an auxiliary aid or service to Accreditation of institutions of higher medicine that offer such programs.) participate in the meeting (e.g., education and the certification and (Requested scope of recognition: The interpreting service, assistive listening eligibility of such institutions, and (2) accreditation and preaccreditation device, or materials in an alternate State licensing responsibilities with throughout the United States of first- format), notify the contact person listed respect to such institutions. professional Master’s degree and in this notice at least two weeks before • Any other advisory functions professional Master’s level certificate the scheduled meeting date. Although relating to accreditation and and diploma programs in acupuncture we will attempt to meet a request institutional eligibility that the and Oriental medicine, as well as received after that date, we may not be Secretary may prescribe. freestanding institutions and colleges of acupuncture or Oriental medicine that able to make available the requested What Items Will be on the Agenda for offer such programs.) auxiliary aid or service because of Discussion at the Meeting? insufficient time to arrange it. 2. American Association for Marriage Agenda topics will include the review and Family Therapy, Commission on Who Is the Contact Person for the of agencies that have submitted Accreditation for Marriage and Family Meeting? petitions for renewal of recognition and/ Therapy Education (Current and Please contact Ms. Francesca Paris- or an expansion of an agency’s scope of requested scope of recognition: The Albertson, in the office of Executive recognition, and the review of agencies accreditation and preaccreditation Director of the National Advisory that have submitted an interim report or (‘‘Candidacy’’) throughout the United Committee on Institutional Quality and a progress report. States of clinical training programs in Integrity, if you have questions about What Agencies Will the National marriage and family therapy at the the meeting. You may contact her at the Advisory Committee Review at the master’s, doctoral, and postgraduate U.S. Department of Education, room Meeting? levels.) 7107, 1990 K St., NW., Washington, DC 3. American Bar Association, Council 20006, telephone: (202) 502–7671, fax: The following agencies will be of the Section of Legal Education and (202) 219–7008, e-mail: Francesca.Paris- reviewed during the December 7–9, Admissions to the Bar (Current and [email protected]. 2005 meeting of the National Advisory requested scope of recognition: The Committee: Individuals who use a accreditation throughout the United telecommunications device for the deaf Nationally Recognized Accrediting States of programs in legal education (TDD) may call the Federal Information Agencies that lead to the first professional degree Relay Service at 1–800–877–8339. in law, as well as freestanding law Petition for an Expansion of the Scope schools offering such programs.) What Is the Authority for the National of Recognition 4. American Osteopathic Association, Advisory Committee? 1. Accrediting Commission of Career Commission on Osteopathic College The National Advisory Committee on Schools and Colleges of Technology Accreditation (Current and requested Institutional Quality and Integrity is (Current scope of recognition: The scope of recognition: The accreditation established under Section 114 of the accreditation of private, postsecondary, and preaccreditation (‘‘Provisional Higher Education Act (HEA) as non-degree-granting institutions and Accreditation’’) throughout the United amended, 20 U.S.C. 1011c. degree-granting institutions in the States of freestanding, public and United States, including those granting private non-profit institutions of What Are the Functions of the National associate and baccalaureate degrees, that osteopathic medicine and programs Advisory Committee? are predominantly organized to educate leading to the degree of Doctor of Osteopathy or Doctor of Osteopathic The Committee advises the Secretary students for occupational, trade and Medicine.) of Education about: technical careers, and including • institutions that offer programs via 5. American Podiatric Medical The establishment and enforcement distance education.) (Requested scope of Association, Council on Podiatric of the Criteria for Recognition of recognition: The accreditation of Medical Education (Current and accrediting agencies or associations private, postsecondary, non-degree- requested scope of recognition: The under subpart 2 of part H of Title IV, granting institutions and degree- accreditation and preaccreditation HEA. granting institutions in the United (‘‘Candidate Status’’) throughout the • The recognition of specific States, including those granting United States of freestanding colleges of accrediting agencies or associations. associate, baccalaureate, and master’s podiatric medicine and programs of • The preparation and publication of degrees, that are predominantly podiatric medicine, including first the list of nationally recognized organized to educate students for professional programs leading to the accrediting agencies and associations. occupational, trade and technical degree of Doctor of Podiatric Medicine.)

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6. Council on Occupational Education 1. Middle States Commission on 1. The names, addresses, phone and (Current scope of recognition: The Secondary Schools. fax numbers, and e-mail addresses of all accreditation and preaccreditation 2. National Association of Schools of persons seeking an appearance, (‘‘Candidacy status’’) throughout the Art and Design, Commission on 2. The organization they represent, United States of non-degree granting Accreditation. and postsecondary occupational/vocational 3. National Association of Schools of 3. A brief summary of the principal institutions and those postsecondary Dance, Commission on Accreditation. points to be made during the oral occupational/vocational education 4. National Association of Schools of presentation. institutions that have state authorization Music, Commission on Accreditation, If you wish, you may attach to grant the applied associate degree in Commission on Non-Degree-Granting documents illustrating the main points specific vocational/occupational fields.) Accreditation, Commission on of your oral testimony. Please keep in (Requested scope of recognition: The Community/Junior College mind, however, that any attachments accreditation and preaccreditation Accreditation. are included in the 6-page limit. Please (‘‘Candidacy status’’) throughout the 5. National Association of Schools of do not send materials directly to United States of postsecondary Theatre, Commission on Accreditation. Committee members. Only materials occupational education institutions 6. North Central Association submitted by the deadline to the contact offering non-degree and applied Commission on Accreditation and person listed in this notice and in associate degree programs in specific School Improvement, Board of Trustees. accordance with these instructions career and technical education fields, 7. North Central Association of become part of the official record and including institutions that offer Colleges and Schools, The Higher are considered by the Committee in its programs via distance education.) Learning Commission. deliberations. Documents received after 8. New England Association of the November 16, 2005 deadline will Note: This requested scope of recognition Schools and Colleges, Commission on not be distributed to the National differs from the requested scope of Institutions of Higher Education. Advisory Committee for their recognition in the July 25, 2005 Federal 9. Western Association of Schools and Register that invited written comments. The consideration. Individuals making oral Colleges, Accrediting Commission for agency requested the revised language to presentations may not distribute written Schools. clarify the scope and replace the terms materials at the meeting. ‘‘vocational/occupational’’ with ‘‘career and Progress Report (A report describing technical.’’ the agency’s implementation of its If I Cannot Attend the Meeting, Can I process for measuring success with Submit Written Comments Regarding 7. National Council for Accreditation respect to student achievement in the an Accrediting Agency in Lieu of of Teacher Education (Current and institutions that it accredits.) Making an Oral Presentation? requested scope of recognition: The 1. American Academy for Liberal This notice requests third-party oral accreditation throughout the United Education. States of professional education units testimony, not written comment. State Agencies Recognized for the providing baccalaureate and graduate Requests for written comments on Approval of Public Postsecondary degree programs for the preparation of agencies that are being reviewed during Vocational Education teachers and other professional this meeting were published in the Federal Register on July 25, 2005. The personnel for elementary and secondary Interim Reports schools.) National Advisory Committee will 1. Pennsylvania State Board for receive and consider only written 8. New England Association of Vocational Education, Bureau of Career comments submitted by the deadline Schools and Colleges, Commission on and Technical Education. specified in the above-referenced Technical and Career Institutions 2. Oklahoma Board of Career and Federal Register notice. (Current and requested scope of Technology Education. recognition: The accreditation and How Do I Request To Present preaccreditation (‘‘Candidate status’’) of State Agency Recognized for the Comments Regarding General Issues secondary institutions with vocational- Approval of Nurse Education Rather Than Specific Accrediting technical programs at the 13th and 14th Interim Report Agencies? grade level, postsecondary institutions, 1. Montana State Board of Nursing. At the conclusion of the meeting, the and institutions of higher education that National Advisory Committee, at its provide primarily vocational/technical Who Can Make Third-Party Oral discretion, may invite attendees to education at the certificate, associate, Presentations at This Meeting? address the Committee briefly on issues and baccalaureate degree levels in We invite you to make a third-party pertaining to the functions of the Connecticut, Maine, Massachusetts, oral presentation before the National Committee, which are listed earlier in New Hampshire, Rhode Island, and Advisory Committee concerning the this notice. If you are interested in Vermont. This recognition extends to recognition of any agency published in making such comments, you should the Board of Trustees of the Association this notice. inform Ms. Paris-Albertson before or jointly with the Commission for during the meeting. decisions involving preaccreditation, How Do I Request To Make an Oral initial accreditation, and adverse Presentation? How May I Obtain Access to the Records of the Meeting? actions.) You must submit a written request to Interim Report (An interim report is a make an oral presentation concerning an We will record the meeting and make follow-up report on an accrediting agency listed in this notice to the a transcript available for public agency’s compliance with specific contact person so that the request is inspection at the U.S. Department of criteria for recognition that was received via mail, fax, or e-mail no later Education, 1990 K St., NW., requested by the Secretary when the than November 16, 2005. Your request Washington, DC 20006 between the Secretary granted renewed recognition (no more than 6 pages maximum) must hours of 9 a.m. and 4:30 p.m., Monday to the agency.) include: through Friday, except Federal holidays.

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It is preferred that an appointment be filing of protests. Accordingly, any DEPARTMENT OF ENERGY made in advance of such inspection. person desiring to be heard or to protest the blanket approval of issuances of Federal Energy Regulatory How May I Obtain Electronic Access to Commission This Document? securities or assumptions of liability by Blue Canyon should file a motion to You may view this document, as well [Docket Nos. ER02–1656–000 and ER02– intervene or protest with the Federal 1656–026] as all other Department of Education Energy Regulatory Commission, 888 documents published in the Federal First Street, NE., Washington, DC 20426, California Independent System Register, in text or Adobe Portable in accordance with Rules 211 and 214 Operator Corporation; Notice of Document Format (PDF) on the Internet of the Commission’s Rules of Practice Deadlines for Comments and Reply at the following site: http://www.ed.gov/ Comments legislation/FedRegister. and Procedure. 18 CFR 385.211, 385.214 To use PDF you must have Adobe (2004). September 23, 2005. Acrobat Reader, which is available free Notice is hereby given that the On September 13, 2005, Federal at this site. If you have questions about deadline for filing motions to intervene Energy Regulatory Commission staff using PDF, call the U.S. Government or protests is October 27, 2005. convened a technical conference to Printing Office (GPO), toll free, at Absent a request to be heard in explore tariff issues related to demand 1–888–293–6498; or in the Washington, opposition by the deadline above, Blue response options, including special case DC, area at (202) 512–1530. Canyon is is authorized to issue nodal pricing and the establishment of zones for wholesale customers, in Note: The official version of this document securities and assume obligations or accordance with the directive of the July is the document published in the Federal liabilities as a guarantor, indorser, Register. Free Internet access to the official 1, 2005 Order on Further Amendments surety, or otherwise in respect of any edition of the Federal Register and the Code to the California Independent System of Federal Regulations is available on GPO security of another person; provided Operator’s Comprehensive Market Access at: http://www.gpoaccess.gov/ that such issuance or assumption is for Redesign Proposal.1 As stated at the index.html. some lawful object within the corporate technical conference, comments purposes of Blue Canyon, compatible Authority: 5 U.S.C. Appendix 2. concerning the issues discussed at the with the public interest, and is technical conference are due on Dated: September 27, 2005. reasonably necessary or appropriate for September 27, 2005, and reply Sally L. Stroup, such purposes. comments are due on October 4, 2005. Assistant Secretary for Postsecondary The Commission reserves the right to Education. Magalie R. Salas, require a further showing that neither [FR Doc. 05–19695 Filed 9–30–05; 8:45 am] Secretary. public nor private interests will be [FR Doc. E5–5370 Filed 9–30–05; 8:45 am] BILLING CODE 4000–01–P adversely affected by continued BILLING CODE 6717–01–P approval of Blue Canyon’s issuances of securities or assumptions of liability. DEPARTMENT OF ENERGY Copies of the full text of the Director’s DEPARTMENT OF ENERGY Federal Energy Regulatory Order are available from the Commission Commission’s Public Reference Room, Federal Energy Regulatory Commission [Docket Nos. ER05–1202–000 and ER05– 888 First Street, NE., Washington, DC 1202–001] 20426. The Order may also be viewed Notice of Filing on the Commission’s Web site at Blue Canyon Windpower II LLC; Notice http://www.ferc.gov, using the eLibrary September 27, 2005. of Issuance of Order link. Enter the docket number excluding In the matter of: ER00–3562–003, ER03– the last three digits in the docket 341–002, ER03–342–002, ER03–838–003, September 27, 2005. ER04–1081–001, ER04–1080–001, ER03– Blue Canyon Windpower II LLC (Blue number filed to access the document. Comments, protests, and interventions 209–002, ER03–36–004, ER99–2858–008, Canyon) filed an application for market- ER05–48–001, ER05–1266–001, ER05–817– based rate authority, with an may be filed electronically via the 001, ER05–818–001, ER05–819–001, ER05– accompanying rate tariff. The proposed Internet in lieu of paper. See, 18 CFR 820–001, ER02–1319–004, ER04–831–002, rate tariff provides for the sales of 385.2001(a)(1)(iii) and the instructions ER04–832–002, ER00–1115–003, ER03–446– energy and the reassignment of on the Commission’s Web site under the 002, ER02–1959–003, ER04–1099–001, transmission capacity. Blue Canyon also ‘‘e-Filing’’ link. The Commission ER04–1100–001, ER01–2688–008, ER02– strongly encourages electronic filings. 2227–004, ER02–600–006, ER02–2229–003, requested waiver of various Commission ER03–24–003, ER05–67–001, ER05–68–001, regulations. In particular, Blue Canyon Magalie R. Salas, ER99–1983–003, ER03–290–002; Calpine requested that the Commission grant Energy Services, L.P., Calpine Secretary. blanket approval under 18 CFR Part 34 PowerAmerica-OR, LLC, Calpine of all future issuances of securities and [FR Doc. E5–5398 Filed 9–30–05; 8:45 am] PowerAmerica-CA, LLC, Power Contract assumptions of liability by Blue Canyon. BILLING CODE 6717–01–P Financing, L.L.C., PCF, LLC, Calpine Energy On September 27, 2005, pursuant to Management, L.P., CES Marketing V, L.P., delegated authority, the Director, Calpine Northbrook Energy Marketing, LLC, Division of Tariffs and Market MEP Pleasant Hill, LLC, Calpine Bethpage 3, Development—South, granted the LLC, Ontelaunee Power Operating Company, LLC, Calpine Merchant Services Company, request for blanket approval under Part Inc., CES Marketing VIII, LLC, CES Marketing 34. The Director’s order also stated that IX, LLC, CES Marketing X, LLC, Zion Energy, the Commission would publish a separate notice in the Federal Register 1 California Independent System Operator, Inc., establishing a period of time for the 112 FERC ¶ 61,013 at P 39 (2005).

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LLC, Calpine Newark, LLC, Calpine Parline, DEPARTMENT OF ENERGY (866) 208–3676 (toll free). For TTY, call LLC, Calpine Construction Finance (202) 502–8659. Company, L.P., Calpine Philadelphia, Inc., Federal Energy Regulatory CPN Bethpage 3rd Turbine, Inc., Bethpage Commission Magalie R. Salas, Energy center 3, LLC, TBG Cogen Partners, Secretary. Gilroy Energy Center, LLC, Creed Energy [FR Doc. E5–5381 Filed 9–30–05; 8:45 am] Center, LLC, Delta Energy Center, LLC, Goose [Docket No. RP05–515–001] Haven Energy Center, LLC, Los Esteros BILLING CODE 6717–01–P Critical Energy Facility, LLC, Metcalf Energy Colorado Interstate Gas Company; Center, LLC, Pastoria Energy Facility L.L.C., Notice of Compliance Filing Geysers Power Company, LLC, Calpine DEPARTMENT OF ENERGY California Equipment Finance Company, September 23, 2005. LLC. Federal Energy Regulatory Take notice that, on September 19, Take notice that on September 9, Commission 2005, Colorado Interstate Gas Company 2005, Calpine Energy Services, L.P. (CIG) submitted a compliance filing [Docket No. RP91–161–034] (CES) and each of its above referenced pursuant to the Commission’s Order affiliated public utilities (collectively, Columbia Gas Transmission issued August 18, 2005, in Docket No. Filing Entities), files a change in status Corporation; Notice of Refund in compliance with Commission Order RP05–515–000. September 23, 2005. No. 652 issued February 10, 2005, 111 CIG states that the revised FTSA is FERC ¶ 61,413 (2005). being submitted to comply with the Take notice that on September 20, Any person desiring to intervene or to Commission’s August 18, 2005 order 2005, Columbia Gas Transmission protest this filing must file in issued in this proceeding addressing a Corporation (Columbia) tendered for accordance with Rules 211 and 214 of fuel exemption contract provision. filing a report on the flow-back to customers of funds received from the Commission’s Rules of Practice and Any person desiring to intervene or to Procedure (18 CFR 385.211, 385.214). insurance carriers for environmental protest this filing must file in costs attributable to Columbia’s Docket Protests will be considered by the accordance with Rules 211 and 214 of Commission in determining the No. RP91–161 settlement period. the Commission’s Rules of Practice and Columbia states that it allocated such appropriate action to be taken, but will Procedure (18 CFR 385.211 and not serve to make protestants parties to recoveries among customers based on 385.214). Protests will be considered by the proceeding. Any person wishing to their fixed cost responsibility for the Commission in determining the become a party must file a notice of services on the Columbia system during appropriate action to be taken, but will intervention or motion to intervene, as the period December 1, 1991 through not serve to make protestants parties to appropriate. Such notices, motions, or January 31, 1996, the period of the the proceeding. Any person wishing to protests must be filed on or before the Docket No. RP91–161 settlement. become a party must file a notice of comment date. Anyone filing a motion Any person desiring to protest this to intervene or protest must serve a copy intervention or motion to intervene, as filing must file in accordance with Rule of that document on the Applicant and appropriate. Such notices, motions, or 211 of the Commission’s Rules of all the parties in this proceeding. protests must be filed in accordance Practice and Procedure (18 CFR The Commission encourages with the provisions of § 154.210 of the 385.211). Protests to this filing will be electronic submission of protests and Commission’s regulations (18 CFR considered by the Commission in interventions in lieu of paper using the 154.210). Anyone filing an intervention determining the appropriate action to be ‘‘eFiling’’ link at http://www.ferc.gov. or protest must serve a copy of that taken, but will not serve to make Persons unable to file electronically document on the Applicant. Anyone protestants parties to the proceeding. should submit an original and 14 copies filing a protest must serve a copy of that Such protests must be filed on or before of the protest or intervention to the document on all the parties to the the date as indicated below. Anyone Federal Energy Regulatory Commission, proceeding. filing a protest must serve a copy of that 888 First Street, NE., Washington, DC The Commission encourages document on all the parties to the 20426. electronic submission of protests and proceeding. The Commission encourages This filing is accessible online at interventions in lieu of paper using the electronic submission of protests in lieu http://www.ferc.gov, using the ‘‘eFiling’’ link at http://www.ferc.gov. of paper using the ‘‘eFiling’’ link at ‘‘eLibrary’’ link and is available for Persons unable to file electronically http://www.ferc.gov. Persons unable to review in the Commission’s Public should submit an original and 14 copies file electronically should submit an Reference Room in Washington, DC. of the protest or intervention to the original and 14 copies of the protest to There is an ‘‘eSubscription’’ link on the Federal Energy Regulatory Commission, the Federal Energy Regulatory Web site that enables subscribers to 888 First Street, NE., Washington, DC Commission, 888 First Street, NE., receive e-mail notification when a 20426. document is added to a subscribed Washington, DC 20426. This filing is accessible online at docket(s). For assistance with any FERC This filing is accessible on-line at Online service, please e-mail http://www.ferc.gov, using the http://www.ferc.gov, using the [email protected], or call ‘‘eLibrary’’ link and is available for ‘‘eLibrary’’ link and is available for (866) 208–3676 (toll free). For TTY, call review in the Commission’s Public review in the Commission’s Public (202) 502–8659. Reference Room in Washington, DC. Reference Room in Washington, DC. Comment Date: 5 p.m. eastern time on There is an ‘‘eSubscription’’ link on the There is an ‘‘eSubscription’’ link on the October 11, 2005. Web site that enables subscribers to Web site that enables subscribers to receive e-mail notification when a receive e-mail notification when a Magalie R. Salas, document is added to a subscribed document is added to a subscribed Secretary. docket(s). For assistance with any FERC docket(s). For assistance with any FERC [FR Doc. E5–5397 Filed 9–30–05; 8:45 am] Online service, please e-mail Online service, please e-mail BILLING CODE 6717–01–P [email protected], or call [email protected], or call

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(866) 208–3676 (toll free). For TTY, call Comment Date: 5 p.m. eastern time on Comment Date: 5 p.m. eastern time on (202) 502–8659. September 30, 2005. September 30, 2005. Comment Date: 5 p.m. eastern time on Magalie R. Salas, Magalie R. Salas, September 30, 2005. Secretary. Secretary. Magalie R. Salas, [FR Doc. E5–5385 Filed 9–30–05; 8:45 am] [FR Doc. E5–5383 Filed 9–30–05; 8:45 am] Secretary. BILLING CODE 6717–01–P BILLING CODE 6717–01–P [FR Doc. E5–5384 Filed 9–30–05; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY

Federal Energy Regulatory Federal Energy Regulatory DEPARTMENT OF ENERGY Commission Commission Federal Energy Regulatory [Docket No. EC05–139–000] Commission [Docket No. RP91–160–034] Decker Energy International, Inc. and Lakes Renewable LLC NRG Energy, [Docket No. RP95–408–064] Columbia Gulf Transmission Company; Notice of Refund Inc.; Notice of Filing Columbia Gas Transmission September 23, 2005. September 23, 2005. Corporation; Notice of Refund Take notice that on September 21, Take notice that on September 20, 2005, Decker Energy International, Inc., September 23, 2005. 2005, Columbia Gulf Transmission NRG Energy, Inc., and Lakes Renewable Take notice that on September 20, Company (Columbia Gulf) tendered for LLC (jointly, Applicants) submitted an 2005, Columbia Gas Transmission filing a report on the flow-back to application pursuant to section 203 of Corporation (Columbia) tendered for customers of funds received from the Federal Power Act for authorization filing a report on the flow-back to insurance carriers for environmental of a disposition of jurisdictional customers of funds received from costs attributable to Columbia Gulf’s facilities whereby Decker Energy insurance carriers for environmental Docket No. RP91–160 settlement period. International, Inc., and NRG Energy, Inc. costs attributable to Columbia’s Docket will divest, and Lakes Renewable LLC Any person desiring to protest this No. RP95–408 settlement period. will acquire, membership interests in filing must file in accordance with Rule Renewable Energy LLC. The Any person desiring to protest this 211 of the Commission’s Rules of Applicants have requested privileged filing must file in accordance with Rule Practice and Procedure (18 CFR 211 of the Commission’s Rules of treatment for transaction documents 385.211). Protests to this filing will be submitted to the Commission under 18 Practice and Procedure (18 CFR considered by the Commission in 385.211). Protests to this filing will be CFR 33.9 and 18 CFR 388.12. determining the appropriate action to be considered by the Commission in Any person desiring to intervene or to taken, but will not serve to make determining the appropriate action to be protest this filing must file in protestants parties to the proceeding. taken, but will not serve to make accordance with Rules 211 and 214 of protestants parties to the proceeding. Such protests must be filed on or before the Commission’s Rules of Practice and Such protests must be filed on or before the date as indicated below. Anyone Procedure (18 CFR 385.211, 385.214). the date as indicated below. Anyone filing a protest must serve a copy of that Protests will be considered by the filing a protest must serve a copy of that document on all the parties to the Commission in determining the document on all the parties to the proceeding. appropriate action to be taken, but will proceeding. The Commission encourages not serve to make protestants parties to the proceeding. Any person wishing to The Commission encourages electronic submission of protests in lieu of paper using the ‘‘eFiling’’ link at become a party must file a notice of electronic submission of protests in lieu intervention or motion to intervene, as http://www.ferc.gov. Persons unable to of paper using the ‘‘eFiling’’ link at appropriate. Such notices, motions, or file electronically should submit an http://www.ferc.gov. Persons unable to protests must be filed on or before the original and 14 copies of the protest to file electronically should submit an comment date. Anyone filing a motion original and 14 copies of the protest to the Federal Energy Regulatory to intervene or protest must serve a copy the Federal Energy Regulatory Commission, 888 First Street, NE., of that document on the Applicant and Commission, 888 First Street, NE., Washington, DC 20426. all the parties in this proceeding. Washington, DC 20426. This filing is accessible on-line at The Commission encourages This filing is accessible online at http://www.ferc.gov, using the electronic submission of protests and http://www.ferc.gov, using the ‘‘eLibrary’’ link and is available for interventions in lieu of paper using the ‘‘eLibrary’’ link and is available for review in the Commission’s Public ‘‘eFiling’’ link at http://www.ferc.gov. review in the Commission’s Public Reference Room in Washington, DC. Persons unable to file electronically Reference Room in Washington, DC. There is an ‘‘eSubscription’’ link on the should submit an original and 14 copies There is an ‘‘eSubscription’’ link on the Web site that enables subscribers to of the protest or intervention to the Web site that enables subscribers to receive e-mail notification when a Federal Energy Regulatory Commission, receive e-mail notification when a document is added to a subscribed 888 First Street, NE., Washington, DC document is added to a subscribed docket(s). For assistance with any FERC 20426. docket(s). For assistance with any FERC This filing is accessible on-line at Online service, please e-mail Online service, please e-mail http://www.ferc.gov, using the [email protected], or call [email protected]., or call ‘‘eLibrary’’ link and is available for (866) 208–3676 (toll free). For TTY, call (866) 208–3676 (toll free). For TTY, call review in the Commission’s Public (202) 502–8659. (202) 502–8659. Reference Room in Washington, DC.

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There is an ‘‘eSubscription’’ link on the Energy Regulatory Commission, 888 Comment Date: October 14, 2005. web site that enables subscribers to First Street, NE., Washington, DC 20426, Magalie R. Salas, receive email notification when a a motion to intervene in accordance document is added to a subscribed with the requirements of the Secretary. docket(s). For assistance with any FERC Commission’s Rules of Practice and [FR Doc. E5–5360 Filed 9–30–05; 8:45 am] Online service, please email Procedure (18 CFR 385.214 or 385.211) BILLING CODE 6717–01–P [email protected], or call and the Regulations under the NGA (18 (866) 208–3676 (toll free). For TTY, call CFR 157.10). A person obtaining party DEPARTMENT OF ENERGY (202) 502–8659. status will be placed on the service list Comment Date: 5 pm eastern time on maintained by the Secretary of the Federal Energy Regulatory October 12, 2005. Commission and will receive copies of Commission Magalie R. Salas, all documents filed by the applicant and by all other parties. A party must submit [Docket No. RP96–383–067] Secretary. 14 copies of filings made with the [FR Doc. E5–5364 Filed 9–30–05; 8:45 am] Dominion Transmission, Inc.; Notice of Commission and must mail a copy to Service Agreement BILLING CODE 6717–01–P the applicant and to every other party in the proceeding. Only parties to the September 27, 2005. DEPARTMENT OF ENERGY proceeding can ask for court review of Take notice that on September 19, Commission orders in the proceeding. 2005, Dominion Transmission, Inc. Federal Energy Regulatory However, a person does not have to (DTI) tendered for filing as part of its Commission intervene in order to have comments FERC Gas Tariff, Third Revised Volume No. 1, Fourteenth Revised Sheet No. [CP05–415–000] considered. The second way to participate is by filing with the 1300, to become effective October 1, Dominion Transmission, Inc.; Notice of Secretary of the Commission, as soon as 2005. Application possible, an original and two copies of DTI states the purpose of this filing is comments in support of or in opposition to disclose three non-conforming service September 23, 2005. to this project. The Commission will agreements that materially deviate from Take notice that on September 15, consider these comments in DTI’s form of service agreements. DTI 2005, Dominion Transmission, Inc., determining the appropriate action to be further states that the service (Dominion), 120 Tredegar Street, taken, but the filing of a comment alone agreements are with Hope Gas, Inc. dba Richmond, Virginia 23219, filed with will not serve to make the filer a party Dominion Hope. the Commission an application, to the proceeding. The Commission’s Any person desiring to protest this pursuant to section 7(b) of the Natural rules require that persons filing filing must file in accordance with Rule Gas Act, for authorization to reclassify comments in opposition to the project 211 of the Commission’s Rules of from jurisdictional transmission to provide copies of their protests only to Practice and Procedure (18 CFR gathering, exempt from the the party or parties directly involved in 385.211). Protests to this filing will be Commission’s jurisdiction under section the protest. considered by the Commission in 1(b) of the NGA, approximately 11,705 determining the appropriate action to be feet of 8-inch diameter pipe on its Line Persons who wish to comment only taken, but will not serve to make H–10 in Tyler County, West Virginia, as on the environmental review of this protestants parties to the proceeding. more fully set forth in the application project should submit an original and Such protests must be filed on or before which is open to public inspection. This two copies of their comments to the the date as indicated below. Anyone filing may be also viewed on the Web Secretary of the Commission. filing a protest must serve a copy of that at http://www.ferc.gov using the Environmental commentors will be document on all the parties to the ‘‘eLibrary’’ link. Enter the docket placed on the Commission’s proceeding. number excluding the last three digits in environmental mailing list, will receive The Commission encourages the docket number field to access the copies of the environmental documents, electronic submission of protests in lieu document. For assistance, please contact and will be notified of meetings of paper using the ‘‘eFiling’’ link at FERC Online Support at associated with the Commission’s http://www.ferc.gov. Persons unable to [email protected] or toll environmental review process. file electronically should submit an free at (866) 208–3676, or TTY, contact Environmental commentors will not be original and 14 copies of the protest to (202) 502–8659. required to serve copies of filed the Federal Energy Regulatory Any questions regarding this documents on all other parties. Commission, 888 First Street, NE., application should be directed to However, the non-party commenters Washington, DC 20426. Margaret H. Peters, Senior Counsel, will not receive copies of all documents This filing is accessible online at Dominion Resources Services, Inc., 120 filed by other parties or issued by the http://www.ferc.gov, using the Tredegar Street, Richmond, Virginia Commission (except for the mailing of ‘‘eLibrary’’ link and is available for 23219, or via telephone at (804) 819– environmental documents issued by the review in the Commission’s Public 2277, facsimile number (804) 819–2183, Commission) and will not have the right Reference Room in Washington, DC. and e-mail: to seek court review of the There is an ‘‘eSubscription’’ link on the [email protected]. Commission’s final order. Web site that enables subscribers to There are two ways to become The Commission strongly encourages receive e-mail notification when a involved in the Commission’s review of electronic filings of comments, protests document is added to a subscribed this project. First, any person wishing to and interventions via the Internet in lieu docket(s). For assistance with any FERC obtain legal status by becoming a party of paper. See, 18 CFR 385.2001(a) (1) Online service, please e-mail to the proceedings for this project (iii) and the instructions on the [email protected], or call should, on or before the comment date Commission’s Web site (www.ferc.gov) (866) 208–3676 (toll free). For TTY, call stated below, file with the Federal under the ‘‘e-Filing’’ link. (202) 502–8659.

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Comment Date: 5 p.m. eastern time on docket(s). For assistance with any FERC docket(s). For assistance with any FERC October 4, 2005. Online service, please e-mail Online service, please e-mail [email protected], or call [email protected], or call Magalie R. Salas, (866) 208–3676 (toll free). For TTY, call (866) 208–3676 (toll free). For TTY, call Secretary. (202) 502–8659. (202) 502–8659. [FR Doc. E5–5394 Filed 9–30–05; 8:45 am] Comment Date: 5 p.m. eastern time on Magalie R. Salas, BILLING CODE 6717–01–P October 4, 2005. Secretary. Magalie R. Salas, [FR Doc. E5–5382 Filed 9–30–05; 8:45 am] DEPARTMENT OF ENERGY Secretary. BILLING CODE 6717–01–P [FR Doc. E5–5399 Filed 9–30–05; 8:45 am] Federal Energy Regulatory BILLING CODE 6717–01–P Commission DEPARTMENT OF ENERGY [Docket Nos. ER05–1272–001 and ER96– 110–016] DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Federal Energy Regulatory Duke Energy Corporation; Notice of [Docket No. EF05–5031–000] Compliance Filing Commission [Docket No. RP05–523–003] United States Department of Energy September 27, 2005. Western Area Power Administration; Take notice that on September 23, Eastern Shore Natural Gas Company; Notice of Filing 2005, Duke Power, a division of Duke Notice of Compliance Filing Energy Corporation (Duke), pursuant to September 23, 2005. a deficiency letter issued on September September 23, 2005. Take notice that on September 14, 13, 2005, by the Commission, submitted Take notice that on September 15, 2005, the Deputy Secretary of the revised market-based rate tariff sheets, 2005, Eastern Shore Natural Gas Department of Energy, confirmed and legible copies of Page 2 of Attachment Company (ESNG) tendered for filing as approved Rate Order No. WAPA–122 D and Page 2 of Attachment C, and a part of its FERC Gas Tariff, Second and Rate Schedule UGP–FPT1 for firm disk containing an Excel version of both Revised Volume No. 1, 2nd Sub 7th Rev point-to-point transmission service, attachments. Sheet No. 215, bearing a proposed UGP–NFPT1 for non-firm transmission Duke states that copies were served effective date of September 1, 2005. service, UGP–NT1 for network on all parties on the official service list. ESNG states that copies of the filing integration transmission service, and Any person desiring to intervene or to have been served upon its affected UGP–AS1, UGP–AS2, UGP–AS3, UGP– protest this filing must file in customers and interested State AS4, UGP–AS5, and UGP–AS6 for accordance with Rules 211 and 214 of commissions. ancillary services. The rate schedule the Commission’s Rules of Practice and Any person desiring to protest this services are confirmed and approved on Procedure (18 CFR 385.211, 385.214). filing must file in accordance with Rule an interim basis effective on October 1, Protests will be considered by the 211 of the Commission’s Rules of 2005 and will be in effect until the Commission in determining the Practice and Procedure (18 CFR Commission confirms and approve on a appropriate action to be taken, but will 385.211). Protests to this filing will be final basis effective October 1, 2005 and not serve to make protestants parties to considered by the Commission in ending September 30, 2010. the proceeding. Any person wishing to determining the appropriate action to be Any person desiring to intervene or to become a party must file a notice of taken, but will not serve to make protest this filing must file in intervention or motion to intervene, as protestants parties to the proceeding. accordance with Rules 211 and 214 of appropriate. Such notices, motions, or Such protests must be filed in the Commission’s Rules of Practice and protests must be filed on or before the accordance with the provisions of Procedure (18 CFR 385.211, 385.214). comment date. Anyone filing a motion Section 154.210 of the Commission’s Protests will be considered by the to intervene or protest must serve a copy regulations (18 CFR 154.210). Anyone Commission in determining the of that document on the Applicant and filing a protest must serve a copy of that appropriate action to be taken, but will all the parties in this proceeding. document on all the parties to the not serve to make protestants parties to The Commission encourages proceeding. the proceeding. Any person wishing to electronic submission of protests and The Commission encourages become a party must file a notice of interventions in lieu of paper using the electronic submission of protests in lieu intervention or motion to intervene, as ‘‘eFiling’’ link at http://www.ferc.gov. of paper using the ‘‘eFiling’’ link at appropriate. Such notices, motions, or Persons unable to file electronically http://www.ferc.gov. Persons unable to protests must be filed on or before the should submit an original and 14 copies file electronically should submit an comment date. Anyone filing a motion of the protest or intervention to the original and 14 copies of the protest to to intervene or protest must serve a copy Federal Energy Regulatory Commission, the Federal Energy Regulatory of that document on the Applicant and 888 First Street, NE., Washington, DC Commission, 888 First Street, NE., all the parties in this proceeding. 20426. Washington, DC 20426. The Commission encourages This filing is accessible online at This filing is accessible online at electronic submission of protests and http://www.ferc.gov, using the http://www.ferc.gov, using the interventions in lieu of paper using the ‘‘eLibrary’’ link and is available for ‘‘eLibrary’’ link and is available for ‘‘eFiling’’ link at http://www.ferc.gov. review in the Commission’s Public review in the Commission’s Public Persons unable to file electronically Reference Room in Washington, DC. Reference Room in Washington, DC. should submit an original and 14 copies There is an ‘‘eSubscription’’ link on the There is an ‘‘eSubscription’’ link on the of the protest or intervention to the Web site that enables subscribers to Web site that enables subscribers to Federal Energy Regulatory Commission, receive e-mail notification when a receive e-mail notification when a 888 First Street, NE., Washington, DC document is added to a subscribed document is added to a subscribed 20426.

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This filing is accessible on-line at petition for rate approval is available for interventions in lieu of paper using the http://www.ferc.gov, using the review at the Commission in the Public ‘‘eFiling’’ link at http://www.ferc.gov. ‘‘eLibrary’’ link and is available for Reference Room or may be viewed on Persons unable to file electronically review in the Commission’s Public the Commission’s Web site at http:// should submit an original and 14 copies Reference Room in Washington, DC. www.ferc.gov using the FERRIS link. of the protest or intervention to the There is an ‘‘eSubscription’’ link on the Enter the docket number excluding the Federal Energy Regulatory Commission, Web site that enables subscribers to last three digits I the docket number 888 First Street, NE., Washington, DC receive e-mail notification when a field to access the document. For 20426. document is added to a subscribed Assistant, call (202) 502–8222 or for This filing is accessible on-line at docket(s). For assistance with any FERC TTY, (202) 502–8659. Comments, http://www.ferc.gov, using the Online service, please e-mail protests and interventions may be filed ‘‘eLibrary’’ link and is available for [email protected], or call electronically via the Internet in lieu of review in the Commission’s Public (866) 208–3676 (toll free). For TTY, call paper. The Commission strongly Reference Room in Washington, DC. (202) 502–8659. encourages electronic filings. See, 18 There is an ‘‘eSubscription’’ link on the Comment Date: 5 p.m. eastern time on CFR 385.2001(1)(iii) and the web site that enables subscribers to October 5, 2005. instructions on the Commission’s Web receive e-mail notification when a site under the e-Filing link. document is added to a subscribed Magalie R. Salas, Comment Date: 5 p.m. eastern time on docket(s). For assistance with any FERC Secretary. October 14, 2005. Online service, please e-mail [FR Doc. E5–5365 Filed 9–30–05; 8:45 am] [email protected], or call BILLING CODE 6717–01–P Magalie R. Salas, (866) 208–3676 (toll free). For TTY, call Secretary. (202) 502–8659. [FR Doc. E5–5379 Filed 9–30–05; 8:45 am] Comment Date: 5 p.m. eastern time on DEPARTMENT OF ENERGY BILLING CODE 6717–01–P October 7, 2005. Federal Energy Regulatory Magalie R. Salas, Commission DEPARTMENT OF ENERGY Secretary. [Docket No. PR05–21–000] [FR Doc. E5–5369 Filed 9–30–05; 8:45 am] Federal Energy Regulatory BILLING CODE 6717–01–P Energy Transfer Fuel LP; Notice of Commission Petition for Rate Approval [Docket Nos. EL95–33–007, ER00–2854–006 and EL00–66–005] DEPARTMENT OF ENERGY September 23, 2005. Take notice that on September 8, Entergy Services, Inc.; Notice of Filing Federal Energy Regulatory 2005, Energy Transfer Fuel LP (ET Commission Fuel), filed with the Federal Energy September 23, 2005. [Docket No. EL05–49–000] Regulatory Commission an application Take notice that on September 16, pursuant to sections 284.123(b)(2) of the 2005, Entergy Services, Inc., on behalf of Exelon Corporation v. PPL Electric Commission’s regulations to justify the the Entergy Operating Companies, Utilities Corporation and PJM system-wide rate it proposes to charge Entergy Arkansas, Inc., Entergy Gulf Interconnection, L.L.C.; Notice of Filing for transporting natural gas pursuant to States, Inc., Entergy Louisiana, Inc., section 311(a)(2) of the Natural Gas Entergy Mississippi, Inc., and Entergy September 26, 2005. Policy Act of 1978. ET Fuel states that New Orleans, Inc., tendered for filing, Take notice that on September 14, it seeks to initiate firm transportation work papers in compliance with the 2005, Exelon Corporation, on behalf of service with a maximum monthly Commission’s Order in Louisiana Public itself and its wholly-owned subsidiary, reservation fee of $4.5625 per MMBtu Service Commission and the Council of PECO Energy Company (PECO) and PPL and a usage fee of $0.065 per MMBtu, the City of New Orleans v. Entergy Electric Utilities Corporation (PPL) filed plus authority to retain from its shippers Corporation, et al. 112 FERC ¶ 61,192 an Offer of Settlement and Settlement 1.30 percent of the quantity of gas (2005). Agreement (Settlement) in the above- delivered to ET Fuel for compressor Any person desiring to intervene or to captioned proceeding to resolve all fuel, company use and lost unaccounted protest this filing must file in issues set for settlement proceeding and for gas. accordance with Rules 211 and 214 of hearing on April 18, 2005, in connection Any person desiring to participate in the Commission’s Rules of Practice and with overcharges assessed by PJM this rate proceeding must file a motion Procedure (18 CFR 385.211, 385.214). Interconnection, L.L.C. (PJM) to PECO., to intervene or protest with the Federal Protests will be considered by the Exelon Corp. v. PPL Elec. Utils. Corp. Energy Regulatory Commission, 888 Commission in determining the and PJM Interconnection, L.L.C. 111 First Street, NE., Washington, DC 20426, appropriate action to be taken, but will FERC ¶ 61,065 (2005). in accordance with Sections 385.214 or not serve to make protestants parties to Any person desiring to intervene or to 385.211 of the Commission’s Rules and the proceeding. Any person wishing to protest this filing must file in Regulations. All such motions or become a party must file a notice of accordance with Rules 211 and 214 of protests must be filed with the Secretary intervention or motion to intervene, as the Commission’s Rules of Practice and of the Commission on or before the date appropriate. Such notices, motions, or Procedure (18 CFR 385.211, 385.214). as indicated below. Protests will be protests must be filed on or before the Protests will be considered by the considered by the Commission in comment date. Anyone filing a motion Commission in determining the determining the appropriate action to be to intervene or protest must serve a copy appropriate action to be taken, but will taken, but will not serve to make of that document on the Applicant and not serve to make protestants parties to protestants parties to the proceedings. all the parties in this proceeding. the proceeding. Any person wishing to Any person wishing to become a party The Commission encourages become a party must file a notice of must file a motion to intervene. This electronic submission of protests and intervention or motion to intervene, as

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appropriate. Such notices, motions, or Commission’s Web site at http:// environmental mailing list, will receive protests must be filed on or before the www.ferc.gov using the ‘‘e-Library’’ link. copies of the environmental documents, comment date. Anyone filing a motion Enter the docket number excluding the and will be notified of meetings to intervene or protest must serve a copy last three digits in the docket number associated with the Commission’s of that document on the Applicant and field to access the document. For environmental review process. all the parties in this proceeding. assistance, contact FERC at Environmental commenters will not be The Commission encourages [email protected] or call required to serve copies of filed electronic submission of protests and toll-free, (866) 208–3676, or for TTY, documents on all other parties. interventions in lieu of paper using the (202) 502–8659. However, the non-party commenters ‘‘eFiling’’ link at http://www.ferc.gov. Any questions regarding this will not receive copies of all documents Persons unable to file electronically application should be directed to Gil filed by other parties or issued by the should submit an original and 14 copies Muhl, Freebird Gas Storage, LLC, 6363 Commission (except for the mailing of of the protest or intervention to the Woodway, Suite 415, Houston, TX environmental documents issued by the Federal Energy Regulatory Commission, 77057, phone (832) 252–2251, or G. Commission) and will not have the right 888 First Street, NE., Washington, DC Mark Cook, Baker Botts L.L.P., The to seek court review of the 20426. Warner, 1299 Pennsylvania Ave., NW., Commission’s final order. This filing is accessible online at Washington, DC 20004–2400, phone Protests and interventions may be http://www.ferc.gov, using the (202) 639–7700. filed electronically via the Internet in ‘‘eLibrary’’ link and is available for There are two ways to become lieu of paper; see, 18 CFR review in the Commission’s Public involved in the Commission’s review of 385.2001(a)(1)(iii) and the instructions Reference Room in Washington, DC. this project. First, any person wishing to on the Commission’s Web site under the There is an ‘‘eSubscription’’ link on the obtain legal status by becoming a party ‘‘e-Filing’’ link. The Commission Web site that enables subscribers to to the proceedings for this project strongly encourages electronic filings. receive e-mail notification when a should, on or before the comment date Comment Date: October 3, 2005. document is added to a subscribed stated below file with the Federal Magalie R. Salas, docket(s). For assistance with any FERC Energy Regulatory Commission, 888 Online service, please e-mail First Street, NE., Washington, DC 20426, Secretary. [email protected], or call a motion to intervene in accordance [FR Doc. E5–5372 Filed 9–30–05; 8:45 am] (866) 208–3676 (toll free). For TTY, call with the requirements of the BILLING CODE 6717–01–P (202) 502–8659. Commission’s Rules of Practice and Comment Date: 5 p.m. eastern time on Procedure (18 CFR 385.214 or 385.211) October 4, 2005. and the Regulations under the NGA (18 DEPARTMENT OF ENERGY CFR 157.10). A person obtaining party Magalie R. Salas, status will be placed on the service list Federal Energy Regulatory Secretary. maintained by the Secretary of the Commission [FR Doc. E5–5391 Filed 9–30–05; 8:45 am] Commission and will receive copies of [Docket No. RP05–680–000] BILLING CODE 6717–01–P all documents filed by the applicant and by all other parties. A party must submit Guardian Pipeline, L.L.C.; Notice of 14 copies of filings made in the Tariff Filing DEPARTMENT OF ENERGY proceeding with the Commission and must mail a copy to the applicant and September 27, 2005. Federal Energy Regulatory to every other party. Only parties to the Take notice that on September 23, Commission proceeding can ask for court review of 2005, Guardian Pipeline, L.L.C. (Guardian) tendered for filing as part of [Docket Nos. CP05–29–001] Commission orders in the proceeding. However, a person does not have to its FERC Gas Tariff, Original Volume Notice of Application intervene in order to have comments No. 1, Tenth Revised Sheet No. 5, to considered. The second way to become effective November 1, 2005. September 23, 2005. participate is by filing with the Any person desiring to intervene or to On September 14, 2005, Freebird Gas Secretary of the Commission, as soon as protest this filing must file in Storage LLC (Freebird) filed an possible, an original and two copies of accordance with Rules 211 and 214 of application pursuant to section 7(c) of comments in support of or in opposition the Commission’s Rules of Practice and the Natural Gas Act and Part 157 of the to this project. The Commission will Procedure (18 CFR 385.211 and regulations of the Federal Energy consider these comments in 385.214). Protests will be considered by Regulatory Commission (Commission) determining the appropriate action to be the Commission in determining the requesting to amend its Certificate of taken, but the filing of a comment alone appropriate action to be taken, but will Public Convenience and Necessity will not serve to make the filer a party not serve to make protestants parties to issued on April 15, 2005. Freebird to the proceeding. The Commission’s the proceeding. Any person wishing to requests authorization for modifications rules require that persons filing become a party must file a notice of to certain storage facilities at its East comments in opposition to the project intervention or motion to intervene, as Detroit Storage Facility in Lamar provide copies of their protests only to appropriate. Such notices, motions, or County, Alabama. These modifications the party or parties directly involved in protests must be filed in accordance include eliminating three well pads, the protest. with the provisions of Section 154.210 moving two wells to a new well pad, Persons who wish to comment only of the Commission’s regulations (18 CFR and adding a new well to an existing on the environmental review of this 154.210). Anyone filing an intervention well pad. No changes to the field’s project should submit an original and or protest must serve a copy of that capacity or deliverability are proposed. two copies of their comments to the document on the Applicant. Anyone This filing is available for review at the Secretary of the Commission. filing an intervention or protest on or Commission in the Public Reference Environmental commenters will be before the intervention or protest date Room or may be viewed on the placed on the Commission’s need not serve motions to intervene or

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protests on persons other than the filing a protest must serve a copy of that 888 First Street, NE., Washington, DC Applicant. document on all the parties to the 20426, in accordance with Rules 211 The Commission encourages proceeding. and 214 of the Commission’s Rules of electronic submission of protests and The Commission encourages Practice and Procedure. 18 CFR 385.211, interventions in lieu of paper using the electronic submission of protests in lieu 385.214 (2004). ‘‘eFiling’’ link at http://www.ferc.gov. of paper using the ‘‘eFiling’’ link at Notice is hereby given that the Persons unable to file electronically http://www.ferc.gov. Persons unable to deadline for filing motions to intervene should submit an original and 14 copies file electronically should submit an or protests, is October 20, 2005. of the protest or intervention to the original and 14 copies of the protest to Absent a request to be heard in Federal Energy Regulatory Commission, the Federal Energy Regulatory opposition by the deadline above, 888 First Street, NE., Washington, DC Commission, 888 First Street, NE., Ventures Energy is authorized to issue 20426. Washington, DC 20426. securities and assume obligations or This filing is accessible on-line at This filing is accessible on-line at liabilities as a guarantor, indorser, http://www.ferc.gov, using the http://www.ferc.gov, using the surety, or otherwise in respect of any ‘‘eLibrary’’ link and is available for ‘‘eLibrary’’ link and is available for security of another person; provided review in the Commission’s Public review in the Commission’s Public that such issuance or assumption is for Reference Room in Washington, DC. Reference Room in Washington, DC. some lawful object within the corporate There is an ‘‘eSubscription’’ link on the There is an ‘‘eSubscription’’ link on the purposes of Ventures Energy, Web site that enables subscribers to Web site that enables subscribers to compatible with the public interest, and receive e-mail notification when a receive e-mail notification when a is reasonably necessary or appropriate document is added to a subscribed document is added to a subscribed for such purposes. docket(s). For assistance with any FERC docket(s). For assistance with any FERC The Commission reserves the right to Online service, please e-mail Online service, please e-mail require a further showing that neither [email protected], or call [email protected], or call public nor private interests will be (866) 208–3676 (toll free). For TTY, call (866) 208–3676 (toll free). For TTY, call adversely affected by continued (202) 502–8659. (202) 502–8659. approval of Ventures Energy’s issuances of securities or assumptions of liability. Magalie R. Salas, Magalie R. Salas, Copies of the full text of the Secretary. Secretary. Commission’s Order are available from [FR Doc. E5–5410 Filed 9–30–05; 8:45 am] [FR Doc. E5–5404 Filed 9–30–05; 8:45 am] the Commission’s Public Reference BILLING CODE 6717–01–P BILLING CODE 6717–01–P Room, 888 First Street, NE., Washington, DC 20426. The Order may also be viewed on the Commission’s DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY Web site at http://www.ferc.gov, using Federal Energy Regulatory Federal Energy Regulatory the eLibrary link. Enter the docket Commission Commission number excluding the last three digits in the docket number filed to access the [Docket No. RP02–361–055] [Docket No. ER05–1232–000] document. Comments, protests, and interventions may be filed electronically Gulfstream Natural Gas System, L.L.C.; J. P. Morgan Ventures Energy via the internet in lieu of paper. See, 18 Notice of Compliance Filing Corporation; Notice of Issuance of CFR 385.2001(a)(1)(iii) and the Order September 27, 2005. instructions on the Commission’s Web Take notice that on September 21, September 23, 2005. site under the ‘‘e-Filing’’ link. The 2005, Gulfstream Natural Gas System, J. P. Morgan Ventures Energy Commission strongly encourages L.L.C. (Gulfstream) submitted a Corporation (Ventures Energy) filed an electronic filings. compliance filing pursuant to the application for market-based rate Magalie R. Salas, Commission’s September 7, 2005 Letter authority, with an accompanying rate Secretary. Order in the above-referenced tariff. The proposed rate tariff provides [FR Doc. E5–5358 Filed 9–30–05; 8:45 am] proceeding. for wholesale sales of energy, capacity BILLING CODE 6717–01–P Gulfstream states that copies of the and ancillary services at market-based filing were served on parties on the rates. Ventures Energy also requested official service list in the above- waiver of various Commission DEPARTMENT OF ENERGY captioned proceeding, as well as all regulations. In particular, Ventures affected customers and interested state Energy requested that the Commission Federal Energy Regulatory commissions. grant blanket approval under 18 CFR Commission Any person desiring to protest this part 34 of all future issuances of [Docket No. ER05–667–003] filing must file in accordance with Rule securities and assumptions of liability 211 of the Commission’s Rules of by Ventures Energy. Midwest Independent Transmission Practice and Procedure (18 CFR On September 20, 2005, the System Operator, Inc.; Notice of Filing 385.211). Protests to this filing will be Commission granted the request for considered by the Commission in blanket approval under part 34, subject September 27, 2005. determining the appropriate action to be to the following: Take notice that on September 23, taken, but will not serve to make Any person desiring to be heard or to 2005, the Midwest Independent protestants parties to the proceeding. protest the blanket approval of Transmission System Operator, Inc. Such protests must be filed in issuances of securities or assumptions of (Midwest ISO) tendered for filing, a accordance with the provisions of liability by Ventures Energy should file redline version of a March 2, 2005, Section 154.210 of the Commission’s a motion to intervene or protest with the unexecuted Large Generator regulations (18 CFR 154.210). Anyone Federal Energy Regulatory Commission, Interconnection Agreement among

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Dakota Wind Harvest, LLC, the Midwest DEPARTMENT OF ENERGY (866) 208–3676 (toll free). For TTY, call ISO, and Montana-Dakota Utilities (202) 502–8659. Federal Energy Regulatory Company. Midwest ISO explains that Magalie R. Salas, this redline version compares the Commission Secretary. unexecuted agreement with the pro [Docket No. RP05–393–001] [FR Doc. E5–5405 Filed 9–30–05; 8:45 am] forma Large Generator Interconnection Agreement in effect at the time the Midwestern Gas Transmission BILLING CODE 6717–01–P March 2 unexecuted agreement was Company; Notice of Compliance Filing filed. September 27, 2005. DEPARTMENT OF ENERGY Any person desiring to intervene or to Take notice that on September 21, protest this filing must file in 2005, Midwestern Gas Transmission Federal Energy Regulatory accordance with Rules 211 and 214 of Company (Midwestern) tendered for Commission the Commission’s Rules of Practice and filing to become part of its FERC Gas [Docket No. RP05–679–000] Procedure (18 CFR 385.211, 385.214). Tariff, Third Revised Volume No. 1, the Protests will be considered by the following tariff sheets to become Midwestern Gas Transmission Commission in determining the effective September 1, 2005: Company; Notice of Tariff Filing appropriate action to be taken, but will Substitute Sixth Revised Sheet No. 202 not serve to make protestants parties to Substitute Eighth Revised Sheet No. 204 September 27, 2005. the proceeding. Any person wishing to Substitute Second Revised Sheet No. 222A Take notice that on September 22, become a party must file a notice of Fifth Revised Sheet No. 224 2005, Midwestern Gas Transmission Substitute Second Revised Sheet No. 230A Company (Midwestern) tendered for intervention or motion to intervene, as Substitute Fourth Revised Sheet No. 235 filing to become part of its FERC Gas appropriate. Such notices, motions, or Substitute Third Revised Sheet No. 242 Tariff, Third Revised Volume No. 1, the Substitute Fifth Revised Sheet No. 272 protests must be filed on or before the following tariff sheets to become comment date. Anyone filing a motion Midwestern states that this filing is effective November 1, 2005: to intervene or protest must serve a copy being made to comply with the of that document on the Applicant and Eighth Revised Sheet No. 7 Commission’s Letter Order dated Twelfth Revised Sheet No. 273 all the parties in this proceeding. September 6, 2005 regarding The Commission encourages compliance with the Federal Energy Midwestern requests that the Commission approve a Negotiated Rate electronic submission of protests and Regulatory Commission’s Order No. Agreement with ProLiance Energy, LLC interventions in lieu of paper using the 587–S . Any person desiring to protest this dated April 28, 2005 (Agreement) which ‘‘eFiling’’ link at http://www.ferc.gov. also contains non-conforming Persons unable to file electronically filing must file in accordance with Rule 211 of the Commission’s Rules of creditworthiness language in Article 16 should submit an original and 14 copies Practice and Procedure (18 CFR of the Agreement due to construction of of the protest or intervention to the 385.211). Protests to this filing will be certain facilities. Federal Energy Regulatory Commission, considered by the Commission in Any person desiring to intervene or to 888 First Street, NE., Washington, DC determining the appropriate action to be protest this filing must file in 20426. taken, but will not serve to make accordance with Rules 211 and 214 of This filing is accessible online at protestants parties to the proceeding. the Commission’s Rules of Practice and http://www.ferc.gov, using the Such protests must be filed in Procedure (18 CFR 385.211 and ‘‘eLibrary’’ link and is available for accordance with the provisions of 385.214). Protests will be considered by review in the Commission’s Public Section 154.210 of the Commission’s the Commission in determining the Reference Room in Washington, DC. regulations (18 CFR 154.210). Anyone appropriate action to be taken, but will There is an ‘‘eSubscription’’ link on the filing a protest must serve a copy of that not serve to make protestants parties to Web site that enables subscribers to document on all the parties to the the proceeding. Any person wishing to receive e-mail notification when a proceeding. become a party must file a notice of document is added to a subscribed The Commission encourages intervention or motion to intervene, as appropriate. Such notices, motions, or docket(s). For assistance with any FERC electronic submission of protests in lieu protests must be filed in accordance Online service, please e-mail of paper using the ‘‘eFiling’’ link at http://www.ferc.gov. Persons unable to with the provisions of § 154.210 of the [email protected], or call file electronically should submit an Commission’s regulations (18 CFR (866) 208–3676 (toll free). For TTY, call original and 14 copies of the protest to 154.210). Anyone filing an intervention (202) 502–8659. the Federal Energy Regulatory or protest must serve a copy of that Comment Date: 5 p.m. eastern time on Commission, 888 First Street, NE., document on the Applicant. Anyone October 4, 2005. Washington, DC 20426. filing an intervention or protest on or This filing is accessible online at before the intervention or protest date Magalie R. Salas, http://www.ferc.gov, using the need not serve motions to intervene or Secretary. ‘‘eLibrary’’ link and is available for protests on persons other than the [FR Doc. E5–5400 Filed 9–30–05; 8:45 am] review in the Commission’s Public Applicant. BILLING CODE 6717–01–P Reference Room in Washington, DC. The Commission encourages There is an ‘‘eSubscription’’ link on the electronic submission of protests and Web site that enables subscribers to interventions in lieu of paper using the receive email notification when a ‘‘eFiling’’ link at http://www.ferc.gov. document is added to a subscribed Persons unable to file electronically docket(s). For assistance with any FERC should submit an original and 14 copies Online service, please e-mail of the protest or intervention to the [email protected], or call Federal Energy Regulatory Commission,

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888 First Street, NE., Washington, DC comment date. Anyone filing a motion Procedure (18 CFR 385.211 and 20426. to intervene or protest must serve a copy 385.214). Protests will be considered by This filing is accessible online at of that document on the Applicant and the Commission in determining the http://www.ferc.gov, using the all the parties in this proceeding. appropriate action to be taken, but will ‘‘eLibrary’’ link and is available for The Commission encourages not serve to make protestants parties to review in the Commission’s Public electronic submission of protests and the proceeding. Any person wishing to Reference Room in Washington, DC. interventions in lieu of paper using the become a party must file a notice of There is an ‘‘eSubscription’’ link on the ‘‘eFiling’’ link at http://www.ferc.gov. intervention or motion to intervene, as Web site that enables subscribers to Persons unable to file electronically appropriate. Such notices, motions, or receive e-mail notification when a should submit an original and 14 copies protests must be filed on or before the document is added to a subscribed of the protest or intervention to the date as indicated below. Anyone filing docket(s). For assistance with any FERC Federal Energy Regulatory Commission, an intervention or protest must serve a Online service, please e-mail 888 First Street, NE., Washington, DC copy of that document on the Applicant. [email protected], or call 20426. Anyone filing an intervention or protest (866) 208–3676 (toll free). For TTY, call This filing is accessible online at on or before the intervention or protest (202) 502–8659. http://www.ferc.gov, using the date need not serve motions to intervene ‘‘eLibrary’’ link and is available for or protests on persons other than the Magalie R. Salas, review in the Commission’s Public Applicant. Secretary. Reference Room in Washington, DC. The Commission encourages [FR Doc. E5–5409 Filed 9–30–05; 8:45 am] There is an ‘‘eSubscription’’ link on the electronic submission of protests and BILLING CODE 6717–01–P Web site that enables subscribers to interventions in lieu of paper using the receive e-mail notification when a ‘‘eFiling’’ link at http://www.ferc.gov. document is added to a subscribed Persons unable to file electronically DEPARTMENT OF ENERGY docket(s). For assistance with any FERC should submit an original and 14 copies Federal Energy Regulatory Online service, please e-mail of the protest or intervention to the Commission [email protected], or call Federal Energy Regulatory Commission, (866) 208–3676 (toll free). For TTY, call 888 First Street, NE., Washington, DC [Docket Nos. OA97–237–020, OA97–608– (202) 502–8659. 20426. 009, ER97–1079–010, ER97–4421–009, Comment Date: 5 p.m. eastern time on This filing is accessible on-line at ER97–3574–009, ER98–499–008] October 4, 2005. http://www.ferc.gov, using the ‘‘eLibrary’’ link and is available for New England Power Pool; Notice of Magalie R. Salas, review in the Commission’s Public Filing Secretary. Reference Room in Washington, DC. [FR Doc. E5–5392 Filed 9–30–05; 8:45 am] September 26, 2005. There is an ‘‘eSubscription’’ link on the Take notice that on September 20, BILLING CODE 6717–01–P web site that enables subscribers to 2005, an informational filing was made receive email notification when a document is added to a subscribed by the New England Power Pool DEPARTMENT OF ENERGY (NEPOOL) participants committee docket(s). For assistance with any FERC relating to rate surcharges determined in Federal Energy Regulatory Online service, please email accordance with the formula rates of the Commission [email protected], or call Restated NEPOOL Open Access (866) 208–3676 (toll free). For TTY, call Transmission Tariff for transmission [Docket No. CP05–417–000] (202) 502–8659. charges in effect in the period June 1, Comment Date: 5 p.m. eastern time on Northwest Pipeline Corporation; Notice September 30, 2005. 2004 through and including January 31, of Application for Abandonment 2005. NEPOOL states that this Magalie R. Salas, informational filing updates an September 23, 2005. Secretary. informational filing dated December 9, Take notice that on September 19, [FR Doc. E5–5362 Filed 9–30–05; 8:45 am] 2004 made previously in the above- 2005, Northwest Pipeline Corporation BILLING CODE 6717–01–P captioned proceedings. (Northwest), filed an abbreviated NEPOOL states that copies of these application, pursuant to section 7(b) of materials were sent to the New England the Natural Gas Act and Part 157 of the DEPARTMENT OF ENERGY state governors and regulatory Commission’s regulations, for commissions and the Participants in permission and approval to abandon Federal Energy Regulatory NEPOOL. transportation service for Questar Commission Any person desiring to intervene or to Pipeline Company under Rate Schedule [Docket No. EL05–38–003] protest this filing must file in X–79 in Original Volume No. 2 of its accordance with Rules 211 and 214 of FERC Gas Tariff, all as more fully set Oklahoma Municipal Power Authority; the Commission’s Rules of Practice and forth in the application which is on file American Electric Power Service Procedure (18 CFR 385.211, 385.214). with the Commission and open to Corporation; Notice of Compliance Protests will be considered by the public inspection. Filing Commission in determining the Northwest states that the service appropriate action to be taken, but will agreement set forth in Rate Schedule X– September 27, 2005. not serve to make protestants parties to 79 was terminated effective February 28, Take notice that on September 21, the proceeding. Any person wishing to 1999 due to inactivity. 2005, American Electric Power Service become a party must file a notice of Any person desiring to intervene or to Corporation filed an unexecuted intervention or motion to intervene, as protest this filing must file in Network Integration Transmission appropriate. Such notices, motions, or accordance with Rules 211 and 214 of Service Agreement formatted in protests must be filed on or before the the Commission’s Rules of Practice and compliance with Commission’s Order

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No. 614, Designation of Rate Schedule Stephen Forbes Cooper, LLC 9SFC) on DEPARTMENT OF ENERGY Sheets, 90 FERC ¶ 61,352 (2000). behalf of the Reserve for Disputed Any person desiring to intervene or to Claims (collectively, Applicants) filed Federal Energy Regulatory protest this filing must file in with the Commission pursuant to Commission accordance with Rules 211 and 214 of section 203 of the Federal Power Act an the Commission’s Rules of Practice and application for authorization for the [Docket No. EG05–101–000] Procedure (18 CFR 385.211, 385.214). transfer of control over PGE from Enron Protests will be considered by the to SFC, as Disbursing Agent, for and on Prime Energy Limited Partnership; Commission in determining the behalf of the Reserve, and for Notice of Application for Commission appropriate action to be taken, but will authorization for the release of New PGE Determination of Exempt Wholesale not serve to make Protestants parties to Common Stock from the Reserve to Generator Status the proceeding. Any person wishing to Holders of Allowed Claims, which will become a party must file a notice of occur over a multi-year period. September 23, 2005. intervention or motion to intervene, as Applicants state that the transaction is Take notice that on September 12, appropriate. Such notices, motions, or a required step in the court-approved 2005, Prime Energy limited Partnership protests must be filed on or before the Enron bankruptcy plan, and will result (Prime) filed with the Commission an comment date. Anyone filing a motion in PGE returning to a stand-alone, application for determination of exempt to intervene or protest must serve a copy publicly-traded utility company. wholesale generator status pursuant to Part 365 of the Commission’s of that document on the Applicant and Any person desiring to intervene or to regulations. Prime states it is a limited all the parties in this proceeding. protest this filing must file in partnership that owns and operates a 64 The Commission encourages accordance with Rules 211 and 214 of MW generating facility located in electronic submission of protests and the Commission’s Rules of Practice and Elmwood Park, New Jersey. Prime states interventions in lieu of paper using the Procedure (18 CFR 385.211, 385.214). that all of the electric energy produced ‘‘eFiling’’ link at http://www.ferc.gov. Protests will be considered by the by the Prime Facility will be sold at Persons unable to file electronically Commission in determining the wholesale. should submit an original and 14 copies appropriate action to be taken, but will of the protest or intervention to the not serve to make protestants parties to Any person desiring to intervene or to Federal Energy Regulatory Commission, the proceeding. Any person wishing to protest this filing must file in 888 First Street, NE., Washington, DC become a party must file a notice of accordance with Rules 211 and 214 of 20426. intervention or motion to intervene, as the Commission’s Rules of Practice and This filing is accessible on-line at appropriate. Such notices, motions, or Procedure (18 CFR 385.211, 385.214). http://www.ferc.gov, using the protests must be filed on or before the Protests will be considered by the ‘‘eLibrary’’ link and is available for comment date. Anyone filing a motion Commission in determining the review in the Commission’s Public to intervene or protest must serve a copy appropriate action to be taken, but will Reference Room in Washington, DC. of that document on the Applicant and not serve to make protestants parties to There is an ‘‘eSubscription’’ link on the all the parties in this proceeding. the proceeding. Any person wishing to Web site that enables subscribers to become a party must file a notice of receive email notification when a The Commission encourages intervention or motion to intervene, as document is added to a subscribed electronic submission of protests and appropriate. Such notices, motions, or docket(s). For assistance with any FERC interventions in lieu of paper using the protests must be filed on or before the Online service, please e-mail ‘‘eFiling’’ link at http://www.ferc.gov. comment date. Anyone filing a motion [email protected], or call Persons unable to file electronically to intervene or protest must serve a copy (866) 208–3676 (toll free). For TTY, call should submit an original and 14 copies of that document on the Applicant and (202) 502–8659. of the protest or intervention to the all the parties in this proceeding. Comment Date: 5 p.m. eastern time on Federal Energy Regulatory Commission, The Commission encourages October 21, 2005. 888 First Street, NE., Washington, DC electronic submission of protests and 20426. Magalie R. Salas, interventions in lieu of paper using the This filing is accessible online at Secretary. ‘‘eFiling’’ link at http://www.ferc.gov. http://www.ferc.gov, using the Persons unable to file electronically [FR Doc. E5–5396 Filed 9–30–05; 8:45 am] ‘‘eLibrary’’ link and is available for should submit an original and 14 copies BILLING CODE 6717–01–P review in the Commission’s Public of the protest or intervention to the Reference Room in Washington, DC. Federal Energy Regulatory Commission, There is an ‘‘eSubscription’’ link on the DEPARTMENT OF ENERGY 888 First Street, NE., Washington, DC Web site that enables subscribers to 20426. Federal Energy Regulatory receive e-mail notification when a This filing is accessible on-line at Commission document is added to a subscribed http://www.ferc.gov, using the docket(s). For assistance with any FERC ‘‘eLibrary’’ link and is available for [Docket No. EC05–140–000] Online service, please e-mail review in the Commission’s Public [email protected], or call Portland General Electric Company Reference Room in Washington, DC. (866) 208–3676 (toll free). For TTY, call and Stephen Forbes Cooper, LLC; There is an ‘‘eSubscription’’ link on the (202) 502–8659. Notice of Filing web site that enables subscribers to Comment Date: 5 p.m. eastern time on receive e-mail notification when a September 26, 2005. October 17, 2005. document is added to a subscribed Take notice that on September 21, docket(s). For assistance with any FERC 2005, Portland General Electric Magalie R. Salas, Online service, please e-mail Company (PGE), an electric utility, for Secretary. [email protected], or call which Enron Corp., (Enron) owns all of [FR Doc. E5–5393 Filed 9–30–05; 8:45 am] (866) 208–3676 (toll free). For TTY, call the outstanding common stock, and BILLING CODE 6717–01–P (202) 502–8659.

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Comment Date: 5 p.m. eastern time on (866) 208–3676 (toll free). For TTY, call to the proceedings for this project October 6, 2005. (202) 502–8659. should, on or before the below listed Comment Date: 5 p.m. eastern time on comment date, file with the Federal Magalie R. Salas, October 5, 2005. Energy Regulatory Commission, 888 Secretary. First Street, NE., Washington, DC 20426, Magalie R. Salas, [FR Doc. E5–5366 Filed 9–30–05; 8:45 am] a motion to intervene in accordance BILLING CODE 6717–01–P Secretary. with the requirements of the [FR Doc. E5–5395 Filed 9–30–05; 8:45 am] Commission’s Rules of Practice and BILLING CODE 6717–01–P Procedure (18 CFR 385.214 or 385.211) DEPARTMENT OF ENERGY and the Regulations under the NGA (18 CFR 157. 10) by the comment date Federal Energy Regulatory DEPARTMENT OF ENERGY Commission below. A person obtaining party status Federal Energy Regulatory will be placed on the service list [Docket No. EL04–90–002] Commission maintained by the Secretary of the Commission and will receive copies of Reliant Energy Services, Inc.; Notice of [Docket No. CP93–117–004] all documents filed by the applicant and Filing by all other parties. A party must submit San Diego Gas & Electric Company; 14 copies of filings made with the September 27, 2005. Notice of Application for Amended Take notice that on September 15, Commission and must mail a copy to Section 3 Authorizations and the applicant and to every other party in 2005, Reliant Energy Services, Inc., Presidential Permit Reliant Energy Power Generation, LLC the proceeding. Only parties to the and Reliant Energy Wholesale September 23, 2005. proceeding can ask for court review of Generation, LLC (Reliant), Nevada Take notice that on September 13, Commission orders in the proceeding. Power Company, submitted a petition 2005, San Diego Gas & Electric However, a person does not have to for expedited approval of a settlement Company (SDGE), 8330 Century Park intervene in order to have comments agreement pursuant to Rule 207(a)(5) of Court, San Diego, CA 92123, filed in considered. The second way to the Commission’s Rules of Practice and Docket No. CP93–117–004 an participate is by filing with the Procedure. application pursuant to Section 3 of the Secretary of the Commission, as soon as Any person desiring to intervene or to Natural Gas Act (NGA) and part 153 of possible, an original and two copies of protest this filing must file in the Federal Energy Regulatory comments in support of or in opposition accordance with Rules 211 and 214 of Commission’s (Commission) to this project. The Commission will the Commission’s Rules of Practice and regulations, for an order amending consider these comments in Procedure (18 CFR 385.211, 385.214). previous authorization and Presidential determining the appropriate action to be Protests will be considered by the Permit for the siting, construction, and taken, but the filing of a comment alone Commission in determining the operation of pipeline and metering will not serve to make the filer a party appropriate action to be taken, but will facilities for the export and import of to the proceeding. The Commission’s not serve to make protestants parties to natural gas at the International rules require that persons filing the proceeding. Any person wishing to Boundary between the United States comments in opposition to the project become a party must file a notice of and Mexico in San Diego County, provide copies of their protests only to intervention or motion to intervene, as California. In this application, SDGE the party or parties directly involved in appropriate. Such notices, motions, or seeks authorization to make minor the protest. protests must be filed on or before the modifications to these facilities to Comments, protests and interventions comment date. Anyone filing a motion increase the maximum capacity from may be filed electronically via the to intervene or protest must serve a copy 350 MMcf of gas per day to 800 MMcf Internet in lieu of paper. See, 18 CFR of that document on the Applicant and of gas per day, all as more fully set forth 385.2001(a)(1)(iii) and the instructions all the parties in this proceeding. in the application which is on file with on the Commission’s Web site under the The Commission encourages the Commission and open to public ‘‘e-Filing’’ link. electronic submission of protests and inspection. This filing is available for Comment Date: October 14, 2005. interventions in lieu of paper using the review at the Commission in the Public Magalie R. Salas, ‘‘eFiling’’ link at http://www.ferc.gov. Reference Room. This filing also may be Secretary. Persons unable to file electronically viewed on the Commission’s Web site at [FR Doc. E5–5363 Filed 9–30–05; 8:45 am] should submit an original and 14 copies http://www.ferc.gov using the BILLING CODE 6717–01–P of the protest or intervention to the ‘‘eLibrary’’ link. Enter the docket Federal Energy Regulatory Commission, number excluding the last three digits in 888 First Street, NE., Washington, DC the docket number field to access the DEPARTMENT OF ENERGY 20426. document. For assistance, please contact This filing is accessible online at FERC Online Support at Federal Energy Regulatory http://www.ferc.gov, using the [email protected] or toll Commission ‘‘eLibrary’’ link and is available for free at (866) 208–3676, or for TTY, review in the Commission’s Public [Docket Nos. EL05–53–002 and ER05–129– contact (202) 502–8659. 002] Reference Room in Washington, DC. Any questions regarding this There is an ‘‘eSubscription’’ link on the application should be directed to Southern Company Services, Inc. Web site that enables subscribers to Georgetta J. Baker, Sempra Energy, at Notice of Compliance Filing receive e-mail notification when a (619) 699–5064. document is added to a subscribed There are two ways to become September 23, 2005. docket(s). For assistance with any FERC involved in the Commission’s review of Take notice that on August 29, 2005, Online service, please e-mail this project. First, any person wishing to Southern Company Services, Inc. (SCS) [email protected], or call obtain legal status by becoming a party acting as agent for Alabama Power

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Company, Georgia Power Company, DEPARTMENT OF ENERGY FPA is renewed automatically without Gulf Power Company, Mississippi further order or notice by the Power Company, and Savannah Electric Federal Energy Regulatory Commission, unless the Commission and Power Company (collectively, Commission orders otherwise. Southern Companies) tendered for filing [Project No. 2696] If the project is not subject to section a revised ‘‘Description of Formula Rate 15 of the FPA, notice is hereby given for Operation and Maintenance Charges Town of Stuyvesant and Stuyvesant that the Town of Stuyvesant and for Interconnection Facilities’’ pursuant Hydro Corporation; Notice of Stuyvesant Falls Hydro Corporation is to the Commission Order issued July 28, Authorization for Continued Project authorized to continue operation of the 2005, in this proceeding. 112 FERC ¶ Operation Stuyvesant Falls Hydroelectric Project 61,145(2005). No. 2696 until such time as the September 27, 2005. Commission acts on its application for Any person desiring to intervene or to On July 22, 2005, the Town of subsequent license. protest this filing must file in Stuyvesant and Stuyvesant Falls Hydro accordance with Rules 211 and 214 of Corporation licensee for the Stuyvesant Magalie R. Salas, the Commission’s Rules of Practice and Falls Hydroelectric Project No. 2696, Secretary. Procedure (18 CFR 385.211, 385.214). filed an application for a new or [FR Doc. E5–5401 Filed 9–30–05; 8:45 am] Protests will be considered by the subsequent license pursuant to the BILLING CODE 6717–01–P Commission in determining the Federal Power Act (FPA) and the appropriate action to be taken, but will Commission’s regulations. Project No. 2696 is located on the Kinderhook Creek not serve to make protestants parties to DEPARTMENT OF ENERGY in Columbia County, New York. the proceeding. Any person wishing to The license for Project No. 2696 was Federal Energy Regulatory become a party must file a notice of issued for a period ending August 31, Commission intervention or motion to intervene, as 2005. Section 15(a)(1) of the FPA, 16 appropriate. Such notices, motions, or U.S.C. 808(a)(1), requires the [Docket No. CP05–355–001] protests must be filed on or before the Commission, at the expiration of a comment date. Anyone filing a motion license term, to issue from year to year Tennessee Gas Pipeline Company; to intervene or protest must serve a copy an annual license to the then licensee Notice of Amendment of that document on the Applicant and under the terms and conditions of the all the parties in this proceeding. prior license until a new license is September 23, 2005. Take notice that Tennessee Gas The Commission encourages issued, or the project is otherwise disposed of as provided in section 15 or Pipeline Company (Tennessee), 1001 electronic submission of protests and Louisiana, Houston, Texas 77002, filed interventions in lieu of paper using the any other applicable section of the FPA. If the project’s prior license waived the on September 21, 2005, in Docket No. ‘‘eFiling’’ link at http://www.ferc.gov. applicability of section 15 of the FPA, CP05–355–001, an amendment to its Persons unable to file electronically then, based on section 9(b) of the pending application filed on May 16, should submit an original and 14 copies Administrative Procedure Act, 5 U.S.C. 2005, in Docket No. CP05–355–000, of the protest or intervention to the 558(c), and as set forth at 18 CFR pursuant to sections 7(c) of the Natural Federal Energy Regulatory Commission, 16.21(a), if the licensee of such project Gas Act (NGA), to reflect certain 888 First Street, NE., Washington, DC has filed an application for a subsequent changes to its cost allocation method 20426. license, the licensee may continue to used to construct its Northeast This filing is accessible on-line at operate the project in accordance with ConneXion-NY/NJ Project (Project). http://www.ferc.gov, using the the terms and conditions of the license This amendment is on file with the ‘‘eLibrary’’ link and is available for after the minor or minor part license Commission and open to public review in the Commission’s Public expires, until the Commission acts on inspection. This filing may be also Reference Room in Washington, DC. its application. If the licensee of such a viewed on the Web at http:// There is an ‘‘eSubscription’’ link on the project has not filed an application for www.ferc.gov using the ‘‘eLibrary’’ link. Web site that enables subscribers to a subsequent license, then it may be Enter the docket number excluding the last three digits in the docket number receive e-mail notification when a required, pursuant to 18 CFR 16.21(b), field to access the document. For document is added to a subscribed to continue project operations until the Commission issues someone else a assistance, call (202) 502–8659 or TTY, docket(s). For assistance with any FERC license for the project or otherwise (202) 208–3676. Online service, please e-mail orders disposition of the project. By this amendment, Tennessee is [email protected], or call If the project is subject to section 15 modifying the capital cost allocated to (866) 208–3676 (toll free). For TTY, call of the FPA, notice is hereby given that the Project from the Compressor Station (202) 502–8659. an annual license for Project No. 2696 325 Project (Docket No. CP05–42–000), Comment Date: 5 p.m. Eastern Time is issued to the Town of Stuyvesant and so that the allocation method used for on October 3, 2005. Stuyvesant Falls Hydro Corporation for the Compressor Station 325 capital costs a period effective September 1, 2005 is consistent with the allocation method Magalie R. Salas, through August 31, 2006, or until the used for the Compressor Station 317 Secretary. issuance of a new license for the project capital costs. Tennessee states that the [FR Doc. E5–5368 Filed 9–30–05; 8:45 am] or other disposition under the FPA, effect of the change is that the Rate Base BILLING CODE 6717–01–P whichever comes first. If issuance of a for the Project will decrease by new license (or other disposition) does approximately $3 million, and the Cost not take place on or before September 1, of Service will be reduced by $519,000. 2006, notice is hereby given that, The proposed monthly recourse rate pursuant to 18 CFR 16.18(c), an annual will decrease from $15.79 to $14.93 per license under section 15(a)(1) of the dekatherm.

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Any questions regarding this DEPARTMENT OF ENERGY by all other parties. A party must submit application should be directed to Susan 14 copies of filings made with the T. Halbach, Senior Counsel, Tennessee Federal Energy Regulatory Commission and must mail a copy to Gas Pipeline Company, 1001 Louisiana, Commission the applicant and to every other party in Houston, Texas 77002, at (713) 420– [ Docket No. CP05–416–000] the proceeding. Only parties to the 5751 or fax (713) 420–1601. proceeding can ask for court review of Tennessee Gas Pipeline Company; There are two ways to become Commission orders in the proceeding. Notice of Application involved in the Commission’s review of However, a person does not have to this project. First, any person wishing to September 23, 2005. intervene in order to have comments obtain legal status by becoming a party Take notice that Tennessee Gas considered. The second way to to the proceedings for this project Pipeline Company (Tennessee), 1001 participate is by filing with the should, on or before the comment date Louisiana, Houston, Texas 77002, filed Secretary of the Commission, as soon as stated below, file with the Federal in Docket No. CP05–416–000 on possible, an original and two copies of Energy Regulatory Commission, 888 September 15, 2005, an application comments in support of or in opposition First Street, NE., Washington, DC 20426, pursuant to sections 7(c) of the Natural to this project. The Commission will a motion to intervene in accordance Gas Act (NGA) and Part 157 of the consider these comments in with the requirements of the Commission’s Regulations, for determining the appropriate action to be Commission’s Rules of Practice and authorization to construct the Tripe-T taken, but the filing of a comment alone Procedure (18 CFR 385.214 or 385.211) Extension Project. Tennessee requests will not serve to make the filer a party authorization to extend its existing 30- and the Regulations under the NGA (18 to the proceeding. The Commission’s inch line 523M–2300, known as the CFR 157.10). A person obtaining party rules require that persons filing Triple-T Line, by construction status will be placed on the service list approximately 6.23 miles of 24-inch comments in opposition to the project maintained by the Secretary of the pipeline to connect with Enterprise provide copies of their protests only to Commission and will receive copies of Products Partners LP’s Anaconda the party or parties directly involved in all documents filed by the applicant and Gathering System at the EI 371 Platform. the protest. by all other parties. A party must submit This connection with Enterprise will Persons who wish to comment only 14 copies of filings made with the allow Tennessee access to increased on the environmental review of this Commission and must mail a copy to natural gas supplies, as well as improve project should submit an original and the applicant and to every other party in and increase pipeline infrastructure two copies of their comments to the the proceeding. Only parties to the necessary to support current and future Secretary of the Commission. proceeding can ask for court review of natural gas developments from the ultra- Environmental commenters will be Commission orders in the proceeding. deep Gulf of Mexico, all as more fully placed on the Commission’s However, a person does not have to set forth in the application which is on environmental mailing list, will receive file with the Commission and open to intervene in order to have comments copies of the environmental documents, public inspection. This filing may be considered. The second way to and will be notified of meetings also viewed on the web at http:// participate is by filing with the www.ferc.gov using the ‘‘eLibrary’’ link. associated with the Commission’s Secretary of the Commission, as soon as Enter the docket number excluding the environmental review process. possible, an original and two copies of last three digits in the docket number Environmental commenters will not be comments in support of or in opposition field to access the document. For required to serve copies of filed to this project. The Commission will assistance, call (202) 502–8659 or TTY, documents on all other parties. consider these comments in (202) 208–3676. However, the non-party commenters determining the appropriate action to be Any questions regarding this will not receive copies of all documents taken, but the filing of a comment alone application should be directed to Susan filed by other parties or issued by the will not serve to make the filer a party T. Halbach, Senior Counsel, Tennessee Commission (except for the mailing of to the proceeding. The Commission’s Gas Pipeline Company, 1001 Louisiana, environmental documents issued by the rules require that persons filing Houston, Texas 77002, at (713) 420– Commission) and will not have the right comments in opposition to the project 5751 or fax (713) 420–1601. to seek court review of the provide copies of their protests only to There are two ways to become Commission’s final order. involved in the Commission’s review of the party or parties directly involved in Comments, protests and interventions the protest. this project. First, any person wishing to obtain legal status by becoming a party may be filed electronically via the Comments, protests and interventions to the proceedings for this project Internet in lieu of paper. See, 18 CFR may be filed electronically via the should, on or before the comment date 385.2001(a)(1)(iii) and the instructions Internet in lieu of paper. See, 18 CFR stated below, file with the Federal on the Commission’s web site under the 385.2001(a)(1)(iii) and the instructions Energy Regulatory Commission, 888 ‘‘e-Filing’’ link. on the Commission’s Web site under the First Street, NE., Washington, DC 20426, Comment Date: October 14, 2005. ‘‘e-Filing’’ link. a motion to intervene in accordance Magalie R. Salas, Comment Date: October 14, 2005. with the requirements of the Commission’s Rules of Practice and Secretary. Magalie R. Salas, Procedure (18 CFR 385.214 or 385.211) [FR Doc. E5–5361 Filed 9–30–05; 8:45 am] Secretary. and the Regulations under the NGA (18 BILLING CODE 6717–01–P [FR Doc. E5–5359 Filed 9–30–05; 8:45 am] CFR 157.10). A person obtaining party BILLING CODE 6717–01–P status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and

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DEPARTMENT OF ENERGY (866) 208–3676 (toll free). For TTY, call receive e-mail notification when a (202) 502–8659. document is added to a subscribed Federal Energy Regulatory docket(s). For assistance with any FERC Magalie R. Salas, Commission Online service, please e-mail Secretary. [Docket No. RP96–312–151] [email protected], or call [FR Doc. E5–5373 Filed 9–30–05; 8:45 am] (866) 208–3676 (toll free). For TTY, call Tennessee Gas Pipeline Company; BILLING CODE 6717–01–P (202) 502–8659. Notice of Negotiated Rate Filing Magalie R. Salas, September 23, 2005. DEPARTMENT OF ENERGY Secretary. Take notice that on September 20, [FR Doc. E5–5411 Filed 9–30–05; 8:45 am] Federal Energy Regulatory 2005, Tennessee Gas Pipeline Company BILLING CODE 6717–01–P (Tennessee) tendered for filing a Commission negotiated rate arrangement between [Docket No. RP96–312–152] Tennessee and Atmos Energy DEPARTMENT OF ENERGY Corporation. Tennessee states that the Tennessee Gas Pipeline Company; filing seeks to clarify its September 19 Notice of Negotiated Rate Filing Federal Energy Regulatory filing which inadvertently indicated Commission that the arrangement involved rates September 27, 2005. below Tennessee’s minimum fuel, Take notice that on September 21, [Docket No. RP05–678–000] rather than commodity rates. Tennessee 2005, Tennessee Gas Pipeline Company states that the filing is unchanged in all (Tennessee) tendered for filing a Transcontinental Gas Pipe Line other respects. negotiated rate arrangement between Corporation; Notice of Penalty Any person desiring to intervene or to Tennessee and Tennessee Valley Revenue Sharing Filing protest this filing must file in Authority (TVA). Tennessee requests accordance with Rules 211 and 214 of that the negotiated rate arrangement September 27, 2005. the Commission’s Rules of Practice and between Tennessee and TVA become Take notice that on September 22, Procedure (18 CFR 385.211 and effective on October 1, 2005. 2005 Transcontinental Gas Pipe Line 385.214). Protests will be considered by Any person desiring to intervene or to Corporation (Transco) tendered for the Commission in determining the protest this filing must file in filing with the Federal Energy appropriate action to be taken, but will accordance with Rules 211 and 214 of Regulatory Commission (Commission) a not serve to make protestants parties to the Commission’s Rules of Practice and report showing that on September 15, the proceeding. Any person wishing to Procedure (18 CFR 385.211 and 2005, Transco submitted penalty become a party must file a notice of 385.214). Protests will be considered by sharing amounts to the affected intervention or motion to intervene, as the Commission in determining the shippers. Transco states that the total appropriate. Such notices, motions, or appropriate action to be taken, but will sharing amount, including interest, was protests must be filed in accordance not serve to make protestants parties to $430,911.04. with the provisions of Section 154.210 the proceeding. Any person wishing to Any person desiring to intervene or to of the Commission’s regulations (18 CFR become a party must file a notice of protest this filing must file in 154.210). Anyone filing an intervention intervention or motion to intervene, as accordance with Rules 211 and 214 of or protest must serve a copy of that appropriate. Such notices, motions, or the Commission’s Rules of Practice and document on the Applicant. Anyone protests must be filed in accordance Procedure (18 CFR 385.211 and filing an intervention or protest on or with the provisions of Section 154.210 385.214). Protests will be considered by before the intervention or protest date of the Commission’s regulations (18 CFR the Commission in determining the need not serve motions to intervene or 154.210). Anyone filing an intervention appropriate action to be taken, but will protests on persons other than the or protest must serve a copy of that not serve to make protestants parties to Applicant. document on the Applicant. Anyone the proceeding. Any person wishing to The Commission encourages filing an intervention or protest on or become a party must file a notice of electronic submission of protests and before the intervention or protest date intervention or motion to intervene, as interventions in lieu of paper using the need not serve motions to intervene or appropriate. Such notices, motions, or ‘‘eFiling’’ link at http://www.ferc.gov. protests on persons other than the protests must be filed on or before the Persons unable to file electronically Applicant. date as indicated below. Anyone filing should submit an original and 14 copies The Commission encourages an intervention or protest must serve a of the protest or intervention to the electronic submission of protests and copy of that document on the Applicant. Federal Energy Regulatory Commission, interventions in lieu of paper using the Anyone filing an intervention or protest 888 First Street, NE., Washington, DC ‘‘eFiling’’ link at http://www.ferc.gov. on or before the intervention or protest 20426. Persons unable to file electronically date need not serve motions to intervene This filing is accessible on-line at should submit an original and 14 copies or protests on persons other than the http://www.ferc.gov, using the of the protest or intervention to the Applicant. ‘‘eLibrary’’ link and is available for Federal Energy Regulatory Commission, The Commission encourages review in the Commission’s Public 888 First Street, NE., Washington, DC electronic submission of protests and Reference Room in Washington, DC. 20426. interventions in lieu of paper using the There is an ‘‘eSubscription’’ link on the This filing is accessible on-line at ‘‘eFiling’’ link at http://www.ferc.gov. Web site that enables subscribers to http://www.ferc.gov, using the Persons unable to file electronically receive e-mail notification when a ‘‘eLibrary’’ link and is available for should submit an original and 14 copies document is added to a subscribed review in the Commission’s Public of the protest or intervention to the docket(s). For assistance with any FERC Reference Room in Washington, DC. Federal Energy Regulatory Commission, Online service, please e-mail There is an ‘‘eSubscription’’ link on the 888 First Street, NE., Washington, DC [email protected], or call Web site that enables subscribers to 20426.

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This filing is accessible online at filing a protest must serve a copy of that Yaka should file a motion to intervene http://www.ferc.gov, using the document on all the parties to the or protest with the Federal Energy ‘‘eLibrary’’ link and is available for proceeding. Regulatory Commission, 888 First review in the Commission’s Public The Commission encourages Street, NE., Washington, DC 20426, in Reference Room in Washington, DC. electronic submission of protests in lieu accordance with Rules 211 and 214 of There is an ‘‘eSubscription’’ link on the of paper using the ‘‘eFiling’’ link at the Commission’s Rules of Practice and Web site that enables subscribers to http://www.ferc.gov. Persons unable to Procedure. 18 CFR 385.211, 385.214 receive e-mail notification when a file electronically should submit an (2004). document is added to a subscribed original and 14 copies of the protest to Notice is hereby given that the docket(s). For assistance with any FERC the Federal Energy Regulatory deadline for filing motions to intervene Online service, please e-mail Commission, 888 First Street, NE., or protests is October 21, 2005. [email protected], or call Washington, DC 20426. Absent a request to be heard in (866) 208–3676 (toll free). For TTY, call This filing is accessible online at opposition by the deadline above, Yaka (202) 502–8659. http://www.ferc.gov, using the is authorized to issue securities and Comment Date: 5 p.m. eastern time ‘‘eLibrary’’ link and is available for assume obligations or liabilities as a October 4, 2005 . review in the Commission’s Public guarantor, indorser, surety, or otherwise Reference Room in Washington, DC. in respect of any security of another Magalie R. Salas, There is an ‘‘eSubscription’’ link on the person; provided that such issuance or Secretary. Web site that enables subscribers to assumption is for some lawful object [FR Doc. E5–5408 Filed 9–30–05; 8:45 am] receive e-mail notification when a within the corporate purposes of Yaka, BILLING CODE 6717–01–P document is added to a subscribed compatible with the public interest, and docket(s). For assistance with any FERC is reasonably necessary or appropriate Online service, please e-mail for such purposes. DEPARTMENT OF ENERGY [email protected], or call The Commission reserves the right to Federal Energy Regulatory (866) 208–3676 (toll free). For TTY, call require a further showing that neither Commission (202) 502–8659. public nor private interests will be adversely affected by continued Magalie R. Salas, [Docket No. RP05–394–001] approval of Yaka’s issuances of Secretary. securities or assumptions of liability. Viking Gas Transmission Company; [FR Doc. E5–5406 Filed 9–30–05; 8:45 am] Copies of the full text of the Director’s Notice of Compliance Filing BILLING CODE 6717–01–P Order are available from the September 27, 2005. Commission’s Public Reference Room, 888 First Street, NE., Washington, DC Take notice that on September 21, DEPARTMENT OF ENERGY 2005, Viking Gas Transmission 20426. The Order may also be viewed Company (Viking) tendered for filing to Federal Energy Regulatory on the Commission’s Web site at http:// become part of Viking’s FERC Gas Commission www.ferc.gov, using the eLibrary link. Tariff, First Revised Volume No. 1, the Enter the docket number excluding the [Docket Nos. ER05–1194–000 and ER05– last three digits in the docket number following tariff sheets to become 1194–001] effective September 1, 2005: filed to access the document. Comments, protests, and interventions Yaka Energy, LLC; Notice of Issuance Substitute Twelfth Revised Sheet No. 40 may be filed electronically via the of Order Substitute Ninth Revised Sheet No. 41 internet in lieu of paper. See, 18 CFR Substitute Original Sheet No. 44A Substitute Original Sheet No. 44B September 23, 2005. 385.2001(a)(1)(iii) and the instructions Substitute First Revised Sheet No. 46.01 Yaka LLC (Yaka) filed an application on the Commission’s Web site under the Substitute Fifth Revised Sheet No. 68 for market-based rate authority, with an ‘‘e-Filing’’ link. The Commission Substitute Eleventh Revised Sheet No. 77 accompanying rate schedule. The strongly encourages electronic filings. Substitute Original Sheet No. 85.01 proposed rate schedule provides for the Substitute Original Sheet No. 85.02 Magalie R. Salas, sales of energy and capacity at market- Secretary. Sub Sixteenth Revised Sheet No. 87 based rates. Yaka also requested waiver [FR Doc. E5–5371 Filed 9–30–05; 8:45 am] Viking states that this filing is being of various Commission regulations. In made to comply with the Commission’s particular, Yaka requested that the BILLING CODE 6717–01–P Letter Order dated September 6, 2005 Commission grant blanket approval regarding compliance with the Federal under 18 CFR part 34 of all future DEPARTMENT OF ENERGY Energy Regulatory Commission’s Order issuances of securities and assumptions No. 587–S. of liability by Yaka. Federal Energy Regulatory Any person desiring to protest this On September 21, 2005, pursuant to Commission filing must file in accordance with Rule delegated authority, the Director, 211 of the Commission’s Rules of Division of Tariffs and Market [Docket No. RP05–436–001] Practice and Procedure (18 CFR Development—South, granted the 385.211). Protests to this filing will be request for blanket approval under part CenterPoint Energy—Mississippi River considered by the Commission in 34. The Director’s order also stated that Transmission Corporation; Notice of determining the appropriate action to be the Commission would publish a Compliance Filing taken, but will not serve to make separate notice in the Federal Register protestants parties to the proceeding. establishing a period of time for the September 27, 2005. Such protests must be filed in filing of protests. Accordingly, any Take notice that on September 21, accordance with the provisions of person desiring to be heard or to protest 2005, CenterPoint Energy Gas § 154.210 of the Commission’s the blanket approval of issuances of Transmission Company (CEGT) made a regulations (18 CFR 154.210). Anyone securities or assumptions of liability by filing to comply with the Commission’s

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Order issued September 7, 2005 in this Interstate Commerce Act, 49 U.S.C., by docket(s). For assistance with any FERC proceeding. charging unjust and unreasonable rates Online service, please e-mail Any person desiring to protest this and charges for the interstate [email protected], or call filing must file in accordance with Rule transportation of crude oil by pipeline (866) 208–3676 (toll free). For TTY, call 211 of the Commission’s Rules of and by including provisions in its tariffs (202) 502–8659. Practice and Procedure (18 CFR which are unduly discriminatory and Comment Date: 5 p.m. Eastern Time 385.211). Protests to this filing will be preferential. on October 13, 2005. considered by the Commission in Continental requests that the Magalie R. Salas, determining the appropriate action to be Commission: (1) Examine the taken, but will not serve to make challenged rates and charges collected Secretary. protestants parties to the proceeding. by Bridger for transportation of crude oil [FR Doc. E5–5374 Filed 9–30–05; 8:45 am] Such protests must be filed in and the challenged tariff provisions BILLING CODE 6717–01–P accordance with the provisions of concerning crude oil sulfur restrictions § 154.210 of the Commission’s applied to such transportation, (2) regulations (18 CFR 154.210). Anyone determine that Bridger’s rates are unjust DEPARTMENT OF ENERGY filing a protest must serve a copy of that and unreasonable and that Bridger’s challenged tariff provisions regarding Federal Energy Regulatory document on all the parties to the Commission proceeding. crude oil sulfur restrictions are The Commission encourages discriminatory and unduly preferential, [Docket No. EL05–145–000] electronic submission of protests in lieu (3) determine just, reasonable and non- of paper using the ‘‘eFiling’’ link at discriminatory rates and tariff terms for Emergency Petition and Complaint of http://www.ferc.gov. Persons unable to Bridger’s jurisdictional interstate the District of Columbia Public Service file electronically should submit an services, (4) order reparations and/or Commission; Notice of Proposed original and 14 copies of the protest to refunds to Continental, including Restricted Service List appropriate interest thereon, for the the Federal Energy Regulatory September 23, 2005. Commission, 888 First Street, NE., applicable reparations and refund period, (5) award Continental Rule 2010 of the Federal Energy Washington, DC 20426. Regulatory Commission’s (Commission) This filing is accessible on-line at reasonable attorney’s fees and costs; and (6) order such other relief as may be Rules of Practice and Procedure http://www.ferc.gov, using the provides that, to eliminate unnecessary ‘‘eLibrary’’ link and is available for appropriate. Continental states that it has served a expenses or improve administrative review in the Commission’s Public efficiency, the Secretary may establish a Reference Room in Washington, DC. copy of the Complaint on Bridger. Any person desiring to intervene or to restricted service list for a particular There is an ‘‘eSubscription’’ link on the proceeding.1 A restricted service list Web site that enables subscribers to protest this filing must file in accordance with Rules 211 and 214 of contains the names of persons who, in receive e-mail notification when a the judgment of the decisional authority document is added to a subscribed the Commission’s Rules of Practice and Procedure (18 CFR 385.211 and establishing the list, are active docket(s). For assistance with any FERC participants with respect to the phase or Online service, please e-mail 385.214). Protests will be considered by the Commission in determining the issue in the proceeding for which the [email protected], or call appropriate action to be taken, but will restricted service list is established. (866) 208–3676 (toll free). For TTY, call not serve to make protestants parties to Any person on the current official (202) 502–8659. the proceeding. Any person wishing to service list for the above-captioned Magalie R. Salas, become a party must file a notice of proceedings may request inclusion on Secretary. intervention or motion to intervene, as the restricted service list, or may request [FR Doc. E5–5407 Filed 9–30–05; 8:45 am] appropriate. Such notices, motions, or that a restricted service list not be BILLING CODE 6717–01–P protests must be filed on or before the established, by filing a motion stating comment date. Anyone filing a motion the reason for the request within 15 to intervene or protest must serve a copy days of the date of this notice. DEPARTMENT OF ENERGY of that document on the Applicant and The Commission strongly encourages all parties to this proceeding. electronic filings. The motions Federal Energy Regulatory The Commission encourages described above may be filed Commission electronic submission of protests and electronically via the Internet. See 18 CFR 385.2001(a)(1)(iii) and the [Docket No. OR05–11–000] interventions in lieu of paper using the ‘‘eFiling’’ link at http://www.ferc.gov. instructions on the Commission’s Web Continental Resources, Inc., Persons unable to file electronically site under the eFiling link at http:// Complainant, v. Bridger Pipeline, LLC, should submit an original and 14 copies www.ferc.gov. If a person cannot file a Respondent; Notice of Complaint of the protest or intervention to the motion electronically, an original and Federal Energy Regulatory Commission, 14 copies of any such motions must be September 23, 2005. 888 First Street, NE., Washington, DC filed with Magalie R. Salas, Secretary of Take notice that on September 19, 20426. the Commission, at 888 First Street, NE., 2005, Continental Resources, Inc., This filing is accessible on-line at Washington, DC, 20426. All motions, (Continental) pursuant to Rule 208 of http://www.ferc.gov, using the electronic or paper, must be served on the Commission’s Rules of Practice and ‘‘eLibrary’’ link and is available for each person whose name appears on the Procedures, 18 CFR 385.206 and 18 CFR review in the Commission’s Public current official service list in the above- 343.1(a), filed a complaint in this Reference Room in Washington, DC. docketed proceeding. If no such motions proceeding. Continental states that There is an ‘‘eSubscription’’ link on the are filed, the restricted service list will Bridger Pipeline, LLC (Bridger) has Web site that enables subscribers to be effective at the end of the 15-day violated and continues to violate receive e-mail notification when a sections 1(5), 2, 3(3) and 15 of the document is added to a subscribed 1 18 CFR 385.2010(d) (2005).

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period. Otherwise, a further notice will Docket Numbers: ER05–1414–001. Applicants: Tampa Electric Company; be issued ruling on any motion or Applicants: San Diego Gas & Electric Panda Gila River, L.P.; Union Power motions filed within the 15-day period. Company. Partners, L.P. TECO EnergySource, Inc.; Description: San Diego Gas & Electric Commonwealth Chesapeake Company, Magalie R. Salas, Co submits Substitute First Revised L.L.C., TPS Dell, LLC; TPS McAdams, Secretary. Sheet Nos. 129, 131, 132, and 148 of its LLC; TECO-PANDA Generating [FR Doc. E5–5367 Filed 9–30–05; 8:45 am] Rate Schedule FERC Service Agreement Company, L.P. BILLING CODE 6717–01–P No. 12. Description: Tampa Electric Co et al. Filed Date: 09/19/2005. submit the available transfer capability Accession Number: 20050920–0051. data from the Florida Open Access DEPARTMENT OF ENERGY Comment Date: 5 p.m. Eastern Time Same-Time Information System for 2003 on Tuesday, October 11, 2005. and revision to their respective market- Federal Energy Regulatory based rate tariffs. Commission Docket Numbers: ER05–1489–000. Applicants: Craven County Wood Filed Date: 09/12/2005. Accession Number: 20050914–0073. Combined Notice of Filings #1 Energy Limited Partnership. Description: Craven County Wood Comment Date: 5 p.m. Eastern Time September 26, 2005. Energy Limited Partnership’s on Tuesday, October 11, 2005. Any person desiring to intervene or to Take notice that the Commission application for order approving market- protest in any of the above proceedings received the following electric rate based rates, FERC Electric Tariff, must file in accordance with Rules 211 filings: Original Volume No. 2, and a Code of and 214 of the Commission’s Rules of Docket Numbers: ER02–2408–002. Conduct. Practice and Procedure (18 CFR 385.211 Applicants: Lower Mount Bethel Filed Date: 09/19/2005. and 385.214) on or before 5 p.m. Eastern Energy, LLC. Accession Number: 20050920–0050. Description: Lower Mount Bethel Comment Date: 5 p.m. Eastern Time Time on the specified comment date. It Energy, LLC submits a Triennial Market- on Tuesday, October 11, 2005. is not necessary to separately intervene Based Rate update in compliance with again in a subdocket related to a Docket Numbers: ER05–1490–000. compliance filing if you have previously the Commission’s Letter Order issued 9/ Applicants: Midwest Independent 18/02. intervened in the same docket. Protests Transmission System Operator, Inc. will be considered by the Commission Filed Date: 09/19/2005. Description: Midwest Independent in determining the appropriate action to Accession Number: 20050921–0084. Transmission System Operator, Inc. and be taken, but will not serve to make Comment Date: 5 p.m. Eastern Time the Midwest ISO Transmission Owners protestants parties to the proceeding. on Tuesday, October 11, 2005. submit revisions to the Midwest ISO Anyone filing a motion to intervene or Docket Numbers: ER03–879–002; Agreement, and revisions to Midwest protest must serve a copy of that ER03–880–002; ER03–882–002. ISO Tariff Schedule 21. document on the Applicant. In reference Applicants: D.E. Shaw Plasma Filed Date: 09/12/2005. to filings initiating a new proceeding, Trading, L.L.C.; D.E. Shaw & Co. Energy, Accession Number: 20050921–0082. interventions or protests submitted on L.L.C.; D.E. Shaw Plasma Power, L.L.C. Comment Date: 5 p.m. Eastern Time or before the comment deadline need Description: DE Shaw Plasma on Tuesday, October 11, 2005. not be served on persons other than the Trading, LLC et al. inform FERC of a Docket Numbers: ER05–1491–000. Applicant. departure from the characteristics relied Applicants: Vermont Yankee Nuclear The Commission encourages upon by FERC in its 7/23/03 Order. Power Corporation. electronic submission of protests and Filed Date: 09/15/2005. Description: Vermont Yankee Nuclear interventions in lieu of paper, using the Accession Number: 20050922–0144. Power Corp submits a market-based FERC Online links at http:// Comment Date: 5 p.m. Eastern Time sales tariff, designated as its FERC Elec www.ferc.gov. To facilitate electronic on Friday, October 07, 2005. Tariff, Original Volume 1, & requests service, persons with Internet access Docket Numbers: ER05–1270–001. FERC approval to sell electric energy & who will eFile a document and/or be Applicants: Allegheny Energy Supply capacity at market-based rates. listed as a contact for an intervenor Company, Inc. Monongahela Power Filed Date: 09/19/2005. must create and validate an Company. Accession Number: 20050921–0083. eRegistration account using the Description: Allegheny Energy Supply Comment Date: 5 p.m. Eastern Time eRegistration link. Select the eFiling Co and Monongahela Power Co amend on Tuesday, October 11, 2005. link to log on and submit the their 7/29/05 filing to include additional Docket Numbers: ER05–17–005. intervention or protests. information and support requested in a Applicants: Trans-Elect NTD Path 15, Persons unable to file electronically FERC staff letter dated 9/6/05. LLC. should submit an original and 14 copies Filed Date: 09/19/2005. Description: Trans-Elect NTD Path 15, of the intervention or protest to the Accession Number: 20050920–0053. LLC’s request that FERC issue an order Federal Energy Regulatory Commission, Comment Date: 5 p.m. Eastern Time accepting a compliance filing, without 888 First St., NE., Washington, DC on Tuesday, October 11, 2005. conditions, on or before 10/21/05. 20426. Docket Numbers: ER05–1318–001. Filed Date: 09/19/2005. The filings in the above proceedings Applicants: Geneva Energy, LLC. Accession Number: 20050921–0085. are accessible in the Commission’s Description: Geneva Energy, LLC’s Comment Date: 5 p.m. Eastern Time eLibrary system by clicking on the substitutes an amended Rate Schedule on Tuesday, October 11, 2005. appropriate link in the above list. They FERC Form 1, in support of its petition Docket Numbers: ER99–2342–004, are also available for review in the for acceptance of initial rate schedule. –005; ER01–931–008, –009; ER01–930– Commission’s Public Reference Room in Filed Date: 09/19/2005. 008, –009; ER96–1563–021, –022; ER99– Washington, DC. There is an Accession Number: 20050922–0145. 415–007, –008; ER02–510–004, –005; eSubscription link on the Web site that Comment Date: 5 p.m. Eastern Time ER02–507–004, –005; ER02–1000–005, enables subscribers to receive e-mail on Tuesday, October 11, 2005. –006 notification when a document is added

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to a subscribed dockets(s). For filing of Notice of Cancellation of its Docket Numbers: ER05–1496–000. assistance with any FERC Online market-based rate authority. Applicants: American Electric Power service, please e-mail Filed Date: 09/21/2005. Service Corporation. [email protected]. or call Accession Number: 20050922–0428. Description: American Electric Power (866) 208–3676 (toll free). For TTY, call Comment Date: 5 p.m. Eastern Time Service Corp on behalf of American (202) 502–8659. on Wednesday, October 12, 2005. Electric Power System submits and Docket Numbers: ER05–1401–001. requests acceptance of an Magalie R. Salas, Interconnection and Local Delivery Secretary. Applicants: Midwest Independent Transmission System Operator, Inc. Agreement. [FR Doc. E5–5388 Filed 9–30–05; 8:45 am] Description: The Midwestern Filed Date: 09/21/2005. BILLING CODE 6717–01–P Independent Transmission System Accession Number: 20050923–0361. Operator, Inc submits an amendment to Comment Date: 5 p.m. Eastern Time on Wednesday, October 12, 2005. DEPARTMENT OF ENERGY its 8/29/05 filing of the Interconnection & Operating Agreement with Arnold Docket Numbers: ER05–1497–000. Federal Energy Regulatory Windfarm, LLC. Applicants: Dearborn Industrial Commission Filed Date: 09/20/2005. Generation, L.L.C. Accession Number: 20050922–0430. Description: Dearborn Industrial Combined Notice of Filings #2 Comment Date: 5 p.m. Eastern Time Generation, LLC amends its existing on Tuesday, October 11, 2005. cost-based tariff et al. September 26, 2005. Docket Numbers: ER05–1492–000. Filed Date: 09/21/2005. Docket Numbers: ER04–1066–003. Applicants: Xcel Energy Services Inc. Accession Number: 20050923–0370. Applicants: Reliant Energy Wholesale Description: Xcel Energy Services Inc Comment Date: 5 p.m. Eastern Time Generation, LLC. submits the Interconnection Agreement on Wednesday, October 12, 2005. Description: Reliant Energy Wholesale dated 10/7/04 for the Browntown Docket Numbers: ER97–2846–007. Generation, LLC submits its refund Substation Point of Connecton with the Applicants: Florida Power report labeled Exhibit 1 in compliance City of Browntown, Minnesota. Corporation. with FERC’s 6/24/05 Order. Filed Date: 09/20/2005. Description: Florida Power Corp Filed Date: 09/21/2005. Accession Number: 20050921–0081. notifies FERC that it has entered into a Accession Number: 20050923–0358. contract effective 12/1/05 for the Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time on Tuesday, October 11, 2005. purchase of 133 MW of capacity from on Wednesday, October 12, 2005. Central Power & Lime Co pursuant to Docket Numbers: ER04–230–017. Docket Numbers: ER05–1493–000. Applicants: FirstEnergy Service FERC’s Order 652 . Applicants: New York Independent Filed Date: 09/21/2005. System Operator, Inc. Company. Description: FirstEnergy Service Accession Number: 20050923–0359. Description: New York Independent Comment Date: 5 p.m. Eastern Time System Operator, Inc. submits Company on behalf of American Transmission Systems, Inc submits on Wednesday, October 12, 2005. compliance filing pursuant to FERC’s Any person desiring to intervene or to 8/10/04 Order. proposed revisions to its ATSI Open Access Transmission Tariff. protest in any of the above proceedings Filed Date: 09/20/2005. must file in accordance with Rules 211 Accession Number: 20050922–0432. Filed Date: 09/20/2005. Accession Number: 20050922–0143. and 214 of the Commission’s Rules of Comment Date: 5 p.m. Eastern Time Practice and Procedure (18 CFR 385.211 on Tuesday, October 11, 2005. Comment Date: 5 p.m. Eastern Time on Tuesday, October 11, 2005. and 385.214) on or before 5 p.m. Eastern Docket Numbers: ER05–1280–001. Time on the specified comment date. It Applicants: Strategic Energy, L.L.C. Docket Numbers: ER05–1494–000. is not necessary to separately intervene Description: Strategic Energy, LLC Applicants: Platte-Clay Electric again in a subdocket related to a submits revisions to market behavior Cooperative, Inc. compliance filing if you have previously rule section 2(b) of its FERC Electric Description: Platte-Clay Electric intervened in the same docket. Protests Tariff, First Revised Rate Schedule No. Cooperative, Inc. advises that due to will be considered by the Commission 1. amendments of section 201(f) of the in determining the appropriate action to Filed Date: 09/21/2005. Federal Power Act, it is no longer a be taken, but will not serve to make Accession Number: 20050922–0431. public utility. protestants parties to the proceeding. Comment Date: 5 p.m. Eastern Time Filed Date: 09/20/2005. Anyone filing a motion to intervene or on Wednesday, October 12, 2005. Accession Number: 20050923–0365. protest must serve a copy of that Docket Numbers: ER05–1337–001. Comment Date: 5 p.m. Eastern Time document on the Applicant. In reference Applicants: San Diego Gas & Electric on Tuesday, October 11, 2005. to filings initiating a new proceeding, Company. Docket Numbers: ER05–1495–000. interventions or protests submitted on Description: San Diego Gas & Electric Applicants: American Electric Power or before the comment deadline need Company Annual Transmission formula Service Corporation. not be served on persons other and the rate change filing for retail and Description: American Electric Power Applicant. wholesale rates. Service Corp, agent for Appalachian The Commission encourages Filed Date: 09/21/2005. Power Co submits a Facilities, Operating electronic submission of protests and Accession Number: 20050921–5017. Maintenance and Repair Agreement interventions in lieu of paper, using the Comment Date: 5 p.m. Eastern Time with Virginia Polytechnic Institute and FERC Online links at http:// on Wednesday, October 12, 2005. State University. www.ferc.gov. To facilitate electronic Docket Numbers: ER05–1355–001. Filed Date: 09/21/2005. service, persons with Internet access Applicants: Lowell Power, LLC. Accession Number: 20050923–0362. who will eFile a document and/or be Description: Lowell Power LLC Comment Date: 5 p.m. Eastern Time listed as a contact for an intervenor submits an amendment to the 8/16/05 on Wednesday, October 12, 2005. must create and validate an

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eRegistration account using the the Commission’s Web site at http:// comment by 60 days. Comments are eRegistration link. Select the eFiling www.ferc.gov using the ‘‘eLibrary’’ link. now due on December 16, 2005. link to log on and submit the Enter the docket number excluding the As a reminder, any person wishing to intervention or protests. last three digits in the docket number comment on the draft EIS may do so. To Persons unable to file electronically field to access the document. For ensure consideration prior to a should submit an original and 14 copies assistance, contact FERC Online Commission decision on the proposal, it of the intervention or protest to the Support at is important that we receive your Federal Energy Regulatory Commission, [email protected] or toll- comments before the date specified 888 First St., NE., Washington, DC free at 1–866–208–3676, or for TTY, below. Please carefully follow these 20426. (202) 502–8659. You may also register instructions to ensure that your The filings in the above proceedings online at http://www.ferc.gov/docs- comments are received in time and are accessible in the Commission’s filing/esubscription.asp to be notified properly recorded: eLibrary system by clicking on the via e-mail of new filings and issuances • Send an original and two copies of appropriate link in the above list. They related to this or other pending projects. your comments to: Magalie R. Salas, are also available for review in the For assistance, contact FERC Online Secretary, Federal Energy Regulatory Commission’s Public Reference Room in Support. Commission, 888 First Street, NE., Washington, DC. There is an Please file any comments (an original Room 1A, Washington, DC 20426. eSubscription link on the Web site that and 8 copies) within 30 days from the • Reference Docket No. CP05–83–000 enables subscribers to receive e-mail date of this letter. The comments should et al.; notification when a document is added be addressed to Magalie R. Salas, • Label one copy of the comments for to a subscribed dockets(s). For Secretary, Federal Energy Regulatory the attention of Gas Branch 2, PJ11.2; assistance with any FERC Online Commission, 888 First Street, NE., and service, please e-mail Washington, DC 20426. Please affix • Mail your comments so that they [email protected]. or call ‘‘Conecuh River Project No. 2586–024’’ will be received in Washington, DC on (866) 208–3676 (toll free). For TTY, call to all comments. Comments may be or before December 16, 2005. (202) 502–8659. filed electronically via the Internet in Please note that we will include all comments that we receive within a Magalie R. Salas, lieu of paper. See (18 CFR 385.2001(a)(1)(iii) and the instructions reasonable time frame in our Secretary. on the Commission’s Web site at http:// environmental analysis of this Project. [FR Doc. E5–5389 Filed 9–30–05; 8:45 am] www.ferc.gov under the ‘‘e-filing’’ link. However, the Commission strongly BILLING CODE 6717–01–P The Commission strongly encourages encourages electronic filing of any electronic filings. comments or interventions to this proceeding. See 18 CFR DEPARTMENT OF ENERGY Please contact Carolyn Holsopple at (202) 502–6407, or by e-mail at 385.2001(a)(1)(iii) and the instructions on the Commission’s Web site at Federal Energy Regulatory [email protected] if you have http://www.ferc.gov under the ‘‘e- Commission any questions. Filing’’ link and the link to the User’s [Project No. 2586–024] Magalie R. Salas, Guide. Before you can file comments Secretary. you will need to create a free account, Alabama Electric Cooperative, Inc.; [FR Doc. E5–5378 Filed 9–30–05; 8:45 am] which can be created by clicking on Notice of Availability of Environmental BILLING CODE 6717–01–P ‘‘Login to File’’ and then ‘‘New User Assessment Account.’’ September 23, 2005. DEPARTMENT OF ENERGY Magalie R. Salas, In accordance with the National Secretary. Environmental Policy Act of 1969 and Federal Energy Regulatory [FR Doc. E5–5412 Filed 9–30–05; 8:45 am] part 380 of the Federal Energy Commission BILLING CODE 6717–01–P Regulatory Commission’s (Commission) regulations, 18 CFR part 380; FERC [Docket Nos. CP05–83–000, CP05–84–000, Order No. 486 and 52 FR 47,897, the CP05–85–000 and CP05–86–000] DEPARTMENT OF ENERGY Office of Energy Projects has reviewed the application for a new license for the Port Arthur LNG, L.P. Port Arthur Federal Energy Regulatory Conecuh River Project, located on the Pipeline, L.P.; Notice of Public Meeting Commission Conecuh River, in Covington County, Cancellation and Extension of [Project Nos. 382–026 and 178–017] Alabama, and has prepared a single Comment Period for the Draft environmental assessment (EA) for the Environmental Impact Statement for Southern California Edison Company, project. The project does not use or Port Arthur LNG Project Pacific Gas & Electric Company; occupy any Federal facilities or lands. Notice of Availability of Final In the EA, Commission staff analyzes September 27, 2005. Environmental Assessment the potential environmental effects of Because of damage in the area due to the existing project and concludes that Hurricane Rita, the staff of the Federal September 27, 2005. licensing the project, with staff’s Energy Regulatory Commission In accordance with the National recommended measures, would not (Commission) is canceling its planned Environmental Policy Act of 1969 and constitute a major Federal action public comment meetings in Vinton, the Federal Energy Regulatory significantly affecting the quality of the Louisiana and Port Arthur, Texas for the Commission’s (Commission) human environment. Draft Environmental Impact Statement regulations, 18 CFR part 380 (Order No. A copy of the EA is available for (EIS) for the Port Arthur LNG Project 486, 52 FR 47897), the Office of Energy review at the Commission in the Public until further notice. However, we are Projects has reviewed the applications Reference Room or may be viewed on extending the period for public for license for the Borel Hydroelectric

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Project (P–382–026) and Kern Canyon e. Name of Project: Mary Taylor Drop kilowatt generating unit, and (4) draft Hydroelectric Project (P–178–017) and Hydroelectric Project. tubes and a tailrace discharging into has prepared a Final Environmental f. Location: The Mary Taylor Drop Greenfields Main Canal. The average Assessment (FEA) for the projects. The Hydroelectric Project would be located annual energy production would be Borel Hydroelectric Project is located on at the Mary Taylor canal drop between 1,840 megawatt hours. the Kern River near the town of Bodfish the Spring Valley Canal and Greenfields m. This filing is available for review in Kern County, California. The canal Main Canal, which are part of the and reproduction at the Commission in intake for the project is located on Bureau of Reclamation’s Sun River the Public Reference Room, Room 2A, approximately 188 acres of Sequoia Irrigation Project in Teton County, 888 First Street, NE., Washington, DC National Forest Service lands. The Kern Montana. The proposed hydroelectric 20426. The filing may also be viewed on Canyon Hydroelectric Project is located facilities would be located on private the Web at http://www.ferc.gov using on the Kern River, near the town of land, some of which is leased to the ‘‘eLibrary’’ link. Enter the docket Bakersfield in Kern County, California. Reclamation for the operation and number, here P–12550, in the docket The project occupies approximately maintenance of the irrigation canals. number field to access the document. 11.26 acres of public land located g. Filed Pursuant to: Federal Power For assistance, call toll-free 1–866–208– within the Sequoia National Forest. Act 16 U.S.C. 791a—825r. 3676 or e-mail The FEA contains the Staff’s analysis h. Applicant Contact: Mr. Ted [email protected]. For TTY, of the potential environmental impacts Sorenson, Sorenson Engineering, 5203 call (202) 502–8659. A copy is also of the projects and concludes that South 11th East, Idaho Falls, ID 83404, available for review and reproduction at licensing the projects, with appropriate (208) 522–8069. the address in item h. above. environmental protective measures, i. FERC Contact: James Hunter, (202) n. Protests or Motions to Intervene— would not constitute a major federal 502–6086. Anyone may submit a protest or a j. Status of Environmental Analysis: action that would significantly affect the motion to intervene in accordance with This application is ready for quality of the human environment. the requirements of Rules of Practice environmental analysis at this time, and and Procedure, 18 CFR 385.210, A copy of the FEA is on file with the the Commission is requesting 385.211, and 385.214. In determining Commission and is available for public comments, reply comments, the appropriate action to take, the inspection. The FEA is available for recommendations, terms and Commission will consider all protests review at the Commission or may be conditions, and prescriptions. filed, but only those who file a motion viewed on the Commission’s Web site at k. Deadline for filing responsive to intervene in accordance with the http://www.ferc.gov, using the documents: The Commission directs, Commission’s Rules may become a ‘‘eLibrary’’ link. Enter the docket pursuant to section 4.34(b) of the party to the proceeding. Any protests or number excluding the last three digits in Regulations (see Order No. 533 issued motions to intervene must be received the docket number field to access the May 8, 1991, 56 FR 23108, May 20, on or before the specified deadline date document. For assistance, contact FERC 1991) that all comments, motions to for the particular application. Online Support at intervene, protests, recommendations, o. All filings must (1) bear in all [email protected] or toll- terms and conditions, and prescriptions capital letters the title ‘‘PROTEST’’, free at (866) 208–3676, or for TTY, concerning the application be filed with ‘‘MOTION TO INTERVENE’’, contact (202) 502–8659. the Commission by November 23, 2005. ‘‘COMMENTS,’’ ‘‘REPLY COMMENTS,’’ For further information, contact Emily All reply comments must be filed with ‘‘RECOMMENDATIONS,’’ ‘‘TERMS Carter at (202) 502–6512 or the Commission by December 9, 2005. AND CONDITIONS,’’ or [email protected]. Comments, protests, and ‘‘PRESCRIPTIONS;’’ (2) set forth in the Magalie R. Salas, interventions may be filed electronically heading the name of the applicant and Secretary. via the Internet in lieu of paper; see 18 the project number of the application to CFR 385.2001(a)(1)(iii) and the which the filing responds; (3) furnish [FR Doc. E5–5402 Filed 9–30–05; 8:45 am] instructions on the Commission’s Web the name, address, and telephone BILLING CODE 6717–01–P site under the ‘‘e-Filing’’ link. The number of the person protesting or Commission strongly encourages intervening; and (4) otherwise comply DEPARTMENT OF ENERGY electronic filings. with the requirements of 18 CFR The Commission’s Rules of Practice 385.2001 through 385.2005. All Federal Energy Regulatory and Procedure require all intervenors comments, recommendations, terms and Commission filing documents with the Commission conditions or prescriptions must set to serve a copy of that document on forth their evidentiary basis and Notice of Application Accepted for each person in the official service list otherwise comply with the requirements Filing and Soliciting Comments, for the project. Further, if an intervenor of 18 CFR 4.34(b). Agencies may obtain Motions To Intervene, Protests, files comments or documents with the copies of the application directly from Recommendations, and Terms and Commission relating to the merits of an the applicant. Any of these documents Conditions issue that may affect the responsibilities must be filed by providing the original of a particular resource agency, they and eight copies to: The Secretary, September 23, 2005. must also serve a copy of the document Federal Energy Regulatory Commission, Take notice that the following on that resource agency. 888 First Street, NE., Washington, DC hydroelectric application has been filed l. Description of Project: The proposed 20426. An additional copy must be sent with the Commission and is available small conduit hydroelectric project to Director, Division of Hydropower for public inspection: would consist of: (1) An intake structure Administration and Compliance, Office a. Type of Application: Conduit on the left side of Spring Valley Canal, of Energy Projects, Federal Energy Exemption. with a trash rack and a stop log slot, (2) Regulatory Commission, at the above b. Project No.: 12550–001. a 400-foot-long, 5-foot-diameter address. A copy of any protest or motion c. Date filed: June 24, 2005. penstock, (3) a metal powerhouse to intervene must be served upon each d. Applicant: Wade Jacobson. containing two and one 890- representative of the applicant specified

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in the particular application. A copy of to serve a copy of that document on preliminary permit application must all other filings in reference to this each person in the official service list conform with 18 CFR 4.30(b) and 4.36. application must be accompanied by for the project. Further, if an intervenor n. Competing Development proof of service on all persons listed in files comments or documents with the Application—Any qualified the service list prepared by the Commission relating to the merits of an development applicant desiring to file a Commission in this proceeding, in issue that may affect the responsibilities competing development application accordance with 18 CFR 4.34(b) and of a particular resource agency, they must submit to the Commission, on or 385.2010. must also serve a copy of the document before a specified comment date for the on that resource agency. particular application, either a Magalie R. Salas, j. Description of Existing Facilities competing development application or a Secretary. and Proposed Project: The proposed notice of intent to file such an [FR Doc. E5–5375 Filed 9–30–05; 8:45 am] project would consist of the following application. Submission of a timely BILLING CODE 6717–01–P facilities: (1) A new upper reservoir notice of intent to file a development with a maximum storage capacity of application allows an interested person 1,549.8 acre-feet and a surface area of 30 to file the competing application no DEPARTMENT OF ENERGY acres at maximum normal water surface later than 120 days after the specified elevation of 2088 feet above mean sea comment date for the particular Federal Energy Regulatory level (msl); (2) a new upper concrete Commission application. A competing license intake structure with a steel penstock; application must conform with 18 CFR (3) a new lower concrete and steel Notice of Application Accepted for 4.30(b) and 4.36. intake structure; (4) a new powerhouse Filing and Soliciting Comments, o. Notice of Intent—A notice of intent with two 50-megawatt pump/turbines; Protests, and Motions To Intervene must specify the exact name, business (5) an existing lower reservoir with a address, and telephone number of the September 23, 2005. maximum storage capacity of 36,212.9 prospective applicant, and must include Take notice that the following acre-feet and an area of 928 acres at an unequivocal statement of intent to hydroelectric application has been filed maximum water surface elevation of submit, if such an application may be with the Commission and is available 1625 feet msl; (6) a new transmission filed, either a preliminary permit for public inspection: line between the powerhouse and application or a development a. Type of Application: Preliminary switchyard and an existing transmission application (specify which type of Permit. line approximately 7300-feet-long to the application). A notice of intent must be b. Project No.: 12581–000. southeast; and (7) appurtenant facilities. served on the applicant(s) named in this The proposed project would have an c. Date filed: March 31, 2005. public notice. d. Applicant: Cambria Somerset annual generation of 156 GWh. p. Proposed Scope of Studies Under Authority. k. Location of Applications: A copy of e. Name and Location of Project: The the application is available for Permit—A preliminary permit, if issued, proposed Que Pumped Storage Project inspection and reproduction at the does not authorize construction. The would be located in Quemahoning Commission in the Public Reference term of the proposed preliminary permit Township, Somerset County, Room or may be viewed on the would be 36 months. The work Pennsylvania. Commission’s Web site at http:// proposed under the preliminary permit f. Filed Pursuant to: Federal Power www.ferc.gov using the ‘‘eLibrary’’ link. would include economic analysis, Act, 16 U.S.C. 791(a)–825(r). Enter the docket number excluding the preparation of preliminary engineering g. Applicant contact: Mr. Paul C. last three digits in the docket number plans, and a study of environmental Rizzo, Paul C. Rizzo Associates, Inc., field to access the document. For impacts. Based on the results of these 647 Main Street, Suite 200, Johnstown, assistance, call toll-free 1–866–208– studies, the Applicant would decide PA 15901, (814) 536–6767. 3676 or e-mail whether to proceed with the preparation h. FERC Contact: Tom Papsidero, [email protected]. For TTY, of a development application to (202) 502–6002. call (202) 502–8659. A copy is also construct and operate the project. i. Deadline for filing comments, available for inspection and q. Comments, Protests, or Motions To protests, and motions to intervene: 60 reproduction at the address in item g Intervene—Anyone may submit days from the issuance date of this above. comments, a protest, or a motion to notice. l. Individuals desiring to be included intervene in accordance with the All documents (original and eight on the Commission’s mailing list should requirements of Rules of Practice and copies) should be filed with Magalie R. so indicate by writing to the Secretary Procedure, 18 CFR 385.210, .211, .214. Salas, Secretary, Federal Energy of the Commission. In determining the appropriate action to Regulatory Commission, 888 First m. Competing Preliminary Permit— take, the Commission will consider all Street, NE., Washington, DC 20426. Anyone desiring to file a competing protests or other comments filed, but Comments, protests and interventions application for preliminary permit for a only those who file a motion to may be filed electronically via the proposed project must submit the intervene in accordance with the Internet in lieu of paper; see 18 CFR competing application itself, or a notice Commission’s Rules may become a 385.2001(a)(1)(iii) and the instructions of intent to file such an application, to party to the proceeding. Any comments, on the Commission’s Web site under the the Commission on or before the protests, or motions to intervene must ‘‘e-Filing’’ link. The Commission specified comment date for the be received on or before the specified strongly encourages electronic filings. particular application (see 18 CFR 4.36). comment date for the particular Please include the project number (P– Submission of a timely notice of intent application. 12581–000) on any comments or allows an interested person to file the Comments, protests and interventions motions filed. competing preliminary permit may be filed electronically via the The Commission’s Rules of Practice application no later than 30 days after Internet in lieu of paper; See 18 CFR and Procedure require all intervenors the specified comment date for the 385.2001 (a)(1)(iii) and the instructions filing documents with the Commission particular application. A competing on the Commission’s Web site under ‘‘e-

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filing’’ link. The Commission strongly Wisconsin. The project does not occupy the docket number field to access the encourages electronic filing. Federal lands. document. For assistance, contact FERC r. Filing and Service of Responsive g. Filed Pursuant to: Federal Power Online Support at Documents—Any filings must bear in Act 16 U.S.C. 791 (a)–825(r). [email protected] or toll- all capital letters the title h. Applicant Contact: Scott Klabunde, free at 1–866–208–3676, or for TTY, ‘‘COMMENTS’’, ‘‘NOTICE OF INTENT North American Hydro, Inc., P.O. Box (202) 502–8659. A copy is also available TO FILE COMPETING APPLICATION’’, 167, Neshkoro, WI 54960; 920–293– for inspection and reproduction at the ‘‘COMPETING APPLICATION’’, 4628 ext. 14. address in item h above. ‘‘PROTEST’’, or ‘‘MOTION TO i. FERC Contact: Patrick Murphy, n. You may also register online at INTERVENE’’, as applicable, and the (202) 502–8755 or http://www.ferc.gov.esubscribernow.htm Project Number of the particular [email protected]. to be notified via e-mail of new filings application to which the filing refers. j. Deadline for filing scoping and issuances related to this or other Any of the above-named documents comments: October 31, 2005. pending projects. For assistance, contact must be filed by providing the original All documents (original and eight FERC Online Support. and the number of copies provided by copies) should be filed with: Magalie R. o. Scoping Process: The Commission the Commission’s regulations to: The Salas, Secretary, Federal Energy staff intends to prepare an Secretary, Federal Energy Regulatory Regulatory Commission, 888 First Environmental Assessment (EA) for the Commission, 888 First Street, NE., Street, NE., Washington, DC 20426. Clam River Hydroelectric Project in The Commission’s Rules of Practice Washington, DC 20426. An additional accordance with the National require all intervenors filing documents copy must be sent to Director, Division Environmental Policy Act. The EA will with the Commission to serve a copy of of Hydropower Administration and consider both site-specific and that document on each person on the Compliance, Federal Energy Regulatory cumulative environmental impacts and official service list for the project. Commission, at the above-mentioned reasonable alternatives to the proposed Further, if an intervenor files comments address. A copy of any notice of intent, action. or documents with the Commission competing application or motion to Commission staff does not propose to relating to the merits of an issue that intervene must also be served upon each conduct any on-site scoping meetings at may affect the responsibilities of a representative of the Applicant this time. Instead, we will solicit particular resource agency, they must specified in the particular application. comments, recommendations, s. Agency Comments—Federal, State, also serve a copy of the document on information, and alternatives in the and local agencies are invited to file that resource agency. Scoping Document (SD). Scoping comments may be filed comments on the described application. Copies of the SD outlining the subject electronically via the Internet in lieu of A copy of the application may be areas to be addressed in the EA were paper. The Commission strongly obtained by agencies directly from the distributed to the parties on the encourages electronic filings. See 18 Applicant. If an agency does not file Commission’s mailing list. Copies of the CFR 385.2001(a)(1)(iii) and the comments within the time specified for SD may be viewed on the Web at instructions on the Commission’s Web filing comments, it will be presumed to http://www.ferc.gov using the site (http://www.ferc.gov) under the have no comments. One copy of an ‘‘eLibrary’’ link. Enter the docket ‘‘eFiling’’ link. number excluding the last three digits in agency’s comments must also be sent to k. This application is not ready for the docket number field to access the the Applicant’s representatives. environmental analysis at this time. l. The existing Clam River Project document. For assistance, call 1–866– Magalie R. Salas, 208–3676 or for TTY, (202) 502–8659. Secretary. consists of: (1) A 46-foot-high buttress [FR Doc. E5–5376 Filed 9–30–05; 8:45 am] type concrete dam concrete with a 54- Magalie R. Salas, foot-wide spillway with four sections, BILLING CODE 6717–01–P Secretary. three sections equipped with 8-inch- [FR Doc. E5–5390 Filed 9–30–05; 8:45 am] high stoplogs, and one section equipped BILLING CODE 6717–01–P DEPARTMENT OF ENERGY with a 4-foot-high slide gate; (2) an 898- foot-long and 223-foot-long earthen Federal Energy Regulatory dikes connecting the left side and the DEPARTMENT OF ENERGY Commission right side of the concrete dam, respectively; (3) a 360-acre reservoir Federal Energy Regulatory [Project No. 9185–009] with a net storage capacity of 3,575 acre- Commission feet with a water surface elevation of Flambeau Hydro, LLC; Notice [Project No. 7758–004] Soliciting Scoping Comments 898.9 feet msl; (4) two powerhouses integral to the dam containing three Holyoke No. 4 Project; Notice of September 26, 2005. turbine generating units with a total Application Ready for Environmental Take notice that the following installed capacity of 1,200 kW; (5) a Analysis and Soliciting Comments, hydroelectric application has been filed 100-foot-long, 2.4-kilovolt transmission Recommendations, Terms and with the Commission and is available line; and (6) appurtenant facilities. The Conditions, and Prescriptions for public inspection. applicant estimates that the total a. Type of Application: Subsequent average annual generation would be September 27, 2005. License. 4,903 megawatt hours. Take notice that the following b. Project No.: P–9185–009. m. A copy of the application is hydroelectric application has been filed c. Date filed: April 1, 2005. available for review at the Commission with the Commission and is available d. Applicant: Flambeau Hydro, LLC. in the Public Reference Room or may be for public inspection. e. Name of Project: Clam River viewed on the Commission’s Web site at a. Type of Application: Subsequent Hydroelectric Project. http://www.ferc.gov using the License. f. Location: On the Clam River in ‘‘eLibrary’’ link. Enter the docket b. Project No.: P–7758–004. Burnett County, near Danbury, number excluding the last three digits in c. Date Filed: February 25, 2005.

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d. Applicant: Holyoke Gas & Electric operation of the Holyoke Project No. to the schedule may be made as Department (HG&E). 2004 according to the Comprehensive appropriate: e. Name of Project: Holyoke No. 4 Canal Operations Plan (CCOP) and the Issue Notice of availability of EA: Project. Comprehensive Operations and Flow February 2006. f. Location: Located on the Plan (COFP).2 The project does not Ready for Commission decision on Connecticut River in the City of occupy any federal lands. the application: March 2006. Holyoke, Hamden County, m. A copy of the application is Massachusetts. This project does not available for review at the Commission Magalie R. Salas, occupy federal lands. in the Public Reference Room or may be Secretary. g. Filed Pursuant to: Federal Power viewed on the Commission’s Web site at [FR Doc. E5–5403 Filed 9–30–05; 8:45 am] Act 16 U.S.C. 791(a)–825(r). http://www.ferc.gov using the ‘‘eLibrary BILLING CODE 6717–01–P h. Applicant Contact: Nancy J. link’’. Enter the docket number Skancke, Law Offices of GKRSE, 1500 K excluding the last three digits in the St., NW., Suite 330, Washington, DC docket number field to access the DEPARTMENT OF ENERGY 20005, (202) 408–5400. document. For assistance, contact FERC Federal Energy Regulatory i. FERC Contact: Jack Hannula, (202) Online Support at 502–8917, [email protected]. [email protected] or toll- Commission j. Deadline for filing comments, free at 1–866–208–3676, or for TTY, [Project No. 2145–060] recommendations, terms and (202) 502–8659. A copy is also available conditions, and prescriptions: 60 days for inspection and reproduction at the Public Utility District No. 1 of Chelan from the issuance date of this notice; address in item h. above. County; Notice of Technical reply comments are due 105 days from All filings must: (1) Bear in all capital Conference issuance date of this notice. letters the title ‘‘COMMENTS’’, ‘‘REPLY All documents (original and eight COMMENTS’’, September 23, 2005. copies) should be filed with: Magalie R. ‘‘RECOMMENDATIONS’’, ‘‘TERMS The Commission hereby gives notice Salas, Secretary, Federal Energy AND CONDITIONS’’, or that members of its staff will meet with Regulatory Commission, 888 First ‘‘PRESCIPTIONS’’; (2) set forth in the Public Utility District No. 1 of Chelan Street, NE., Washington, DC 20426. heading the name of the applicant and County (Chelan PUD) and other The Commission’s Rules of Practice the project number of the application to stakeholders on October 19, 2005, from and Procedure require all intervenors which the filing responds; (3) furnish 1 p.m. to 3 p.m. (EST) at the Federal filing documents with the Commission the name, address, and telephone Energy Regulatory Commission, 888 to serve a copy of that document on number of the person submitting the First Street, NE., Washington, DC 20426, each person whose name appears on the filing; and (4) otherwise comply with Conference Room 3M–3. There will also official service list for the project. the requirements of 18 CFR 385.2001 be a satellite location for this technical Further, if an intervenor files comments through 385.2005. All comments, conference located in Wenatchee, or documents with the Commission recommendations, terms and Washington via teleconferencing. The relating to the merits of an issue that conditions, or prescriptions must set Wenatchee location is the Chelan PUD may affect the responsibilities of a forth their evidentiary basis and Auditorium at 327 North Wenatchee particular resource agency, they must otherwise comply with the requirements Avenue, Wenatchee, WA 98801. also serve a copy of the document on of 18 CFR 4.34(b). Agencies may obtain Meeting time for this location is 10 a.m. that resource agency. copies of the application directly from to 12 p.m. (PST). Any additional Comments and recommendations may the applicant. Each filing must be information will be posted on the be filed electronically via the Internet in accompanied by proof of service on all Commission’s Web site soon at: http:// lieu of paper. The Commission strongly persons listed on the service list www.ferc.gov/EventCalendar/ encourages electronic filings. See CFR prepared by the Commission in this EventsADay.aspx?Date=3/16/ 385.2001(a)(1)(iii) and the instructions proceeding, in accordance with 18 CFR 2005&CalendarID=0. on the Commission’s Web site (http:// 4.34(b), and 385.2010. The purpose of the conference is to www.ferc.gov) under the ‘‘eFiling’’ link. You may also register online at discuss the Commission’s Draft k. This application has been accepted, http://www.ferc.gov/esubscribenow.htm Environmental Impact Statement and is ready for environmental analysis to be notified via e-mail of new filings (issued on August 31, 2005) on Chelan at this time. and issuances related to this or other PUD’s license application for the Rocky l. The existing project is located on pending projects. For assistance, contact Reach Hydroelectric Project. The Rocky the Holyoke Canal System on the FERC Online Support. Reach Hydroelectric Project is located Connecticut River in Hampden County, n. Procedures schedule: The on the Columbia River in Chelan Massachusetts.1 The Holyoke Canal Commission staff proposes to issue an County, Washington. System consists of three levels, and the Environmental Assessment (EA) rather FERC conferences are accessible project facilities are located between the than issuing a draft and final EA. Staff under section 508 of the Rehabilitation first and second canal level. The project intends to allow at least 30 days for Act of 1973. For accessibility is one of nine FERC-licensed projects on entities to comment on the EA, and will accommodations please send an e-mail the Holyoke Canal System. The Holyoke take into consideration all comments to [email protected] or call toll free No. 4 Hydro Project has an installed received on the EA before final action is 1–866–208–3372 (voice) or (202) 208– generating capacity of 750 kilowatts taken on the license application. The 1659 (TTY), or send a fax to (202) 208– (kW), and generates about 3,148,000 application will be processed according 2106 with the required kilowatt-hours (kWh) of energy to the following schedule, but revisions accommodations. annually. Flows into the Canal System This conference is open to the public. 2 are regulated by HG&E through The CCOP and COEP are part of a Settlement All local, State, and Federal agencies, Agreement (filed with the Commission on March Indian tribes, and other interested 12, 2004) as part of the licensing of the Holyoke 1 The Holyoke Canal System is licensed under the Project No. 2004. These plans address canal flows, parties are invited to participate. There Holyoke Project No. 2004. 88 FERC ¶ 61,186 (1999). water quality, fish, and other habitat species. will be no transcript of the conference.

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If interested parties are unable to attend Commission decisional employees, who document on all parties listed on the this conference at the two locations make or receive a prohibited or exempt official service list for the applicable above, but would like to participate via off-the-record communication relevant proceeding in accordance with Rule teleconferencing, please contact Kim to the merits of a contested proceeding, 2010, 18 CFR 385.2010. Nguyen at [email protected] or (202) to deliver to the Secretary, a copy of the Exempt off-the-record 502–6105 for the call in number. communication, if written, or a communications are included in the Please also contact Ms. Nguyen with summary of the substance of any oral decisional record of the proceeding, any questions or for additional communication. information. Prohibited communications are unless the communication was with a cooperating agency as described by 40 Magalie R. Salas, included in a public, non-decisional file associated with, but not a part of, the CFR 1501.6, made under 18 CFR Secretary. decisional record of the proceeding. 385.2201(e)(1)(v). [FR Doc. E5–5377 Filed 9–30–05; 8:45 am] Unless the Commission determines that The following is a list of off-the- BILLING CODE 6717–01–P the prohibited communication and any record communications recently responses thereto should become a part received in the Office of the Secretary. DEPARTMENT OF ENERGY of the decisional record, the prohibited The communications listed are grouped off-the-record communication will not by docket numbers in ascending order. Federal Energy Regulatory be considered by the Commission in These filings are available for review at Commission reaching its decision. Parties to a the Commission in the Public Reference proceeding may seek the opportunity to [Docket No. RM98–1–000] Room or may be viewed on the respond to any facts or contentions Commission’s Web site at http:// Records Governing Off-the-Record made in a prohibited off-the-record www.ferc.gov using the eLibrary communication, and may request that Communications Public Notice (FERRIS) link. Enter the docket number, the Commission place the prohibited excluding the last three digits, in the September 23, 2005. communication and responses thereto docket number field to access the This constitutes notice, in accordance in the decisional record. The document. For assistance, please contact with 18 CFR 385.2201(b), of the receipt Commission will grant such a request FERC, Online Support at of prohibited and exempt off-the-record only when it determines that fairness so communications. requires. Any person identified below as [email protected] or toll Order No. 607 (64 FR 51222, having made a prohibited off-the-record free at (866) 208–3676, or for TTY, September 22, 1999) requires communication shall serve the contact (202) 502–8659.

Docket No. Date received Presenter or requester

Prohibited: 1. ER03–563–030 ...... 9–20–05 James T. Carlton, Barry Brits, L. Aldie Warnock, Daniel J. Callaghan, and Paul Hamilton. Exempt: 1. CP05–144–000, CP05–150–000, CP05–151–000, CP05–152–000 ...... 9–12–05 Hon. Robert C. Byrd. 2. EL05–130–000 ...... 9–8–05 Hon. Elton Gallegly. 3. Project No. 2210–116 ...... 9–12–05 Hon. Virgil H. Goode, Jr. 4. Project No. 2210–116 ...... 9–20–05 Hon. George Allen. 5. Project No. 10805–000 ...... 9–20–05 Hon. Ron Kind.

Magalie R. Salas, granting the following extensions of The Commission will also waive, Secretary. time and waivers. Section 358.4(a)(2) of until October 7, 2005, the requirement [FR Doc. E5–5380 Filed 9–30–05; 8:45 am] the Commission’s Standards of Conduct to record and retain a record of each BILLING CODE 6717–01–P regulations allows transmission deviation of the Standards of Conduct. providers to ‘‘take whatever steps are In addition, pursuant to section necessary to keep the system[s] in 385.2008 of the Commission’s Rules of DEPARTMENT OF ENERGY operation’’ notwithstanding any of the Practice and Procedure, 18 CFR other requirements. 18 CFR 358.4(a)(2) Federal Energy Regulatory 385.2008 (2005), the Commission finds (2005). Section 358.4(a)(2) also Commission good cause to extend, until October 7, provides: ‘‘Transmission Providers must 2005, non-statutory deadlines that occur [Docket Nos. EY04–95–20–000, RM01–10– report to the Commission and post on before that date for participants in 000 and and PL05–14–000] the OASIS or Internet Web site, as proceedings pending before the applicable, each emergency that Commission who are in the geographic Standards of Conduct for resulted in any deviation from the area affected by Hurricane Rita and need Transmission Providers Extension of standards of conduct, within 24 hours of such extensions on account of the Non-Statutory Deadlines; Notice such deviation.’’ As a result of the Hurricane. Granting Extension of Time To Comply emergency, the Commission will allow With Posting and Other Requirements affected transmission providers in the September 23, 2005. geographic area affected by Hurricane Rita to delay compliance with the In anticipation of Hurricane Rita creating emergency conditions in Texas section 358.4(a)(2) reporting and Louisiana, the Commission is requirement until October 7, 2005.

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The Commission will consider level ozone precursors in a multi- tribal governments. The purpose of the extending the October 7, 2005 date if an pollutant context. Section 176A(b)(2) of meeting is to discuss policy issues extension is necessary. the Clean Air Act Amendments of 1990 associated with the CEC’s Draft 2006 specifies that the meeting of the Ozone Operational Plan and Budget. A copy of Magalie R. Salas, Transport Commission is not subject to the agenda for the meeting will be Secretary. the provisions of the Federal Advisory posted at http://www.epa.gov/ocem/ [FR Doc. E5–5386 Filed 9–30–05; 8:45 am] Committee Act. This meeting will be nacgac-page.htm. BILLING CODE 6717–01–P open to the public as space permits. DATES: The National and Governmental Type of Meeting: Open. Advisory Committees will hold a two Agenda: Copies of the final agenda day open meeting on Thursday, October ENVIRONMENTAL PROTECTION will be available from the OTC office 20, from 9 a.m. to 5:30 p.m. and Friday, AGENCY (202) 508–3840; by e-mail: October 21, from 8:30 a.m. to 1:30 p.m. [FRL–7978–6] [email protected] or via the OTC Web ADDRESSES: The meeting will be held at site at http://www.otcair.org. the Embassy Suites Hotel, 601 Pacific Meeting of the Ozone Transport Dated: September 27, 2005. Highway, San Diego, California 92101. Commission Donald S. Welsh, The meeting is open to the public, with AGENCY: Environmental Protection Regional Administrator, EPA Region III. limited seating on a first-come, first- Agency. [FR Doc. 05–19716 Filed 9–30–05; 8:45 am] served basis. ACTION: Notice of meeting. BILLING CODE 6560–50–P FOR FURTHER INFORMATION CONTACT: Oscar Carrillo, Designated Federal SUMMARY: The United States Officer, [email protected], 202– Environmental Protection Agency is ENVIRONMENTAL PROTECTION 233–0072, U.S. EPA, Office of announcing the 2005 Fall Meeting of the AGENCY Cooperative Environmental Ozone Transport Commission (OTC). [FRL–7978–3] Management (1601E), 1200 This OTC meeting will explore options Pennsylvania Avenue NW., Washington, available for reducing ground-level National and Governmental Advisory DC 20460. ozone precursors in a multi-pollutant Committees to the U.S. Representative SUPPLEMENTARY INFORMATION: Requests context. to the Commission for Environmental to make oral comments or provide DATES: The meeting will be held on Cooperation written comments to the Committees November 2, 2005 starting at 1 p.m. and should be sent to Oscar Carrillo, November 3, 2005 at 9 a.m. AGENCY: Environmental Protection Designated Federal Officer, at the Agency (EPA). ADDRESSES: Hilton Wilmington/ contact information above. Christiana, 100 Continental Drive, ACTION: Notice of meeting. Meeting Access: For information on Newark, Delaware 19713–4319; 302– access or services for individuals with SUMMARY: Under the Federal Advisory 454–1500. disabilities, please contact Oscar Committee Act, Public Law 92463, EPA Carrillo at 202–233–0072 or FOR FURTHER INFORMATION CONTACT: gives notice of a meeting of the National Marcia L. Spink, Associate Director, Air [email protected]. To request Advisory Committee (NAC) and accommodation of a disability, please Protection Division, U.S. Environmental Governmental Advisory Committee Protection Agency, Region III, 1650 contact Oscar Carrillo, preferably at (GAC) to the U.S. Representative to the least 10 days prior to the meeting, to Arch Street, Philadelphia, PA 19103; North American Commission for (215) 814–2100. For documents and give EPA as much time as possible to Environmental Cooperation (CEC). The process your request. press inquiries contact: Ozone Transport National and Governmental Advisory Commission, 444 North Capitol Street Committees advise the EPA Dated: September 20, 2005. NW., Suite 638, Washington, DC 20001; Administrator in his capacity as the U.S. Oscar Carrillo, (202) 508–3840; e-mail: Representative to the CEC Council. The Designated Federal Officer. [email protected]; Web site: http:// Committees are authorized under [FR Doc. 05–19715 Filed 9–30–05; 8:45 am] www.otcair.org. Articles 17 and 18 of the North BILLING CODE 6560–50–P SUPPLEMENTARY INFORMATION: The Clean American Agreement on Environmental Air Act Amendments of 1990 contain at Cooperation (NAAEC), North American Section 184 provisions for the ‘‘Control Free Trade Agreement Implementation FEDERAL RESERVE SYSTEM of Interstate Ozone Air Pollution.’’ Act, Public Law 103–182, and as Section 184(a) establishes an ‘‘Ozone directed by Executive Order 12915, Sunshine Act Meeting Transport Region’’ (OTR) comprised of entitled ‘‘Federal Implementation of the AGENCY HOLDING THE MEETING: the States of Connecticut, Delaware, North American Agreement on Board of Maine, Maryland, Massachusetts, New Environmental Cooperation.’’ The Governors of the Federal Reserve Hampshire, New Jersey, New York, Committees are responsible for System. Pennsylvania, Rhode Island, Vermont, providing advice to the U.S. TIME AND DATE: 10:00 a.m., Thursday, parts of Virginia and the District of Representative on a wide range of October 6, 2005. Columbia. The purpose of the Ozone strategic, scientific, technological, PLACE: Marriner S. Eccles Federal Transport commission is to deal with regulatory, and economic issues related Reserve Board Building, 20th Street ground-level ozone formation, transport, to implementation and further entrance between Constitution Avenue and control within the OTR. The elaboration of the NAAEC. The NAC is and C Streets, N.W., Washington, D.C. purpose of this notice is to announce composed of 12 members representing 20551. that the OTC will meet on November 2– academia, environmental non- STATUS: Open. 3, 2005 at the address noted earlier in governmental organizations, and private We ask that you notify us in advance this notice. This meeting will explore industry. The GAC consists of 12 if you plan to attend the open meeting options available for reducing ground- members representing state, local, and and provide your name, date of birth,

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and social security number (SSN) or FEDERAL TRADE COMMISSION X. Adjournment passport number. You may provide this Louis H. Blair, information by calling (202) 452–2474 SES Performance Review Board or you may register on–line. You may Executive Secretary. AGENCY: Federal Trade Commission. pre–register until close of business [FR Doc. 05–19892 Filed 9–29–05; 3:14 pm] October 5, 2005. You also will be asked ACTION: Notice. BILLING CODE 6820–AD–P to provide identifying information, SUMMARY: Notice is hereby given of the including a photo ID, before being appointment of members to the FTC admitted to the Board meeting. The DEPARTMENT OF HEALTH AND Performance Review Board. Public Affairs Office must approve the HUMAN SERVICES use of cameras; please call (202) 452– FOR FURTHER INFORMATION CONTACT: 2955 for further information. If you need Georgia Koliopoulos, Director of Human Centers for Disease Control and an accommodation for a disability, Resources, 600 Pennsylvania Avenue, Prevention NW., Washington, DC 20580, (202) 326– please contact Penelope Beattie on (202) [60Day–05–0298] 452-3982. For the hearing impaired 2364. only, please use the Telecommunication SUPPLEMENTARY INFORMATION: Proposed Data Collections Submitted Device for the Deaf (TDD) on (202) 263– Publication of the Performance Review for Public Comment and 4869. Board (PRB) membership is required by Recommendations Privacy Act Notice: Providing the 5 U.S.C. 4314(c)(4). The PRB reviews information requested is voluntary; and evaluates the initial appraisal of a In compliance with the requirement however, failure to provide your name, senior executive’s performance by the of Section 3506(c)(2)(A) of the date of birth, and social security number supervisor, and makes Paperwork Reduction Act of 1995 for or passport number may result in denial recommendations regarding opportunity for public comment on of entry to the Federal Reserve Board. performance ratings to the Chairman. proposed data collection projects, the This information is solicited pursuant to The following individuals have been Centers for Disease Control and Sections 10 and 11 of the Federal designated to serve on the Commission’s Prevention (CDC) will publish periodic Reserve Act and will be used to Performance Review Board: summaries of proposed projects. To request more information on the facilitate a search of law enforcement Charles H. Schneider, Executive proposed projects or to obtain a copy of databases to confirm that no threat is Director, Chairman the data collection plans and posed to Board employees or property. Susan Creighton, Director, Bureau of instruments, call 404–371–5983 and It may be disclosed to other persons to Competition send comments to Seleda Perryman, evaluate a potential threat. The Lydia B. Parnes, Director, Bureau of CDC Assistant Reports Clearance information also may be provided to law Consumer Protection Officer, 1600 Clifton Road, MS–D74, enforcement agencies, courts, and Michael A. Salinger, Director, Bureau of Atlanta, GA 30333 or send an email to others, but only to the extent necessary Economics to investigate or prosecute a violation of [email protected]. William Blumenthal, General Counsel Comments are invited on: (a) Whether law. Maryanne S. Kane, Chief of Staff MATTERS TO BE CONSIDERED: the proposed collection of information Discussion Agenda: By direction of the Commission. is necessary for the proper performance 1. Proposed Revisions to Basel 1 Risk– Donald S. Clark, of the functions of the agency, including Based Capital Standards. Secretary. whether the information shall have NOTE: This meeting will be recorded for [FR Doc. 05–19660 Filed 9–30–05; 8:45 am] practical utility; (b) the accuracy of the the benefit of those unable to attend. BILLING CODE 6750–01–P agency’s estimate of the burden of the Cassettes will be available for listening proposed collection of information; (c) in the Board’s Freedom of Information ways to enhance the quality, utility, and Office and copies may be ordered for $6 HARRY S. TRUMAN SCHOLARSHIP clarity of the information to be per cassette by calling (202) 452–3684 or FOUNDATION collected; and (d) ways to minimize the by writing to: Freedom of Information burden of the collection of information Office, Board of Governors of the Sunshine Act Meeting on respondents, including through the Federal Reserve System, Washington, use of automated collection techniques D.C. 20551. Meeting of the Trustees and Officers of or other forms of information FOR FURTHER INFORMATION CONTACT: the Harry S. Truman Scholarship technology. Written comments should Michelle A. Smith, Director, Office of Foundation be received within 60 days of this Board Members; 202–452–2955. October 25, 2005, 3 p.m.–5 p.m., U.S. notice. SUPPLEMENTARY INFORMATION: You may Capitol, Room HC–8 Proposed Project call (202) 452–3206 for a recorded I. Welcome and Opening Comments announcement of this meeting; or you National Home and Hospice Care II. Approval of the Minutes of the may contact the Board’s Web site at Survey (NHHCS)—OMB No. 0920– Meeting of September 24, 2004 http://www.federalreserve.gov for an 0298—Reinstatement with change— III. Report from the President electronic announcement. (The Web site National Center for Health Statistics IV. Report from the Executive Secretary also includes procedural and other (NCHS), Centers for Disease Control and V. Report on 2005 Summer Institute, information about the open meeting.) Prevention. 2005/2006 Truman Fellows Board of Governors of the Federal Reserve Program Background and Brief Description System, September 29, 2005. VI. Approval of Budget for FY 2006 The National Home and Hospice Care Robert deV. Frierson, VII. Appointment of an Executive Survey (NHHCS) is part of the Long- Deputy Secretary of the Board. Secretary term Care Component of the National [FR Doc. 05–19848 Filed 9–29–05; 1:51 pm] VIII. Old Business Health Care Survey. The NHHCS was BILLING CODE 6210–01–S IX. New Business conducted in 1992, 1993, 1994, 1996,

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1998, and 2000. NHHCS data describe a adequacy and availability of the long- the National Association for Health major segment of the long-term care term care workforce. The 2007 NHHCS Care; the National Hospice and system and are used extensively for will include a supplemental survey on Palliative Care Organization; the health care research, health planning home health aides. The upcoming American Health Care Association; and public policy. The NHHCS provides survey has been redesigned and Centers for Medicare and Medicaid data on the characteristics of home expanded to better meet the data needs Services (CMS); Bureau of the Census, health and hospice agencies (e.g., of researchers and health care planners and the American Association of Retired Medicare and Medicaid certification, working to ensure that quality long-term Persons. Other users of these data ownership, membership in chains/ care will be available for the nation’s include universities, foundations, and a nursing home/hospital systems, etc.); growing senior population. The survey variety of users in the print media and patients (e.g., demographics, functional will utilize a computer-assisted personal the private sector. status, services received, diagnoses, interviewing (CAPI) system. This sources of payment, etc.); and staff (e.g. computerized system makes it easier for NCHS plans to conduct the next staffing mix, turnover, benefits, training, respondents to participate in the survey NHHCS in August–December 2007 and education, etc.). The survey provides and accelerates the flow of data, making during the same months in 2008. These detailed information on utilization and it possible to release information on a two national surveys follow a pretest of staffing patterns, and quality of care timelier basis. the forms and procedures in August– variables that are needed to make Users of NHHCS data include: The September 2006. The data collection accurate assessments of the need for and National Immunization Program and procedures and content have been effects of changes in the provision and National Center for Injury Prevention extensively revised from the previous financing of long-term care for the and Control, CDC; the Congressional NHHCS. The 2007 NHHCS will be based elderly and disabled. The availability Research Office; the Bureau of Health on computer-assisted personal interview and use of long-term care services are Professions, Health Resources and (CAPI) methodology. There is no cost to becoming increasingly important issues Services Administration; the Office of respondents other than their time to as the number of elderly increases and the Assistant Secretary for Planning and participate. The burden tables below persons with disabilities live longer. Evaluation (ASPE); the Agency for include the average annual burden for Equally as important is ensuring the Healthcare Research and Quality; and the pretest and the national survey.

ESTIMATE OF ANNUALIZED BURDEN TABLE

Average Number of Number of burden/ Response Respondents pretest respondents responses/re- response burden spondent (in hours) (hours)

Agency Level Data Collection (CAPI) ...... 17 1 30/60 9 Agency Staff Questionnaire ...... 17 1 50/60 14 Current/Discharge Patient Sampling ...... 17 1 20/60 6 Current Home Health Patient Data Collection (CAPI) ...... 8 12 25/60 40 Hospice Discharge Patient Data Collection (CAPI) ...... 8 12 25/60 40 Home Health Aide Sampling ...... 8 1 15/60 2 Home Health Aide Data Collection (CAPI) ...... 8 8 30/60 32

Total Pretest ...... 143

ESTIMATE OF ANNUALIZED BURDEN TABLE

Average Number of Number of burden/ Response Respondents national survey respondents responses/re- response burden spondent (in hours) (hours)

Agency Level Data Collection (CAPI) ...... 500 1 30/60 250 Agency Staff Questionnaire ...... 500 1 50/60 417 Current/Discharge Patient Sampling ...... 500 1 20/60 167 Current Home Health Patient Data Collection (CAPI) ...... 250 12 25/60 1,250 Hospice Discharge Patient Data Collection (CAPI) ...... 250 12 25/60 1,250 Home Health Aide Sampling ...... 263 1 15/60 66 Home Health Aide Data Collection (CAPI) ...... 263 8 30/60 1,052

Total National Survey ...... 4,452

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Dated: September 27, 2005. information and research findings DEPARTMENT OF HEALTH AND Betsey Dunaway, through various professional trainings HUMAN SERVICES Acting Reports Clearance Officer, Centers for and prevention guidelines development. Centers for Disease Control and Disease Control and Prevention. • The Rural Center has established Prevention [FR Doc. 05–19681 Filed 9–30–05; 8:45 am] the National Network of Rural HIV/STD BILLING CODE 4163–18–P Prevention Specialists. This network of [Request for Application (RFA) AA211] over 800 members provides a forum (e.g. e-mail listserv) for rural HIV/STD Support for Programs Designed To DEPARTMENT OF HEALTH AND prevention specialists to discuss Reduce the Impact of HIV in Southern HUMAN SERVICES prevention-related issues for rural Sudan, Under the President’s communities, to exchange information, Emergency Plan for AIDS Relief; Centers for Disease Control and Notice of Availability of Funds— Prevention and to offer support. This network forms the basis for communication with rural Amendment Funding Opportunity Number AA113; HIV prevention programs. Other A notice announcing the availability Rural HIV/AIDS Prevention Project; organizations serving rural communities of Fiscal Year (FY) 2006 funds for a Notice of Intent To Fund Single are state or regionally based. cooperative agreement for Support for Eligibility Award • The Rural Center distributes Programs Designed to Reduce the A. Purpose monthly STD/HIV prevention updates Impact of HIV in Southern Sudan under via e-mail and fax to several hundred the President’s Emergency Plan for The Centers for Disease Control and rural HIV/STD prevention specialists AIDS Relief, was published in the Prevention (CDC) announces the throughout the country. Federal Register, September 7, 2005, availability of fiscal year (FY) 2005 • The Rural Center has a collaborative Volume 70, Number 172, pages 53216– funds for a cooperative agreement to 53224. This notice is amended as assist rural HIV prevention program working relationship with the National Rural Health Association (NRHA) and follows: providers in developing and delivering • conducts national conferences every Page 53216, Application deadline: HIV prevention programs by (1) delete September 29, 2005 and replace identifying effective HIV prevention two years for rural HIV/STD prevention specialists. The goal of the conferences with October 17, 2005 programs and innovative materials and • Page 53221, Application deadline (2) disseminating this information to is to present model rural HIV/STD prevention programs and emphasize date: delete September 29, 2005 and rural HIV prevention providers. The replace with October 17, 2005 Catalog of Federal Domestic Assistance information exchange and lessons number for this program is 93.939. learned. The Rural Center complements Dated: September 26, 2005. the activities of NRHA because NRHA William P. Nichols, B. Eligible Applicant does not provide specific HIV/AIDS- Director, Procurement and Grants Office, Assistance will be provided only to related services. Centers for Disease Control and Prevention, U.S. Department of Health and Human the Rural Center for AIDS/STD C. Funding Prevention/Indiana University (IU). No Services. other applicants are solicited. The Rural Approximately $245,471 is available [FR Doc. 05–19691 Filed 9–30–05; 8:45 am] Center for AIDS/STD Prevention (IU) is in FY 2005 to fund this award February BILLING CODE 4163–18–P the appropriate and only qualified 1, 2006 and will be made for a 12-month agency to provide the services specified budget period within a project period of under this cooperative agreement DEPARTMENT OF HEALTH AND up to five years. Funding estimates may HUMAN SERVICES because: change. • The Rural Center is the only such Centers for Disease Control and organization that solely focuses on HIV/ D. Where To Obtain Additional Prevention STD prevention for all rural Information communities in the country. The Rural Final Effect of Designation of a Class Center has been emphasizing HIV/STD For general comments or questions about this announcement, contact: of Employees for Addition to the prevention in rural communities for Special Exposure Cohort over ten years. The Rural Center has Technical Information Management developed relationships with HIV Section, CDC Procurement and Grants AGENCY: Centers for Disease Control and prevention providers in rural Office, 2920 Brandywine Road, Atlanta, Prevention (CDC), Department of Health communities, earning their trust and GA 30341–4146. Telephone: 770–488– and Human Services (HHS). 2700. willingness to share information about ACTION: Notice. their activities. For technical questions about this • An extensive internet search of program, contact: Bob Kohmescher, SUMMARY: The Department of Health and organizations providing HIV prevention Project Officer, Centers for Disease Human Services (HHS) gives notice services to rural communities Control and Prevention, 1600 Clifton Rd concerning the final effect of the HHS throughout the U.S., as described in this (MS E35), Atlanta, GA 30333. decision to designate a class of program announcement, did not Telephone: 404–639–1914. E-mail: employees at the Iowa Army identify any other comparable [email protected]. Ammunition Plant (IAAP), in Burlington, Iowa as an addition to the organizations. Dated: September 26, 2005. • The Rural Center is widely Special Exposure Cohort (SEC) under recognized as a valuable resource for William P. Nichols, the Energy Employees Occupational rural HIV/STD prevention specialists; Director, Procurement and Grants Office, Illness Compensation Program Act of its Web site receives over 30,000 ‘‘hits’’ Centers for Disease Control and Prevention. 2000. On August 25, 2005, as provided per month. The Rural Center [FR Doc. 05–19692 Filed 9–30–05; 8:45 am] for under 42 U.S.C. 7384q(b), the disseminates HIV/STD prevention BILLING CODE 4163–18–P Secretary of HHS designated the

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following class of employees as an following class of employees as an authority to award at least nine addition to the SEC: addition to the SEC: cooperative agreement demonstration Department of Energy (DOE) employees or Department of Energy (DOE) employees or projects that will identify methods to DOE contractor or subcontractor employees DOE contractor or subcontractor employees reduce disparities in early cancer who worked as radiographers from May 1948 who worked in uranium enrichment screening, diagnosis, and treatment for to March 1949 in support of Line 1 operations or other radiological activities at Black, Hispanic, Asian American and operations at the Iowa Army Ammunition the Y–12 facility in Oak Ridge, Tennessee Pacific Islander, and American Indian Plant and who were employed for a number from March 1943 through December 1947 (including Alaskan Native, Eskimo, and of work days aggregating at least 250 work and who were employed for a number of Aleut) Medicare beneficiary work days aggregating at least 250 work days, days, occurring under this employment in populations. Demonstration sites will combination with work days of employment either solely under this employment or in occurring within the parameters (excluding combination with work days of employment use the best available scientific evidence aggregate work day requirements) established occurring within the parameters (excluding to identify promising models of cancer for other classes of employees included in aggregate work day requirements) established screening, diagnosis and treatment the SEC. for other classes of employees included in interventions to promote health and the SEC. appropriate utilization of Medicare This designation became effective on This designation became effective on covered services, eliminate disparities September 24, 2005, as provided for September 24, 2005, as provided for in cancer detection and treatment under 42 U.S.C. 7384l(14)(C). Hence, under 42 U.S.C. 7384l(14)(C). Hence, among ethnic and racial populations of beginning on September 24, 2005, beginning on September 24, 2005, Medicare beneficiaries, and provide members of this class of employees, members of this class of employees, information to improve the effectiveness defined as reported in this notice, defined as reported in this notice, of the Medicare program. became members of the Special became members of the Special Exposure Cohort. The purpose of this system is to Exposure Cohort. collect and maintain demographic and FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: cancer health-related data on Medicare Larry Elliott, Director, Office of Larry Elliott, Director, Office of target population beneficiaries who Compensation Analysis and Support, Compensation Analysis and Support, voluntarily enroll in the CPTD Project National Institute for Occupational National Institute for Occupational for Ethnic and Racial Minorities. This Safety and Health, 4676 Columbia Safety and Health, 4676 Columbia system will enable CMS to enroll Parkway, MS C–46, Cincinnati, OH Parkway, MS C–46, Cincinnati, OH eligible participants in the 45226, Telephone 513–533–6800 (this is 45226, Telephone 513–533–6800 (this is demonstration project; randomize not a toll-free number). Information not a toll-free number). Information participants into intervention and requests can also be submitted by e-mail requests can also be submitted by e-mail control groups; reimburse to [email protected]. to [email protected]. demonstration site service claims; and Dated: September 26, 2005. Dated: September 26, 2005. develop, maintain and analyze/evaluate John Howard, John Howard, research information showing the Director, National Institute for Occupational Director, National Institute for Occupational potential impact of providing cancer Safety and Health, Centers for Disease Control Safety and Health, Centers for Disease Control screening, diagnosis and treatment and Prevention. and Prevention. facilitation services to underserved [FR Doc. 05–19673 Filed 9–30–05; 8:45 am] [FR Doc. 05–19674 Filed 9–30–05; 8:45 am] Medicare beneficiaries. Information BILLING CODE 4163–19–P BILLING CODE 4163–19–P retrieved from this system may be disclosed to: (1) Support regulatory, reimbursement, and policy functions DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND performed within the agency or by a HUMAN SERVICES HUMAN SERVICES contractor, grantee, consultant or other legal agent; (2) assist another Federal or Centers for Disease Control and Centers for Medicare & Medicaid state agency with information to enable Prevention Services such agency to administer a Federal Final Effect of Designation of a Class health benefits program, or to enable Privacy Act of 1974; Report of a New such agency to fulfill a requirement of of Employees for Addition to the System of Records Special Exposure Cohort Federal statute or regulation that AGENCY: Department of Health and implements a health benefits program AGENCY: Centers for Disease Control and Human Services (HHS), Center for funded in whole or in part with Federal Prevention (CDC), Department of Health Medicare & Medicaid Services (CMS). funds; (3) assist an individual or and Human Services (HHS). ACTION: Notice of a New System of organization engaged in the ACTION: Notice. Records (SOR). performance activities of the demonstration or in a research project or SUMMARY: The Department of Health and SUMMARY: In accordance with the in support of an evaluation project Human Services (HHS) gives notice requirements of the Privacy Act of 1974, related to the prevention of disease or concerning the final effect of the HHS we are proposing to create a new system disability, the restoration or decision to designate a class of titled, ‘‘Cancer Prevention and maintenance of health, or payment employees at the Y–12 facility, in Oak Treatment Demonstration for Ethnic and related projects; (4) support constituent Ridge, Tennessee as an addition to the Racial Minorities (CPTD) System, requests made to a congressional Special Exposure Cohort (SEC) under System No. 09–70–0560.’’ Section 122 representative; (5) support litigation the Energy Employees Occupational of the Medicare, Medicaid, and State involving the agency; and (6) combat Illness Compensation Program Act of Children’s Health Insurance Program fraud and abuse in certain health 2000. On August 25, 2005, as provided (SCHIP) Benefits Improvement and benefits programs. We have provided for under 42 U.S.C. 7384q(b), the Protection Act of 2000 (BIPA) (Public background information about the new Secretary of HHS designated the Law (Pub. L.) 106–554) grants CMS the system in the SUPPLEMENTARY

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INFORMATION section below. Although legislatively-mandated target is to be used for a purpose that is the Privacy Act requires only that CMS populations are required to be the compatible with the purpose(s) for provide an opportunity for interested subject of two separate demonstration which the information was collected. persons to comment on the proposed projects: American Indians (including Any such disclosure of data is known as routine uses, CMS invites comments on Alaskan Natives, Eskimos and Aleuts); a ‘‘routine use.’’ The Government will all portions of this notice. See DATES Asian Americans and Pacific Islanders; only release CPTD information that can section for comment period. Blacks; and Hispanics. If the initial be associated with an individual as DATES: CMS filed a new SOR report demonstration evaluation indicates that provided for under ‘‘Section III. with the Chair of the House Committee these projects (1) reduce Medicare Proposed Routine Use Disclosures of on Government Reform and Oversight, expenditures; or (2) do not increase Data in the System.’’ Both identifiable the Chair of the Senate Committee on Medicare expenditures, reduce ethnic and non-identifiable data may be Governmental Affairs, and the and racial health disparities, and disclosed under a routine use. We will Administrator, Office of Information increase beneficiary and health care only collect the minimum personal data and Regulatory Affairs, Office of provider satisfaction, the existing necessary to achieve the purpose of Management and Budget (OMB) on demonstration projects will continue, CPTD. September 26, 2005. In any event, we and the number of demonstration CMS has the following policies and will not disclose any information under projects may be expanded in the future. procedures concerning disclosures of a routine use until 40 days after information that will be maintained in I. Description of the Proposed System of publication. We may defer the system. Disclosure of information implementation of this system or one or Records from the system will be approved only more of the routine use statements listed A. Statutory and Regulatory Basis for to the extent necessary to accomplish below if we receive comments that SOR the purpose of the disclosure and only persuade us to defer implementation. after CMS: The statutory authority for this system 1. Determines that the use or ADDRESSES: The public should address is given under the provisions of Section disclosure is consistent with the reason comment to the CMS Privacy Officer, 122 of the Medicare, Medicaid, and that the data is being collected; e.g., to Mail-stop N2–04–27, 7500 Security State Children’s Health Insurance collect and maintain demographic and Boulevard, Baltimore, Maryland 21244– Program (SCHIP) Benefits Improvement cancer health-related data on Medicare 1850. Comments received will be and Protection Act of 2000 (BIPA) (Pub. target population beneficiaries who available for review at this location by L. 106–554). appointment during regular business voluntarily enroll in the CPTD Project hours, Monday through Friday from 9 B. Collection and Maintenance of Data for Ethnic and Racial Minorities. a.m.–3 p.m., eastern time. in the System 2. Determines that: a. The purpose for which the FOR FURTHER INFORMATION CONTACT: C. This system will collect and maintain disclosure is to be made can only be Diane Merriman, Project Officer, individually identifiable demographic accomplished if the record is provided Division of Health Promotion and and cancer health-related data collected Disease Prevention Demonstrations, in individually identifiable form; on Medicare target population b. The purpose for which the Office of Research Development and beneficiaries who voluntarily enroll in Information, CMS, Mail Stop S3–07–04, disclosure is to be made is of sufficient the CPTD for Ethnic and Racial importance to warrant the effect and/or 7500 Security Boulevard, Baltimore, Minorities. The system will maintain Maryland 21244–1849, telephone risk on the privacy of the individual that information on two populations: (1) additional exposure of the record might number (410) 786–7237, e-mail Medicare beneficiaries belonging to a [email protected]. bring; and defined ethnic or racial minority group c. There is a strong probability that SUPPLEMENTARY INFORMATION: Section who do not have a current diagnosis of the proposed use of the data would in 122 of the Medicare, Medicaid, and cancer before enrollment in the fact accomplish the stated purpose(s). SCHIP Benefits Improvement and demonstration project; and (2) Medicare 3. Requires the information recipient Protection Act of 2000 (BIPA) (Pub. L. beneficiaries belonging to a defined to: 106–554) requires CMS to design and ethnic or racial minority who have been a. Establish administrative, technical, implement at least nine demonstration diagnosed with cancer before and physical safeguards to prevent projects in specific target populations enrollment in the demonstration project. unauthorized use or disclosure of the for the purpose of developing models The collected information will contain record; and evaluating methods that: (1) name, address, telephone number, b. Remove or destroy, at the earliest Improve the quality of items and Medicare health insurance claim (HIC) time, all patient-identifiable services provided to target individuals number, race/ethnicity, gender type, information; and in order to facilitate reduced disparities and date of birth, as well as background c. Agree to not use or disclose the in early detection and treatment of information relating to Medicare issues. information for any purpose other than cancer; (2) improve clinical outcomes, It will also include cancer screening, the stated purpose under which the satisfaction, quality of life, and diagnosis, treatment, project enrollment information was disclosed. appropriate use of Medicare-covered and evaluation, survey and research 4. Determines that the data are valid services and referral patterns among information needed to administer the and reliable. those target individuals with cancer; (3) demonstration project and develop III. Proposed Routine Use Disclosures eliminate disparities in the rate of research reports on the demonstration of Data in the System preventive cancer screening measures; findings. and (4) promote collaboration with A. The Privacy Act allows us to community-based organizations to II. Agency Policies, Procedures, and disclose information without an ensure cultural competency of health Restrictions on the Routine Use individual’s consent if the information care professionals and linguistic access A. The Privacy Act permits us to is to be used for a purpose that is for persons with limited English disclose information without an compatible with the purpose(s) for proficiency. Each of the following four individual’s consent if the information which the information was collected.

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Any such compatible use of data is project and ensure appropriate use of deemed reasonably necessary by CMS to known as a ‘‘routine use.’’ The proposed Medicare trust funds and program prevent, deter, discover, detect, routine uses in this system meet the funds, as well as to an individual or investigate, examine, prosecute, sue compatibility requirement of the Privacy organization for a research project or in with respect to, defend against, correct, Act. We are proposing to establish the support of an evaluation project related remedy, or otherwise combat fraud or following routine use disclosures of to the prevention of disease or abuse in such program. information maintained in the system: disability, the restoration or We contemplate disclosing 1. To agency contractors, grantees, maintenance of health, the reduction of information under this routine use only consultants or other legal agents who healthcare disparities, or payment in situations in which CMS may enter have been engaged by the agency to related projects. into a contractual, grantee, cooperative assist in the performance of a service The CPTD data will provide for agreement or consultant relationship related to this system of records and research or support of evaluation with a third party to assist in who need to have access to the records projects and a broader, longitudinal, accomplishing CMS functions relating in order to perform the activity. national perspective of the status of to the purpose of combating fraud and We contemplate disclosing Medicare beneficiaries. CMS anticipates abuse. CMS occasionally contracts out information under this routine use only that many researchers will have certain of its functions or makes grants in situations in which CMS may enter legitimate requests to use these data in or cooperative agreements when doing into a contractual, grantee, cooperative projects that could ultimately improve so would contribute to effective and agreement or consultant relationship the care provided to Medicare efficient operations. CMS must be able with a third party to assist in beneficiaries and the policies that to give a contractor, grantee, consultant accomplishing CMS functions relating govern their care. or other legal agent whatever to purposes for this system or records. 4. To a Member of Congress or to a information is necessary for the agent to CMS occasionally contracts out certain congressional staff member in response fulfill its duties. In these situations, of its functions when doing so would to an inquiry of the congressional office safeguards are provided in the contract contribute to effective and efficient made at the written request of the prohibiting the agent from using or operations. CMS must be able to give a constituent about whom the record is disclosing the information for any contractor, grantee, consultant or other maintained. purpose other than that described in the legal agent whatever information is Beneficiaries sometimes request the contract and requiring the agent to necessary for the agent to fulfill its help of a Member of Congress in return or destroy all information. duties. In these situations, safeguards resolving an issue relating to a matter 7. To another Federal agency or to an are provided in the contract prohibiting before CMS. The Member of Congress instrumentality of any governmental the agent from using or disclosing the then writes to CMS, and CMS must be jurisdiction within or under the control information for any purpose other than able to give sufficient information to be of the United States (including any State that described in the contract and responsive to the inquiry. or local governmental agency), that requires the agent to return or destroy 5. To the Department of Justice (DOJ), administers, or that has the authority to all information at the completion of the court or adjudicatory body when: investigate potential fraud or abuse in, contract. a. The agency or any component a health benefits program funded in 2. To another Federal or state agency thereof, or whole or in part by Federal funds, when to: b. Any employee of the agency in his disclosure is deemed reasonably a. Contribute to the accuracy of CMS’s or her official capacity, or necessary by CMS to prevent, deter, proper payment of Medicare benefits; c. Any employee of the agency in his discover, detect, investigate, examine, b. Enable such agency to administer a or her individual capacity where the prosecute, sue with respect to, defend Federal health benefits program, or, as DOJ has agreed to represent the against, correct, remedy, or otherwise necessary, to enable such agency to employee, or combat fraud or abuse in such programs. fulfill a requirement of a Federal statute d. The United States Government, is Other agencies may require CPTD or regulation that implements a health a party to litigation or has an interest in information for the purpose of benefits program funded in whole or in such litigation, and, by careful review, combating fraud and abuse in such part with Federal funds; and/or CMS determines that the records are Federally-funded programs. c. Assist Federal/state Medicaid both relevant and necessary to the programs within the state. litigation and that the use of such B. Additional Provisions Affecting Other Federal or state agencies, in records by the DOJ, court or Routine Use Disclosures their administration of a Federal health adjudicatory body is compatible with This system contains Protected Health program, may require CPTD information the purpose for which the agency Information (PHI) as defined by HHS in order to support evaluations and collected the records. regulation ‘‘Standards for Privacy of monitoring of Medicare claims Whenever CMS is involved in Individually Identifiable Health information of beneficiaries, including litigation, and occasionally when Information’’ (45 CFR Parts 160 and 164, proper reimbursement for services another party is involved in litigation 65 FR 82462 (12–28–00), Subparts A provided. and CMS policies or operations could be and E). Disclosures of PHI authorized by 3. To an individual or organization affected by the outcome of the litigation, these routine uses may only be made if engaged in or assisting in the CMS would be able to disclose and as permitted or required by the enrollment, screening, diagnosis, information to the DOJ, court or ‘‘Standards for Privacy of Individually treatment, evaluation, or research efforts adjudicatory body involved. Identifiable Health Information.’’ relative to beneficiary participation in 6. To a CMS contractor (including, but In addition, our policy will be to the CPTD for Ethnic and Racial not necessarily limited to, fiscal prohibit release even of not directly Minorities (including summary analyses intermediaries and carriers) that assists identifiable information, except demonstrating the impact of the in the administration of a CMS- pursuant to one of the routine uses or demonstration project), and other administered health benefits program, if required by law, if we determine there activities reasonably necessary to fulfill or to a grantee of a CMS-administered is a possibility that an individual can be the provisions of the demonstration grant program, when disclosure is identified through implicit deduction

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based on small cell sizes (instances whose data are maintained in this research reports on the demonstration where the patient population is so small system. CMS will collect only that findings. that individuals who are familiar with information necessary to perform the the enrollees could, because of the small system’s functions. In addition, CMS AUTHORITY FOR MAINTENANCE OF THE SYSTEM: size, use this information to deduce the will make disclosure from the proposed The statutory authority for this system identity of the beneficiary). system only with consent of the subject is given under the provisions of Section 122 of the Medicare, Medicaid, and IV. Safeguards individual, or his/her legal representative, or in accordance with an State Children’s Health Insurance CMS has safeguards in place for applicable exception provision of the Program (SCHIP) Benefits Improvement authorized users and monitors such Privacy Act. CMS, therefore, does not and Protection Act of 2000 (BIPA) (Pub. users to ensure against excessive or anticipate an unfavorable effect on L. 106–554). unauthorized use. Personnel having individual privacy as a result of PURPOSE(S) OF THE SYSTEM: access to the system have been trained information relating to individuals. in the Privacy Act and information The purpose of this system is to security requirements. Employees who Dated: August 30, 2005. collect and maintain demographic and maintain records in this system are John R. Dyer, cancer health-related data on Medicare instructed not to release data until the Chief Operating Officer, Centers for Medicare target population beneficiaries who intended recipient agrees to implement & Medicaid Services. voluntarily enroll in the CPTD Project appropriate management, operational System No. 09–70–0560 for Ethnic and Racial Minorities. This and technical safeguards sufficient to system will enable CMS to enroll protect the confidentiality, integrity and SYSTEM NAME: eligible participants in the availability of the information and ‘‘Cancer Prevention and Treatment demonstration project; randomize information systems and to prevent Demonstration for Ethnic and Racial participants into intervention and unauthorized access. Minorities (CPTD),’’ HHS/CMS/ORDI. control groups; reimburse This system will conform to all demonstration site service claims; and applicable Federal laws and regulations SECURITY CLASSIFICATION: develop, maintain and analyze/evaluate and Federal, HHS, and CMS policies Level Three Privacy Act Sensitive research information showing the and standards as they relate to Data. potential impact of providing cancer information security and data privacy. screening, diagnosis and treatment These laws and regulations include but SYSTEM LOCATION: facilitation services to underserved are not limited to: The Privacy Act of CMS Data Center, 7500 Security Medicare beneficiaries. Information 1974; the Federal Information Security Boulevard, North Building, First Floor, retrieved from this system may be Management Act of 2002; the Computer Baltimore, Maryland 21244–1850 and at disclosed to: (1) Support regulatory, Fraud and Abuse Act of 1986; the various co-locations of CMS agents. reimbursement, and policy functions Health Insurance Portability and performed within the agency or by a Accountability Act of 1996; the E- CATEGORIES OF INDIVIDUALS COVERED BY THE contractor, grantee, consultant or other SYSTEM: Government Act of 2002, the Clinger- legal agent; (2) assist another Federal or Cohen Act of 1996; the Medicare This system will collect and maintain state agency with information to enable Modernization Act of 2003, and the individually identifiable demographic such agency to administer a Federal corresponding implementing and cancer health-related data collected health benefits program, or to enable regulations. OMB Circular A–130, on Medicare target population such agency to fulfill a requirement of Management of Federal Resources, beneficiaries who voluntarily enroll in Federal statute or regulation that Appendix III, Security of Federal the Cancer Prevention and Treatment implements a health benefits program Automated Information Resources also Demonstration (CPTD) for Ethnic and funded in whole or in part with Federal applies. Federal, HHS, and CMS Racial Minorities. The system will funds; (3) assist an individual or policies and standards include but are maintain information on two organization engaged in the not limited to: All pertinent National populations: (1) Medicare beneficiaries performance activities of the Institute of Standards and Technology belonging to a defined ethnic or racial demonstration or in a research project or publications; the HHS Information minority group who do not have a in support of an evaluation project Systems Program Handbook and the current diagnosis of cancer before related to the prevention of disease or CMS Information Security Handbook. enrollment in the demonstration project; disability, the restoration or and (2) Medicare beneficiaries belonging maintenance of health, or payment V. Effects of the Proposed System of to a defined ethnic or racial minority Records on Individual Rights related projects; (4) support constituent who have been diagnosed with cancer requests made to a congressional CMS proposes to establish this system before enrollment in the demonstration representative; (5) support litigation in accordance with the principles and project. involving the agency; and (6) combat requirements of the Privacy Act and will CATEGORIES OF RECORDS IN THE SYSTEM: fraud and abuse in certain health collect, use, and disseminate benefits programs. information only as prescribed therein. The collected information will Data in this system will be subject to the contain name, address, telephone ROUTINE USES OF RECORDS MAINTAINED IN THE authorized releases in accordance with number, health insurance claim (HIC) SYSTEM, INCLUDING CATEGORIES OR USERS AND the routine uses identified in this number, race/ethnicity, gender type, THE PURPOSES OF SUCH USES: system of records. and date of birth, as well as background A. The Privacy Act allows us to CMS will take precautionary information relating to Medicare issues. disclose information without an measures (see item IV above) to It will also include cancer screening, individual’s consent if the information minimize the risks of unauthorized diagnosis, treatment, project enrollment is to be used for a purpose that is access to the records and the potential and evaluation, survey and research compatible with the purpose(s) for harm to individual privacy or other information needed to administer the which the information was collected. personal or property rights of patients demonstration project and develop Any such compatible use of data is

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known as a ‘‘routine use.’’ We are the purpose for which the agency by the document preservation order and proposing to establish the following collected the records. will be retained until notification is routine use disclosures of information 6. To a CMS contractor (including, but received from the Department of Justice. maintained in the system. Information not necessarily limited to, fiscal RETRIEVABILITY: will be disclosed to: intermediaries and carriers) that assists 1. To agency contractors, grantees, in the administration of a CMS- The collected data are retrieved by an consultants or other legal agents who administered health benefits program, individual identifier; e.g., beneficiary have been engaged by the agency to or to a grantee of a CMS-administered name or HIC number. assist in the performance of a service grant program, when disclosure is SAFEGUARDS: related to this system of records and deemed reasonably necessary by CMS to CMS has safeguards in place for who need to have access to the records prevent, deter, discover, detect, authorized users and monitors such in order to perform the activity. investigate, examine, prosecute, sue users to ensure against excessive or 2. To another Federal or state agency with respect to, defend against, correct, unauthorized use. Personnel having to: remedy, or otherwise combat fraud or access to the system have been trained a. Contribute to the accuracy of CMS’s abuse in such program. in the Privacy Act and information 7. To another Federal agency or to an proper payment of Medicare benefits, security requirements. Employees who b. Enable such agency to administer a instrumentality of any governmental maintain records in this system are Federal health benefits program, or as jurisdiction within or under the control instructed not to release data until the necessary to enable such agency to of the United States (including any State intended recipient agrees to implement fulfill a requirement of a Federal statute or local governmental agency), that appropriate management, operational or regulation that implements a health administers, or that has the authority to and technical safeguards sufficient to benefits program funded in whole or in investigate potential fraud or abuse in, protect the confidentiality, integrity and part with Federal funds, and/or a health benefits program funded in availability of the information and c. Assist Federal/state Medicaid whole or in part by Federal funds, when information systems and to prevent programs within the state. disclosure is deemed reasonably unauthorized access. 3. To an individual or organization necessary by CMS to prevent, deter, This system will conform to all engaged in or assisting in the discover, detect, investigate, examine, applicable Federal laws and regulations enrollment, screening, diagnosis, prosecute, sue with respect to, defend and Federal, HHS, and CMS policies treatment, evaluation, or research efforts against, correct, remedy, or otherwise and standards as they relate to relative to beneficiary participation in combat fraud or abuse in such programs. information security and data privacy. the CPTD for Ethnic and Racial B. Additional Provisions Affecting These laws and regulations include but Minorities (including summary analyses Routine Use Disclosures: are not limited to: The Privacy Act of demonstrating the impact of the This system contains Protected Health 1974; the Federal Information Security demonstration project), and other Information as defines by HHS Management Act of 2002; the Computer activities reasonably necessary to fulfill regulation ‘‘Standards for Privacy of Fraud and Abuse Act of 1986; the the provisions of the demonstration Individually Identifiable Health Health Insurance Portability and project and ensure appropriate use of Information’’ (45 CFR Parts 160 and 164, Accountability Act of 1996; the E- Medicare trust funds and program 65 Federal Register 82462 (12–28–00), Government Act of 2002, the Clinger- funds, as well as to an individual or Subparts A and E). Disclosures of Cohen Act of 1996; the Medicare organization for a research project or in Protected Health Information authorized Modernization Act of 2003, and the support of an evaluation project related by these routine uses may only be made corresponding implementing to the prevention of disease or if and as permitted or required by the regulations. OMB Circular A–130, disability, the restoration or ‘‘Standards for Privacy of Individually Management of Federal Resources, maintenance of health, or payment Identifiable Health Information.’’ Appendix III, Security of Federal related projects. In addition, our policy will be to Automated Information Resources also 4. To a Member of Congress or to a prohibit release even of not directly applies. Federal, HHS, and CMS congressional staff member in response identifiable information, except policies and standards include but are to an inquiry of the congressional office pursuant to one of the routine uses or not limited to: All pertinent National made at the written request of the if required by law, if we determine there Institute of Standards and Technology constituent about whom the record is is a possibility that an individual can be publications; the HHS Information maintained. identified through implicit deduction Systems Program Handbook and the 5. To the Department of Justice (DOJ), based on small cell sizes (instances CMS Information Security Handbook. court or adjudicatory body when: where the complaint population is so a. The agency or any component small that individuals who are familiar RETENTION AND DISPOSAL: thereof, or with the complainants could, because of CMS will retain information for a total b. Any employee of the agency in his the small size, use this information to period not to exceed 25 years. Data or her official capacity, or deduce the identity of the complainant). residing with the designated c. Any employee of the agency in his demonstration project site agent shall be POLICIES AND PRACTICES FOR STORING, or her individual capacity where the returned to CMS at the end of the DOJ has agreed to represent the RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: demonstration period, with all data then employee, or being the responsibility of CMS for STORAGE: d. The United States Government is a adequate storage and security. party to litigation or has an interest in All records are stored electronically. such litigation, and, by careful review, Some input may be generated in SYSTEM MANAGER AND ADDRESS: CMS determines that the records are hardcopy, such as eligibility, Director, Office of Research both relevant and necessary to the enrollment, initial cancer status and Development and Information, CMS, litigation and that the use of such followup assessment information before Room C3–20–11, 7500 Security records by the DOJ, court or transcription to electronic media. All Boulevard, Baltimore, Maryland 21244– adjudicatory body is compatible with claims-related records are encompassed 1850.

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NOTIFICATION PROCEDURE: care funds. The duration of the grant is has been issued to Canada’s Original For the purpose of access, the subject 12 months. ICEBERG Water Corp., 23 Lesmill Rd., individual should write to the system Statutory Authority: This award will be suite 304, Toronto, Ontario Canada, manager who will require the system made pursuant to the Child Care and M3B–3P6. name, address, age, gender type, and, for Development Block Grant Act of 1990 as The permit covers limited interstate verification purposes, the subject amended (CCDBG Act); section 418 of the marketing tests of products identified as individual’s name (woman’s maiden Social Security Act; Consolidated ‘‘Canada’s Original Iceberg Water’’ that name, if applicable). Appropriations Act, 2001 (Pub. L. 106–554). deviate from the U.S. standard of FOR FURTHER INFORMATION CONTACT: identity for bottled water (§165.110 (21 RECORD ACCESS PROCEDURE: Shannon Rudisill, Director of Technical CFR 165.110)) in that the source of the For purpose of access, use the same Assistance, Child Care Bureau, at 202– water is an iceberg. The test product procedures outlined in Notification 205–8051. meets all the requirements of the Procedures above. Requestors should Dated: September 27, 2005. standard with the exception of the also reasonably specify the record Joan E. Ohl, source definition. The purpose of this contents being sought. (These permit is to test the product throughout procedures are in accordance with Commissioner, Administration on Children, Youth and Families. the United States, in order to allow the Department regulation 45 CFR applicant to measure consumer [FR Doc. 05–19650 Filed 9–30–05; 8:45 am] 5b.5(a)(2)). acceptance of the product, identify mass BILLING CODE 4184–01–P CONTESTING RECORD PROCEDURES: production problems, and assess The subject individual should contact commercial feasibility. the system manager named above, and DEPARTMENT OF HEALTH AND This permit provides for the reasonably identify the record and HUMAN SERVICES temporary marketing of 500,000 cases of specify the information to be contested. the 24 x 500 milliliter bottles and State the corrective action sought and Food and Drug Administration 500,000 cases of the 12 x 1 liter bottles, totaling 1 million cases per year. The the reasons for the correction with [Docket No. 2005P–0376] supporting justification. (These total fluid quantity covered by this procedures are in accordance with Iceberg Water Deviating From Identity application is 12 million liters Department regulation 45 CFR 5b.7). Standard; Temporary Permit for Market (3,170,065 gallons). The test product Testing will be manufactured for Canada’s SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS Original ICEBERG Water Corp., by OF THE ACT: AGENCY: Food and Drug Administration, Discovery Springs, Daniel’s Point Rd., None. HHS. Trepassey, Newfoundland, Canada [FR Doc. 05–19676 Filed 9–30–05; 8:45 am] ACTION: Notice. A0A–4B0. Canada’s Original ICEBERG Water Corp. will distribute the test BILLING CODE 4120–03–P SUMMARY: The Food and Drug products throughout the United States. Administration (FDA) is announcing The information panel of the labels will that a temporary permit has been issued DEPARTMENT OF HEALTH AND bear nutrition labeling in accordance to Canada’s Original ICEBERG Water HUMAN SERVICES with 21 CFR 101.9. The bottled water Corp., to market a product designated as will be manufactured in accordance Administration for Children and ‘‘Canada’s Original Iceberg Water’’ that with the quality standards in §165.110 Families deviates from the U.S. standard of and the requirements for processing and identity for bottled water. The purpose bottling of bottled drinking water in 21 Administration on Children, Youth, and of the temporary permit is to allow the CFR part 129. This permit is effective Families; Notice of Award of Non- applicant to measure consumer for 15 months, beginning on the date the Competitive Grant acceptance of the product, identify mass food is introduced or caused to be production problems, and assess introduced into interstate commerce, AGENCY: Administration on Children, commercial feasibility. but not later than January 3, 2006. Youth and Families, ACF, HHS. DATES: This permit is effective for 15 Dated: September 22, 2005. ACTION: Award announcement. months, beginning on the date the Barbara Schneeman, SUMMARY: The Administration on permit holder introduces or causes the introduction of the test product into Director, Office of Nutritional Products, Children, Youth and Families herein Labeling, and Dietary Supplements, Center announces an urgent grant award to the interstate commerce, but not later than for Food Safety and Applied Nutrition. January 3, 2006. National Association of Child Care [FR Doc. 05–19728 Filed 9–30–05; 8:45 am] FOR FURTHER INFORMATION CONTACT: Resource and Referral Agencies BILLING CODE 4160–01–S (NACCRRA) to provide technical Loretta A. Carey, Center for Food Safety assistance to reestablish the operations and Applied Nutrition (HFS–820), Food of the resource and referral agencies in and Drug Administration, 5100 Paint DEPARTMENT OF HEALTH AND Mississippi and Louisiana whose Branch Pkwy., College Park, MD 20740, HUMAN SERVICES operations have been disrupted by 301–436–2371. Hurricane Katrina. This grant will help SUPPLEMENTARY INFORMATION: In Food and Drug Administration to re-establish child care referral accordance with 21 CFR 130.17 [Docket No. 2005N–0394] services so that families along the Gulf concerning temporary permits to Coast can find child care. This grant facilitate market testing of foods Food and Drug Administration’s will also support local and Statewide deviating from the requirements of the Communication of Drug Safety inventories of child care need and standards of identity issued under Information; Public Hearing availability. section 401 of the Federal Food, Drug, The amount of the proposed grant to and Cosmetic Act (21 U.S.C. 341), FDA AGENCY: Food and Drug Administration, NACCRRA is $99,500 in FY 2005 child is giving notice that a temporary permit HHS.

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ACTION: Notice of public hearing; request professionals (who must weigh both the • Public Health Advisories (for for comments. risks and the benefits of drugs in example, see: http://www.fda.gov/cder/ deciding whether to prescribe a news/pubpress.htm) SUMMARY: The Center for Drug particular drug for a particular patient to • Press Releases (for example, see: Evaluation and Research (CDER) of the achieve an optimal therapeutic http://www.fda.gov/opacom/ Food and Drug Administration (FDA) is outcome); patients and caregivers (who hpnews.html) announcing a public hearing on the must understand both the benefits and • MedWatch Listserv Safety Updates Center’s current risk communication risks of drugs so they can have informed (http://www.fda.gov/medwatch/ strategies for human drugs. The public discussions with their health care index.html) hearing announced in this notice is part professionals about their medicines and • Patient Safety News (http:// of the agency’s ongoing effort to make informed decisions about their www.fda.gov/psn) improve CDER’s risk communication. use); manufacturers, and others. • CDER Educational Campaigns (for The purpose of the public hearing is to Therefore, it is critical that risk example see: http://www.fda.gov/cder/ obtain public input on CDER’s current communication be timely, accurate, and drug/analgesics/default.htm) • risk communication tools, identify easily accessible. Information must also CDER Internet site (http:// stakeholders for collaboration and be communicated in a way that www.fda.gov/cder) implementation of additional tools, and recognizes health literacy limitations, Specifically, FDA is inviting public obtain greater understanding of the including the needs of a multicultural comment from external stakeholders on strengths and weaknesses of CDER’s population. the following issues: existing risk communication. 1. What are the strengths and In May 1999, FDA published DATES: The public hearing will be held weaknesses of the communication tools ‘‘Managing the Risks From Medical listed previously in this section of the on December 7 and 8, 2005, from 8 a.m. Product Use,’’ which laid a framework to 4:30 p.m. Submit written or document? for the agency’s efforts to reduce the 2. What information is available about electronic notices of participation and risks involved with medical product comments for consideration at the awareness, use, and perceptions of the use. In February 2005, the Department effectiveness of these communication hearing by November 7, 2005. Written of Health and Human Services Secretary or electronic comments will be accepted tools by health care professionals and by Mike Leavitt and former FDA the public in general? after the hearing until January 9, 2006. Commissioner Lester Crawford The administrative record of the hearing 3. Do these tools provide the right announced plans to establish new kind and amount of risk and other will remain open until January 9, 2006. communication channels and expand ADDRESSES: The public hearing will be information that health care existing channels to provide targeted professionals need to make informed held at the National Transportation and drug safety information to the public. Safety Board Boardroom and Conference decisions about whether to prescribe Although outside the scope of this Center, 429 L’Enfant Plaza, SW., drug products, and that the public needs hearing, FDA-approved human drug Washington, DC 20594 (Metro: L’Enfant to make informed decisions about labeling is the primary tool the agency Plaza Station on the Green, Yellow, whether to use those products? uses to communicate risk and benefit to Blue, and Orange Lines). Submit written 4. How easily accessible and the public. However, CDER also or electronic notices of participation understandable are FDA’s Internet- provides drug safety information to the and comments to the Division of based sources of drug information? public through a variety of other risk 5. To what extent do CDER’s patient- Dockets Management (HFA–305), Food communication tools. For example, FDA focused communication tools provide and Drug Administration, 5630 Fishers has recently initiated communication useful information for people with low Lane, rm. 1061, Rockville, MD 20852; tools called Patient and Healthcare health literacy skills? http://www.fda.gov/dockets/ecomments. Professional Information Sheets. In 6. What mechanisms should CDER Transcripts of the hearing will be addition, FDA releases Talk Papers, consider to convey risk information to available for review at the Division of Public Health Advisories, Press special populations (e.g., elderly, non- Dockets Management and on the Releases, MedWatch Safety Updates and English speaking)? Internet at http://www.fda.gov/ohrms/ a monthly video news program for The following topics are outside the dockets/default.htm approximately 30 health professionals called the Patient scope of this hearing: Consumer days after the hearing. Safety News. FDA also conducts medication information (and the draft FOR FURTHER INFORMATION CONTACT: Lee educational campaigns and conveys guidance entitled ‘‘Useful Written Lemley, Office of Executive Programs drug safety information through the Consumer Medication Information (HFD–006), Center for Drug Evaluation CDER Internet site (http://www.fda.gov/ [CMI]’’); industry promotional materials, and Research, Food and Drug cder). including Direct to Consumer Administration, 5515 Security Lane, rm. Advertising; drug labeling (including 5107, Rockville, MD 20852, 301–443– II. Scope of the Hearing Medication Guides and patient package 5575. FDA is interested in obtaining public inserts); and the draft guidance entitled SUPPLEMENTARY INFORMATION: comment on the following risk ‘‘FDA’s ‘Drug Watch’ for Emerging Drug Safety Information.’’ Comments have I. Background communication tools: • Patient Information Sheets (for been solicited on these issues at other FDA approves human drugs and times in separate proceedings. therapeutic biologics when the agency example, see: http://www.fda.gov/cder/ determines that the benefits of using a drug/infosheets/patient/adderallpt.htm) III. Notice of Hearing Under 21 CFR product outweigh the risks for the • Healthcare Professional Information Part 15 intended population and use. Once a Sheets (for example, see: http:// The Acting Commissioner of Food drug product is marketed, however, www.fda.gov/cder/drug/infosheets/hcp/ and Drugs (the Acting Commissioner) is ensuring its safety becomes a fluoxetinehcp.htm) announcing that the public hearing will complicated responsibility shared by • Talk Papers (for example see: http:// be held in accordance with part 15 (21 many parties. These include health care www.fda.gov/opacom/hpnews.html) CFR part 15). The presiding officer will

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be the Acting Commissioner or his transcribed as stipulated in § 15.30(b). intended to help blood establishments designee. The presiding officer will be The transcript will be available on the ensure donor safety and the safety, accompanied by a panel of FDA Internet at http://www.fda.gov/ohrms/ purity, and potency of Platelets employees with relevant expertise. dockets/default.htm, and orders for collected by an automated blood cell Persons who wish to participate in the copies of the transcript can be placed at separator device. For the purpose of this part 15 hearing must file a written or the meeting or through the Division of document, Platelets collected by electronic notice of participation with Dockets Management (see ADDRESSES). automated methods will be referred to the Division of Dockets Management Any handicapped persons requiring by the product name ‘‘Platelets, (see ADDRESSES and DATES). To ensure special accommodations to attend the Pheresis.’’ The draft guidance contains timely handling, any outer envelope hearing should direct those needs to the recommendations for appropriate should be clearly marked with the contact person (see FOR FURTHER criteria for a biologics license docket number listed in brackets in the INFORMATION CONTACT). application or supplement for heading of this notice along with the To the extent that the conditions for manufacturing Platelets, Pheresis. When statement ‘‘FDA’s Communication of the hearing, as described in this notice, finalized, this draft guidance will Drug Safety Information; Public conflict with any provisions set out in replace the October 1988 ‘‘Revised Hearing.’’ Groups should submit two part 15, this notice acts as a waiver of Guideline for the Collection of Platelets, written copies. The notice of these provisions as specified in Pheresis.’’ § 15.30(h). participation should contain the DATES: Submit written or electronic potential presenter’s name; address; IV. Request for Comments comments on the draft guidance by telephone number; affiliation, if any; the January 3, 2006, to ensure their sponsor of the presentation (e.g., the Interested persons may submit to the Division of Dockets Management (see adequate consideration in preparation of organization paying travel expenses or the final guidance. General comments fees), if any; a brief summary of the ADDRESSES) written or electronic notices of participation and comments for on agency guidance documents are presentation; and the approximate welcome at any time. amount of time requested for the consideration at the hearing (see DATES). ADDRESSES: presentation. The agency requests that Submit a single copy of written or Submit written requests for interested persons and groups having electronic notices of participation and single copies of the draft guidance to the similar interests consolidate their comments, or two paper copies of any Office of Communication, Training, and comments and present them through a mailed notices of participation and Manufacturers Assistance (HFM–40), single representative. After reviewing comments, except that individuals may Center for Biologics Evaluation and the notices of participation and submit one copy. Comments are to be Research (CBER), Food and Drug accompanying information, FDA will identified with the docket number Administration, 1401 Rockville Pike, schedule each appearance and notify found in brackets in the heading of this suite 200N, Rockville, MD 20852–1448. each participant of the time allotted to document. Received comments may be Send one self-addressed adhesive label the presenter and the approximate time seen in the Division of Dockets to assist the office in processing your that presenter’s oral testimony is Management between 9 a.m. and 4 p.m., requests. The draft guidance may also be scheduled to begin. If time permits, FDA Monday through Friday. obtained by mail by calling CBER at 1– 800–835–4709 or 301–827–1800. See may allow interested persons attending Dated: September 26, 2005. the hearing who did not submit a the SUPPLEMENTARY INFORMATION section Jeffrey Shuren, for electronic access to the draft written or electronic notice of Assistant Commissioner for Policy. participation in advance to make an oral guidance document. [FR Doc. 05–19759 Filed 9–30–05; 8:45 am] presentation at the conclusion of the Submit written comments on the draft hearing. The hearing schedule will be BILLING CODE 4160–01–S guidance to the Division of Dockets available at the hearing. After the Management (HFA–305), Food and Drug hearing, the schedule will be placed on Administration, 5630 Fishers Lane, rm. DEPARTMENT OF HEALTH AND 1061, Rockville, MD 20852. Submit file in the Division of Dockets HUMAN SERVICES Management (see ADDRESSES) under the electronic comments to http:// www.fda.gov/dockets/ecomments. docket number listed in brackets in the Food and Drug Administration heading of this notice. FOR FURTHER INFORMATION CONTACT: Under § 15.30(f), the hearing is [Docket No. 2005D–0330] Brenda R. Friend, Center for Biologics informal, and the rules of evidence do Evaluation and Research (HFM–17), Draft Guidance for Industry and FDA not apply. No participant may interrupt Food and Drug Administration, 1401 Review Staff on Collection of Platelets the presentation of another participant. Rockville Pike, suite 200N, Rockville, Only the presiding officer and panel by Automated Methods; Availability MD 20852–1448, 301–827–6210. members may question any person AGENCY: Food and Drug Administration, SUPPLEMENTARY INFORMATION: during or at the conclusion of each HHS. I. Background presentation. ACTION: Notice. Public hearings under part 15 are FDA is announcing the availability of subject to FDA’s policy and procedures SUMMARY: The Food and Drug a draft document entitled ‘‘Guidance for for electronic media coverage of FDA’s Administration (FDA) is announcing the Industry and FDA Review Staff: public administrative proceedings (21 availability of a draft document entitled Collection of Platelets by Automated CFR part 10, subpart C). Under § 10.205 ‘‘Guidance for Industry and FDA Methods’’ dated September 2005. The (21 CFR 10.205), representatives of the Review Staff: Collection of Platelets by draft guidance provides blood electronic media may be permitted, Automated Methods’’ dated September establishments and FDA staff revised subject to certain limitations, to 2005. The draft guidance provides blood recommendations for the collection of videotape, film, or otherwise record establishments and FDA staff revised Platelets by automated methods FDA’s public administrative recommendations for the collection of (plateletpheresis). FDA has received proceedings, including presentations by Platelets by automated methods new information since the issuance of participants. The hearing will be (plateletpheresis). The draft guidance is the October 1998 ‘‘Revised Guideline for

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the Collection of Platelets, Pheresis.’’ In that individuals may submit one paper October 28, 2005. General comments on addition, in recent years, many copy. Comments are to be identified agency guidance documents are improvements have been made in with the docket number found in the welcome at any time. automated blood cell separator brackets in the heading of this ADDRESSES: Submit written comments technology and blood cell counting document. A copy of the draft guidance on the draft guidance to the Division of methods. Automated blood cell and received comments are available for Dockets Management (HFA–305), Food separator devices are now capable of public examination in the Division of and Drug Administration, 5630 Fishers various plateletpheresis collection Dockets Management between 9 a.m. Lane, rm. 1061, Rockville, MD 20852. procedures including, but not limited and 4 p.m., Monday through Friday. Submit electronic comments to http:// to, collection of double and triple IV. Electronic Access www.fda.gov/dockets/ecomments. platelet components obtained during a Submit written requests for single single procedure; use of in-process Persons with access to the Internet copies of the draft guidance to the leukocyte reduction; collection of may obtain the draft guidance at either Division of Drug Information (HFD– concurrent plasma components; and http://www.fda.gov/cber/guidelines.htm 240), Center for Drug Evaluation and collection of concurrent Red Blood Cell or http://www.fda.gov/ohrms/dockets/ Research, Food and Drug components. When finalized, the draft default.htm. Administration, 5600 Fishers Lane, guidance will replace the October 1988 Dated: September 12, 2005. Rockville, MD 20857; or the Office of guideline. Jeffrey Shuren, Communication, Training and The draft guidance is being issued Manufacturers Assistance (HFM–40), consistent with FDA’s good guidance Assistant Commissioner for Policy. [FR Doc. 05–19727 Filed 9–30–05; 8:45 am] Center for Biologics Evaluation and practices regulation (21 CFR 10.115). Research, Food and Drug BILLING CODE 4160–01–S The draft guidance, when finalized, will Administration, 1401 Rockville Pike, represent FDA’s current thinking on this Rockville, MD 20852–1448. The draft topic. It does not create or confer any guidance may also be obtained by mail rights for or on any person and does not DEPARTMENT OF HEALTH AND HUMAN SERVICES by calling the Center for Biologics operate to bind FDA or the public. An Evaluation and Research (CBER) Voice alternative approach may be used if Food and Drug Administration Information System at 1–800–835–4709 such approach satisfies the requirement or 301–827–1800. Send two self- of the applicable statutes and [Docket No. 2005D–0390] addressed adhesive labels to assist the regulations. International Conference on office in processing your requests. See II. Paperwork Reduction Act of 1995 Harmonisation; Draft Guidance on the SUPPLEMENTARY INFORMATION section This guidance contains information E2B(R) Clinical Safety Data for electronic access to the draft collection provisions that are subject to Management: Data Elements for guidance document. review by the Office of Management and Transmission of Individual Case Safety FOR FURTHER INFORMATION CONTACT: Budget (OMB) under the Paperwork Reports; Availability Regarding the guidance: Roger Reduction Act of 1995 (44 U.S.C. 3501– Goetsch, Center for Drug Evaluation AGENCY: 3520). The collections of information in Food and Drug Administration, and Research (HFD–410), Food and this guidance are under FDA’s HHS. Drug Administration, 12300 regulations at parts 211, 601, 606, 610, ACTION: Notice. Twinbrook Pkwy., Rockville, MD and 640 (21 CFR parts 211, 601, 606, 20851, 301–770–9299, or Lise SUMMARY: The Food and Drug 610, and 640). Part 211, subpart J Stevens-Hawkins, Center for Administration (FDA) is announcing the Biologics Evaluation and Research (Records and Reports) was approved availability of a draft guidance entitled under OMB control number 0910–0139; (HFM–220), Food and Drug ‘‘E2B(R) Clinical Safety Data Administration, 1401 Rockville part 606, subpart I (Records and Management: Data Elements for Reports) was approved under OMB Pike, Rockville, MD 20852, 301– Transmission of Individual Case Safety 827–6085. control numbers 0910–0116 and 0910– Reports.’’ The draft guidance was 0458. Sections 606.100(b) and (c), Regarding the ICH: Michelle Limoli, prepared under the auspices of the Office of International Programs 606.110(a), 606.121, 606.122, 640.25, International Conference on and 640.27 were approved under OMB (HFG–1), Food and Drug Harmonisation of Technical Administration, 5600 Fishers Lane, control number 0910–0116; §§ 211.22, Requirements for Registration of 211.80, 211.100(b), and 211.160 were Rockville, MD 20857, 301–827– Pharmaceuticals for Human Use (ICH). 4480. approved under OMB control number The draft guidance, which revises SUPPLEMENTARY INFORMATION: 0910–0139; § 610.2 was approved under previous guidance on the same topic, OMB control number 0910–0206; and provides standardized data elements for I. Background §§ 601.12 and 610.60 were approved the transmission of individual case under OMB Control No. 0910–0338. In recent years, many important safety reports for preapproval and initiatives have been undertaken by III. Comments postapproval reporting periods. The regulatory authorities and industry The draft guidance is being revisions in this draft guidance include associations to promote international distributed for comment purposes only additional information and harmonization of regulatory and is not intended for implementation clarifications for the electronic requirements. FDA has participated in at this time. Interested persons may transmission of individual case safety many meetings designed to enhance submit to the Division of Dockets reports. The draft guidance is intended harmonization and is committed to Management (see ADDRESSES) written or to be used with other ICH seeking scientifically based harmonized electronic comments regarding the draft recommendations for electronic technical procedures for pharmaceutical guidance. Submit a single copy of transmissions. development. One of the goals of electronic comments or two paper DATES: Submit written or electronic harmonization is to identify and then copies of any mailed comments, except comments on the draft guidance by reduce differences in technical

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requirements for drug development based on experience gained after Dated: September 26, 2005. among regulatory agencies. implementation of the guidance in the Jeffrey Shuren, ICH was organized to provide an three ICH regions and expands the use Assistant Commissioner for Policy. opportunity for tripartite harmonization of the standard data elements to support [FR Doc. 05–19655 Filed 9–30–05; 8:45 am] initiatives to be developed with input vaccine reporting. For electronic BILLING CODE 4160–01–S from both regulatory and industry transmissions, the draft guidance is representatives. FDA also seeks input intended to be used with the ICH M2 from consumer representatives and individual case safety report (ICSR) DEPARTMENT OF HOMELAND others. ICH is concerned with message specification. The draft SECURITY harmonization of technical guidance recommends that electronic requirements for the registration of Office of the Secretary pharmaceutical products among three transmission of individual case safety reports be implemented using the regions: The European Union, Japan, Waiver of Compliance With Navigation Medical Dictionary for Regulatory and the United States. The six ICH and Inspection Laws; Gulf Coast sponsors are the European Commission; Activities (MedDRA) and ICH M5 data States the European Federation of elements and standards where Pharmaceutical Industries Associations; applicable. AGENCY: Office of the Secretary, DHS. the Japanese Ministry of Health, Labour, FDA has identified in public Docket ACTION: Notice. and Welfare; the Japanese No. 1992S–0251 (formerly Docket No. Pharmaceutical Manufacturers The combined effect of Hurricanes 92S–0251) postmarketing individual Rita and Katrina is one of the largest Association; the Centers for Drug case safety reports as submission types Evaluation and Research and Biologics natural disasters to ever strike the that the agency can accept in electronic United States. The hurricanes have Evaluation and Research, FDA; and the format. FDA believes the ICH Pharmaceutical Research and significantly disrupted production of oil recommendations for the electronic Manufacturers of America. The ICH and gas in the Gulf of Mexico, have transmission of these reports will result Secretariat, which coordinates the caused many Gulf Coast oil refineries to preparation of documentation, is in more effective and efficient safety go out of service because of flooding, provided by the International reporting to regulatory authorities lack of electric power or other reasons, Federation of Pharmaceutical worldwide. and have significantly disrupted the Manufacturers Associations (IFPMA). This draft guidance is being issued pipeline transportation of oil and The ICH Steering Committee includes consistent with FDA’s good guidance refined products from the Gulf Coast representatives from each of the ICH practices regulation (21 CFR 10.115). States. These production losses, outages, sponsors and the IFPMA, as well as The draft guidance, when finalized, will and disruptions have caused increases in the price of oil, gasoline and other observers from the World Health represent the agency’s current thinking refined products. The Department of Organization, Health Canada, and the on this topic. It does not create or confer Homeland Security has received reports European Free Trade Area. any rights for or on any person and does The ICH guidance entitled ‘‘E2B Data of threatened or actual shortages of not operate to bind FDA or the public. Elements for Transmission of Individual gasoline, jet fuel, and/or other refined Case Safety Reports’’ was signed off by An alternative approach may be used if products as a result of the hurricanes. ICH in July 1997 and issued by FDA in such approach satisfies the Companies that produce and/or ship January 1998 (63 FR 2396, January 15, requirements of the applicable statutes petroleum and/or refined petroleum 1998). ICH subsequently issued a and regulations. products have submitted to the revised guidance entitled ‘‘E2B(M) II. Comments Department requests for waivers of the Clinical Safety Data Management: Data Merchant Marine Act of 1920 (the Elements for Transmission of Individual Interested persons may submit to the ‘‘Jones Act’’). See, 46 U.S.C. App. Case Safety Reports’’ (E2B(M)), to Division of Dockets Management (see section 1; 46 U.S.C. App. section 883. provide additional information and ADDRESSES) written or electronic This and related laws are generally clarification. ICH signed off on E2B(M) comments on the draft guidance. Submit referred to as the ‘‘coastwise laws.’’ in November 2001, and FDA issued the a single copy of electronic comments or These laws provide, among other things, revised guidance in April 2002. two paper copies of any mailed that only vessels built and owned by In May 2005, the ICH Steering comments, except that individuals may citizens of the United States and flagged Committee agreed that the E2B(M) draft submit one paper copy. Comments are in the United States can carry guidance should be made available for to be identified with the docket number merchandise between U.S. ports. public comment. The draft guidance is The Secretary of Homeland Security found in brackets in the heading of this the product of the E2B(R) Expert is vested with the authority and document. The draft guidance and Working Group of the ICH. Comments discretion to waive the coastwise laws received comments may be seen in the about the draft guidance will be ‘‘to such extent and in such manner and considered by FDA and the E2B(R) Division of Dockets Management upon such terms as he may prescribe, Expert Working Group. between 9 a.m. and 4 p.m., Monday either upon his own initiative or upon FDA is announcing the availability of through Friday. the written recommendation of the head the draft guidance entitled ‘‘E2B(R) III. Electronic Access of any other Government agency, Clinical Safety Data Management: Data whenever he deems that such action is Elements for Transmission of Individual Persons with access to the Internet necessary in the interest of national Case Safety Reports,’’ which revises the may obtain the document at http:// defense.’’ In consultation with and upon previous E2B guidances to include www.fda.gov/ohrms/dockets/ the recommendation of the Secretary of additional information and clarification default.htm, http://www.fda.gov/cder/ Energy, I have determined that such a for the electronic transmission of guidance/index.htm, or http:// waiver, in accordance with the terms set individual case safety reports. The draft www.fda.gov/cber/publications.htm. forth below, is in the interest of the guidance incorporates adjustments national defense.

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The catastrophic destruction brought DEPARTMENT OF HOMELAND through Friday, except Federal holidays. about by Hurricanes Rita and Katrina SECURITY The telephone number is 202–366– has dramatically impeded, and in some 9329. places in the affected region stopped Coast Guard The Docket Management Facility altogether, production and [USCG–2005–22499] maintains the public docket for this transportation or transmission of oil, notice. Comments and material received refined petroleum products, natural gas, Integrated Anti-Swimmer System; Draft from the public, as well as the draft and electricity. Much of the lost oil Programmatic Environmental Programmatic Environmental Assessment (PEA), will become part of production is from producing areas in Assessment this docket and will be available for the Gulf of Mexico which have been AGENCY: Coast Guard, DHS. inspection or copying at room PL–401 leased pursuant to programs of the ACTION: Notice of availability and on the Plaza level of the Nassif Building, Department of the Interior. This lost request for comments. 400 Seventh Street SW., Washington, production, refining, and transportation DC, between 9 a.m. and 5 p.m., Monday capacity has resulted in the actual or SUMMARY: The Coast Guard announces through Friday, except Federal holidays. threatened unavailability of gasoline, jet the availability of the Draft You may also find this docket, fuel and other refined products, and Programmatic Environmental including the PEA, on the Internet at threatens the Nation’s economic and Assessment (PEA) of the Integrated http://dms.dot.gov. national security. I believe that waiver Anti-Swimmer System (IAS). The Coast FOR FURTHER INFORMATION CONTACT: If of the coastwise laws would facilitate Guard is proposing to deploy and you have questions on this notice, the the transportation of oil and refined operate the IAS for temporary periods at proposed project, or the associated PEA, petroleum products in and from various U.S. ports throughout the U.S. call Mr. Kenneth McDaniel at (202) 267– portions of the United States affected by Maritime Domain, when necessary. The 1505 or by e-mail at the hurricanes, and to other regions purpose of the Proposed Action is to [email protected]. If you have affected by the disruptions that have increase the Coast Guard’s ability to questions on viewing or submitting occurred in the Gulf Coast area. detect, track, classify, and interdict, if material to the docket, call Andrea M. necessary, potential underwater threats Jenkins, Program Manager, Docket Therefore, I am exercising my and as a result, protect personnel, ships, Operations, telephone 202–366–0271. discretion and authority to waive the and property from sabotage and/or other SUPPLEMENTARY INFORMATION: coastwise laws generally for the subversive acts. Potential threats transportation of petroleum and refined targeted by the IAS include combat Request for Comments petroleum products for the period until divers and unmanned vehicles. The IAS We encourage you to submit 12:01 a.m., October 24, 2005. On will be co-located with, and used by, the comments and related material on the September 1, 2005, I exercised my Coast Guard’s newly established draft Programmatic Environmental discretion and authority to waive the Maritime Safety and Security Teams Assessment (PEA). If you do so, please coastwise laws generally for the (MSSTs). The IAS is proposed to be include your name and address, identify transportation of petroleum released used at a range necessary to maintain the docket number for this notice from the Strategic Petroleum Reserve, situational awareness and allow the (USCG–2005–22499) and give the whether pursuant to an exchange, sale MSSTs sufficient time to react and reasons for each comment. You may or otherwise, undertaken in response to counter a detected threat. Extensive submit your comments and material by the circumstances arising from research and analysis of alternatives has mail, hand delivery, fax, or electronic Hurricane Katrina. I am today exercising led to the conclusion that an active means to the Docket Management my discretion and authority to extend sonar system is the only currently Facility at the address under ADDRESSES; that waiver of the coastwise laws available technology that affords this but please submit your comments and generally for the transportation of capability. material by only one means. If you petroleum released from the Strategic DATES: Comments and related material submit them by mail or hand delivery, submit them in an unbound format, no Petroleum Reserve, whether pursuant to must reach the Docket Management larger than 81⁄2 by 11 inches, suitable for an exchange, sale, or otherwise, Facility on or before November 17, 2005. copying and electronic filing. If you undertaken in response to the submit them by mail and would like to circumstances arising from Hurricane ADDRESSES: To make sure that your know they reached the Facility, please Rita. I find, for the reasons set forth comments and related material are not enclose a stamped, self-addressed above, that such waivers are necessary entered more than once in the docket, postcard or envelope. We will consider in the interest of national defense. please submit them by only one of the all comments and material received Executed this 26th day of September, 2005. following means: during the comment period. (1) Electronically through the Web Michael Chertoff, Site for the Docket Management System Proposed Action Secretary. at http://dms.dot.gov. Domestic port safety and security has [FR Doc. 05–19820 Filed 9–29–05; 1:23 pm] (2) By mail to the Docket Management long been a core Coast Guard mission. BILLING CODE 4410–10–P Facility, (USCG–2005–22499), U.S. However, in the wake of the terrorist Department of Transportation, room PL– attacks committed on September 11, 401, 400 Seventh Street SW., 2001, emerging threats to the U.S. Washington, DC 20590–0001. homeland have prompted an increased (3) By fax to the Docket Management Coast Guard focus on protecting Facility at 202–493–2251. domestic ports and the U.S. Maritime (4) By delivery to room PL–401 on the Transportation System from terrorist Plaza level of the Nassif Building, 400 threats. Seventh Street SW., Washington, DC, As part of the U.S. response to these between 9 a.m. and 5 p.m., Monday threats, the Coast Guard has undertaken

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a PEA to examine alternatives and Dated: September 23, 2005. panel presented its conclusions at the assess the significance of the impacts on Kevin G. Quigley, April 2005 NBSAC meeting. Minutes of the quality of the human environment Captain, U.S. Coast Guard, Chief, Office of the panel’s February 2005 meeting may for the decision to deploy and operate Defense Operations. be obtained from the person listed above IASs at various U.S. ports throughout [FR Doc. 05–19662 Filed 9–30–05; 8:45 am] under FOR FURTHER INFORMATION. the U.S. Maritime Domain, when BILLING CODE 4910–15–U A professional facilitator will necessary. moderate the second meeting. The panel will further consider, analyze, and Draft Programmatic Environmental DEPARTMENT OF HOMELAND propose recreational boating safety Assessment SECURITY objectives and strategies that can be supported by the government, industry, We have prepared a draft Coast Guard Programmatic Environmental and the boating public. A representative Assessment (PEA). The draft PEA [USCG–2005–22569] of the panel will present its conclusions identifies and examines the reasonable at the November 2005 NBSAC meeting. alternatives and assesses their potential Meeting of the Office of Boating We will also prepare minutes of the environmental impact. Safety’s Recreational Boating Safety second meeting. You may obtain them Strategic Planning Panel from the person listed above under FOR Our preferred alternative is to use the FURTHER INFORMATION. IAS to protect personnel, ships, and AGENCY: Coast Guard, DHS. property from sabotage or other ACTION: Notice of meeting. Procedural subversive acts. The IAS consists of five SUMMARY: The Coast Guard’s Office of The meeting is open to the public. primary components: A land-based Boating Safety is sponsoring a panel of Please note that the meeting may close sonar, a portable (vessel mounted) representatives of the recreational early if all business is finished. sonar, a data processor, a vehicle boating community to discuss strategic guidance system, and an underwater Information on Services for Individuals planning goals, objectives and strategies loud hailer. Use of the IAS would be With Disabilities that the Coast Guard may use to limited to existing harbor infrastructure improve recreational boating safety. For information on facilities or and adjacent waters. The IAS is not This meeting is open to the public. services for individuals with disabilities designed or intended for use offshore. DATES: The meeting will occur on or to request special assistance at the The system would be used for specific Monday and Tuesday, October 17 and meeting, contact the person listed under and finite periods of time to protect 18, 2005, from 8:30 a.m. to 5 p.m. FOR FURTHER INFORMATION as soon as specific assets. During these times, the ADDRESSES: This meeting will occur at possible. sonar would be operated and monitored the Holiday Inn National Airport, 2650 Dated: September 26, 2005. continuously. The loud hailer would be Jefferson Davis Highway, Arlington, VA. James M. Hass, used only if an actual threat was This notice is available on the Internet identified. Captain, U.S. Coast Guard, Acting Director at http://dms.dot.gov and at http:// of Operations Policy. Recently, the Coast Guard completed uscgboating.org. [FR Doc. 05–19663 Filed 9–30–05; 8:45 am] environmental assessments (EAs) that FOR FURTHER INFORMATION CONTACT: BILLING CODE 4910–15–U address the impact of IAS deployment Dionca Williams, Administrative and operation in Galveston Bay, TX and Assistant, Office of Boating Safety, U.S. San Pedro Bay, CA. The result of these Coast Guard telephone 202–267–1077, DEPARTMENT OF HOMELAND EAs was a finding of no significant fax 202–267–4285. If you have questions SECURITY impact. The Coast Guard also engaged on viewing material in the docket, call in informal consultation with the Renee V. Wright, Program Manager, Bureau of Customs and Border National Marine Fisheries Service Docket Operations, Department of Protection pursuant to the section 7 of the Transportation, telephone 202–493– Notice of Cancellation of Customs Endangered Species Act, which resulted 0402. in a determination that deployment and Broker License SUPPLEMENTARY INFORMATION: operation of the IAS in Galveston Bay, At the AGENCY: Bureau of Customs and Border TX and San Pedro Bay, CA is not likely 2004 Fall meeting of the National Boating Safety Advisory Council Protection, U.S. Department of to adversely affect threatened or (NBSAC), the Office of Boating Safety Homeland Security. endangered species or critical habitat, proposed to assemble a Goal-Setting nor is it likely to result in the take of ACTION: General Notice. Recommendation Panel. NBSAC marine mammals in those bays. endorsed this proposal. To facilitate Similarly, there was no evidence to SUMMARY: Pursuant to section 641 of the this, the Coast Guard invited suggest that IAS deployment and Tariff Act of 1930, as amended, (19 representatives of the recreational operation would adversely affect U.S.C. 1641) and the Customs boating community to participate on essential fish habitat or have an impact Regulations (19 CFR 111.51), the this panel. on coastal uses and resources. following Customs broker licenses are The Coast Guard held the meeting on cancelled without prejudice. We are requesting your comments on February 8 and 9, 2005 at the Crystal environmental concerns you may have City Sheraton Hotel, 1800 Jefferson Name License No. Issuing related to the PEA. This includes Davis Highway, in Arlington, VA. The port suggesting analyses and methodologies panel considered, analyzed, and for use in the PEA or possible sources proposed recreational boating safety Action Inter- 12875 Tampa. of data or information not included in performance goals that can be supported national, Inc.. Aries International 12704 New the PEA. Your comments will be by the government, industry, and the Import Services. York. considered in preparing the final PEA. boating public. A representative of the

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Dated: September 26, 2005. DEPARTMENT OF HOMELAND ACTION: General Notice. Jayson P. Ahern, SECURITY Assistant Commissioner, Office of Field SUMMARY: Pursuant to section 641 of the Operations. Bureau of Customs and Border Tariff Act of 1930, as amended, (19 Protection [FR Doc. 05–19768 Filed 9–30–05; 8:45 am] U.S.C. 1641) and the Customs BILLING CODE 9110–06–P Notice of Cancellation of Customs Regulations (19 CFR 111.51), the Broker Permit following Customs broker permits are cancelled without prejudice. AGENCY: Bureau of Customs and Border Protection, U.S. Department of Homeland Security.

Name Permit No. Issuing port

Aries International Import Services ...... 05–026 Washington, DC. Action International, Inc...... 18–0139 Tampa. Michael A. Marks dba Straight Forward ...... 11120–P San Francisco. Panalpina, Inc ...... 18–03–554 ...... Tampa. Lois B. Sproul ...... 17–03–AWG ...... Atlanta.

Dated: September 26, 2005. DEPARTMENT OF HOMELAND ACTION: General Notice. Jayson P. Ahern, SECURITY Assistant Commissioner, Office of Field SUMMARY: Pursuant to section 641 of the Operations. Bureau of Customs and Border Tariff Act of 1930, as amended, (19 Protection [FR Doc. 05–19767 Filed 9–30–05; 8:45 am] U.S.C. 1641) and the Customs BILLING CODE 9110–06–P 1 Notice of Cancellation of Customs Regulations (19 CFR 111.51), the Broker License following Customs broker license is canceled with prejudice. AGENCY: Bureau of Customs and Border Protection, U.S. Department of Homeland Security.

Name License No. Issuing port

Pioneer International Customhouse Brokerage, Inc ...... 09327 San Francisco. Eric A. Guillermety-Perez ...... 14529 San Juan.

Dated: September 26, 2005. soliciting public comments on the Reduction Act of 1995 (44 U.S.C. Jayson P. Ahern, subject proposal. Chapter 35, as amended). Assistant Commissioner, Office of Field DATES: Comments Due Date: December This Notice is soliciting comments Operations. 2, 2005. from members of the public and affected [FR Doc. 05–19769 Filed 9–30–05; 8:45 am] ADDRESSES: Interested persons are agencies concerning the proposed BILLING CODE 9410–06–P invited to submit comments regarding collection of information to: (1) Evaluate this proposal. Comments should refer to whether the proposed collection is the proposal by name and/or OMB necessary for the proper performance of the functions of the agency, including DEPARTMENT OF HOUSING AND Control Number and should be sent to: whether the information will have URBAN DEVELOPMENT Wayne Eddins, Reports Management Officer, Department of Housing and practical utility; (2) Evaluate the Urban Development, 451 7th Street, accuracy of the agency’s estimate of the [Docket No. FR–4975–N–32] SW., L’Enfant Plaza Building, Room burden of the proposed collection of Notice of Proposed Information 8001, Washington, DC 20410 or information; (3) Enhance the quality, _ Collection: Comment Request; Wayne [email protected]. utility, and clarity of the information to be collected; and (4) Minimize the Housing Finance Agency Risk-Sharing FOR FURTHER INFORMATION CONTACT: burden of the collection of information Program Joseph E. Malloy, Director, Office of on those who are to respond; including Multifamily Development, Department AGENCY: Office of the Assistant the use of appropriate automated of Housing and Urban Development, Secretary for Housing-Federal Housing collection techniques or other forms of 451 7th Street SW., Washington, DC Commissioner, HUD. information technology, e.g., permitting 20410, telephone (202) 708–1142 (this is electronic submission of responses. ACTION: Notice. not a toll free number) for copies of the proposed forms and other available This Notice also lists the following SUMMARY: The proposed information information: collection requirement described below information. will be submitted to the Office of SUPPLEMENTARY INFORMATION: The Title of Proposal: Housing Finance Management and Budget (OMB) for Department is submitting the proposed Agency Risk-Sharing Program. review, as required by the Paperwork information collection to OMB for OMB Control Number, if applicable: Reduction Act. The Department is review, as required by the Paperwork 2502–0500.

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Description of the need for the DEPARTMENT OF HOUSING AND SUPPLEMENTARY INFORMATION: This information and proposed use: Section URBAN DEVELOPMENT notice informs the public that the 542 of the Housing and Development [Docket No. FR–4971–N–50] Department of Housing and Urban Act of 1992 directs HUD to implement Development has submitted to OMB a risk sharing with State and local Notice of Submission of Proposed request for approval of the information housing finance agencies (HFAs). Under Information Collection to OMB; collection described below. This notice this program, HUD provides full Application for Healthy Homes and is soliciting comments from members of mortgage insurance on multifamily Lead Hazard Control Program Grants the public and affecting agencies housing projects whose loans are concerning the proposed collection of underwritten, processed, and serviced AGENCY: Office of the Chief Information Officer, HUD. information to: (1) Evaluate whether the by HFAs. The HFAs will reimburse proposed collection of information is ACTION: Notice. HUD a certain percentage of any loss necessary for the proper performance of under an insured loan depending upon SUMMARY: The proposed information the functions of the agency, including the level of risk the HFA contracts to collection requirement described below whether the information will have assume. The Department requires information has been submitted to the Office of practical utility; (2) Evaluate the collection of loan origination, loan Management and Budget (OMB) for accuracy of the agency’s estimate of the closing, loan management, and servicing review, as required by the Paperwork burden of the proposed collection of in accordance with 24 CFR 266 and Reduction Act. The Department is information; (3) Enhance the quality, soliciting public comments on the HUD Handbook 4590.01. This utility, and clarity of the information to subject proposal. information must be available to the be collected; and (4) Minimize the This information collection is burden of the collection of information Department to assess HFA compliance required in conjunction with the on those who are to respond; including with program regulations and issuance of Notices of Funding through the use of appropriate guidelines. Availability announcing grants for Agency form numbers, if applicable: Healthy Homes and Lead Hazard automated collection techniques or None. Control Programs. other forms of information technology, Estimation of the total numbers of e.g., permitting electronic submission of DATES: Comments Due Date: November hours needed to prepare the information responses. collection including number of 2, 2005. This notice also lists the following respondents, frequency of response, and ADDRESSES: Interested persons are hours of response: The number of invited to submit comments regarding information: respondents is 808, the frequency of this proposal. Comments should refer to Title of Proposal: Application for responses is annually, semi-annually, the proposal by name and/or OMB Healthy Homes and Lead Hazard and on occasion, for a total of 3,554 total approval Number (2539–0015) and Control Program Grants. should be sent to: HUD Desk Officer, annual responses. The estimated time to OMB Approval Number: 2539–0015. prepare collection varies from 30 Office of Management and Budget, New minutes to 35 hours, for total annual Executive Office Building, Washington, Form Numbers: HUD–96008, HUD– burden hours of 11,804. DC 20503; fax: 202–395–6974. 96009, 96012, 96013, 96014, 96015, Status of the proposed information FOR FURTHER INFORMATION CONTACT: 96016, SF–424, HUD–424B, HUD– collection: This is a reinstatement, with Wayne Eddins, Reports Management 424CBW, HUD–27061, HUD–2880, change, of a previously approved Officer, AYO, Department of Housing HUD–2990, HUD–2991, HUD–2993, collection for which approval was and Urban Development, 451 Seventh HUD–2994, HUD–96010, SF LLL, SF– discontinued. Street, SW., Washington, DC 20410; 1199A, HUS–27054. _ e-mail Wayne [email protected]; or Description of the Need for the Authority: The Paperwork Reduction Act Lillian Deitzer at of 1995, 44 U.S.C., Chapter 35, as amended. Information and its Proposed Use: This [email protected] or information collection is required in Dated: September 27, 2005. telephone (202) 708–2374. This is not a conjunction with the issuance of Frank L. Davis, toll-free number. Copies of available Notices of Funding Availability General Deputy Assistant Secretary for documents submitted to OMB may be Housing-Deputy Federal Housing obtained from Mr. Eddins or Ms. Deitzer announcing grants for Healthy Homes Commissioner. or from HUD’s Web site at http:// and Lead Hazard Control Programs. [FR Doc. 05–19756 Filed 9–30–05; 8:45 am] hlannwp031.hud.gov/po/i/icbts/ Frequency of Submission: On BILLING CODE 4210–27–P collectionsearch.cfm. occasion.

Hours Hours Number of re- Annual per × per spondents responses Bur- re- = den sponse

Reporting burden ...... 250 1.32 64.48 21,280

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Total Estimated Burden Hours: feasibility, mortgagor/contractor is soliciting comments from members of 21,280. acceptability, and construction cost. the public and affecting agencies Status: Revision of a currently Documentation from operators/manager concerning the proposed collection of approval collection. of health care facilities is also information to: (1) Evaluate whether the Authority: Section 3507 of the Paperwork Required as part of the application for proposed collection of information is Reduction Act of 1995, 44 U.S.C. 35, as firm commitment or mortgage necessary for the proper performance of amended. insurance. Project owners/sponsors may the functions of the agency, including Dated: September 28, 2005. apply for permission to commence whether the information will have construction prior to initial Donna L. Eden, practical utility; (2) Evaluate the endorsement. Director, Office of Policy and E-Government, accuracy of the agency’s estimate of the Office of the Chief Information Officer. DATES: Comments Due Date: November burden of the proposed collection of [FR Doc. 05–19757 Filed 9–30–05; 8:45 am] 2, 2005. information; (3) Enhance the quality, utility, and clarity of the information to BILLING CODE 4210–72–P ADDRESSES: Interested persons are invited to submit comments regarding be collected; and (4) Minimize the this proposal. Comments should refer to burden of the collection of information DEPARTMENT OF HOUSING AND the proposal by name and/or OMB on those who are to respond; including URBAN DEVELOPMENT approval Number (2502–0029) and through the use of appropriate should be sent to: HUD Desk Officer, automated collection techniques or [Docket No. FR–4971–N–49] Office of Management and Budget, New other forms of information technology, Notice of Submission of Proposed Executive Office Building, Washington, e.g., permitting electronic submission of Information Collection to OMB; DC 20503; fax: 202–395–6974. responses. Multifamily Project Applications and FOR FURTHER INFORMATION CONTACT: This notice also lists the following Construction Prior to Initial Wayne Eddins, Reports Management information: Endorsement Officer, AYO, Department of Housing Title of Proposal: Multifamily Project and Urban Development, 451 Seventh AGENCY: Office of the Chief Information Applications and Construction Prior to Street, SW., Washington, DC 20410; e- Initial Endorsement. Officer, HUD mail [email protected]; or ACTION: Notice. Lillian Deitzer at OMB Approval Number: 2502–0029. [email protected] or Form Numbers: HUD–92013, HUD– SUMMARY: The proposed information collection requirement described below telephone (202) 708–2374. This is not a 92013–NHICF, HUD–92013–SUPP, has been submitted to the Office of toll-free number. Copies of available HUD–92013–E, HUD–92264, HUD– Management and Budget (OMB) for documents submitted to OMB may be 92264–A, HUD–92264–HCF, HUD– review, as required by the Paperwork obtained from Mr. Eddins or Ms. Deitzer 92264–T, HUD–92273, HUD–92274, Reduction Act. The Department is or from HUD’s Web site at http:// HUD–92326, HUD–92329, HUD–92331, soliciting public comments on the hlannwp031.hud.gov/po/i/icbts/ HUD–92415, and HUD–92447, HUD– subject proposal. collectionsearch.cfm. 92485, and FM–1006. Information provided is the SUPPLEMENTARY INFORMATION: This Description of the need for the application for HUD/FHA multifamily notice informs the public that the Information and Its Proposed Use: mortgage insurance. The information Department of Housing and Urban from sponsors and general contractors, Development has submitted to OMB a Frequency of Submission: On and submitted by a HUD-approved request for approval of the information occasion, Annually, Other Required mortgage, is needed to determine project collection described below. This notice with each project application.

Number of Annual re- × Hours per respondents sponses response = Burden hours

Reporting Burden...... 1,284 0.657 .... 0.446 .... 437,105

Total Estimated Burden Hours: DEPARTMENT OF HOUSING AND ACTION: Notice of Funding Availability 437,105. URBAN DEVELOPMENT (NOFA); notice of extension of Status: Revision of a currently application deadline. approval collection. [Docket No. FR–4950–N–14B] SUMMARY: On August 22, 2005, HUD published its NOFA for the Housing Authority: Section 3507 of the Paperwork Notice of HUD’s Fiscal Year (FY) 2005 Reduction Act of 1995, 44 U.S.C. 35, as Opportunity for Persons With AIDS Notice of Funding Availability Policy amended. Program, second competition for Fiscal Requirements and General Section to Year 2005. Because of the effects of Dated: September 27, 2005. SuperNOFA for HUD’s Discretionary Hurricane Katrina, HUD is extending Donna L. Eden, Grant Programs; Housing the application deadline for this NOFA. Director, Office of Policy and E-Government Opportunities for Persons With AIDS DATES: The application submission date Office of the Chief Information Officer. (HOPWA); Second Competition— for the second HOPWA NOFA [FR Doc. E5–5348 Filed 9–30–05; 8:45 am] Extension of Application Deadline competition is October 13, 2005. BILLING CODE 4210–27–P FOR FURTHER INFORMATION CONTACT: AGENCY: Office of the Assistant David Vos, Director, Office of HIV/AIDS Secretary for Community Planning and Housing, Office of Community Planning Development, HUD. and Development, Department of Housing and Urban Development, 451

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Seventh Street, SW., Room 7212, DATES: Effective October 3, 2005. on gray portland cement and cement Washington, DC 20410–7000; telephone FOR FURTHER INFORMATION CONTACT: clinker from Japan and Mexico. 202–708–1934 (this is not a toll-free George T. Skibine, Director, Office of number). Persons with speech or Indian Gaming Management, Office of SUMMARY: The Commission hereby gives hearing impairments may access this the Deputy Assistant Secretary—Policy notice that it has instituted reviews number through TTY by calling the toll- and Economic Development, pursuant to section 751(c) of the Tariff free Federal Information Relay Service Washington, DC 20240, (202) 219–4066. Act of 1930 (19 U.S.C. 1675(c)) (the Act) at 800–877–8339. SUPPLEMENTARY INFORMATION: Under to determine whether revocation of the SUPPLEMENTARY INFORMATION: On March Section 11(d)(7)(D) of the Indian antidumping duty orders on gray 21, 2005, HUD published its FY2005 Gaming Regulatory Act of 1988 (IGRA), portland cement and cement clinker SuperNOFA for HUD’s Competitive Public Law 100–497, 25 U.S.C. 2710, the from Japan and Mexico would be likely Grant Programs. The Housing Secretary of the Interior must publish in to lead to continuation or recurrence of Opportunities for Persons with AIDS the Federal Register notice of any material injury. Pursuant to section (HOPWA) Program NOFA competition, Tribal-State compact that is approved, 751(c)(2) of the Act, interested parties which was included in the SuperNOFA, or considered to have been approved for are requested to respond to this notice closed on June 9, 2005. After reviewing the purpose of engaging in Class III by submitting the information specified and rating HOPWA applications gaming activities on Indian lands. The below to the Commission; 1 to be submitted in response to the Acting Principal Deputy Assistant assured of consideration, the deadline SuperNOFA, HUD anticipated that Secretary-Indian Affairs, Department of for responses is November 22, 2005. assistance would remain available for the Interior, through his delegated Comments on the adequacy of responses additional awards. As a result, on authority did not approve or disapprove may be filed with the Commission by August 22, 2005 (70 FR 48970), HUD these compacts before the date that is 45 December 16, 2005. For further published in the Federal Register a days after the date these compacts were information concerning the conduct of NOFA for a second round of HOPWA submitted. These compacts authorize these reviews and rules of general funding. The application deadline for these Indian tribes to engage in certain application, consult the Commission’s the second competition was October 6, Class III gaming activities, provides for Rules of Practice and Procedure, part 2005. Because of the widespread effects certain geographical exclusivity, limits 201, subparts A through E (19 CFR part of Hurricane Katrina, HUD is extending the number of gaming machines at 201), and part 207, subparts A, D, E, and the application deadline for the F (19 CFR part 207). HOPWA second round competition to existing racetracks, and prohibits non- tribal operation of certain machines and October 13, 2005. DATES: Effective October 3, 2005. covered games. Therefore, pursuant to Dated: September 27, 2005. 25 U.S.C. 2710(d)(7)(C), these compacts FOR FURTHER INFORMATION CONTACT: Pamela H. Patenaude, are considered to have been approved, Mary Messer (202–205–3193), Office of Assistant Secretary, for Community Planning but only to the extent they are Investigations, U.S. International Trade and Development. consistent with IGRA. Commission, 500 E Street SW., [FR Doc. 05–19755 Filed 9–28–05; 3:27 pm] Dated: September 20, 2005. Washington, DC 20436. Hearing- BILLING CODE 4210–29–P impaired persons can obtain Michael D. Olsen, information on this matter by contacting Acting Principal Deputy Assistant Secretary— the Commission’s TDD terminal on 202– Indian Affairs. DEPARTMENT OF THE INTERIOR 205–1810. Persons with mobility [FR Doc. 05–19733 Filed 9–30–05; 8:45 am] impairments who will need special Bureau of Indian Affairs BILLING CODE 4310–4N–P assistance in gaining access to the Commission should contact the Office Indian Gaming of the Secretary at 202–205–2000. AGENCY: Bureau of Indian Affairs, INTERNATIONAL TRADE General information concerning the Interior. COMMISSION Commission may also be obtained by ACTION: Notice of Class III Gaming accessing its Internet server (http:// Compacts taking effect. [Investigation Nos. 731–TA–451 and 461 www.usitc.gov). The public record for (Second Review)] these reviews may be viewed on the SUMMARY: Notice is given that the Commission’s electronic docket (EDIS) Tribal-State compact between the Gray Portland Cement and Cement at http://edis.usitc.gov. Thlopthlocco Tribal Town and the State Clinker From Japan and Mexico of Oklahoma, and the Tribal-State SUPPLEMENTARY INFORMATION: compact between the Ponca Tribe of AGENCY: United States International Background. On the dates listed Oklahoma and the State of Oklahoma Trade Commission. below, the Department of Commerce are considered to have been approved ACTION: Institution of five-year reviews issued antidumping duty orders on the and are in effect. concerning the antidumping duty orders subject imports:

Order date Product/country Inv. No. FR cite

8/30/90 ...... Gray portland cement & clinker/Mexico ...... 731–TA–451 ..... 55 FR 35443. 5/10/91 ...... Gray portland cement & clinker/Japan ...... 731–TA–461 ..... 56 FR 21658.

1 No response to this request for information is expiration date June 30, 2008. Public reporting the Office of Investigations, U.S. International Trade required if a currently valid Office of Management burden for the request is estimated to average 10 Commission, 500 E Street, SW., Washington, DC and Budget (OMB) number is not displayed; the hours per response. Please send comments 20436. OMB number is 3117–0016/USITC No. 06–5–140, regarding the accuracy of this burden estimate to

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Following five-year reviews by found that either the Southern Tier the names and addresses of all persons, Commerce and the Commission, Region (the States of Florida, Alabama, or their representatives, who are parties effective November 15, 2000, Commerce Mississippi, Louisiana, Texas, New to the reviews. issued a continuation of the Mexico, Arizona, and California) or the Former Commission employees who antidumping duty orders on imports of alternative Southern Tier Region are seeking to appear in Commission gray portland cement and cement (excluding northern California and the five-year reviews are reminded that they clinker from Japan and Mexico (65 FR inland counties of the Gulf States) was are required, pursuant to 19 CFR 201.15, 68979). The Commission is now appropriate and that no compelling case to seek Commission approval if the conducting second reviews to determine was made for one rather than the other. matter in which they are seeking to whether revocation of the order would For purposes of the original appear was pending in any manner or be likely to lead to continuation or determination, they used the Southern form during their Commission recurrence of material injury to the Tier Region because it was the more employment. The Commission is domestic industry within a reasonably difficult region within which to reach seeking guidance as to whether a second foreseeable time. It will assess the an affirmative finding. One transition five-year review is the ‘‘same adequacy of interested party responses Commissioner found that the alternative particular matter’’ as the underlying to this notice of institution to determine Southern Tier Region was appropriate. original investigation for purposes of 19 whether to conduct full reviews or In its five-year review determination CFR 201.15 and 18 U.S.C. 207, the post expedited reviews. The Commission’s concerning Mexico, the Commission employment statute for Federal determinations in any expedited found the regional industry to consist of employees. Former employees may seek reviews will be based on the facts producers in the Southern Tier Region. informal advice from Commission ethics available, which may include In its original determination concerning officials with respect to this and the information provided in response to this Japan, the Commission found the related issue of whether the employee’s notice. regional industry to consist of producers participation was ‘‘personal and Definitions. The following definitions in Southern California; certain substantial.’’ However, any informal apply to these reviews: Commissioners found the regional consultation will not relieve former (1) Subject Merchandise is the class or industry to consist of producers in the employees of the obligation to seek kind of merchandise that is within the State of California. In its five-year approval to appear from the scope of the five-year reviews, as review determination concerning Japan, Commission under its rule 201.15. For defined by the Department of the Commission found the regional ethics advice, contact Carol McCue Commerce. industry to consist of producers in the Verratti, Deputy Agency Ethics Official, (2) The Subject Countries in these State of California. For purposes of this reviews Japan and Mexico. at 202–205–3088. notice, you should report information Limited disclosure of business (3) The Domestic Like Product is the separately on each of the following proprietary information (BPI) under an domestically produced product or Domestic Industries: (1) Producers of administrative protective order (APO) products which are like, or in the gray portland cement and cement and APO service list. Pursuant to absence of like, most similar in clinker, including ‘‘grinding only’’ section 207.7(a) of the Commission’s characteristics and uses with, the operations, located in the Southern Tier rules, the Secretary will make BPI Subject Merchandise. In its original and Region; (2) producers of gray portland submitted in these reviews available to full five-year determinations, the cement and cement clinker, including authorized applicants under the APO Commission defined a single Domestic ‘‘grinding only’’ operations, located in issued in the reviews, provided that the Like Product consisting of gray portland Southern California; (3) producers of application is made no later than 21 cement and cement clinker. gray portland cement and cement (4) The Domestic Industry is the U.S. clinker, including ‘‘grinding only’’ days after publication of this notice in producers as a whole of the Domestic operations, located in the State of the Federal Register. Authorized Like Product, or those producers whose California; and (4) producers of gray applicants must represent interested collective output of the Domestic Like portland cement and cement clinker, parties, as defined in 19 U.S.C. 1677(9), Product constitutes a major proportion including ‘‘grinding only’’ operations, who are parties to the reviews. A of the total domestic production of the located in the United States as a whole. separate service list will be maintained product. In its original determinations, (5) An Importer is any person or firm by the Secretary for those parties the Commission defined the Domestic engaged, either directly or through a authorized to receive BPI under the Industry as producers of gray portland parent company or subsidiary, in APO. cement and cement clinker, including importing the Subject Merchandise into Certification. Pursuant to section ‘‘grinding only’’ operations. In both the United States from a foreign 207.3 of the Commission’s rules, any original determinations, the manufacturer or through its selling person submitting information to the Commission concluded that agent. Commission in connection with these ‘‘appropriate circumstances’’ existed for Participation in the reviews and reviews must certify that the a regional analysis of the industry; public service list. Persons, including information is accurate and complete to however, the Commission found industrial users of the Subject the best of the submitter’s knowledge. In different regions to be appropriate based Merchandise and, if the merchandise is making the certification, the submitter on the facts of each investigation. In its sold at the retail level, representative will be deemed to consent, unless full five-year review determinations, the consumer organizations, wishing to otherwise specified, for the Commission took into account the participate in the reviews as parties Commission, its employees, and Commission’s prior regional industry must file an entry of appearance with contract personnel to use the definitions in its analysis and found the Secretary to the Commission, as information provided in any other separate regional industries, which provided in section 201.11(b)(4) of the reviews or investigations of the same or corresponded, or were similar, to those Commission’s rules, no later than 21 comparable products which the defined in the original investigations. days after publication of this notice in Commission conducts under Title VII of In its original determination the Federal Register. The Secretary will the Act, or in internal audits and concerning Mexico, two Commissioners maintain a public service list containing investigations relating to the programs

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and operations of the Commission group, or trade/business association; association, provide the information, on pursuant to 5 U.S.C. Appendix 3. import/export Subject Merchandise an aggregate basis, for the firms in Written submissions. Pursuant to from more than one Subject Country; or which your workers are employed/ section 207.61 of the Commission’s produce Subject Merchandise in more which are members of your association. rules, each interested party response to than one Subject Country, you may file (a) Production (quantity) and, if this notice must provide the information a single response. If you do so, please known, an estimate of the percentage of specified below. The deadline for filing ensure that your response to each total U.S. production of the Domestic such responses is November 22, 2005. question includes the information Like Product accounted for by your Pursuant to section 207.62(b) of the requested for each pertinent Subject firm’s(s’) production; Commission’s rules, eligible parties (as Country. As used below, the term (b) The quantity and value of U.S. specified in Commission rule ‘‘firm’’ includes any related firms. commercial shipments of the Domestic 207.62(b)(1)) may also file comments (1) The name and address of your firm Like Product produced in your U.S. concerning the adequacy of responses to or entity (including World Wide Web plant(s); and the notice of institution and whether the address if available) and name, (c) The quantity and value of U.S. Commission should conduct expedited telephone number, fax number, and E- internal consumption/company or full reviews. The deadline for filing mail address of the certifying official. transfers of the Domestic Like Product such comments is December 16, 2005. (2) A statement indicating whether produced in your U.S. plant(s). All written submissions must conform your firm/entity is a U.S. producer of (8) If you are a U.S. importer or a with the provisions of sections 201.8 the Domestic Like Product, a U.S. union trade/business association of U.S. and 207.3 of the Commission’s rules and or worker group, a U.S. importer of the importers of the Subject Merchandise any submissions that contain BPI must Subject Merchandise, a foreign producer from the Subject Country(ies), provide also conform with the requirements of or exporter of the Subject Merchandise, the following information on your a U.S. or foreign trade or business sections 201.6 and 207.7 of the firm’s(s’) operations on that product association, or another interested party Commission’s rules. The Commission’s during calendar year 2004 (report (including an explanation). If you are a rules do not authorize filing of quantity data in short tons and value union/worker group or trade/business submissions with the Secretary by data in U.S. dollars). If you are a trade/ association, identify the firms in which facsimile or electronic means, except to business association, provide the your workers are employed or which are the extent permitted by section 201.8 of information, on an aggregate basis, for members of your association. the Commission’s rules, as amended, 67 the firms which are members of your FR 68036 (November 8, 2002). Also, in (3) A statement indicating whether association. accordance with sections 201.16(c) and your firm/entity is willing to participate (a) The quantity and value (landed, 207.3 of the Commission’s rules, each in these reviews by providing duty-paid but not including document filed by a party to the reviews information requested by the antidumping) of U.S. imports and, if must be served on all other parties to Commission. known, an estimate of the percentage of the reviews (as identified by either the (4) A statement of the likely effects of total U.S. imports of Subject public or APO service list as the revocation of the antidumping duty Merchandise from the Subject appropriate), and a certificate of service order on the Domestic Industries in must accompany the document (if you general and/or your firm/entity Country(ies) accounted for by your are not a party to the reviews you do not specifically. In your response, please firm’s(s’) imports; need to serve your response). discuss the various factors specified in (b) The quantity and value (f.o.b. U.S. Inability to provide requested section 752(a) of the Act (19 U.S.C. port, including antidumping duties) of information. Pursuant to section 1675a(a)) including the likely volume of U.S. commercial shipments of Subject 207.61(c) of the Commission’s rules, any subject imports, likely price effects of Merchandise imported from each interested party that cannot furnish the subject imports, and likely impact of Subject Country; and information requested by this notice in imports of Subject Merchandise on the (c) The quantity and value (f.o.b. U.S. the requested form and manner shall Domestic Industries. port, including antidumping duties) of notify the Commission at the earliest (5) A list of all known and currently U.S. internal consumption/company possible time, provide a full explanation operating U.S. producers of the transfers of Subject Merchandise of why it cannot provide the requested Domestic Like Product. Identify any imported from each Subject Country. information, and indicate alternative known related parties and the nature of (9) If you are a producer, an exporter, forms in which it can provide the relationship as defined in section or a trade/business association of equivalent information. If an interested 771(4)(B) of the Act (19 U.S.C. producers or exporters of the Subject party does not provide this notification 1677(4)(B)). Merchandise in the Subject (or the Commission finds the (6) A list of all known and currently Country(ies), provide the following explanation provided in the notification operating U.S. importers of the Subject information on your firm’s(s’) inadequate) and fails to provide a Merchandise and producers of the operations on that product during complete response to this notice, the Subject Merchandise in the Subject calendar year 2004 (report quantity data Commission may take an adverse Country(ies) that currently export or in short tons and value data in U.S. inference against the party pursuant to have exported Subject Merchandise to dollars, landed and duty-paid at the section 776(b) of the Act in making its the United States or other countries after U.S. port but not including antidumping determinations in the reviews. 1999. duties). If you are a trade/business Information To Be Provided in (7) If you are a U.S. producer of the association, provide the information, on Response To this Notice of Institution: Domestic Like Product, provide the an aggregate basis, for the firms which Please provide the requested following information on your firm’s are members of your association. information separately for each operations on that product during (a) Production (quantity) and, if Domestic Industry, as defined by the calendar year 2004 (report quantity data known, an estimate of the percentage of Commission in its original and full five- in short tons and value data in U.S. total production of Subject Merchandise year review determinations. If you are a dollars, f.o.b. plant). If you are a union/ in the Subject Country(ies) accounted domestic producer, union/worker worker group or trade/business for by your firm’s(s’) production; and

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(b) The quantity and value of your INTERNATIONAL TRADE controller chips and chipsets and firm’s(s’) exports to the United States of COMMISSION products containing same, including DVD players and PC optical storage Subject Merchandise and, if known, an [Inv. No. 337–TA–506] estimate of the percentage of total devices, by reason of infringement of exports to the United States of Subject Certain Optical Disk Controller Chips claims 1–12 of U.S. Patent No. 6,466,736 Merchandise from the Subject and Chipsets and Products Containing (the ’736 patent), claims 1–3 of U.S. Country(ies) accounted for by your Same, Including DVD Players and PC Patent No. 6,584,527 (the ’527 patent), firm’s(s’) exports. Optical Storage Devices; Notice of and claims 1–35 of U.S. Patent No. Final Determination; Issuance of 6,546,440 (the ’440 patent). Id. (10) Identify significant changes, if The notice of investigation identified Limited Exclusion Order and Cease any, in the supply and demand 12 respondents. 69 FR 19876. On June and Desist Orders; Termination of conditions or business cycle for the 7, 2004, the ALJ issued an ID (Order No. Investigation Domestic Like Product that have 5) terminating the investigation as to occurred in the United States or in the AGENCY: U.S. International Trade two respondents on the basis of a market for the Subject Merchandise in Commission. consent order and settlement agreement. the Subject Country(ies) after 1999, and ACTION: Notice. On June 22, 2004, the ALJ issued an ID significant changes, if any, that are (Order No. 7) granting complainants’ likely to occur within a reasonably SUMMARY: Notice is hereby given that motion to amend the complaint and foreseeable time. Supply conditions to the U.S. International Trade notice of investigation to add nine consider include technology; Commission has found a violation of additional respondents. Those IDs were production methods; development section 337 of the Tariff Act of 1930 (19 not reviewed by the Commission. efforts; ability to increase production U.S.C. 337) based on the infringement of On December 22, 2004, the ALJ issued an ID (Order No. 33) granting (including the shift of production one asserted claim of one asserted complainants’ motion to terminate the facilities used for other products and the patent and has issued a limited exclusion order and cease and desist investigation in part with respect to use, cost, or availability of major inputs orders in the above-captioned claims 2–6, 8–10, and 11 of the ’736 into production); and factors related to investigation. patent and claims 2–4, 6, 9, 11, 12, 15– the ability to shift supply among 18, 20, 22–34, and 35 of the ’440 patent. FOR FURTHER INFORMATION CONTACT: different national markets (including On January 28, 2005, the ALJ issued an Clara Kuehn, Esq., Office of the General barriers to importation in foreign ID (Order No. 37) granting Counsel, U.S. International Trade markets or changes in market demand complainants’ motion to terminate the Commission, 500 E Street, SW., abroad). Demand conditions to consider investigation in part with respect to Washington, DC 20436, telephone (202) include end uses and applications; the claim 12 of the ’736 patent. Neither ID existence and availability of substitute 205–3012. Copies of the Commission was reviewed by the Commission. Thus, orders, the Commission opinion in products; and the level of competition at the time that Order No. 37 issued, the support thereof, and all other among the Domestic Like Product claims remaining for determination on nonconfidential documents filed in the merits were claims 1 and 7 of the produced in the United States, Subject connection with this investigation are or Merchandise produced in the Subject ’736 patent; claims 1, 5, 7, 8, 10, 13, 14, will be available for inspection during 19, and 21 of the ’440 patent; and claims Country(ies), and such merchandise official business hours (8:45 a.m. to 5:15 from other countries. 1, 2, and 3 of the ’527 patent. p.m.) in the Office of the Secretary, U.S. An eight-day evidentiary hearing was (11) (Optional) A statement of International Trade Commission, 500 E held on February 7–12, and 14–15, whether you agree with the above Street, SW., Washington, DC 20436, 2005. definitions of the Domestic Like Product telephone 202–205–2000. On May 16, 2005, the ALJ issued his and Domestic Industries; if you disagree General information concerning the final ID, findings of fact and conclusions with either or both of these definitions, Commission may also be obtained by of law, and recommended please explain why and provide accessing its Internet server (http:// determination on remedy and bonding. alternative definitions. www.usitc.gov). The public record for The ALJ concluded that there was a this investigation may be viewed on the violation of section 337 based on his Authority: These reviews are being Commission’s electronic docket (EDIS- findings that (a) the accused products conducted under authority of title VII of the ON-LINE) at http://edis.usitc.gov. infringe claim 3 of the ’527 patent, (b) Tariff Act of 1930; this notice is published Hearing-impaired persons are advised the ’527 patent is not unenforceable, (c) pursuant to section 207.61 of the that information on this matter can be Commission’s rules. claim 3 of the ’527 patent is not invalid, obtained by contacting the and (d) complainants have satisfied the Issued: September 27, 2005. Commission’s TDD terminal on 202– domestic industry requirement with By order of the Commission. 205–1810. respect to the ’527 patent. Although the Marilyn R. Abbott, SUPPLEMENTARY INFORMATION: The ALJ found that the other asserted claims Secretary to the Commission. Commission instituted this investigation of the ’527 patent (claims 1 and 2) are on April 14, 2004, based on a complaint not invalid, he found that the accused [FR Doc. 05–19593 Filed 9–30–05; 8:45 am] filed on behalf of Zoran Corporation and products do not infringe those claims. BILLING CODE 7020–02–P Oak Technology, Inc. both of The ALJ found no violation with respect Sunnyvale, CA (collectively to the other patents in issue. He found ‘‘complainants’’). 69 FR 19876. The that the accused products do not complaint, as supplemented, alleged infringe any asserted claim of the ’440 violations of section 337 of the Tariff or ’736 patents and that complainants Act of 1930 in the importation into the have not satisfied the domestic industry United States, the sale for importation, requirement with respect to those and the sale within the United States patents. He also found that the asserted after importation of certain optical disk claims of the ’440 and ’736 patents are

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not invalid and that those patents are ’440 patent (viz., claims 1, 5, 7, 8, 10, unlicensed entry of chips or chipsets not unenforceable. 13, 14, 19, and 21). covered by claim 3 of U.S. Patent No. On May 27, 2005, complainants and The Commission has determined that 6,584,527 manufactured abroad or respondents each petitioned for review respondents waived their arguments (1) imported by or on behalf of Mediatek, of portions of the final ID. On June 6, that the asserted claims are invalid Inc. of Hsin-Chu City, Taiwan, and 2005, complainants, respondents, and under 35 U.S.C. 102(f) for non-joinder of optical storage devices containing such the IA filed responses to the petitions Western Digital engineers other than covered chips or chipsets that are for review. Shishir Shah and (2) concerning the manufactured abroad or imported by or On July 19, 2005, the Commission respective dates of reduction to practice on behalf of Artronix Technology, Inc. determined to review the ID in part. 70 for Western Digital’s HISIDE chip and of Brea, CA; ASUSTek Computer, Inc. of FR 42589–91. Specifically, the the claims of the ’440 and ’527 patents. Taipei, Taiwan; ASUS Computer Commission determined to review the The Commission has determined to International of Fremont, CA; MSI ID’s findings of fact and conclusions of adopt the ID with the following Computer Corporation of City of law with respect to the ’527 and ’440 modifications and exceptions. The Industry, CA; TEAC America Inc. of patents. Id. The Commission Commission has determined to modify Montebello, CA; EPO Science and determined not to review the ID’s the ID’s construction of ‘‘controller’’ to Technology, Inc. of Taipei, Taiwan; findings of fact and conclusions of law reflect that, although the limitation LITE-ON Information Technology Corp. with respect to the ’736 patent, thereby ‘‘optical drive controller’’ means ‘‘a of Taipei, Taiwan; Micro-Star adopting them. Id. Accordingly, the device or group of devices to control International Co., Ltd. of Taipei Hsien, Commission found no violation of data communications between a host Taiwan; TEAC Corp. of Tokyo, Japan; or section 337 with respect to the ’736 computer and the optical disk drive Ultima Electronics Corp. of Taipei patent. Id. The Commission also electronics’ (ID at 80), configurations Hsien, Taiwan. The Commission has determined to review and modify the ID wherein a ‘‘controller requires a also determined to issue cease and to clarify that respondents accused of translator card or other intervening desist orders directed to Artronix infringing only the asserted claims of circuitry between the controller and the Technology, Inc.; ASUSTek Computer, the ’736 patent (viz., respondents IDE bus to translate or manipulate Inc.; ASUS Computer International; MSI Audiovox Corporation; Initial command data’’ were disclaimed during Computer Corporation; TEAC America Technology, Inc.; Mintek Digital, Inc.; prosecution. The Commission has Inc.; EPO Science and Technology, Inc.; Shinco International AV Co., Ltd.; determined to affirm the balance of the and LITE-ON Information Technology Changzhou Shinco Digital Technology ID’s claim construction. Corp. Co., Ltd.; Jiangsu Shinco Electronic The Commission has determined to The Commission also determined that Group Co., Ltd.; Terapin Technology vacate the ID’s finding that there is a the public interest factors enumerated in Pte., Ltd. [formerly known as Teraoptix conception date of the asserted claims of 19 U.S.C. 1337(d) and (f) do not d/b/a Terapin Technology] of Singapore; the ’527 and ’440 patents at least by preclude issuance of the remedial and Terapin Technology U.S. [formerly April 21, 1993, (see ID at 129 n.45, 142), orders, and that the bond during the also known as Teraoptix]) are not in and has further determined to vacate the Presidential period of review shall be violation of Section 337. Id. statement (ID at 142) that expressly set at 100 percent of the entered value In its notice of review, the relies on the April 21, 1993, conception for any covered chips or chipsets and Commission invited the parties to file date to make an alternate finding, viz., $4.43 per unit for any optical storage written submissions on the issues under ‘‘[e]ven assuming that conception of a device containing covered chips or review, posed briefing questions for the transport mechanism that attached a chipsets. parties to answer, and invited interested CD-ROM drive to an IDE/ATA bus was The authority for the Commission’s persons to file written submissions on relevant, there is no contemporaneous determinations is contained in section the issues of remedy, the public interest, documentation showing conception in 337 of the Tariff Act of 1930, as and bonding. Id. December 1992 or a conception even amended (19 U.S.C. 1337), and in All parties filed initial submissions on before the April 1993 conception of the §§ 210.45–210.51 of the Commission’s August 1, 2005. Also on August 1, 2005, claimed inventions in issue.’’ Rules of Practice and Procedure (19 CFR respondents filed a letter requesting The Commission has determined to 210.45–210.51). clarification of the scope of briefing vacate the ALJ’s infringement findings Issued: September 28, 2005. question 3(a) in the Commission’s with respect to the MT1528, MT1558, By order of the Commission. notice of review, and permission to brief and MT1668 because the record does new issues not previously raised. On not support such findings. Marilyn R. Abbott, August 8, 2005, all parties filed reply The Commission has determined to Secretary to the Commission. submissions. clarify that complainants met the [FR Doc. 05–19703 Filed 9–30–05; 8:45 am] The Commission has determined to economic prong of the domestic BILLING CODE 7020–02–P deny respondents’ August 1, 2005, letter industry requirement based on request for permission to brief new ‘‘substantial investment’’ in issues that were not previously raised, ‘‘engineering, research and JUDICIAL CONFERENCE OF THE and respondents’ August 8, 2005, development,’’ rather than through UNITED STATES request under 19 CFR 210.45(a). licensing. The Commission has also Having examined the record in this determined to correct certain Hearing of the Judicial Conference investigation, including the submissions typographical errors on pages 75–76, Advisory Committee on Rules of Civil and responses thereto, the Commission 129, and 156 of the ID. Procedure has determined that there is a violation The Commission also made AGENCY: Judicial Conference of the of section 337 as to claim 3 of the ’527 determinations on the issues of remedy, United States Advisory Committee on patent, but no violation of the statute as the public interest, and bonding. The Rules of Civil Procedure. to the remaining claims in issue of the Commission determined that the ACTION: Notice of cancellation of open ’527 patent (viz., claims 1 and 2) and no appropriate form of relief is a limited hearing. violation as to the claims in issue of the exclusion order prohibiting the

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SUMMARY: The public hearing on —Evaluate the accuracy of the agencies Dated: September 28, 2005. proposed amendments to the Federal estimate of the burden of the Brenda E. Dyer, Rules of Civil Procedure, scheduled for proposed collection of information, Department Clearance Officer, Department of October 26, 2005, in San Francisco, including the validity of the Justice. California, has been canceled. [Original methodology and assumptions used; [FR Doc. 05–19699 Filed 9–30–05; 8:45 am] notice of hearing appeared in the —Enhance the quality, utility, and BILLING CODE 4410–FY–P Federal Register of July 14, 2005.] clarity of the information to be FOR FURTHER INFORMATION CONTACT: John collected; and K. Rabiej, Chief, Rules Committee DEPARTMENT OF JUSTICE Support Office, Administrative Office of —Minimize the burden of the collection the United States Courts, Washington, of information on those who are to Drug Enforcement Administration DC 20544, telephone (202) 502–1820. respond, including through the use of appropriate automated, electronic, Agency Information Collection Dated: September 26, 2005. Activities: Proposed Collection; mechanical, or other technological John K. Rabiej, Comments Requested Chief, Rules Committee Support Office. collection techniques or other forms of information technology, e.g., [FR Doc. 05–19679 Filed 9–30–05; 8:45 am] ACTION: 60-Day Notice of Information permitting electronic submission of BILLING CODE 2210–55–M Collection Under Review: Prescription responses. Monitoring Program Questionnaire. Overview of this information The Department of Justice (DOJ), Drug DEPARTMENT OF JUSTICE collection: Enforcement Administration (DEA), has Bureau of Alcohol, Tobacco, Firearms (1) Type of Information Collection: submitted the following information and Explosives Extension of a currently approved collection request to the Office of collection. Management and Budget (OMB) for Agency Information Collection (2) Title of the Form/Collection: review and approval in accordance with Activities: Proposed Collection; Identification of Imported Explosives the Paperwork Reduction Act of 1995. Comments Requested Materials. The proposed information collection is published to obtain comments from the ACTION: 60-Day Notice of Information (3) Agency form number, if any, and public and affected agencies. Comments Collection Under Review: Identification the applicable component of the are encouraged and will be accepted for of Imported Explosives Materials. Department of Justice sponsoring the ‘‘sixty days’’ until December 2, 2005. collection: Form Number: None. Bureau This process is conducted in accordance The Department of Justice (DOJ), of Alcohol, Tobacco, Firearms and Bureau of Alcohol, Tobacco, Firearms with 5 CFR 1320.10. Explosives. If you have comments, especially on and Explosives (ATF), has submitted the following information collection request (4) Affected public who will be asked the estimated public burden or to the Office of Management and Budget or required to respond, as well as a brief associated response time, suggestions, (OMB) for review and approval in abstract: Primary: Business or other for- or need a copy of the proposed accordance with the Paperwork profit. Other: None. The information is information collection instrument with Reduction Act of 1995. The proposed necessary to ensure that explosive instructions or additional information, please contact Patricia M. Good, Chief, information collection is published to materials can be effectively traced. All Liaison and Policy Section, Office of obtain comments from the public and licensed importers are required to Diversion Control, Drug Enforcement affected agencies. Comments are identify by marking all explosive encouraged and will be accepted for Administration, Washington, DC 20537. materials they import for sale or Written comments and suggestions ‘‘sixty days’’ until December 2, 2005. distribution. The process provides This process is conducted in accordance from the public and affected agencies valuable information in explosion and concerning the proposed collection of with 5 CFR 1320.10. bombing investigations. If you have comments especially on information are encouraged. Your the estimated public burden or (5) An estimate of the total number of comments should address one or more associated response time, suggestions, respondents and the amount of time of the following four points: or need a copy of the proposed estimated for an average respondent to —Evaluate whether the proposed information collection instrument with respond: It is estimated that 15 collection of information is necessary instructions or additional information, respondents will spend 1 hour placing for the proper performance of the please contact Gary Bangs, Explosives marks of identification on imported functions of the agency, including Industry Programs Branch, Room 5000, explosives. whether the information will have 650 Massachusetts Avenue, NW., (6) An estimate of the total public practical utility; Washington, DC 20226. burden (in hours) associated with the —Evaluate the accuracy of the agencies Written comments and suggestions collection: There are an estimated 45 estimate of the burden of the from the public and affected agencies annual total burden hours associated proposed collection of information, concerning the proposed collection of with this collection. including the validity of the information are encouraged. Your methodology and assumptions used; comments should address one or more If additional information is required —Enhance the quality, utility, and of the following four points: contact: Brenda E. Dyer, Department clarity of the information to be —Evaluate whether the proposed Clearance Officer, Policy and Planning collected; and collection of information is necessary Staff, Justice Management Division, —Minimize the burden of the collection for the proper performance of the Department of Justice, Patrick Henry of information on those who are to functions of the agency, including Building, Suite 1600, 601 D Street NW., respond, including through the use of whether the information will have Washington, DC 20530, or by e-mail at appropriate automated, electronic, practical utility; [email protected]. mechanical, or other technological

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collection techniques or other forms DEPARTMENT OF JUSTICE mechanical, or other technological of information technology, e.g., collection techniques or other forms permitting electronic submission of Federal Bureau of Investigation of information technology, e.g., responses. permitting electronic submission of Agency Information Collection responses. Overview of this information Activities; Proposed Collection; collection: Comments Requested Overview of This Information (1) Type of Information Collection: Collection ACTION: 30-Day Notice of Information Extension of a currently approved (1) Type of Information Collection: Collection Under Review: Monthly collection. Revision of a currently approved Return of Arson Offenses Known to Law collection. (2) Title of the Form/Collection: Enforcement. Prescription Drug Monitoring Program (2) Title of the Form/Collection: Questionnaire. The Department of Justice (DOJ), Monthly Return of Arson Offenses Known to Law Enforcement. (3) Agency form number, if any, and Federal Bureau of Investigation (FBI) has submitted the following information (3) Agency form number, if any, and the applicable component of the collection request to the Office of the applicable component of the Department of Justice sponsoring the Management and Budget (OMB) for Department sponsoring the collection: collection: Form Number: None. Office review and approval in accordance with Form Number: 1–725. Criminal Justice of Diversion Control, Drug Enforcement the Paperwork Reduction Act of 1995. Information Services Division (CJIS), Administration, Department of Justice. The proposed information collection is Federal Bureau of Investigation (4) Affected public who will be asked published to obtain comments from the (4) Affected public who will be asked or required to respond, as well as a brief public and affected agencies. This or required to respond, as well as a brief abstract: Primary: States. Other: None. proposed information collection was abstract: Primary: State, Local, or Tribal This questionnaire permits the Drug previously published in the Federal Government. The collection is needed to Enforcement Administration to compile Register Volume 70, Number 143, page determine the number of arson offenses and evaluate information regarding the 43458 on July 27, 2005, allowing for a committed throughout the United design, implementation and operation 60 day comment period. States. The tabulated data is published of state prescription monitoring The purpose of this notice is to allow in the annual, Crime in the United programs. Such information allows DEA for an additional 30 days for public States. to assist states in the development of comment until November 2, 2005. This (5) An estimate of the total number of new programs designed to enhance the process is conducted in accordance with respondents and the amount of time ability of both DEA and state authorities 5 CFR 1320.10. estimated for an average respondent to Written comments and/or suggestions to prevent, detect, and investigate the respond/reply: It is estimated that regarding the items contained in this diversion and abuse of controlled approximately 17,499 law enforcement notice, especially the estimated public employees will take approximately 9 substances. burden and associated response time, minutes to complete the report. (5) An estimate of the total number of should be directed to the Office of (6) An estimate of the total public respondents and the amount of time Management and Budget, Office of burden (in hours) associated with the estimated for an average respondent to Information and Regulatory Affairs, collection: There are approximately respond: It is estimated that 26 persons Attention Department of Justice Desk 31,498 annual burden hours associated complete the Prescription Monitoring Officer, Washington, DC 20503. with this collection. Program Questionnaire on paper and 25 Additionally, comments may be If additional information is required electronically, at 5 hours per form, for submitted to OMB via facsimile to (202) contact: Brenda E. Dyer, Department an annual burden of 255 hours. 395–5806. Written comments and Clearance Officer, United States suggestions from the public and affected (6) An estimate of the total public Department of Justice, Justice agencies concerning the proposed burden (in hours) associated with the Management Division, Policy and collection of information are collection: It is estimated that there are Planning Staff, Patrick Henry Building, encouraged. Your comments should Suite 1600, 601 D Street NW., 255 burden hours associated with this address one or more of the following collection. Washington, DC 20530, or by e-mail at four points: [email protected] If additional information is required —Evaluate whether the proposed Dated: September 27, 2005. contact: Brenda E. Dyer, Department collection of information is necessary Brenda E. Dyer, Clearance Officer, United States for the proper performance of the Department of Justice, Justice functions of the agency, including Department Clearance Officer, Department of Justice. Management Division, Policy and whether the information will have Planning Staff, Patrick Henry Building, practical utility; [FR Doc. 05–19675 Filed 9–30–05; 8:45 am] Suite 1600, 601 D Street, NW., —Evaluate the accuracy of the agencies BILLING CODE 4410–02–P Washington, DC 20530. estimate of the burden of the proposed collection of information, Dated: September 28, 2005. DEPARTMENT OF JUSTICE including the validity of the Brenda E. Dyer, methodology and assumptions used; Office of Justice Programs Department Clearance Officer, Department of —Enhance the quality, utility, and Justice. clarity of the information to be Agency Information Collection [FR Doc. 05–19735 Filed 9–30–05; 8:45 am] collected; and Activities: New Collection; Comments BILLING CODE 4410–09–P —Minimize the burden of the collection Requested of information on those who are to respond, including through the use of ACTION: 60-Day Notice of Information appropriate automated, electronic, Collection Under Review: 2006 Survey

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of Tribal Law Enforcement Record abstract: Primary: State, and Local or recommendations for the Secretary of Systems. Tribal Government. This information Labor. collection is a survey of law Organizations or members of the The Department of Justice (DOJ), enforcement record systems in tribal public wishing to submit a written Office of Justice Programs, Bureau of law enforcement agencies. The statement pertaining to the topic may do Justice Statistics (BJS), has submitted information will provide statistics on so by submitting 25 copies on or before the following information collection tribal agencies’ record systems, October 12, 2005 to Larry Good, request to the Office of Management and including protection orders, Executive Secretary, ERISA Advisory Budget (OMB) for review and approval participation in the National Crime Council, U.S. Department of Labor, in accordance with the Paperwork Information Center, state record Suite N–5623, 200 Constitution Avenue, Reduction Act of 1995. The proposed systems, criminal history records, and NW., Washington, DC 20210. information collection is published to fingerprints. Statements also may be submitted obtain comments from the public and (5) An estimate of the total number of electronically to [email protected]. affected agencies. Comments are respondents and the amount of time Statements received on or before encouraged and will be accepted for estimated for an average respondent to October 12, 2005 will be included in the ‘‘sixty days’’ until December 2, 2005. respond: It is estimated that 200 record of the meeting. Individuals or This process is conducted in accordance respondents will complete a one hour representatives of organizations wishing with 5 CFR 1320.10. form. to address the Working Group should If you have comments especially on (6) An estimate of the total public forward their requests to the Executive the estimated public burden or burden (in hours) associated with the Secretary or telephone (202) 693–8668. associated response time, suggestions, collection: There are an estimated 200 Oral presentations will be limited to 20 or need a copy of the proposed total annual burden hours associated minutes, time permitting, but an information collection instrument with with this collection. extended statement may be submitted instructions or additional information, If additional information is required for the record. Individuals with please contact Matthew Hickman, contact: Brenda E. Dyer, Department disabilities who need special Bureau of Justice Statistics, 810 Seventh Clearance Officer, United States accommodations should contact Larry St., NW., Washington, DC 20531. Department of Justice, Justice Good by October 12 at the address Written comments and suggestions Management Division, Policy and indicated. from the public and affected agencies Planning Staff, Patrick Henry Building, concerning the proposed collection of Signed at Washington, DC, this 27th day of Suite 1600, 601 D Street NW., information are encouraged. Your September, 2005. Washington, DC 20530. comments should address one or more Ann L. Combs, of the following four points: Brenda E. Dyer, Assistant Secretary, Employee Benefits Security Administration. —Evaluate whether the proposed Department Clearance Officer, Department of collection of information is necessary Justice. [FR Doc. 05–19739 Filed 9–30–05; 8:45 am] for the proper performance of the [FR Doc. 05–19734 Filed 9–30–05; 8:45 am] BILLING CODE 4510–29–P functions of the agency, including BILLING CODE 4410–18–P whether the information will have DEPARTMENT OF LABOR practical utility; —Evaluate the accuracy of the agencies DEPARTMENT OF LABOR Employee Benefits Security estimate of the burden of the Administration proposed collection of information, Employee Benefits Security including the validity of the Administration Advisory Council on Employee Welfare methodology and assumptions used; and Pension Benefit Plans Working —Enhance the quality, utility, and Advisory Council on Employee Welfare Group on Communications to clarity of the information to be and Pension Benefit Plans Working Retirement Plan Participants and collected; and Group on Improving Plan Working Group on Retirement Plan —Minimize the burden of the collection Communications for Health and Distributions and Options; Notice of of information on those who are to Welfare Plan Participants; Notice of Meeting respond, including through the use of Meeting appropriate automated, electronic, Pursuant to the authority contained in mechanical, or other technological Pursuant to the authority contained in Section 512 of the Employee Retirement collection techniques or other forms Section 512 of the Employee Retirement Income Security Act of 1974 (ERISA), 29 of information technology, e.g., Income Security Act of 1974 (ERISA), 29 U.S.C. 1142, the Working Groups permitting electronic submission of U.S.C. 1142, the Working Group assigned by the Advisory Council on responses. assigned by the Advisory Council on Employee Welfare and Pension Benefit Overview of this information Employee Welfare and Pension Benefit Plans to study the issues of (1) collection: Plans to study the issue of improving communications to retirement plan (1) Type of Information Collection: plan communications for health and participants and (2) retirement plan New collection. welfare plan participants will hold a distributions will hold public (2) Title of the Form/Collection: 2006 public teleconference meeting on teleconference meetings on October 20, Survey of Tribal Law Enforcement October 19, 2005. 2005. Record Systems. The session will take place in Room The sessions will take place in Room (3) Agency form number, if any, and N 3437A, U.S. Department of Labor, 200 N 3437A, U.S. Department of Labor, 200 the applicable component of the Constitution Avenue, NW., Washington, Constitution Avenue, NW., Washington, Department of Justice sponsoring the DC 20210. The purpose of the open DC 20210. The purpose of the open collection: Form Number: None. meeting, which will run from 2 p.m. to meetings is for each Working Group to (4) Affected public who will be asked approximately 4 p.m., is for Working discuss its report/recommendations for or required to respond, as well as a brief Group members to discuss their report/ the Secretary of Labor. The meetings

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will run from 12 p.m. to approximately VIII. Creation of a Chief Financial attributes known as performance 4 p.m., with the Working Group on Officer Position indicators (PIs). PIs are objective Communications to Retirement Plan IX. Appointment of Director of Finance measures of the performance of licensee Participants meeting first, followed by as Primary Check Signer systems or programs. The NRC’s reactor the Working Group on Retirement Plan X. CEO Quarterly Management Report oversight process uses PI information, Distributions and Options. XI. NHSA Update along with the results of audits and Organizations or members of the XII. Adjournment inspections, as the basis for NRC public wishing to submit a written conclusions regarding plant Jeffrey T. Bryson, statement pertaining to the topic may do performance and necessary regulatory so by submitting 25 copies on or before General Counsel/Secretary response. Licensees transmit PIs October 12, 2005 to Larry Good, [FR Doc. 05–19898 Filed 9–29–05; 3:26 pm] electronically to reduce burden on Executive Secretary, ERISA Advisory BILLING CODE 7570–01–M themselves and the NRC. Council, U.S. Department of Labor, A copy of the final supporting Suite N–5623, 200 Constitution Avenue, statement may be viewed free of charge NW., Washington, DC 20210. NUCLEAR REGULATORY at the NRC Public Document Room, One Statements also may be submitted COMMISSION White Flint North, 11555 Rockville electronically to [email protected]. Pike, Room O–1 F21, Rockville, MD Statements received on or before Agency Information Collection 20852. OMB clearance requests are October 12, 2005 will be included in the Activities: Submission for the Office of available at the NRC Worldwide Web record of the meeting. Individuals or Management and Budget (OMB) site: http://www.nrc.gov/public-involve/ representatives of organizations wishing Review; Comment Request doc-comment/omb/index.html. The to address the Working Group should AGENCY: Nuclear Regulatory document will be available on the NRC forward their requests to the Executive Commission (NRC). home page site for 60 days after the Secretary or telephone (202) 693–8668. signature date of this notice. ACTION: Notice of the OMB review of Oral presentations will be limited to 20 Comments and questions should be information collection and solicitation minutes, time permitting, but an directed to the OMB reviewer listed of public comment. extended statement may be submitted below by November 2, 2005. Comments for the record. Individuals with SUMMARY: The NRC has recently received after this date will be disabilities who need special submitted to OMB for review the considered if it is practical to do so, but accommodations should contact Larry following proposal for the collection of assurance of consideration cannot be Good by October 12 at the address information under the provisions of the given to comments received after this indicated. Paperwork Reduction Act of 1995 (44 date. John A. Asalone, Office of Signed at Washington, DC, this 27th day of U.S.C. Chapter 35). The NRC hereby Information and Regulatory Affairs September, 2005. informs potential respondents that an (3150–0195), NEOB–10202, Office of Ann L. Combs, agency may not conduct or sponsor, and Management and Budget, Washington, that a person is not required to respond DC 20503. Assistant Secretary, Employee Benefits Comments can also be e-mailed to Security Administration. to, a collection of information unless it _ _ displays a currently valid OMB control John A. [email protected] or [FR Doc. 05–19740 Filed 9–30–05; 8:45 am] submitted by telephone at (202) 395– BILLING CODE 4510–29–P number. 1. Type of submission, new, revision, 4650. The NRC Clearance Officer is Brenda or extension: Extension. Jo. Shelton, 301–415–7233. NEIGHBORHOOD REINVESTMENT 2. The title of the information Dated at Rockville, Maryland, this 26th day CORPORATION collection: Voluntary Reporting of Performance Indicators. of September, 2005. Sunshine Act Meeting; Regular Board 3. The form number if applicable: For the Nuclear Regulatory Commission. of Directors Meeting N/A. Brenda Jo. Shelton, 4. How often the collection is NRC Clearance Officer, Office of Information TIME AND DATE: 2 p.m., Monday, October required: Quarterly. Services. 3, 2005. 5. Who will be required or asked to [FR Doc. E5–5349 Filed 9–30–05; 8:45 am]  PLACE: NeighborWorks America, 1325 report: Power reactor licensees. BILLING CODE 7590–01–P G Street NW., Suite 800, Boardroom, 6. An estimate of the number of Washington, DC 20005. annual responses: 416. STATUS: Open. 7. The estimated number of annual NUCLEAR REGULATORY CONTACT PERSON FOR MORE INFORMATION: respondents: 104. COMMISSION Jeffrey T. Bryson, General Counsel/ 8. An estimate of the total number of hours needed annually to complete the Agency Information Collection Secretary, (202) 220–2372; Activities: Submission for the Office of [email protected]. requirement or request: Approximately 84,520 hours (83,200 reporting hours Management and Budget (OMB) AGENDA: Review; Comment Request I. Call to Order plus 1,320 recordkeeping hours for 33 II. Approval of Minutes: June 28, 2005, recordkeepers). AGENCY: U.S. Nuclear Regulatory Annual Meeting 9. An indication of whether Section Commission (NRC). III. Resolution of Appreciation 3507(d), Public Law 104–13 applies: ACTION: Notice of the OMB review of IV. Finance and Budget Committee N/A. information collection and solicitation Report 10. Abstract: As part of a joint of public comment. V. Treasurer’s Report industry-NRC initiative, the NRC VI. Corporate Administration receives information submitted SUMMARY: The NRC has recently Committee Report voluntarily by power reactor licensees submitted to OMB for review the VII. Audit Committee Report regarding selected performance following proposal for the collection of

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information under the provisions of the A copy of the final supporting approval of a permanently revised steam Paperwork Reduction Act of 1995 (44 statement may be viewed free of charge generator voltage-based repair criteria U.S.C. Chapter 35). The NRC hereby at the NRC Public Document Room, One probability of prior cycle detection informs potential respondents that an White Flint North, 11555 Rockville (POPCD) method; (ii) addition of a new agency may not conduct or sponsor, and Pike, Room O–1 F21, Rockville, MD reporting requirement to the DCPP that a person is not required to respond 20852. OMB clearance requests are Technical Specifications as TS 5.6.10.i; to, a collection of information unless it available at the NRC worldwide Web and (iii) approval to adopt the extreme displays a currently valid OMB control site: http://www.nrc.gov/public-involve/ growth method coincident with the number. doc-comment/omb/index.html. The above POPCD method. However, by 1. Type of submission, new, revision, document will be available on the NRC letter dated September 17, 2004, the or extension: Extension. home page site for 60 days after the licensee requested that the extreme 2. The title of the information signature date of this notice. growth method be approved at a later collection: 10 CFR Part 26, ‘‘Fitness for Comments and questions should be time. Therefore, on October 28, 2004, Duty Program.’’ directed to the OMB reviewer listed the Commission issued Amendment 3. The form number if applicable: below by November 2, 2005. Comments Nos. 177 and 179, to Facility Operating 3150–0146. received after this date will be License No. DPR–80 and Facility 4. How often the collection is considered if it is practical to do so, but Operating License No. DPR–82 for the required: On occasion. assurance of consideration cannot be Diablo Canyon Power Plant, Unit Nos. 1 5. Who will be required or asked to given to comments received after this and 2, respectively, without reviewing report: All licensees authorized to date. the extreme growth method. construct or operate a nuclear power Office of Information and Regulatory The Commission had previously reactor; all licensees authorized to use, Affairs (3150–0146), NEOB–10202, issued a Notice of Consideration of possess, or transport Category 1 nuclear Office of Management and Budget, Issuance of Amendments published in material; and contractors/vendors who Washington, DC 20503. the Federal Register on June 22, 2004 have developed a fitness-for-duty Comments can also be submitted by (69 FR 34704), and a Notice of Issuance program that is formally reviewed and telephone at (202) 395–3087. of Amendments published in the approved by a licensee, which meets the The NRC Clearance Officer is Brenda Federal Register on November 23, 2004 requirements of Part 26. Jo. Shelton, 301–415–7233. (69 FR 68190). However, by letter dated September 22, 2005, the licensee 6. An estimate of the number of Dated at Rockville, Maryland, this 26th day withdrew the remaining portion of the annual responses: 1,419 (1,350 of September, 2005. amendment request pertaining to the responses + 69 recordkeepers). For the Nuclear Regulatory Commission. approval to adopt the extreme growth 7. The estimated number of annual Brenda Jo. Shelton, method. The licensee’s application respondents: 69. NRC Clearance Officer, Office of the Chief dated March 18, 2004, and its 8. An estimate of the total number of Information Officer. supplements dated August 18 and 20, hours needed annually to complete the [FR Doc. E5–5355 Filed 9–30–05; 8:45 am] and September 17, 2004, and requirement or request: 61,143 (5,853 BILLING CODE 7590–01–P withdrawal letter dated September 22, hours reporting [an average of 4.3 hours/ 2005, are available in the NRC’s response] and 55,290 hours Agencywide Documents Access and recordkeeping [an average of 801 hours/ NUCLEAR REGULATORY Management System (ADAMS) under recordkeeper]). COMMISSION Accession Numbers ML040840449, 9. An indication of whether section [Docket Nos. 50–275 and 50–323] ML042380475, ML042530054, 3507(d), Pub. L. 104–13 applies: N/A. ML042680323 and ML052660327, 10. Abstract: 10 CFR part 26, ’’Fitness Pacific Gas and Electric Company respectively. for Duty Program,’’ requires licensees of Diablo Canyon Power Plant, Units 1 For further details with respect to this nuclear power plants, contractors/ and 2; Notice of Partial Withdrawal of action, see the application for vendors who have developed a fitness- Application for Amendments to Facility amendment dated March 18, 2004, its for-duty program that is formally Operating Licenses supplements dated August 18 and 20, reviewed by a licensee, and licensees and September 17, 2004, and authorized to possess, use, or transport The U.S. Nuclear Regulatory withdrawal letter dated September 22, Category 1 nuclear material to Commission (the Commission) has 2005, which withdrew the request of implement fitness-for-duty programs to granted the request of Pacific Gas and approval to adopt the extreme growth assure that personnel are not under the Electric Company (the licensee) to method. Documents may be examined, influence of any substance or mentally partially withdraw the request of and/or copied for a fee, at the NRC’s or physically impaired, to retain certain approval to adopt the extreme growth Public Document Room (PDR), located records associated with the management method, which was a part of its at One White Flint North, 11555 of these programs, and to provide application dated March 18, 2004, and Rockville Pike (first floor), Rockville, reports concerning significant events its supplements dated August 18 and Maryland. Publicly available records and program performance. Compliance 20, and September 17, 2004, for will be accessible electronically from with these program requirements is proposed amendments to Facility the ADAMS Public Electronic Reading mandatory for licensees subject to 10 Operating License No. DPR–80 and Room on the internet at the NRC Web CFR part 26. In addition, licensees of Facility Operating License No. DPR–82 site, http://www.nrc.gov/reading-rm/ nuclear power plants are required to for the Diablo Canyon Power Plant, Unit adams/html. Persons who do not have comply with security order EA–03–038, Nos. 1 and 2, respectively, located in access to ADAMS or who encounter which implements work hour controls San Luis Obispo County, California. problems in accessing the documents for security force personnel and requires The amendment request included (i) located in ADAMS, should contact the licensees to retain certain records revisions to the Final Safety Analysis NRC PDR Reference staff by telephone associated with the management of this Report Update to incorporate the at 1–800–397–4209, or (301) 415–4737 security order. Nuclear Regulatory Commission or by e-mail to [email protected].

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Dated at Rockville, Maryland, this 26th day required by these license conditions only deleting protective actions that of September, 2005. were addressed in the EA for approval have already been completed. For the Nuclear Regulatory Commission. of Cimarron’s Decommissioning Plan License Condition 27e authorizes the Girija S. Shukla, (DP). That EA is summarized in the licensee to make certain changes to the Project Manager, Section 2, Project Federal Register notice of the Finding of DP or Radiation Protection Plan (RPP) Directorate IV, Division of Licensing Project No Significant Impact published on and associated procedures without prior Management, Office of Nuclear Reactor August 12, 1999, (64 FR 44059). NRC approval provided that those Regulation. The licensee requested that License changes meet the specific criteria stated [FR Doc. E5–5387 Filed 9–30–05; 8:45 am] Condition 22 be deleted from the in License Condition 27e. The licensee BILLING CODE 7590–01–P license, as the specific requirements of requested that License Condition 27e be this license condition had been revised so that only changes to the completed. License Condition 22 facility or process, tests, and NUCLEAR REGULATORY authorizes the licensee to breach the experiments described in the DP or the COMMISSION berms, close the two East and West RPP are required to be reviewed by the [Docket No. 70–0925] Sanitary lagoons in Subarea L, and As Low As Reasonably Achievable backfill the former burial ground in (ALARA) Committee. In addition, the Notice of Availability of Environmental Subarea F. Cimarron backfilled the two licensee requested that the license Assessment and Finding of No sanitary lagoons in 1993. NRC staff condition be revised so changes to the Significant Impact for License reviewed the licensee’s request and an associated radiation protection Amendment for Kerr McGee Cimarron NRC confirmatory survey of Subarea L procedures would only require review Corporation Former Fuel Fabrication demonstrated that all soil samples met and approval by the Radiation Safety Facility in Crescent, OK the NRC’s release criteria of License Officer (RSO). The NRC staff has Condition 27 of Cimarron’s license reviewed this request and found that the AGENCY: Nuclear Regulatory (SNM–928) and the regulatory limits for requested amendment to License Commission. unrestricted use. The staff determined Condition 27e should be granted. This ACTION: Notice of availability. that all work addressed in License proposed change to the license will Condition 22 has been completed and have not have a significant effect on the FOR FURTHER INFORMATION CONTACT: Ken that all the requirements of this quality of the human environment. Kalman, Project Manager, condition have been met. Therefore, the III. Finding of No Significant Impact Decommissioning Directorate, Division NRC staff concluded that this condition of Waste Management and can be deleted from the license, and will Based upon the analysis contained in Environmental Protection, Office of not have a significant effect on the the EA, NRC staff concludes that the Nuclear Material Safety and Safeguards, quality of the human environment. proposed action will not have a U.S. Nuclear Regulatory Commission, The licensee also requested that significant effect on the quality of the Washington, DC 20555. Telephone: License Condition 23 be revised to human environment, because it is only (301) 415–6664; fax number: (301) 415– reflect completion of some of the deleting license requirements that have 5398 e-mail: [email protected]. decommissioning activities identified in been completed and making changes to SUPPLEMENTARY INFORMATION: this condition. License Condition 23 a License Condition 27e, which relates authorizes the licensee to dispose of to approval of changes to the procedures I. Introduction low-enriched uranium contaminated associated with the Decommissioning The Nuclear Regulatory Commission soil in an on-site burial cell in Subarea Plan or Radiation Protection Procedures. (NRC) is considering amending Material N. The licensee stated that all Accordingly, the staff and has License No. SNM–928 issued to Kerr requirements in this license condition determined that preparation of an McGee Cimarron Corporation Cimarron have been completed except for the environmental impact statement is not or (the licensee), to authorize the requirement to ‘‘periodically monitor warranted. deletion of License Condition 22 and the disposal area for subsidence, IV. Further Information revisions to License Conditions 23 and erosion, and status of the vegetative 27e of the license for its former fuel cover for at least five years, and Documents related to this action, fabrication facility in Crescent, promptly repair any problems noted.’’ including the application for Oklahoma. NRC has prepared an The NRC staff conducted a confirmatory amendment and supporting Environmental Assessment (EA) in survey of the burial cell in Subarea N. documentation, are available support of this amendment in The staff determined that the buried cell electronically at the NRC’s Electronic accordance with the requirements of 10 had been completed in accordance with Reading Room at http://www.nrc.gov/ CFR part 51. Based on the EA, the NRC License Condition 23. All measurements reading-rm/adams.html. From this site, has concluded that a Finding of No were below the release criteria of you can access the NRC’s Agencywide Significant Impact (FONSI) is Cimarron’s license (SNM–928) and the Document Access and Management appropriate. The amendment will be regulatory limits. The NRC staff has System (ADAMS), which provides text issued following the publication of this reviewed the licensee’s request and and image files of NRC’s public Notice. determined that the licensee has met all documents. The ADAMS accession of the requirements of License numbers for the documents related to II. EA Summary Condition 23, except for the last two this notice are: Environmental The purpose of the proposed sentences of License Condition 23d. Assessment for License Amendment 19 amendment is to authorize revisions to This license condition will be revised of Cimarron Corporations License the license for the licensee’s former fuel and the last two sentences will become (SNM–928) Regarding License fabrication facility. Specifically, License License Condition 23a. The NRC staff Conditions 22, 23, and 27e Condition 22 will be deleted, as all has concluded that this revision to the (ML052060071). If you do not have requirements of this condition have license will not have a significant access to ADAMS or if there are been completed. License Conditions 23 impact on the quality of the human problems in accessing the documents and 27e will be revised. The actions environment, because the revision is located in ADAMS, contact the NRC’s

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Public Document Room (PDR) Reference NUREG–1437, ‘‘Generic Environmental framework throughout the course of this staff at 1–800–397–4209, (301) 415– Impact Statement (GEIS) for License effort. If, as a result of this scoping 4737, or by e-mail to [email protected]. Renewal of Nuclear Plants’’ (May 1996) process, it is determined that an update These documents may also be viewed and its Addendum 1 (August 1999). is not necessary, then that result will be electronically on the public computers The GEIS, prepared by the U.S. published in the Federal Register as located at the NRC’s PDR, O–1–F21, Nuclear Regulatory Commission (NRC) well. One White Flint North, 11555 Rockville staff and its contractors, summarizes the The GEIS and Addendum 1 to the Pike, Rockville, MD 20852. The PDR findings of a systematic inquiry into the GEIS were prepared pursuant to 10 CFR reproduction contractor will copy environmental impacts of refurbishment part 51 and are available for public documents for a fee. activities associated with license inspection at the NRC Public Document Dated at Rockville, Maryland, this 27th day renewal and the environmental impacts Room (PDR), located at One White Flint of September, 2005. of continued operation during the North, 11555 Rockville Pike (first floor), For the Nuclear Regulatory Commission. renewal period (up to 20 years for each Rockville, Maryland, or from the Daniel M. Gillen, licensing action). The significance of Publicly Available Records component environmental impacts were analyzed of NRC’s Agencywide Documents Deputy Director, Decommissioning Directorate Division of Waste Management for each of nearly 100 issues. Thereafter, Access and Management System and Environmental Protection, Office of the NRC categorized which of these (ADAMS). ADAMS is accessible at Nuclear Material Safety and Safeguards. analyses could be applied to all plants http://www.nrc.gov/reading-rm/ [FR Doc. E5–5357 Filed 9–30–05; 8:45 am] and whether additional mitigation adams.html, which provides access measures would be warranted for each through the NRC’s Electronic Reading BILLING CODE 7590–01–P environmental issue. Of the 92 issues Room link. Persons who do not have analyzed, 69 issues were resolved access to ADAMS, or who encounter NUCLEAR REGULATORY generically, 21 require a further site- problems in accessing the documents COMMISSION specific analysis that applicants are located in ADAMS, should contact the required to address, and 2 require a site- NRC’s PDR Reference staff at 1–800– Notice of Extension of the Public specific assessment by the NRC. As part 397–4209, or 301–415–4737, or by Comment Period for Scoping Process of its application to renew its operating e-mail to [email protected]. The GEIS, its To Prepare an Environmental Impact license, an applicant submits a Addendum 1, and its supplements may Statement for the License Renewal of supplemental environmental report and also be viewed on the Internet at Nuclear Power Plants the NRC staff develops a site-specific http://www.nrc.gov/reading-rm/doc- supplement to the GEIS and includes a collections/nuregs/staff/sr1437. As On June 3, 2003, the U.S. Nuclear recommendation for each license indicated, the NRC prepares site- Regulatory Commission (the renewal application. The environmental specific supplements to the GEIS for Commission) issued a Notice of Intent protection regulations for any NRC each license renewal application To Prepare an Environmental Impact licensing action is contained in 10 CFR assessing the environmental impacts Statement for the License Renewal of Part 51 and may be viewed on the specific to that power plant location; Nuclear Power Plants and To Conduct Internet at http://www.nrc.gov/reading- these reports may be useful to scoping Scoping Process in the Federal Register rm/doc-collections/cfr/part051/ participants to understand the (68 FR 33209). Notice is hereby given index.html. The license renewal process environmental review process and the that the Commission has extended the also includes a safety review and environmental issues associated with public comment period for the scoping inspections prior to issuance of a the review for license renewal. The process on the update to the ‘‘Generic renewed license. supplements to the GEIS also can be Environmental Impact Statement (GEIS) In the introductory remarks to viewed on the Internet in the context for for License Renewal of Nuclear Plants,’’ Appendix B to Subpart A of Part 51, each project and are listed by project at NUREG–1437 (May 1996) and ‘‘Environmental Effects of Renewing the http://www.nrc.gov/reactors/operating/ Addendum 1 (August 1999). The Operating License of a Nuclear Power licensing/renewal/applications.html. comments already received by the Plant,’’ the Commission stated that, on The update of the GEIS is a generic Commission will be considered; this a 10-year cycle, it intends to review the activity; therefore, is not the appropriate provides additional opportunity for material in Table B–1 and update it, if forum to consider site-specific issues or public to reflect on issues that may have necessary. This update effort began in concerns. emerged during the period that this 2003; the goal of the NRC staff is to In keeping with the framework project was inactive. The public complete this GEIS Update Project by outlined under the National comment period is extended to the end of 2009. Environmental Policy Act, the NRC December 30, 2005. The purpose of this notice is to inform conducts this scoping process for the In 1996 and 1999, the Commission the public that the NRC continues to update to the GEIS and, thereafter, plans amended its environmental protection plan to prepare an environmental to prepare a draft addendum to the GEIS regulations in 10 CFR Part 51, impact statement (EIS), in this case it is for public comment outlining the results ‘‘Environmental Protection Regulations an update to the GEIS, and to provide of the NRC review. Participation in the for Domestic Licensing and Related the public an additional opportunity to scoping process by members of the Regulatory Functions,’’ to improve the participate in the environmental public and local, State, Tribal, and efficiency of the environmental review scoping process, as defined in 10 CFR Federal government agencies is process for applicants seeking to renew 51.29. The scoping process is the initial encouraged. The scoping process for the a nuclear power plant operating license opportunity for stakeholder addendum to the GEIS will be used to for up to an additional 20 years. The participation in the GEIS update and it accomplish the following: final rules were published in the occurs before the NRC has determined a. Determine whether the purpose and Federal Register on December 18, 1996 results or recommendations for the need for the update (the proposed (61 FR 66546), and September 3, 1999 update. The environmental review action) is clear. (64 FR 48507). The amendments are process for license renewal will b. Determine the scope of the based on the analyses reported in continue under the current regulatory addendum to the GEIS and identify

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whether there are any significant issues ADAMS, should contact the NRC’s PDR final rule amendments will accompany that should be analyzed in depth. Reference staff at 1–800–397–4209, or the draft and final addendum to the c. Identify and eliminate from 301–415–4737, or by e-mail to GEIS. detailed study those issues that are [email protected]. For Further Information Contact: Mr. peripheral or that are not significant or Members of the public may send any Barry Zalcman, License Renewal and which have been covered by prior additional written comments on the Environmental Impacts Program, environmental review. environmental scope of the GEIS Update Division of Regulatory Improvement d. Identify any environmental Project to the Chief, Rules and Programs, U.S. Nuclear Regulatory assessments and other EISs that are Directives Branch, Division of Commission, Washington, DC 20555. being or will be prepared that are Administrative Services, Office of Mr. Zalcman may be contacted by related to, but are not part of the scope Administration, Mailstop T–6D59, U.S. telephone at 1–800–368–5642, of the addendum to the GEIS being Nuclear Regulatory Commission, extension 2419, or by e-mail at considered. Washington, DC 20555–0001, and [email protected]. e. Identify other environmental should cite the publication date and Dated at Rockville, Maryland, this 27th day review and consultation requirements page number of this Federal Register of September, 2005. related to the proposed action. notice. Comments may also be delivered For the Nuclear Regulatory Commission. f. Indicate the relationship between to Room T–6D59, Two White Flint Jacob Zimmerman, the timing of the preparation of the North, 11545 Rockville Pike, Rockville, environmental analyses and the Maryland, from 7:30 a.m. to 4:15 p.m. Acting Program Director, License Renewal and Environmental Impacts Program, Commission’s tentative planning and during Federal workdays. To be Division of Regulatory Improvement decision-making schedule. considered in the scoping process, Programs, Office of Nuclear Reactor g. Identify any cooperating agencies written comments should be Regulation. and, as appropriate, allocate postmarked by December 30, 2005. [FR Doc. E5–5356 Filed 9–30–05; 8:45 am] assignments for preparation and Additional electronic comments may be BILLING CODE 7590–01–P schedules for completing the addendum sent by e-mail to the NRC at to the GEIS to the NRC and any [email protected]. Electronic cooperating agencies. submissions should be sent no later PACIFIC NORTHWEST ELECTRIC h. Describe how the addendum to the than December 30, 2005, to be POWER AND CONSERVATION GEIS will be prepared including any considered timely in the scoping PLANNING COUNCIL contractor assistance to be used. process. Comments will be available The NRC invites the following entities electronically and accessible through Columbia River Basin Fish and Wildlife to participate in the scoping process: the NRC’s Electronic Reading Room link Program Subbasin Plan Amendments a. Any Federal agency that has at http://www.nrc.gov/reading-rm/ jurisdiction by law or special expertise adams.html. AGENCY: Pacific Northwest Electric with respect to any environmental At the conclusion of the scoping Power and Conservation Planning impact involved, or that is authorized to process, the NRC will prepare a Council (Northwest Power and develop and enforce relevant summary of the determinations and Conservation Council; Council). environmental standards. conclusions reached, including the ACTION: Notice of final adoption of the b. Any affected State and local significant issues identified, and will subbasin plan amendments to the government agencies, including those send a copy of the summary to Council’s Columbia River Basin and authorized to develop and enforce participants in the scoping process. The Wildlife Program (Fish and Wildlife relevant environmental standards. summary also will be available for Program). c. Any affected Indian tribe. inspection at the NRC PDR or through d. Any person who requests or has the Electronic Reading Room link. If SUMMARY: The Pacific Northwest requested an opportunity to participate necessary, the staff will then prepare Electric Power Planning and in the scoping process. and issue for comment the draft Conservation Act of 1980 (U.S.C. 839 et The scoping process for an EIS may addendum to the GEIS, which will be seq.) (the Power Act) requires the include a public scoping meeting to the subject of a separate Federal Northwest Power and Conservation help identify significant issues related Register notice, to report the results of Council to adopt and periodically to a proposed activity and to determine the NRC’s review. At this time, the NRC review and amend the Fish and Wildlife the scope of issues to be addressed in an plans to conduct separate public Program. The program must be designed EIS. The NRC conducted four public meetings, at similar locations as the to protect, mitigate and enhance the fish meetings on the GEIS in July 2003. public scoping meetings, on the draft and wildlife affected by the These meetings were transcribed; the addendum to the GEIS. Copies of the development and operation of the transcripts are available for public draft addendum to the GEIS will be hydroelectric facilities of the Columbia inspection at the NRC PDR or from the available for public inspection at the River and its tributaries, while also Publicly Available Records component above-mentioned address, and one copy assuring the region of an adequate, of NRC’s ADAMS. ADAMS is accessible per request will be provided free of efficient, economical and reliable power at http://www.nrc.gov/reading-rm/ charge. After receipt and consideration supply. adams.html, which provides access of the comments on the draft, the NRC On August 12, 2002, pursuant to through the NRC’s Electronic Reading will prepare a final addendum to the Section 4(h) of the Power Act, the Room link. Written comments already GEIS, which will also be available for Council requested in writing that state received by the Commission are public inspection. Should the review and federal fish and wildlife agencies, available electronically and accessible indicate that one or more environmental Indian tribes and others submit through the NRC’s Electronic Reading issues enumerated in Appendix B to recommendations for amendments to Room link in ADAMS. As described Subpart A of Part 51, ‘‘Environmental the Fish and Wildlife Program. The above, persons who do not have access Effects of Renewing the Operating Council requested recommendations for to ADAMS, or who encounter problems License of a Nuclear Power Plant,’’ objectives and measures for the program in accessing the documents located in requires change, then the proposed and at the subbasin level, to be submitted in

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the form of a subbasin plan for each 820–2370. The Council’s Web site is 2. October 24, 2005: Deadline for subbasin or as possible elements for a http://www.nwcouncil.org. reply comments to Notice of Inquiry No. 1. subbasin plan. Stephen L. Crow, 3. October 31, 2005: Revised deadline On May 28, 2004, the Council Executive Director. for participants to reply to Petition of received proposed subbasin plans for 59 [FR Doc. 05–19760 Filed 9–30–05; 8:45 am] J.P. Morgan Chase & Co. to Reopen subbasins of the Columbia River, BILLING CODE 6450–AJ–M Record (previously September 29, 2005). formally recommended for amendment ADDRESSES: Submit comments into the Council’s Fish and Wildlife electronically via the Commission’s Program. The Council then engaged in PEACE CORPS Filing Online system at http:// the lengthy public review process www.prc.gov. required by the Power Act for Privacy Act of 1974; Systems of recommended program amendments, Records FOR FURTHER INFORMATION CONTACT: including notice and public review and Stephen L. Sharfman, general counsel, AGENCY: Peace Corps at 202–789–6818. comment on the recommendations and ACTION: Correction—Notice of SUPPLEMENTARY INFORMATION: notice, comment and public hearings in Modification to Existing System of all four states of the Columbia basin on Records. I. Procedural History proposed draft amendments based on 69 FR 39520 (June 30, 2004). the recommendations. SUMMARY: Pursuant to the Privacy Act of 1974, the Peace Corps is issuing public 69 FR 41311 (July 8, 2004). Following the required public review, notice that one of its systems of records 70 FR 13551 (March 21, 2005). the Council formally adopted as is being re-numbered. II. Background amendments into the Fish and Wildlife FOR FURTHER INFORMATION CONTACT: Program subbasin plans for 57 Columbia On September 14, 2005, J.P. Morgan Marianne Manheim, (202) 692–1186. basin subbasins, based on the Chase & Co. (Chase) filed a petition to SUPPLEMENTARY INFORMATION: The Peace recommendations submitted. The reopen the record in this docket so that Corps published a notice of its proposal Council made its decisions to adopt the it can provide supplemental information to create a new system of records, PC– subbasin plan amendments at its public for the Commission’s reconsideration of 26 Antimalarial Tolerance Survey. the Bank One Opinion and meetings in December 2004, February Federal Register: July 16, 2004 (Volume 2005, May 2005 and June 2005. At its Recommended Decision Approving 69, Number 136, pages 42784–42785), as Negotiated Service Agreement issued September 2005 public meeting, the corrected at Federal Register: August 3, December 17, 2004.1 Chase argues that Council concluded its subbasin plan 2004 (Volume 69, Number 148, page it has been denied due process, and program amendment process by 46629). This system is being unless it has a timely opportunity to adopting, as part of its program, a renumbered as PC–27 Antimalarial supplement the record, a profound document describing the subbasin plan Tolerance Survey. No other injustice will result. amendment process, making written modifications to the system of records If the Commission grants the Chase findings explaining the Council’s are being made. Petition, issues potentially may be disposition of the amendment This modification is effective on the considered related to negotiated service recommendations, and explaining how date of publication. agreements based solely on pure the Council responded to the public Dated: September 23, 2005. volume-based discounts. These novel comment on the recommendations and Gilbert Smith, issues may not have been fully draft program amendments. This Associate Director for Management. considered or litigated under the 2 documents also serves as a Statement of [FR Doc. 05–19772 Filed 9–30–05; 8:45 am] original Bank One Request. The Bank Basis and Purpose for the Council’s BILLING CODE 6015–01–M One Request was filed as a request to decision. consider a negotiated service agreement The subbasin plans amended into the functionally equivalent to the Capital program and the program document POSTAL RATE COMMISSION One negotiated service agreement based on a declining block rate volume with the findings on recommendations [Docket No. MC2004–3; Order No. 1444] discount element and an address and responses to comments may be correction cost savings element. found on the Council’s Web site, at Petition To Reopen Record On September 27, 2005, the http://www.nwcouncil.org/fw/ AGENCY: Postal Rate Commission. Commission issued Notice of Inquiry subbasinplanning/Default.htm. ACTION: Notice and order. No. 1 Regarding Status of Settlement FOR FURTHER INFORMATION CONTACT: If Agreement (NOI) seeking comments as you would like a copy of the subbasin SUMMARY: This document provides the to the status of the settlement agreement plan program amendments, please go to public with notice that a petition signed by a majority of the participants the Council’s Web site at the address seeking to reopen the record in the in the Bank One case, and seeking above. The subbasin plan program will Commission’s pending reconsideration further background information also soon be available on a compact disc of the Bank One negotiated service agreement has been filed. It notes that 1 Petition of J.P. Morgan Chase & Co. to Reopen or in printed form. For more the petition, if granted, could expand Record, September 14, 2005 (Chase Petition). Bank information, please contact the the scope of reconsideration. It also One Corporation, the original party in this case, merged with J.P. Morgan Chase & Co. on July 1, Council’s central office for assistance. notes that a companion notice of inquiry The Council’s address is 851 SW. Sixth 2004. The merged entity now refers to itself as J.P. has been issued and identifies several Morgan Chase & Co. Avenue, Suite 1100, Portland, Oregon new or revised comment deadlines. 2 Request of the United States Postal Service for 97204. The Council’s telephone a Recommended Decision on Classifications, Rates DATES: 1. October 14, 2005: Deadline for numbers are 503–222–5161 and 800– and Fees to Implement Functionally Equivalent filing comments to Notice of Inquiry No. Negotiated Service Agreement with Bank One 452–5161, and the FAX number is 503– 1. Corporation, June 21, 2004 (Bank One Request).

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necessary to evaluate the Chase Petition. IV. Revised Deadline for Comments on Smaller Public Companies is providing Two of the questions posed in the NOI, Chase Petition notice that it will hold a public meeting pertaining to adequacy of notice, and to Presiding Officer’s Ruling Granting on Friday, October 14, 2005, at the use of the Bank One record for the Postal Service Motion for a Stay and Columbia Law School, Jerome Green setting standards for negotiated service Establishing a Date for Replies to the J.P. Hall, Room 103, 435 West 116th Street, agreements predicated on pure volume- Morgan Chase Petition was issued on New York, New York, at 1 p.m. The based discounts, may be of interest to September 15, 2005 (P.O. Ruling No. meeting will be audio webcast on the interested persons who have not MC2004–3/9). This ruling established a Commission’s Web site at http:// intervened in the Bank One case. The September 29, 2005 date for participants www.sec.gov. The agenda for the meeting includes Commission invites both participants to provide responses to the Chase hearing oral testimony, primarily from and interested persons who have not Petition. It also stayed previously investors in small cap companies, and intervened in the Bank One case to scheduled dates for comments and reply considering written statements that have comment on these or any other comments in regard to the questions posed in the NOI. Comments been filed with the Advisory Committee Commission’s reconsideration of the may be submitted on or before October in connection with the meeting. Bank One decision. In light of the 14, 2005. Reply comments may be Due Date: Written statements should Commission’s need to obtain more submitted on or before October 24, be received on or before October 7, information before issuing a ruling on 2005. 2005. NOI questions 6 and 7 may be of the Chase Petition, the date for responses to the Chase Petition shall be ADDRESSES: Written statements may be interest to interested persons who have submitted by any of the following not intervened in the Bank One case, extended until October 31, 2005. The Secretary shall arrange for methods: and are repeated below. NOI question 6: The Commission has publication of this notice and order in Electronic Statements the Federal Register. noted, in PRC Order No. 1443, that • Use the Commission’s Internet adequacy of notice is an extremely III. Ordering Paragraphs submission form (http://www.sec.gov/ important issue especially where a info/smallbus/acspc.shtml); or It is ordered: • request has been filed under expedited 1. Comments in response to Notice of Send an e-mail message to rule- rules for functionally equivalent Inquiry No. 1 Regarding Status of [email protected]. Please include File agreements. The functionally equivalent Settlement Agreement, issued Number 265–23 on the subject line; or rules are meant to send a clear signal September 27, 2005, may be submitted that no new major issues are present in Paper Statements on or before October 14, 2005. Reply the request. Reopening the record opens • Send paper statements in triplicate comments may be submitted on or the possibility for consideration of novel to Jonathan G. Katz, Committee before October 24, 2005. Interested issues related to pure volume-based Management Officer, Securities and persons who have chosen not to discount negotiated service agreements. Exchange Commission, 100 F Street, NE, intervene in the Bank One case also are Interested persons who have not Washington, DC 20549–9303. invited to provide comments. intervened in this docket potentially All submissions should refer to File 2. The date for participants to reply to may allege that inadequate notice has No. 265–23. This file number should be the Petition of J.P. Morgan Chase & Co. been provided to alert them to the included on the subject line if e-mail is to Reopen Record previously existence of novel and precedent setting used. To help us process and review established by P.O. Ruling No. MC2004– issues. How should the Commission your statement more efficiently, please 3/9 shall be extended until October 31, view this potential problem, and what use only one method. The Commission 2005. possible steps can the Commission take staff will post all statements on the 3. The Secretary shall arrange for to alleviate this situation? Advisory Committee’s Web site (http:// NOI question 7: The Bank One publication of this notice and order in www.sec.gov./info/smallbus/ negotiated service agreement is based on the Federal Register. acspc.shtml). a declining block rate volume discount By the Commission. Statements also will be available for element and an address correction cost Steven W. Williams, public inspection and copying in the savings element. The Bank One Secretary. Commission’s Public Reference Room, negotiated service agreement request [FR Doc. 05–19707 Filed 9–30–05; 8:45 am] 100 F Street, NE., Washington, DC was filed as an agreement functionally BILLING CODE 7710–FW–P 20549. All statements received will be equivalent to the Capital One negotiated posted without change; we do not edit service agreement, which also included personal identifying information from volume discount and cost savings SECURITIES AND EXCHANGE submissions. You should submit only elements. The Bank One record was COMMISSION information that you wish to make developed considering both elements. available publicly. Reopening the Bank One record [Release Nos. 33–8619; 34–52522, File No. Persons wishing to provide oral potentially will lead to the 265–23] testimony at the meeting should contact consideration of issues directly related the SEC staff person listed below by to negotiated service agreements based Advisory Committee on Smaller Public October 7, 2005 and submit a written solely on pure volume-based discounts. Companies; Meeting statement by the deadline for written Given this potential, both participants AGENCY: Securities and Exchange statements. Sufficient time may not be and interested persons who have not Commission. available to accommodate all those intervened in this docket are invited to ACTION: Notice of Meeting of SEC wishing to provide oral testimony. The comment on the use of the Bank One Advisory Committee on Smaller Public Co-Chairs of the Advisory Committee docket to potentially decide issues Companies. have reserved the right to select and related to negotiated service agreements limit the time of witnesses permitted to based solely on pure volume-based The Securities and Exchange testify at the Advisory Committee discounts. Commission Advisory Committee on meeting.

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FOR FURTHER INFORMATION CONTACT: I. Self-Regulatory Organization’s products have not been rolled out on the Kevin M. O’Neill, Special Counsel, at Statement of the Terms of Substance of ANTE System. The specialist in these (202) 551–3260, Office of Small the Proposed Rule Change products is concerned that the Business Policy, Division of Corporation Amex proposes to amend (1) Amex theoretical price calculator provided by Finance, Securities and Exchange Rule 900–ANTE to provide a revised the ANTE System may not accurately Commission, 100 F Street, NE., date for the completion of the price the options on these indexes. The Washington, DC 20549–3628. implementation of the ANTE System (as specialist is currently waiting for his own theoretical index price calculator, SUPPLEMENTARY INFORMATION: In defined herein) to all option classes; and which has been installed, to accordance with Section 10(a) of the (2) Amex Rule 935–ANTE, Commentary successfully calculate prices for these Federal Advisory Committee Act, 5 .01 to establish a revised date for indexes and the options. Amex expects U.S.C.-App. 1, section 10(a), and the increased floor broker functionality in that the MNX/NDX specialist will have regulations thereunder, Gerald J. the ANTE System. The text of the its proprietary calculator in place by Laporte, Designated Federal Officer of proposed rule change is available on October 31, 2005. the Committee, has ordered publication Amex’s Web site (http:// Amex is now proposing to further of this notice. www.amex.com), at Amex’s Office of the Secretary, and at the Commission’s revise its implementation schedule to Dated: September 28, 2005. Public Reference Room. provide that the remaining two option Jonathan G. Katz, classes will be on the ANTE System by Committee Management Officer. II. Self-Regulatory Organization’s October 31, 2005. Maintaining two [FR Doc. 05–19802 Filed 9–29–05; 12:26 pm] Statement of the Purpose of, and systems for the trading of options—the Statutory Basis for, the Proposed Rule BILLING CODE 8010–01–P legacy system (XTOPS, AODB and Change Auto-Ex) and ANTE—is costly. As a In its filing with the Commission, result, the Exchange is working SECURITIES AND EXCHANGE Amex included statements concerning diligently to have all option classes on COMMISSION the purpose of, and basis for, the the ANTE System by October 31, 2005, proposed rule change, as amended, and so that it can retire its legacy systems. [Release No. 34–52504; File No. SR–Amex– discussed any comments it received on Increased Floor Broker Functionality— 2005–086] the proposal. The text of these Rule 935–ANTE statements may be examined at the Self-Regulatory Organizations; places specified in Item IV below. The Amex Rule 935–ANTE(b) provides for American Stock Exchange LLC; Notice Exchange has prepared summaries, set the post trade allocation of contracts of Filing and Immediate Effectiveness forth in Sections A, B, and C below, of executed as the result of the submission of Proposed Rule Change and the most significant aspects of such of orders to trade with orders in the Amendment No. 1 Revising the statements. ANTE Central Book. Under this rule, if Implementation Date for the ANTE more than one ANTE Participant 8 and/ System A. Self-Regulatory Organization’s or floor broker representing a customer Statement of the Purpose of, and order submits an order to trade with an September 23, 2005. Statutory Basis for, the Proposed Rule order in the ANTE Central book within Change Pursuant to Section 19(b)(1) of the a period not to exceed five seconds after Securities Exchange Act of 1934 1. Purpose the initial ANTE Participant has (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 submitted its order, all those ANTE Revised Implementation Date—Amex notice is hereby given that on Participants and/or floor brokers’ Rule 900–ANTE September 1, 2005, the American Stock customers will be entitled to participate Exchange LLC (‘‘Amex’’ or ‘‘Exchange’’) On May 20, 2004, the Commission in the allocation of any executed filed with the Securities and Exchange approved Amex’s proposal to contracts. Amex represents that the Commission (‘‘Commission’’) the implement a new options trading ANTE System is currently unable to proposed rule change as described in platform known as the Amex New provide the functionality necessary for Items I and II below, which items have Trading Environment (‘‘ANTE’’) floor brokers representing customer been prepared by Amex. On September System.6 On May 25, 2004, Amex began orders in the trading crowd the ability 20, 2005, the Exchange filed rolling out the ANTE System on its to directly participate in the post trade Amendment No. 1 to the proposed rule trading floor on a specialist’s post-by- allocation of orders taken off the Central change.3 Amex filed the proposal, as specialist’s post basis. At that time, it Book. Commentary .01 to Amex Rule amended, as a ‘‘non-controversial’’ was anticipated the roll-out would be 935–ANTE provides a temporary proposed rule change pursuant to completed by the end of the second methodology for the specialist to Section 19(b)(3)(A)(iii) of the Act 4 and quarter of 2005. The implementation disengage the post trade allocation Rule 19b–4(f)(6) thereunder.5 The date for the full roll-out of the ANTE system in a specific series, which allows Commission is publishing this notice to System was subsequently extended to the floor broker to alert the specialist solicit comments on the proposed rule August 31, 2005.7 Amex has now rolled within the five second timeframe change, as amended, from interested out the ANTE System to all its option whenever his customer wants to persons. classes except two—the Nasdaq 100 participate in post trade allocation, and Index (‘‘NDX’’) and the Mini Nasdaq allows the specialist to provide for the 1 15 U.S.C. 78s(b)(1). Index (‘‘MNX’’). Amex represents that customer’s participation in post trade 2 17 CFR 240.19b–4. there are specific reasons why these allocation when appropriate. The 3 Amendment No. 1 clarified that the proposed Commission approved the procedures rule change was being submitted under Section 6 See Securities Exchange Act Release No. 49747 19(b)(3)(A)(iii) of the Act and Rule 19b–4(f)(6) (May 20, 2004) 69 FR 30344 (May 27, 2004) (‘‘Initial 8 Amex Rule 900–ANTE(b)(45) defines ‘‘ANTE thereunder. Approval of ANTE System’’). Participant’’ as either the specialist and/or 4 15 U.S.C. 78s(b)(3)(A)(iii). 7 See Securities Exchange Act Release No. 51965 registered options trader(s) assigned to trade a 5 17 CFR 240.19b–4(f)(6). (July 1, 2005) 70 FR 40082 (July 12, 2005). specific options class on the ANTE System.

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set forth in Commentary .01 as a pursuant to Section 19(b)(3)(A)(iii) of IV. Solicitation of Comments ‘‘reasonable, temporary solution.’’ 9 the Act 12 and subparagraph (f)(6) of Commentary .01 to Amex Rule 935– Rule 19b–4 thereunder.13 Amex Interested persons are invited to ANTE also originally provided that the represents that the foregoing rule change submit written data, views, and ANTE System will give floor brokers does not: (i) Significantly affect the arguments concerning the foregoing, greater functionality accessing the protection of investors or the public including whether the proposed rule Central Book on March 31, 2005 or such interest; (ii) impose any significant change is consistent with the Act. other date as established by the burden on competition; and (iii) by its Comments may be submitted by any of Exchange and submitted to the terms, does not become operative for 30- the following methods: Commission pursuant to Section 19(b) days after the date of this filing, or such Electronic Comments of the Act. The Exchange subsequently shorter time as the Commission may established August 31, 2005, as the date designate if consistent with the • Use the Commission’s Internet the increased functionality will be protection of investors and the public comment form (http://www.sec.gov/ available in the ANTE System. Due to a interest. The Exchange has requested rules/sro.shtml); or that the Commission waive the five-day delay in the roll out of the increased • Send an e-mail to rule- pre-filing requirement and the 30-day floor broker functionality, the Exchange [email protected]. Please include File operative delay period for ‘‘non- now proposes to establish October 31, Number SR–Amex–2005–086 on the controversial’’ proposals and make the 2005 as the date set forth in subject line. Commentary .01 to Amex Rule 935– proposed rule change, as amended, ANTE for such increased functionality. effective and operative upon filing. Paper Comments The Commission has determined to 2. Statutory Basis waive the five-day pre-filing • Send paper comments in triplicate The Exchange believes that the requirement and the 30-day operative to Jonathan G. Katz, Secretary, proposed rule change is consistent with delay period.14 The Commission notes Securities and Exchange Commission, Section 6(b) of the Act 10 in general and that Amex has represented that the 100 F Street, NE., Washington, DC furthers the objectives of Section 6(b)(5) theoretical price calculators for the final 20549–9303. of the Act,11 in particular, in that it is two options classes are not installed All submissions should refer to File designed to prevent fraudulent and and/or functioning properly and that it Number SR–Amex–2005–086. This file manipulative acts and practices and to has not yet implemented the number should be included on the promote just and equitable principles of functionality for floor brokers subject line if e-mail is used. To help the trade, to foster cooperation and representing customer orders. The Commission process and review your coordination with persons engaged in Commission believes that extending the comments more efficiently, please use regulating, clearing, settling, processing deadline for implementing Amex Rules only one method. The Commission will information with respect to and 900– and 935–ANTE by two months post all comments on the Commission’s facilitating transactions in securities, to should afford Amex the time needed to Internet Website (http://www.sec.gov/ remove impediments to and perfect the install and/or fix the theoretical price rules/sro.shtml). Copies of the mechanism of a free and open market calculators and to implement the floor submission, all subsequent and a national market system, and in broker customer order functionality. amendments, all written statements general, to protect investors and the Furthermore, the Commission believes with respect to the proposed rule public interest; and is designed to that it is in the interest of investors and change that are filed with the prohibit unfair discrimination between the public to delay implementation of Commission, and all written customers, issuers, brokers and dealers. the ANTE system until all of the communications relating to the components are in place and B. Self-Regulatory Organization’s proposed rule change between the functioning properly. Therefore, the Statement on Burden on Competition Commission and any person, other than foregoing rule change has become those that may be withheld from the The Exchange does not believe that immediately effective and operative public in accordance with the the proposed rule change, as amended, upon filing pursuant to Section provisions of 5 U.S.C. 552, will be will impose any burden on competition 19(b)(3)(A)(iii) of the Act 15 and Rule available for inspection and copying in that is not necessary or appropriate in 19b–4(f)(6) thereunder.16 the Commission’s Public Reference furtherance of the purposes of the Act. At any time within 60-days of the Room. Copies of such filing also will be C. Self-Regulatory Organization’s filing of the proposed rule change, the available for inspection and copying at Statement on Comments on the Commission may summarily abrogate Amex’s Office of the Secretary. All Proposed Rule Change Received From such rule change if it appears to the comments received will be posted Members, Participants, or Others Commission that such action is without change; the Commission does necessary or appropriate in the public not edit personal identifying No written comments were solicited interest, for the protection of investors, information from submissions. You or received with respect to the proposed or otherwise in furtherance of the should submit only information that rule change. 17 purposes of the Act. you wish to make available publicly. All III. Date of Effectiveness of the submissions should refer to File 12 15 U.S.C. 78s(b)(3)(A)(iii). Proposed Rule Change and Timing for 13 Number SR–Amex–2005–086 and Commission Action 7 CFR 240.19b–4(f)(6). 14 For purposes only of accelerating the operative should be submitted on or before The Exchange has designated the date of this proposal, the Commission has October 24, 2005. proposed rule change, as amended, as a considered the proposed rule’s impact on efficiency, competition, and capital formation. 15 ‘‘non-controversial’’ rule change abrogate the proposed rule change, as amended, U.S.C. 78c(f). under Section 19(b)(3)(C) of the Act, the 15 15 U.S.C. 78s(b)(3)(A)(iii). Commission considers the period to commence on 9 See Initial Approval of ANTE System. 16 17 CFR 240.19b–4(f)(6). September 20, 2005, the date on which Amex 10 15 U.S.C. 78f(b). 17 For purposes of calculating the 60-day period submitted Amendment No. 1. See 15 U.S.C. 11 15 U.S.C. 78f(b)(5). within which the Commission may summarily 78s(b)(3)(C).

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For the Commission, by the Division of II. Self-Regulatory Organization’s charged only to Exchange members Market Regulation, pursuant to delegated Statement of the Purpose of, and through whom the orders are placed. authority.18 Statutory Basis for, the Proposed Rule The proposed options licensing fees Jonathan G. Katz, Change will allow the Exchange to recoup its Secretary. In its filing with the Commission, costs in connection with index licensing [FR Doc. E5–5345 Filed 9–30–05; 8:45 am] Amex included statements concerning fees for the trading of PowerShares ETF BILLING CODE 8010–01–P the purpose of and basis for the options. The fees will be collected on proposed rule change and discussed any every PowerShares ETF option order of comments it received on the proposed a specialist, ROT, firm, non-member SECURITIES AND EXCHANGE rule change. The text of these statements market maker, and broker-dealer COMMISSION may be examined at the places specified executed on the Exchange. The in Item IV below. Amex has prepared Exchange believes that collection of per- [Release No. 34–52510; File No. SR–Amex– summaries, set forth in Sections A, B, contract side licensing fees in 2005–094] and C below, of the most significant connection with PFM, PHJ, and PID aspects of such statements. options orders placed by those market Self-Regulatory Organizations; A. Self-Regulatory Organization’s participants that are the beneficiaries of American Stock Exchange, Inc.; Notice Statement of the Purpose of, and the Exchange’s index license agreements of Filing and Immediate Effectiveness Statutory Basis for, the Proposed Rule is justified and consistent with the rules of Proposed Rule Change To Adopt Change of the Exchange. Options Licensing Fees for Certain The Exchange notes that Amex in 1. Purpose PowerShares ETF Options recent years has revised a number of The Exchange has entered into fees to better align Exchange fees with September 26, 2005. numerous license agreements with the actual cost of delivering services and Pursuant to Section 19(b)(1) of the issuers and owners of indexes for the to reduce Exchange subsidies of such Securities Exchange Act of 1934 purpose of trading options on certain services.6 Implementation of this (‘‘Act’’) 1 and Rule 19b–4 thereunder, 2 ETFs and securities indexes. The proposal is consistent with the notice is hereby given that on requirement to pay an index licensing reduction and/or elimination of these September 19, 2005, the American Stock fee to third parties is a condition to the subsidies. Amex believes that these fees Exchange, Inc. (‘‘Amex’’ or ‘‘Exchange’’) listing and trading of these ETF and will help to allocate to those market filed with the Securities and Exchange index options. In many cases, the participants offering PowerShares ETF Commission (‘‘Commission’’) the Exchange is required to pay a significant options a fair share of the related costs proposed rule change as described in licensing fee to issuers or index owners of offering such options. Items I, II, and III below, which Items that may not be reimbursed. In an effort In connection with the adoption of an have been prepared by Amex. Amex to recoup the costs associated with options licensing fee for PowerShares submitted the proposed rule change certain index licenses, the Exchange has ETF options, the Exchange notes that under Section 19(b)(3)(A) of the Act 3 established a per-contract side licensing the proposal will better align its fee for the orders of specialists, ROTs, and Rule 19b–4(f)(2) thereunder,4 which licensing fees with its competitors. The firms, non-member market makers, and renders the proposal effective upon Exchange also maintains that charging broker-dealers collected on every filing with the Commission. The an options licensing fee, where transaction in certain designated Commission is publishing this notice to applicable, for all market participant products in which such market solicit comments on the proposed rule orders executed on the Exchange except participant is a party.5 change from interested persons. for customer orders is reasonable given The purpose of the proposal is to the competitive pressures in the I. Self-Regulatory Organization’s charge per-contract side licensing fees industry. Accordingly, the Exchange in connection with options on the Statement of the Terms of Substance of seeks, through this proposal, to better following three (3) ETFs (‘‘PowerShares the Proposed Rule Change align its charges with the cost of ETFs’’): providing these products and The Exchange proposes to modify its (1) PowerShares Dividend Achievers Options Fee Schedule by adopting a maintaining the trading floor and Portfolio (symbol: PFM); systems. per-contract side licensing fee for the (2) PowerShares High Growth Rate orders of specialists, registered options Dividend Achievers Portfolio (symbol: 2. Statutory Basis traders (‘‘ROTs’’), firms, non-member PHJ); and market makers, and broker-dealers in (3) PowerShares International The Exchange believes that its connection with transactions in certain Dividend Achievers Portfolio (symbol: proposed rule change is consistent with 7 PowerShares exchange-traded funds PID) Section 6(b) of the Act, in general, and (‘‘ETFs’’). Specifically, Amex seeks to charge furthers the objectives of Section 6(b)(4) of the Act,8 in particular, regarding the The text of the proposed rule change options licensing fees of $0.05, $0.10, equitable allocation of reasonable dues, is available on Amex’s Web site and $0.10 per contract side, in fees, and other charges among exchange http://www.amex.com, at Amex’s connection with options on PFM, PHJ, and PID, respectively, for specialist, members and other persons using principal office, and at the exchange facilities. Commission’s Public Reference Room. ROT, firm, non-member market maker, and broker-dealer orders executed on 6 See Securities Exchange Act Release Nos. 45360 18 the Exchange. In all cases, the fees set 17 CFR 200.30–3(a)(12). (January 29, 2002), 67 FR 5626 (February 6, 2002) 1 15 U.S.C. 78s(b)(1). forth in the Options Fee Schedule are and 44286 (May 9, 2001), 66 FR 27187 (May 16, 2 17 CFR 240.19b–4. 2001). 3 15 U.S.C. 78s(b)(3)(A). 5 See File No. SR–Amex–2005–087 (became 7 15 U.S.C. 78f(b). 4 17 CFR 240.19b–4(f)(2). immediately effective on August 31, 2005). 8 15 U.S.C. 78f(b)(4).

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B. Self-Regulatory Organization’s post all comments on the Commission’s I. Self-Regulatory Organization’s Statement on Burden on Competition Internet Web site (http://www.sec.gov/ Statement of the Terms of Substance of The Exchange does not believe that rules/sro.shtml). Copies of the the Proposed Rule Change the proposed rule change will impose submission, all subsequent amendments, all written statements The purpose of the proposed rule any burden on competition not change is to eliminate DTC’s transfer necessary or appropriate in furtherance with respect to the proposed rule agent drop service (‘‘Drop Service’’). of the purposes of the Act. change that are filed with the Commission, and all written II. Self-Regulatory Organization’s C. Self-Regulatory Organization’s communications relating to the Statement of the Purpose of, and Statement on Comments on the proposed rule change between the Proposed Rule Change Received From Statutory Basis for, the Proposed Rule Commission and any person, other than Change Members, Participants or Others those that may be withheld from the The Exchange has neither solicited public in accordance with the In its filing with the Commission, nor received comments on the proposed provisions of 5 U.S.C. 552, will be DTC included statements concerning rule change. available for inspection and copying in the purpose of and basis for the the Commission’s Public Reference III. Date of Effectiveness of the proposed rule change and discussed any Room. Copies of the filing also will be comments it received on the proposed Proposed Rule Change and Timing for available for inspection and copying at Commission Action rule change. The text of these statements the principal offices of Amex. All may be examined at the places specified The proposed rule change has become comments received will be posted in Item IV below. DTC has prepared effective pursuant to Section without change; the Commission does summaries, set forth in sections (A), (B), 9 19(b)(3)(A)(ii) of the Act and not edit personal identifying and (C) below, of the most significant subparagraph (f)(2) of Rule 19b–4 information from submissions. You aspects of these statements.2 thereunder,10 because it establishes or should submit only information that changes a due, fee, or other charge you wish to make available publicly. All (A) Self-Regulatory Organization’s imposed by Amex. At any time within submissions should refer to File Statement of the Purpose of, and 60 days of the filing of the proposed rule Number SR–Amex–2005–094 and Statutory Basis for, the Proposed Rule change, the Commission may summarily should be submitted on or before Change abrogate such rule change if it appears October 24, 2005. to the Commission that such action is Since 1996, DTC has offered the Drop For the Commission, by the Division of necessary or appropriate in the public Service in order to provide transfer Market Regulation, pursuant to delegated interest, for the protection of investors, agents located outside of New York City, authority.11 or otherwise in furtherance of the New York, with a central location purposes of the Act. Jonathan G. Katz, within Manhattan for receipt of Secretary. securities from banks, broker-dealers, IV. Solicitation of Comments [FR Doc. E5–5347 Filed 9–30–05; 8:45 am] depositories, and shareholders. This Interested persons are invited to BILLING CODE 8010–01–P service enabled transfer agents to submit written data, views, and comply with the New York Stock arguments concerning the foregoing, Exchange (‘‘NYSE’’) Rule 496, which including whether the proposed rule SECURITIES AND EXCHANGE required, among other things, that change is consistent with the Act. COMMISSION transfer agents for NYSE listed Comments may be submitted by any of companies maintain an office or obtain an agent located south of Chambers the following methods: [Release No. 34–52509; File No. SR–DTC– Street in the Borough of Manhattan, City Electronic Comments 2005–13] of New York, where securities could be • Use the Commission’s Internet Self-Regulatory Organizations; The delivered in person for registration of comment form (http://www.sec.gov/ Depository Trust Company; Notice of transfer and could be picked up after rules/sro.shtml); or Filing and Immediate Effectiveness of completion of such registration (often • Send an e-mail to rule- Proposed Rule Change To Eliminate referred to in the industry as a ‘‘drop’’). [email protected]. Please include File the Transfer Agent Drop Service The drop requirement was implemented Number SR–Amex–2005–094 on the when most securities were held in subject line. September 26, 2005. certificated form and were settled with Paper Comments Pursuant to Section 19(b)(1) of the physical delivery. The transfer agents’ presence in lower Manhattan, where the • Send paper comments in triplicate Securities Exchange Act of 1934 1 brokers were also concentrated, to Jonathan G. Katz, Secretary, (‘‘Act’’), notice is hereby given that on facilitated the speedy processing and Securities and Exchange Commission, August 25, 2005, The Depository Trust settlement of securities transactions. Station Place, 100 F Street, NE., Company (‘‘DTC’’) filed with the Washington, DC 20549–9303. Securities and Exchange Commission Today most securities are held in All submissions should refer to File (‘‘Commission’’) the proposed rule ‘‘street name’’ at DTC with transfers of Number SR–Amex–2005–094. This file change described in Items I, II, and III such securities occurring through number should be included on the below, which items have been prepared automated book-entry systems at DTC subject line if e-mail is used. To help the primarily by DTC. The Commission is without the need for the transfer of Commission process and review your publishing this notice to solicit physical certificates, and very few comments more efficiently, please use comments on the proposed rule change transfers and facilitated by the drop in only one method. The Commission will from interested parties. Manhattan. As a result, the NYSE

9 15 U.S.C. 78s(b)(3)(a)(ii). 11 17 CFR 200.30–3(a)(12). 2 The Commission has modified the text of the 10 17 CFR 240.19b–4(f)(2). 1 15 U.S.C. 78s(b)(1). summaries prepared by the DTC.

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amended its Rule 196 to eliminate the securities or funds in the custody or Commission does not edit personal drop requirement.3 control of the clearing agency or for identifying information from DTC believes that the elimination of which it is responsible and does not submissions. You should submit only the NYSE’s drop requirement will result significantly affect the respective rights information that you wish to make in a most transfer agents withdrawing or obligations of the clearing agency or available publicly. All submissions from DTC’s Drop Service. Also, in light persons using the service. At any time should refer to File Number SR–DTC– of an industry-wide move to within sixty days of the filing of such 2005–13 and should be submitted on or dematerialize securities holdings, DTC rule change, the Commission may before October 24, 2005. seeks to discourage the use of physical summarily abrogate such rule change if For the Commission by the Division of certificates by eliminating processing it appears to the Commission that such Market Regulation, pursuant to delegated facilities that makes the use of action is necessary or appropriate in the authority.7 certificates easier. Therefore, because public interest, for the protection of Jonathan G. Katz, the Drop Service no longer serves a need investors, or otherwise in furtherance of Secretary. for DTC participants and termination of the purposes of the Act. [FR Doc. E5–5344 Filed 9–30–05; 8:45 am] the Drop Service will assist in furthering industry initiatives to discontinue the IV. Solicitation of Comments BILLING CODE 8010–01–P use of physical certificates, DTC will no Interested persons are invited to longer provide the Drop Service submit written data, views, and SECURITIES AND EXCHANGE effective September 1, 2005. arguments concerning the foregoing, COMMISSION DTC believes that the proposed rule including whether the proposed rule change is consistent with the change is consistent with the Act. [Release No. 34–52511; File No. SR–NASD– requirements of Section 17A of the Act 4 Comments may be submitted by any of 2005–113] and the rules and regulations the following methods: thereunder applicable to DTC because it Self-Regulatory Organizations; will discourage the use of inefficient Electronic Comments National Association of Securities and outdated securities transfer • Use the Commission’s Internet Dealers; Notice of Filing and methods and services and as such will comment form (http://www.sec.gov/ Immediate Effectiveness of Proposed promote the prompt and accurate rules/sro.shtml) or Rule Change Related to Proactive Limit clearance and settlement of securities • Send an e-mail to rule- Orders transactions. Furthermore, the proposed [email protected]. Please include File September 27, 2005. rule change will not adversely affect the Number SR–DTC–2005–13 on the Pursuant to Section 19(b)(1) of the safeguarding of securities and funds in subject line. Securities Exchange Act of 1934 DTC’s control or custody or for which Paper Comments (‘‘Act’’),1 and Rule 19b–4 thereunder,2 it is responsible. • Send paper comments in triplicate notice is hereby given that on (B) Self-Regulatory Organization’s to Jonathan G. Katz, Secretary, September 22, 2005, the National Statement on Burden on Competition Securities and Exchange Commission, Association of Securities Dealers, Inc. (‘‘NASD’’), through its subsidiary, The DTC does not believe that the 100 F Street, NE., Washington, DC Nasdaq Stock Market, Inc. (‘‘Nasdaq’’), proposed rule change will impose any 20549–9303. filed with the Securities and Exchange burden on competition that is not All submissions should refer to File Commission (‘‘Commission’’) the necessary or appropriate in furtherance Number SR–DTC–2005–13. This file proposed rule change as described in of the purposes of the Act. number should be included on the subject line if e-mail is used. To help the Items I and II below, which Items have (C) Self-Regulatory Organization’s Commission process and review your been prepared by Nasdaq. Pursuant to 3 Statement on Comments on the comments more efficiently, please use Section 19(b)(3)(A) of the Act and Rule 4 Proposed Rule Change Received From only one method. The Commission will 19b–4(f)(6) thereunder, Nasdaq has Members, Participants, or Others post all comments on the Commission’s designated the proposed rule change as No written comments relating to the Internet Web site (http://www.sec.gov/ non-controversial, and therefore the proposed rule change have been rules/sro.shtml). Copies of the proposed rule change is effective upon solicited or received. DTC will notify submission, all subsequent filing. The Commission is publishing the Commission of any written amendments, all written statements this notice to solicit comments on the comments received by the DTC. with respect to the proposed rule proposed rule change from interested persons. III. Date of Effectiveness of the change that are filed with the Proposed Rule Change and Timing for Commission, and all written I. Self-Regulatory Organization’s Commission Action communications relating to the Statement of the Terms of the Substance proposed rule change between the of the Proposed Rule Change The foregoing rule change has become Commission and any person, other than Nasdaq proposes to create a voluntary effective upon filing pursuant to Section those that may be withheld from the 5 proactive limit order type that, if locked 19(b)(3)(A)(iii) of the Act and Rule public in accordance with the 6 or crossed by another accessible market 19b–4(f)(4) thereunder because it is provisions of 5 U.S.C. 552, will be center, will automatically be routed to effecting a change in an existing service available for inspection and copying in that market center for potential of a registered clearing agency that does the Commission’s Public Reference execution. Nasdaq intends to implement not adversely affect the safeguarding of Section, 100 F Street, NE., Washington, the proposed rule change promptly and DC 20549. Copies of such filings also 3 Exchange Act Release No. 51973 (July 5, 2005), will be available for inspection and 70 FR 40094 (July 12, 2005), File No. SR–NYSE– 7 17 CFR 200.30–3(a)(12). 2004–62. copying at the principal office of DTC 1 15 U.S.C. 78s(b)(1). 4 15 U.S.C. 78q–1. and on DTC’s Web site, http:// 2 17 CFR 240.19b–4. 5 15 U.S.C. 78s(b)(3)(A)(iii). www.dtcc.com. All comments received 3 15 U.S.C. 78s(b)(3)(A). 6 17 CFR 240.19b–4(f)(4). will be posted without change; the 4 17 CFR 240.19b–4(f)(6).

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will inform market participants of the external execution venues until it is accessible execution venue displays an exact implementation date via a Head fully executed or no longer marketable. order that locks or crosses the Proactive Trader Alert on http:// The order will thereafter be added to the Limit Order, the order will be removed www.nasdaqtrader.com. Nasdaq Market Center book. Once on from the Nasdaq Market Center book The text of the proposed rule change the book, if another accessible execution and routed to that locking or crossing is below. Proposed new language is in venue displays an order that locks or execution venue for potential execution. italics; proposed deletions are in crosses the Proactive Limit Order, the This proactive routing capability shall brackets. order will be removed from the Nasdaq be available as an option on all Nasdaq * * * * * Market Center book and routed to that Market Center order types that are locking or crossing execution venue for 4701. Definitions eligible for routing to other execution potential execution. venues. Unless stated otherwise, the terms (C) through (F) No Change. Nasdaq notes that a similar order described below shall have the (2) No Change. functionality is already offered by following meaning: (b)–(e) No Change. (a) through (uu) No Change. * * * * * Nasdaq’s Brut Facility as a Super 5 (vv) The term ‘‘Proactive’’ shall mean, Aggressive Cross Order. Nasdaq also II. Self-Regulatory Organization’s for priced limit orders so designated, believes that this functionality will Statement of the Purpose of, and that if marketable upon entry into the reduce the incidence and duration of Statutory Basis for, the Proposed Rule Nasdaq Market Center, the order will locked or crossed markets and improve Change first attempt to execute in the Nasdaq the quality of executions for Nasdaq Market Center and thereafter be sent to In its filing with the Commission, Market Center users. Because of the available external execution venues Nasdaq included statements concerning similarities between the proposed until it is fully executed or no longer the purpose of and basis for the functionality and orders already in use marketable. The order will thereafter be proposed rule change and discussed any in the marketplace as well as the added to the Nasdaq Market Center comments it received on the proposed important market quality benefits the Book. Once on the book, if another rule change. The text of these statements functionality provides, Nasdaq requests accessible execution venue displays an may be examined at the places specified that the Commission waive the 30-day order that locks or crosses the Proactive in Item IV below. Nasdaq has prepared pre-operative waiting period contained Limit Order, the order will be removed summaries, set forth in Sections A, B, in Rule 19b–4(f)(6)(iii) under the Act.6 from the Nasdaq Market Center book and C below, of the most significant 2. Statutory Basis and routed to that locking or crossing aspects of such statements. execution venue for potential execution. A. Self-Regulatory Organization’s Nasdaq believes that the proposed * * * * * Statement of the Purpose of, and rule change is consistent with the 7 4706. Order Entry Parameters Statutory Basis for, the Proposed Rule provisions of Section 15A of the Act, in Change general, and with Section 15A(b)(6) of (a) Non-Directed Orders— the Act,8 in particular, in that it is 1. Purpose (1) General. The following designed to prevent fraudulent and requirements shall apply to Non- Nasdaq is proposing to implement the manipulative acts and practices, to Directed Orders Entered by Nasdaq Proactive Order, an order option that promote just and equitable principles of Market Center Participants: will allow Nasdaq users to enter limit trade, remove impediments to a free and (A) A Nasdaq Market Center order(s) that execute against interest open market and a national market Participant may enter into the Nasdaq posted on the Nasdaq Market Center system, and, in general, to protect Market Center a Non-Directed Order in book, are posted on the book, and then investors and the public interest. In order to access the best bid/best offer as are routed to another available market particular, the proposal will limit the displayed in Nasdaq and other markets center if the limit order’s price is locked length of locked or crossed markets and as set out in Rule 4714. or crossed by that market center. improve the quality of executions for all (B) A Non-Directed Order must be a Currently, limit orders in the Nasdaq Nasdaq Market Center participants. market or limit order, must indicate Market Center that are locked or crossed whether it should be not routed to by other market centers remain inside B. Self-Regulatory Organization’s another market in accordance with Rule the Nasdaq system and are not routed Statement on Burden on Competition 4714, whether it is a buy, short sale, based on their price being locked or short-sale exempt, or long sale, and may crossed. Under this proposal, users Nasdaq does not believe that the be designated as ‘‘Immediate or Cancel’’, would have the option of directing that proposed rule change will result in any ‘‘Day’’, ‘‘Good-till-Cancelled’’, ‘‘Auto- if their limit orders posted on the book burden on competition that is not Ex’’, ‘‘Fill or Return’’, ‘‘Pegged’’, subsequently become locked or crossed necessary or appropriate in furtherance ‘‘Discretionary’’, ‘‘Sweep’’, ‘‘Total Day’’, by prices displayed in another market of the purposes of the Act. ‘‘Total Good till Cancelled’’, [or] ‘‘Total center, the orders will be routed to the C. Self-Regulatory Organization’s Immediate or Cancel[,]’’, [or] locking/crossing market center for Statement on Comments on the ‘‘Summary[.]’’, or ‘‘Proactive’’. potential execution. Specifically, the Proposed Rule Change Received From (i) through (xiii) No change. process would operate as follows: Members, Participants, or Others (xiv) A limit order may be designated If marketable upon entry, the order as ‘‘Proactive,’’ in which case the order will be executed either internally in the Written comments were neither shall be designated as Day, GTC, X, or Nasdaq Market Center or routed to solicited nor received. GTX. A Proactive Order that is available external execution venues marketable upon entry into the Nasdaq until it is fully executed or no longer 5 See NASD Rule 4903(b)(1)(C). Market Center will first attempt to marketable. The order will thereafter be 6 17 CFR 240.19b–4(f)(6)(iii). execute in the Nasdaq Market Center added to the Nasdaq Market Center 7 15 U.S.C. 78o–3. and thereafter be sent to available Book. Once on the book, if another 8 15 U.S.C. 78o–3(b)(6).

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III. Date of Effectiveness of the Station Place, 100 F Street, NE., notice is hereby given that on August Proposed Rule Change and Timing for Washington, DC 20549–9303. 31, 2005, the National Association of Commission Action All submissions should refer to File Securities Dealers, Inc. (‘‘NASD’’), Number SR–NASD–2005–113. This file Because the foregoing proposed rule through its subsidiary, The Nasdaq number should be included on the change does not: (i) Significantly affect Stock Market, Inc. (‘‘Nasdaq’’), filed subject line if e-mail is used. To help the the protection of investors or the public with the Securities and Exchange Commission process and review your interest; (ii) impose any significant Commission (‘‘Commission’’) the comments more efficiently, please use burden on competition; and (iii) become proposed rule change as described in only one method. The Commission will Items I, II, and III below, which Items operative for 30 days from the date on post all comments on the Commission’s which it was filed, or such shorter time have been prepared by the Nasdaq. The Internet Web site (http://www.sec.gov/ Commission is publishing this notice to as the Commission may designate if rules/sro.shtml). Copies of the consistent with the protection of solicit comments on the proposed rule submission, all subsequent change from interested persons. investors and the public interest, it has amendments, all written statements become effective pursuant to Section with respect to the proposed rule I. Self-Regulatory Organization’s 9 19(b)(3)(A) of the Act and Rule 19b– change that are filed with the Statement of the Terms of Substance of 10 4(f)(6) thereunder. Commission, and all written the Proposed Rule Change Nasdaq has requested that the communications relating to the Nasdaq proposes to amend NASD Commission waive the 30-day operative proposed rule change between the Rules 4510 and 4520. The text of the delay. The Commission believes that Commission and any person, other than proposed rule change is below. waiving the 30-day operative delay is those that may be withheld from the Proposed new language is italicized; consistent with the protection of public in accordance with the proposed deletions are in [brackets]. investors and the public interest provisions of 5 U.S.C. 552, will be * * * * * because the proposed change rule available for inspection and copying in would permit Nasdaq to implement an the Commission’s Public Reference 4510. The Nasdaq National Market order type similar to one already in use Room. Copies of the filing also will be (a)–(c) No change. in the marketplace that may offer market available for inspection and copying at quality benefits. Therefore, the (d) Annual Fee—American Depositary the principal office of the NASD. All Receipts (ADRs) and Closed-End Funds. Commission designates the proposal to comments received will be posted (1)–(3) No change. be effective and operative upon filing without change; the Commission does 11 (4) For the purpose of determining the with the Commission. not edit personal identifying total shares outstanding, fund sponsors At any time within 60 days of the information from submissions. You may aggregate shares outstanding of all filing of the proposed rule change, the should submit only information that Closed-End Funds in the same fund Commission may summarily abrogate you wish to make available publicly. such rule change if it appears to the All submissions should refer to File family listed in The Nasdaq National Commission that such action is Number SR–NASD–2005–113 and Market or The Nasdaq SmallCap necessary or appropriate in the public should be submitted on or before Market, as shown in the issuer’s most interest, for the protection of investors, October 24, 2005. recent periodic reports required to be or otherwise in furtherance of the filed with the appropriate regulatory For the Commission, by the Division of purposes of the Act. authority or in more recent information Market Regulation, pursuant to delegated held by Nasdaq. The maximum annual authority.12 IV. Solicitation of Comments fee applicable to a fund family shall not Jonathan G. Katz, Interested persons are invited to exceed $75,000. For purposes of this Secretary. submit written data, views, and rule, a ‘‘fund family’’ is defined as two arguments concerning the foregoing, [FR Doc. E5–5346 Filed 9–30–05; 8:45 am] or more Closed-End Funds that have a including whether the proposed rule BILLING CODE 8010–01–P common investment adviser or have change is consistent with the Act. investment advisers who are ‘‘affiliated persons’’ as defined in Section 2(a)(3) of Comments may be submitted by any of SECURITIES AND EXCHANGE the following methods: the Investment Company Act of 1940, as COMMISSION amended. Electronic Comments [Release No. 34–52515; File No. SR–NASD– (5)–(6) No change. • Use the Commission’s Internet 2005–106] (e) No change. comment form (http://www.sec.gov/ 4520. The Nasdaq SmallCap Market rules/sro.shtml); or Self-Regulatory Organizations; • Send an e-mail to rule- National Association of Securities (a) Entry Fee. [email protected]. Please include File Dealers, Inc.; Notice of Filing of (1)–(2) No change. Number SR–NASD–2005–113 on the Proposed Rule Change by National (3) A closed-end management subject line. Association of Securities Dealers, Inc. investment company registered under Regarding Fees for Closed-End Funds the Investment Company Act of 1940, as Paper Comments Listing on The Nasdaq SmallCap amended (a ‘‘Closed-End Fund’’), that • Send paper comments in triplicate Market submits an application for inclusion of to Jonathan G. Katz, Secretary, September 27, 2005. securities in The Nasdaq SmallCap Securities and Exchange Commission, Pursuant to Section 19(b)(1) of the Market shall pay to the Nasdaq Stock Securities Exchange Act of 1934 Market, Inc. an entry fee of $5,000 (of 9 15 U.S.C. 78s(b)(3)(A). (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 which $1,000 represents a non- 10 17 CFR 240.19b–4(f)(6). refundable, application fee). 11 For purposes of waiving the 30-day operative delay, the Commission has considered the proposed 12 17 CFR 200.30–3(a)(12). ([3]4) The Board of Directors of The rule’s impact on efficiency, competition, and capital 1 15 U.S.C. 78s(b)(1). Nasdaq Stock Market, Inc. or its formation. 15 U.S.C. 78c(f). 2 17 CFR 240.19b–4. designee may, in its discretion, defer or

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waive all or any part of the entry fee National Market fees for that calendar A. Self-Regulatory Organization’s prescribed herein. year. Statement of the Purpose of, and ([4]5) Total shares outstanding means ([5]6) Total shares outstanding means Statutory Basis for, the Proposed Rule the aggregate of all classes of equity the aggregate of all classes of equity Change securities to be included in The Nasdaq securities included in The Nasdaq 1. Purpose SmallCap Market as shown in the SmallCap Market as shown in the issuer’s most recent periodic report or in issuer’s most recent periodic report Currently, Closed-End Funds listing more recent information held by Nasdaq required to be filed with the issuer’s on The Nasdaq SmallCap Market or, in the case of new issues, as shown appropriate regulatory authority or in (‘‘SmallCap Market’’) are required to pay in the offering circular, required to be more recent information held by entry and annual fees according to the filed with the issuer’s appropriate applicable fee schedules set forth in Nasdaq. In the case of foreign issuers, 3 regulatory authority. total shares outstanding shall include NASD Rule 4520. These entry fees ([5]6) An issuer that submits an only those shares issued and range from $25,000 to $50,000 and the application for inclusion of any class of outstanding in the United States. annual fees from $17,500 to $21,000. Pursuant to the rule change, the entry rights in The Nasdaq SmallCap Market, (7) Notwithstanding paragraph (6), for shall pay, at the time of its application, fee for listing a Closed-End Fund on the the purpose of determining the total SmallCap Market will decrease to a non-refundable application fee to The shares outstanding, fund sponsors may Nasdaq Stock Market of $1,000. $5,000 (of which $1,000 is a non- aggregate shares outstanding of all refundable application fee) per fund. ([6]7) The fees described in this Rule Closed-End Funds in the same fund 4520(a) shall not be applicable with Annual fees will be based on the total family listed in The Nasdaq National number of shares outstanding, with a respect to any securities that (i) are Market and The Nasdaq SmallCap listed on a national securities exchange minimum fee of $15,000 and a Market, as shown in the issuer’s most maximum fee of $75,000. For the but not listed on Nasdaq, or (ii) are recent periodic reports required to be listed on the New York Stock Exchange purposes of determining the annual fee, filed with the appropriate regulatory fund sponsors will be permitted to and Nasdaq, if the issuer of such authority or in more recent information securities transfers their listing aggregate the shares outstanding of all held by Nasdaq. The maximum annual Closed-End Funds listed on either The exclusively to the Nasdaq SmallCap fee applicable to a fund family shall not Market. Nasdaq National Market (‘‘National exceed $75,000. For purposes of this Market’’) or the SmallCap Market that ([7]8) The fees described in this Rule rule, a ‘‘fund family’’ is defined as two 4520(a) shall not be applicable to an are part of the same fund family. As a or more Closed-End Funds that have a result, the annual fee may not exceed issuer (i) whose securities are listed on common investment adviser or have the New York Stock Exchange and $75,000 per fund family. For the investment advisers who are ‘‘affiliated purposes of this rule, a ‘‘fund family’’ is designated as national market securities persons’’ as defined in Section 2(a)(3) of pursuant to the plan governing New defined as two or more Closed-End the Investment Company Act of 1940, as Funds that share a common investment York Stock Exchange securities at the amended. time such securities are approved for adviser or investment advisers who are ([6]8) In lieu of the fees described in listing on Nasdaq, and (ii) that ‘‘affiliated persons’’ as defined in Rule 4510(c)(1), the annual fee shall be maintains such listing and designation Section 2(a)(3) of the Investment $15,000 for each issuer (i) whose after it lists such securities on Nasdaq. Company Act of 1940, as amended. securities are listed on the New York Nasdaq believes there are several (b) No change. Stock Exchange and designated as reasons to adopt new fees applicable to (c) Annual Fee. national market securities pursuant to Closed-End Funds listing on the (1)–(2) No change. the plan governing New York Stock SmallCap Market. First, the new annual (3) Notwithstanding paragraph (1), a Exchange securities at the time such fee schedule would accommodate the Closed-End Fund listed on The Nasdaq securities are approved for listing on needs of fund sponsors more effectively SmallCap Market shall pay to The Nasdaq, and (ii) that maintains such than the current fee schedule because Nasdaq Stock Market, Inc. an annual listing and designation after it lists such sponsors often choose to issue and list fee calculated based on total shares securities on Nasdaq. Such annual fee multiple funds in the same family. outstanding according to the following shall be assessed on the first anniversary Currently, each fund that is listed on schedule: of the issuer’s listing on Nasdaq. The SmallCap Market is assessed a Up to 5 million shares ...... $15,000 (d) No change. separate annual fee. Under the proposed 5+ to 10 million shares ...... $17,500 rules, fund families would be permitted 10+ to 25 million shares ...... $20,000 * * * * * 25+ to 50 million shares ...... $22,500 to aggregate shares outstanding of listed 50+ to 100 million shares ...... $30,000 II. Self-Regulatory Organization’s funds to determine the annual fee, 100+ to 250 million shares ...... $50,000 Statement of the Purpose of, and subject to an annual cap of $75,000 per Over 250 million shares ...... $75,000 Statutory Basis for, the Proposed Rule fund family. Change Second, under the proposed rule ([3]4) The Board of Directors of The change, funds listed on the SmallCap Nasdaq Stock Market, Inc. or its In its filing with the Commission, Market would be subject to a schedule designee may, in its discretion, defer or Nasdaq included statements concerning of annual fees identical to that of funds waive all or any part of the annual fee the purpose of, and basis for, the listed on the National Market.4 Because prescribed herein. proposed rule change and discussed any ([4]5) If a class of securities is comments it received on the proposed 3 Closed-End Funds are evaluated for listing on removed from The Nasdaq SmallCap rule change. The text of these statements the SmallCap Market under the general initial Market, that portion of the annual fees may be examined at the places specified listing criteria contained in NASD Rules 4310 and for such class of securities attributable in Item IV below. Nasdaq has prepared 4320. 4 Nasdaq recently adopted new listing fees for to the months following the date of summaries, set forth in sections A, B, Closed-End Funds listing on the National Market. removal shall not be refunded, except and C below, of the most significant See Securities Exchange Act Release No. 52277 such portion shall be applied to Nasdaq aspects of such statements. Continued

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fund families would be permitted to C. Self-Regulatory Organization’s public in accordance with the aggregate shares outstanding across Statement on Comments on the provisions of 5 U.S.C. 552, will be markets for the purposes of calculating Proposed Rule Change Received From available for inspection and copying in the annual fee, Nasdaq believes that Members, Participants, or Others the Commission’s Public Reference matching fee schedules would minimize Written comments were neither Room. Copies of such filing also will be problems that could arise if fund solicited nor received. available for inspection and copying at families listing funds on both the the principal office of Nasdaq. All National Market and SmallCap Market III. Date of Effectiveness of the comments received will be posted were subject to conflicting fee Proposed Rule Change and Timing for without change; the Commission does Commission Action schedules. Although an individual fund not edit personal identifying listing on the SmallCap Market with Within 35 days of the date of information from submissions. You over 25 million total shares outstanding publication of this notice in the Federal should submit only information that you wish to make publicly available. All would be subject to an increase in Register or within such longer period (i) submissions should refer to File annual fees under the proposed rules, as the Commission may designate up to Number SR–NASD–2005–106 and Nasdaq believes the benefits of 90 days of such date if it finds such longer period to be appropriate and should be submitted on or before substantially lower entry fees and the October 24, 2005.7 ability of fund families to aggregate publishes its reasons for so finding, or shares across markets outweigh the (ii) as to which the NYSE consents, the For the Commission, by the Division of Market Regulation, pursuant to delegated burden to funds of the limited fee Commission will: A. By order approve such proposed authority.7 increase. rule change; or Jonathan G. Katz, Finally, in many cases where multiple B. institute proceedings to determine Secretary. funds are listed, the new fee schedule whether the proposed rule change [FR Doc. E5–5354 Filed 9–30–05; 8:45 am] would lower fees payable by Closed-End should be disapproved. BILLING CODE 8010–01–P Funds, thereby benefiting the fund investors that ultimately pay those IV. Solicitation of Comments expenses by reducing the costs Interested persons are invited to DEPARTMENT OF STATE associated with listing fund shares. In submit written data, views, and addition, Nasdaq believes that arguments concerning the foregoing, [Public Notice 5198] establishing lower fees for fund families including whether the proposed rule change is consistent with the Act. 60-Day Notice of Proposed Information would permit Nasdaq to compete more Collection: Form DS–86, Statement of effectively for listings with other Comments may be submitted by any of the following methods: Non-Receipt of a Passport, OMB markets. Control Number 1405–0146 2. Statutory Basis Electronic Comments ACTION: Notice of request for public • Use the Commission’s Internet comments. Nasdaq believes that the proposed comment form (http://www.sec.gov/ rule change is consistent with the rules/sro.shtml); or SUMMARY: The Department of State is 5 • provisions of Section 15A of the Act, in Send an e-mail to rule- seeking Office of Management and general, and with Section 15A(b)(5) of [email protected]. Please include File Budget (OMB) approval for the 6 the Act, in particular, in that it Number SR–NASD–2005–106 on the information collection described below. provides for the equitable allocation of subject line. The purpose of this notice is to allow 60 reasonable fees, dues, and other charges Paper Comments days for public comment in the Federal among members and issuers and other • Register preceding submission to OMB. persons using any facility or system Send paper comments in triplicate We are conducting this process in which the NASD operates or controls. to Jonathan G. Katz, Secretary, accordance with the Paperwork The proposed change to the entry and Securities and Exchange Commission, Reduction Act of 1995. annual fees will apply equally to all Station Place, 100 F Street, NE., • Title of Information Collection: Closed-End Funds listing on The Washington, DC 20549–9303. Statement of Non-Receipt of A Passport Nasdaq SmallCap Market. Furthermore, All submissions should refer to File • OMB Control Number: 1405–0146 Nasdaq believes that the proposed fees Number SR–NASD–2005–106. This file • Type of Request: Extension of the are reasonable and fall within the range number should be included on the currently approved collection of fees charged by other markets. subject line if e-mail is used. To help the • Originating Office: Bureau of Commission process and review your Consular Affairs, Department of State, B. Self-Regulatory Organization’s comments more efficiently, please use Passport Services, Office of Field Statement on Burden on Competition only one method. The Commission will Operations, Field Coordination post all comments on the Commission’s Division. CA/PPT/FO/FC. Nasdaq does not believe that the Internet Web site (http://www.sec.gov/ • Form Number: DS–86 proposed rule change would impose any rules/sro.shtml). Copies of the • Respondents: Individuals or burden on competition that is not submission, all subsequent Households necessary or appropriate in furtherance amendments, all written statements • Estimated Number of Respondents: of the purposes of the Act. with respect to the proposed rule 23,500 change that are filed with the • Estimated Number of Responses: Commission, and all written 23,500 (August 17, 2005), 70 FR 49347 (August 23, 2005) communications relating to the • Average Hours Per Response: 1/12 (SR–NASD–2005–096). proposed rule change between the hr. (5 min.) 5 15 U.S.C. 78o–3. Commission and any person, other than 6 15 U.S.C. 78o–3(b)(5). those that may be withheld from the 7 17 CFR 200.30–3(a)(12).

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• Total Estimated Burden: 2,000 complete a Statement of Non-Receipt of DEPARTMENT OF TRANSPORTATION hours annually A Passport, Form DS–86. Passport • Frequency: On occasion applicants can either download the form Office of the Secretary • Obligation to Respond: Required to from the Internet or pick one up from Obtain a Benefit an Acceptance Facility/Passport Notice of Applications for Certificates DATES: The Department will accept Agency. The form must be completed of Public Convenience and Necessity comments from the public up to 60 days and signed. The form is then submitted and Foreign Air Carrier Permits Filed from December 2, 2005. to the Acceptance Facility/Passport Under Subpart B (Formerly Subpart Q) ADDRESSES: You may submit comments Agency for passport re-issuance. During the Week Ending September 9, by any of the following methods: Dated: September 16, 2005. 2005 • E-mail: [email protected]. Frank Moss, You must include the DS form number The following Applications for (if applicable), information collection Deputy Assistant Secretary for Passport Services, Bureau of Consular Affairs, Certificates of Public Convenience and title, and OMB control number in the Department of State. Necessity and Foreign Air Carrier subject line of your message. Permits were filed under Subpart B • Mail (paper, disk, or CD-ROM [FR Doc. 05–19748 Filed 9–30–05; 8:45 am] BILLING CODE 4710–06–P (formerly Subpart Q) of the Department submissions): Susan Cowlishaw, U.S. of Transportation’s Procedural Department Of State, CA/PPT/FO/FC. Regulations (See 14 CFR 301.201 et 2100 Pennsylvania Avenue, NW., 3rd seq.). The due date for Answers, Floor/Room 3040/SA–29, Washington, DEPARTMENT OF TRANSPORTATION Conforming Applications, or Motions to DC 20037. Modify Scope are set forth below for FOR FURTHER INFORMATION CONTACT: Office of the Secretary each application. Following the Answer Direct requests for additional period DOT may process the application information regarding the collection Aviation Proceedings, Agreements listed in this notice, including requests Filed the Week Ending September 9, by expedited procedures. Such for copies of the proposed information 2005 procedures may consist of the adoption collection and supporting documents, to of a show-cause order, a tentative order, Susan Cowlishaw, U.S. Department Of The following Agreements were filed or in appropriate cases a final order State, CA/PPT/FO/FC. 2100 with the Department of Transportation without further proceedings. Pennsylvania Avenue, NW., 3rd Floor/ under the sections 412 and 414 of the Docket Number: OST–1999–5846. Room 3040/SA–29, Washington, DC Federal Aviation Act, as amended (49 Date Filed: September 8, 2005. 20037, who may be reached on U.S.C. 1382 and 1384) and procedures 202.261.8957 or [email protected]. governing proceedings to enforce these Due Date for Answers, Conforming provisions. Answers may be filed within SUPPLEMENTARY INFORMATION: We are Applications, or Motion to Modify soliciting public comments to permit 21 days after the filing of the Scope: September 29, 2005. application. the Department to: Description: Supplement No. 3 of Docket Number: OST–2005–22408. • Evaluate whether the proposed United Air Lines, Inc. to its pending information collection is necessary for Date Filed: September 7, 2005. Parties: Members of the International application for renewal and amendment the proper performance of our of its experimental certificate of public functions. Air Transport Association. • Subject: Geneva, 4–8 July 2005, TC2 convenience and necessity for Route Evaluate the accuracy of our 566 (U.S.-Mexico) to include authority estimate of the burden of the proposed Europe Middle-East Resolutions, r1–r22. to carry persons, property and mail in collection, including the validity of the Minutes: TC2 Within Middle East, foreign air transportation between methodology and assumptions used. Europe-Middle East (Memo 0208). • Enhance the quality, utility, and Tables: TC2 Europe-Middle East Denver and Cozumel and between clarity of the information to be specified fare table (Memo 0104). Chicago and San Jose del Cabo as well collected. Intended effective date: 1 January as authority to integrate this service • Minimize the reporting burden on 2006. with other services it is authorized to those who are to respond, including the Docket Number: OST–2005–22412. provide by exemptions and certificates use of automated collection techniques Date Filed: September 7, 2005. of public convenience and necessity, or other forms of technology. Parties: Members of the International pursuant to the Department’s Notice Abstract of proposed collection: Air Transport Association. dated August 23, 2005, In the Matter of The Statement of Non-Receipt of A Subject: TC2 Within Middle East, Streamlining Regulatory Procedures for Passport, Form DS–86, is used by the (Memo 0147), r1–r15 Licensing U.S. and Foreign Air Carriers. U.S. Department of State to collect Minutes: TC2 Within Middle East, Docket Number: OST–2005–22228, information for the purpose of issuing a Geneva, 4–8 July 2005, (Memo 0150). OST–2005–22433, OST–2005–22434, replacement passport to customers who Tables: Geneva, 4–8 July 2005, TC2 have not received the passport for Within Middle East (Memo 0054). and OST–2005–22435. which they originally applied. Technical Correction: Geneva, 4–8 Date Filed: September 9, 2005. The information is used by the July 2005, TC2 within Middle East, Due Date for Answers, Conforming Department of State to ensure that no (Memo 0055). Applications, or Motion to Modify person shall bear more than one valid or Intended effective date: 1 January Scope: September 30, 2005. potentially valid U.S. passport at any 2006. one time, except as authorized by the Description: Application of Hawaiian Department, and also aids in combating Renee V. Wright, Airlines, Inc. requesting certificate passport fraud and misuse. Program Manager, Docket Operations, authority from the United States to Methodology: Federal Register Liaison. Australia and Mexico, and related Passport applicants who do not [FR Doc. 05–19701 Filed 9–30–05; 8:45 am] integration authority as provided in the receive their passports are required to BILLING CODE 4910–62–P

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Notice issued by the Department of your request to the warehouse at 301– Estimated Annual Burden Hours: An Transportation on August 26, 2005 386–5394. The AC will also be available estimated 48 hours annually. on the Internet at http://www.faa.gov/, Abstract: The data from this report Renee V. Wright, select ‘‘Regulations and Policies’’ then will be used to target those leading Program Manager, Docket Operations, the link titled ‘‘Advisory Circulars.’’ outsource maintenance providers that Federal Register Liaison. may have a higher risk level which in [FR Doc. 05–19700 Filed 9–30–05; 8:45 am] (Authority: 49 U.S.C. 106(g), 40113, 44701– 44702, 44704) turn would merit an increase of FAA BILLING CODE 4910–62–P surveillance. Issued in Burlington, Massachusetts, on September 16, 2005. ADDRESSES: Send comments to the DEPARTMENT OF TRANSPORTATION Fran A. Favara, Office of Information and Regulatory Affairs, Office of Management and Acting Manager, Engine and Propeller Federal Aviation Administration Directorate, Aircraft Certification Service. Budget, 725 17th Street, NW., Washington, DC 20503, Attention: FAA [FR Doc. 05–19598 Filed 9–30–05; 8:45 am] Advisory Circular 33.4–3, Instructions Desk Officer. for Continued Airworthiness; Aircraft BILLING CODE 4910–13–M Comments are invited on: Whether Engine High Intensity Radiated Fields the proposed collection of information is necessary for proper performance of (HIRF) and Lightning Protection DEPARTMENT OF TRANSPORTATION Features the functions of the Department, Federal Aviation Administration including whether the information will AGENCY: Federal Aviation have practical utility; the accuracy of Administration (FAA), DOT. Agency Information Collection Activity the Department’s estimates of the ACTION: Notice of issuance of advisory Under OMB Review, Request for burden of the proposed information circular. Comments; Clearance of a New collection; ways to enhance the quality, SUMMARY: This notice announces the Information Collection Activity, Air utility and clarity of the information to issuance of Advisory Circular (AC) Carriers Listing of Leading Outsource be collected; and ways to minimize the 33.4–3, Instructions for Continued Maintenance Providers burden of the collection of information Airworthiness; Aircraft Engine High on respondents, including the use of AGENCY: Federal Aviation automated collection techniques or Intensity Radiated Fields (HIRF) and Administration (FAA), DOT. Lightning Protection Features. This AC other forms of information technology. sets forth acceptable methods of ACTION: Notice and request for Issued in Washington, DC, on September compliance for aircraft engines with the comments. 27, 2005. Judith D. Street, provisions of § 33.4, Instructions for SUMMARY: The FAA invites public Continued Airworthiness of Title 14 of comments about our intention to request FAA Information Collection Clearance the Code of Federal Regulations (14 Officer, Information Systems and Technology the Office of Management and Budget’s Services Staff, ABA–20. CFR). This AC provides guidance for (OMB) approval for a new information [FR Doc. 05–19743 Filed 9–30–05; 8:45 am] developing instructions for continued collection. The FAA will use the data airworthiness to ensure the continued from the proposed collection to target BILLING CODE 4910–13–M airworthiness of aircraft engine HIRF those leading outsource maintenance and Lightning protection features. providers that may have a higher risk DEPARTMENT OF TRANSPORTATION DATES: The Engine and Propeller level which in turn would merit an Directorate issued Advisory Circular increase of FAA surveillance. Federal Motor Carrier Safety 33.4–3 on September 16, 2005. DATES: Please submit comments by Administration FOR FURTHER INFORMATION CONTACT: The October 17, 2005. Federal Aviation Administration, Attn: [Docket No. FMCSA–2005–20105] Gary Horan, Engine and Propeller FOR FURTHER INFORMATION CONTACT: Announcement of Establishment of the Standards Staff, ANE–111, 12 New Judith D. Street, 202–267–9895, Federal Motor Carrier Safety England Executive Park, Burlington, MA [email protected], ABA–20, Federal Administration Medical Review Board; 01803–5299; telephone: (781) 238–7164; Aviation Administration, 800 Request for Nominations fax: (781) 238–7199; e-mail: Independence Ave., SW., Washington, DC 20591. [email protected]. AGENCY: Federal Motor Carrier Safety We have filed in the docket all SUPPLEMENTARY INFORMATION: Administration (FMCSA), DOT. substantive comments received, and a Federal Aviation Administration (FAA) ACTION: Notice of establishment of the report summarizing them. If you wish to FMCSA Medical Review Board; request Title: Air Carriers Listing of Leading review the docket in person, you may go for nominations. to the above address between 9 a.m. and Outsource Maintenance Providers. 5 p.m., Monday through Friday, except Type of Request: Approval for an SUMMARY: FMCSA announces the Federal holidays. If you wish to contact emergency clearance of a new establishment of a Medical Review the above individual directly, you can collection. Board as requested by the recent passage use the above telephone number or OMB Control Number: 2120–xxxx. of Safe, Accountable, Flexible, and e-mail address provided. Form(s): Quarterly Outsource Efficient Transportation Equity Act; A How to Obtain Copies: A paper copy Maintenance Providers Utilization Legacy for Users (SAFETEA–LU). The of AC 33.4–3 may be obtained by Report. Medical Review Board will provide writing to the U.S. Department of Affected Public: A Total of 121 scientific advice to The Secretary of Transportation, Subsequent Distribution Aircraft Operators. Transportation and the Administrator of Office, DOT Warehouse, SVC–121.23, Frequency: This information will be FMCSA on medical issues including the Ardmore East Business Center, 3341 Q collected quarterly. physical qualification requirements for 75th Ave., Landover, MD 20785, Estimated Average Burden Per commercial motor vehicle (CMV) telephone 301–322–5377, or by faxing Response: 6 minutes. operators. This announcement provides

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details about the purpose and functions Regulations, Part 95. The purpose of the of the physical qualification standards of the FMCSA Medical Review Board, in FMCSA Medical Review Board is to by qualified medical examiners; accordance with the Federal Advisory establish a nationally recognized 5. Provide advice and Committee Act (FACA). This notice also standing board of medical experts to recommendations for the development discusses the Agency’s medical research provide scientific advice to FMCSA on of a functional capacity test for priorities and solicits applications from ongoing medical issues, including individuals with certain impairments; interested physicians to serve on the identification of appropriate physical 6. Provide advice on conduct and Medical Review Board. The Secretary of qualifications of commercial motor conclusions of FMCSA medical research Transportation will appoint five vehicle drivers, medical standards and and on policies or issues related to CMV physicians to the Medical Review guidelines, educational curriculum for driver physical qualifications standards; Board, and the board will begin work in training medical examiners who certify and fiscal year 2006. drivers meet the physical qualification 7. Provide advice and DATES: Applications must be received standards, and functional tests for recommendations for the establishment by October 30, 2005. FMCSA will drivers with certain disabilities. The and maintenance of medical examiner periodically call for applications as Medical Review Board will be charged training and certification processes. deemed necessary. initially with the review of all current (d) Designated Federal Officer and FOR FURTHER INFORMATION CONTACT: Dr. FMCSA medical standards, as well as Sponsor Mary D. Gunnels, Office of Bus and proposing new science-based standards The Designated Federal Officer (DFO) Truck Standards and Operations, and guidelines to ensure that drivers for this advisory committee and its Physical Qualifications Division, 202– operating CMVs in interstate commerce, subcommittees is the Associate 366–4001, FMCSA, Department of as defined in 49 CFR 390.5, are Administrator, Policy and Program Transportation, 400 Seventh Street, physically capable of doing so. Development, or his or her designee. SW., Washington, DC 20590–0001. (b) Scope The Committee sponsor is the Director, Office hours are from 8 a.m. to 5 p.m., Office of Bus and Truck Standards and e.t., Monday through Friday, except The FMCSA Medical Review Board Operations, or his or her designee. Federal holidays. provides information, advice and recommendations to the Secretary of FMCSA’s Office of Bus and Truck SUPPLEMENTARY INFORMATION: Transportation and the Administrator of Standards and Operations shall furnish I. Background FMCSA on matters relating to all support services for the operation of the The physical qualification regulations aspects of development and Medical Review Board. The DFO shall for CMV drivers in interstate commerce implementation of science-based designate the facilitator of the Medical are found in 49 CFR 391.41. Section physical qualification standards Review Board, who shall be an FMCSA 391.43 contains instructions to medical applicable to interstate CMV drivers. employee. examiners for performing physical The Medical Review Board does not (e) Membership examinations of CMV drivers. FMCSA hold regulatory development responsibilities, manage programs or The Medical Review Board shall be medical standards and guidelines are composed of 5 non-Federal Government critical medical program components in make decisions affecting such programs. The Medical Review Board provides a employee members, each of whom shall accomplishing FMCSA’s mission to be appointed by the Secretary of reduce crashes, injuries, and fatalities forum for the development, consideration, and communication of Transportation upon the involving large trucks and buses. recommendation of the Administrator of The Agency has current statutory information from a knowledgeable, FMCSA. The members serve in a authority under 49 U.S.C. 31502 and scientific perspective. representative capacity, and are not 31136 to determine the physical (c) Objectives and Duties special government employees. Criteria qualifications of interstate CMV drivers. for appointment include: Medical Congress passed the SAFETEA–LU of Consistent with the scope of activities expertise in a medical specialty, an 2005 (Pub. L. 109–59), Section 31149 described above, the Medical Review understanding of research methods, requires FMCSA to establish the Board is authorized to: 1. Undertake such information knowledge of transportation medical Medical Review Board to provide gathering activities as necessary to issues, experience on panels that scientific advice on matters related to define issues for consideration by the develop medical standards, a record of CMV driver health and safety. Medical Review Board, develop scientific collaboration and professional II. Medical Review Board Charter [This positions on those issues, and service, and experience developing Is the Text of the Medical Review Board communicate the Medical Review teaching programs. Medical specialties Charter That DOT/FMCSA Has Filed Board’s position thereon to the include, but will not be limited to, With the General Services Secretary of Transportation and the Cardiovascular and Cerebrovascular Administration] Administrator of FMCSA; Diseases, Endocrine Diseases, Injury, 2. Provide FMCSA with ongoing Medicolegal Issues, Neurological (a) Purpose medical expertise to shape decisions Disorders, and Psychiatric Diseases. The This charter establishes the Federal about the health and wellness of CMV facilitator acts as chairperson and Motor Carrier Safety Administration drivers, including physical impartial mediator to assist in Medical Review Board Advisory qualifications, medical advisory criteria reconciling opposing interests and Committee (Medical Review Board) and and safety research; points of view among committee provides for its operation in accordance 3. Advise FMCSA on the development members. with the provisions of the Federal of uniform driver physical qualification Advisory Committee Act (5 U.S.C. (medical) standards and CMV driver (f) Appointments App.), DOT Order 1120.3B, and the health and wellness; Each member shall be appointed for a requirements prescribed in Title 41, 4. Advise FMCSA on the development two-year term, with each member Code of Federal Regulations Part 102–3 of scientific guidelines, criteria, and eligible for reappointment, based on and Title 49, Code of Federal procedures to facilitate implementation FMCSA’s needs and any medical

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standards research in progress at the (h) Travel and Expenses Board to evaluate the review and time. After the first two years, the terms Committee members are not officers development schedule on a semi-annual shall be staggered, with three positions or employees of the Federal Government basis. These scientific reviews will be expiring after one year (subject to a two and, while attending meetings or comprehensive or expedited. year renewal) and two positions otherwise engaged in the business of the Preliminary schedule of medical expiring after two years (subject to a two Committee, are authorized travel and research topics, based on the research year renewal). The Medical Review subsistence or per diem allowances (as decision model, follows: Board will operate continuously with 5 appropriate) in accordance with Federal Quarter 1 2006—Drug/Alcohol active members. Any person appointed Government regulations. All travel by (comprehensive); Diabetes Mellitus to fill a vacancy occurring prior to the individual members when engaged in (expedited) expiration of the term for which his or official Committee business shall be her predecessor was appointed shall Quarter 2 2006—Sleep; Neurology approved in advance by the DFO, and (comprehensive); Cardiovascular serve out the predecessor’s term. arranged and funded by the sponsor. Notwithstanding the above, the (expedited) Secretary or his or her designee may (i) Estimated Cost and Support Quarter 3 2006—Musculoskeletal terminate a member at his or her The estimated annual direct operating (comprehensive); Vision (expedited) discretion. cost of the Medical Review Board is Quarter 4 2006—Psychiatry; Renal $96,596.00, which includes travel and (comprehensive); Infectious Disease (g) Meetings subsistence costs of members, printing (expedited) The DFO anticipates calling Medical and miscellaneous costs. The amount of Quarter 1 2007—Injury Review Board meetings at least three person hours to support the Medical (comprehensive); Hearing; Post times each fiscal year (excluding the Review Board is an estimated 5,200 per Surgical (expedited) initial year). The agenda for all meetings year. Quarter 2 2007—Medicolegal; shall be set by the DFO. The following Pulmonary comprehensive) (j) Report to the Secretary procedures shall govern the conduct of The decision model details and Within 90 days following the last all FMCSA Medical Review Board schedule of research activities will be meeting of each fiscal year, the DFO meetings: made available to the public, in shall submit to the Secretary and the Meetings shall be open to the general accordance with FACA. public, except as provided under FACA. FMCSA Administrator an annual report Interested persons shall be permitted to describing the Committee’s IV. Request for Applications membership, activities, and attend, appear before, or file statements FMCSA seeks physicians from many accomplishments for the past calendar with the Medical Review Board, as different medical specialties to develop year. The DFO shall provide the practicable. science-based CMV physical Notice of each meeting shall be Secretary and FMCSA Administrator qualification standards, medical published in the Federal Register at with any interim reports as requested. advisory criteria and safety policies. As least 15 calendar days prior to the date The DFO may direct the committee to members of the Agency’s first Medical of the meeting. Notice shall include the prepare these and any other reports. Review Board, physicians will provide agenda. (k) Effective Date expert guidance on medical guidelines The DFO or designee shall attend and and standards. The Agency is preside at each meeting. The charter was filed on September The DFO or designee shall adjourn 20, 2005. The Medical Review Board committed to appointing physicians any meeting when he or she determines will terminate two years after this date with diverse professional backgrounds, it to be in the public interest. unless prior to that time the charter is as well as a broad array of gender, Detailed minutes of each meeting extended in accordance with FACA and ethnicity, demographic and shall be certified by the DFO and other applicable requirements. socioeconomic factors. To be eligible for appointment, physicians must have a maintained by the sponsor. The minutes III. Research Decision Model shall contain: current U.S. medical license and current 1. The date, time, and place of the The prioritization of FMCSA medical board certification in a specialty area meeting; standards review and development directly related to medical certification 2. A record of all attendees at the work will be based on a scientific grid requirements, be able to attend three to meeting; analysis model. This decision model four meetings a year in Washington, DC 3. A complete and accurate scores the relevance of a selected and via teleconference, and spend description of all matters discussed and medical standard or guideline (or approximately five hours per month conclusions reached; absence of standard or guideline) using providing additional consultation. 4. Copies of all reports received, five factors. These five factors, Interested physicians should have a issued, or approved by the Committee; calculated using a weighted calculation commitment to transportation safety and method, are: Crash risk (direct and health, an understanding of 5. A description of public measurable risk for CMV crash); research methods, knowledge of participation, including oral or written Departmental and Agency priorities transportation medical issues, statements. (e.g., legal requirement); age of experience on panels that develop The minutes, as certified, shall be guidelines; adequacy of guidance (for medical standards, a record of available for public inspection and selected medical topic); and collaboration and professional service, copying in the office of the sponsor. epidemiologic prevalence in general and experience developing teaching Public availability of minutes or other population (or in CMV driver programs. For application information, documents received or generated by the population if available). please contact Laurie Conly at 571–633– Committee are subject to applicable The Agency has developed the initial 0152, or via e-mail at limitations and exceptions prescribed in schedule for medical standards and [email protected]. FMCSA will the Freedom of Information Act (5 guidelines review and development, accept applications through October 30, U.S.C. 552). and will direct the Medical Review 2005, and will periodically call for

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applications as the Medical Review CFR 230.17(a) General. FRA requires Anyone is able to search the Board work continues. that before any steam locomotive is electronic form of all comments initially put in service or brought out of received into any of our dockets by the V. Conclusion retirement, and after every 1472 service name of the individual submitting the The Department and the Agency are days or 15 years, which ever is earlier, comment (or signing the comment, if committed to making our Nation’s a 1472 Service day inspection shall be submitted on behalf of an association, highways safer by ensuring CMVs are performed. In the Eureka’s case, only business, labor union, etc.). You may being operated by medically qualified 126 service days have accumulated over review DOT’s complete Privacy Act drivers. the past 15 years, as the locomotive is Statement in the Federal Register Issued on: September 27, 2005. only used one or two weeks per year. published on April 11, 2000 (Volume Warren E. Hoemann, The locomotive is given the required 65, Number 70; Pages 19377–78). The Deputy Administrator. annual inspections, stored in side a statement may also be found at building, with the washout plugs http://dms.dot.gov. [FR Doc. 05–19726 Filed 9–30–05; 8:45 am] removed to promote airflow and BILLING CODE 4910–EX–P Issued in Washington, DC. on September mitigate rust and wastage. The required 27, 2005. new FRA Form 4 (boiler specification) Grady C. Cothen, Jr., DEPARTMENT OF TRANSPORTATION was prepared, and is on file with the Deputy Associate Administrator for Safety FRA. The thickness of the sheets was Standards and Program Development. Federal Railroad Administration verified using non-destructive [FR Doc. 05–19736 Filed 9–30–05; 8:45 am] inspection methods, and a new front BILLING CODE 4910–06–P Petition for Waiver of Compliance tube sheet was installed, with other minor repairs, at the time the tubes were In accordance with Part 211 of Title installed. DEPARTMENT OF TRANSPORTATION 49 Code of Federal Regulations (CFR), In summary, the EPR requests that notice is hereby given that the Federal this petition be granted because the National Highway Traffic Safety Railroad Administration (FRA) received tubes have very little service time, the Administration a request for a waiver of compliance number 4’s dry indoor storage with certain requirements of its safety conditions are nearly ideal for [Docket No. NHTSA–2005–22554; Notice 1] standards. The individual petition is locomotive storage, and the financial Michelin North America, Inc., Receipt described below, including the party burden on the individual that owns the seeking relief, the regulatory provisions of Petition for Decision of locomotive to perform 1472 Service day Inconsequential Noncompliance involved, the nature of the relief being inspection on a locomotive with only requested, and the petitioner’s 126 service days since a major overhaul. Michelin North America, Inc. arguments in favour of relief. Interested parties are invited to (Michelin) has determined that certain Eureka & Palisade Railroad— participate in these proceedings by tires it produced in 2005 do not comply Locomotive Number 4 submitting written views, data, or with S4.3(d) and S4.3(e) of 49 CFR comments. FRA does not anticipate 571.109, Federal Motor Vehicle Safety [Docket Number FRA–2005–21966] scheduling a public hearing in Standard (FMVSS) No. 109, ‘‘New The Eureka & Palisade Railroad (EPR), connection with these proceedings since pneumatic tires.’’ Michelin has filed an a three-foot gage insular railroad, seeks the facts do not appear to warrant a appropriate report pursuant to 49 CFR a waiver of compliance from the hearing. If any interested party desires Part 573, ‘‘Defect and Noncompliance requirements of Title 49 Code of Federal an opportunity for oral comment, they Reports.’’ Regulations (CFR) § 230.17 One should notify FRA, in writing, before Pursuant to 49 U.S.C. 30118(d) and thousand four hundred seventy-two the end of the comment period and 30120(h), Michelin has petitioned for an (1472) service day inspection for their specify the basis for their request. exemption from the notification and locomotive number (EPR) 4. This All communications concerning these remedy requirements of 49 U.S.C. locomotive was built by the Baldwin proceedings should identify the Chapter 301 on the basis that this Locomotive Works, Philadelphia, appropriate docket number (e.g., Waiver noncompliance is inconsequential to Pennsylvania in 1875, and is one of only Petition Docket Number FRA–2005– motor vehicle safety. three remaining narrow gage 21966) and must be submitted in This notice of receipt of Michelin’s ‘‘American’’ type (with a wheel triplicate to the Docket Clerk, DOT petition is published under 49 U.S.C. arrangement of 4–4–0) steam Central Docket Management Facility, 30118 and 30120 and does not represent locomotives. The others are in the Room Pl–401, Washington, DC 20590– any agency decision or other exercise of Smithsonian Institute in Washington, 0001. Communications received within judgment concerning the merits of the DC (Jupiter) and the California State 45 days of the date of this notice will petition. Railroad Museum (Sonoma). The Eureka be considered by FRA before final Michelin produced approximately is the only one operational. action is taken. Comments received after 9,816 BFGoodrich Radial T/A tires The EPR is not engaged in general that date will be considered as far as during the period from February 20, railroad transportation, providing only practicable. All written communications 2005 through April 7, 2005 that do not railroad tourist excursions on a limited concerning these proceedings are comply with FMVSS No. 109, S4.3(d) schedule. The Eureka is normally on available for examination during regular and S4.3(e). S4.3 of FMVSS No. 109 static display with limited operations on business hours (9 a.m.–5 p.m.) at DOT requires that ‘‘each tire shall have railroads, such as the Durango & Central Docket Management Facility, permanently molded into or onto both Silverton Narrow Gage Railroad for Room Pl–401 (Plaza Level), 400 Seventh sidewalls * * * (d) The generic name of special events such as their ‘‘Railfest’’. Street SW., Washington. All documents each cord material used in the plies This waiver requests relief from the in the public docket are also available * * * of the tire’’ and ‘‘(e) Actual requirements of 49 CFR part 230 for inspection and copying on the number of plies in the sidewall, and the Inspection and Maintenance Standards Internet at the docket facility’s Web site actual number of plies in the tread area for Steam Locomotives, specifically 49 at http://dms.dot.gov. if different.’’ The noncompliant tires

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were marked ‘‘tread plies 2 polyester + Issued on: September 27, 2005. DEPARTMENT OF THE TREASURY 2 steel; sidewall plies 2 polyester + 1 Ronald L. Medford, nylon.’’ The correct marking should Senior Associate Administrator for Vehicle Submission for OMB Review; read ‘‘tread plies 2 polyester + 2 steel + Safety. Comment Request 1 nylon; sidewall plies 2 polyester.’’ [FR Doc. 05–19667 Filed 9–30–05; 8:45 am] September 26, 2005. Michelin believes that the BILLING CODE 4910–59–P The Department of the Treasury has noncompliance is inconsequential to submitted the following public motor vehicle safety and that no information collection requirement(s) to corrective action is warranted. Michelin DEPARTMENT OF THE TREASURY OMB for review and clearance under the states that NHTSA has consistently Paperwork Reduction Act of 1995, Submission for OMB Review; found that ply labeling noncompliances Public Law 104–13. Copies of the Comment Request are inconsequential to motor vehicle submission(s) may be obtained by safety and has consistently granted September 26, 2005. calling the Treasury Bureau Clearance inconsequential noncompliance The Department of Treasury has Officer listed. Comments regarding this petitions on that basis. Michelin also submitted the following public information collection should be states that all load and inflation information collection requirement(s) to addressed to the OMB reviewer listed pressure markings are present and the OMB for review and clearance under the and to the Treasury Department noncompliant tires meet or exceed all of Paperwork Reduction Act of 1995, Clearance Officer, Department of the the FMVSS No. 109 minimum Public Law 104–13. Copies of the Treasury, Room 11000, 1750 performance requirements. submission(s) may be obtained by Pennsylvania Avenue, NW., Interested persons are invited to calling the Treasury Bureau Clearance Washington, DC 20220. submit written data, views, and Officer listed. Comments regarding this Dates: Written comments should be arguments on the petition described information collection should be received on or before November 2, 2005 above. Comments must refer to the addressed to the OMB reviewer listed after publication in the Federal Register docket and notice number cited at the and to the Treasury Department to be assured of consideration. beginning of this notice and be Clearance Officer, Department of the Internal Revenue Service (IRS) submitted by any of the following Treasury, Room 11000, 1750 methods. Mail: Docket Management Pennsylvania Avenue, NW., OMB Number: 1545–0238. Facility, U.S. Department of Washington, DC 20220. Type of Review: Extension. Title: Certain Gambling Winnings. Transportation, Nassif Building, Room DATES: Written comments should be PL–401, 400 Seventh Street, SW., Form: IRS form W–2G. received on or before November 2, 2005 Description: IRC section 6041 requires Washington, DC, 20590–0001. Hand to be assured of consideration. Delivery: Room PL–401 on the plaza payers of certain gambling winnings to level of the Nassif Building, 400 United States Mint report them to IRS. If applicable, section 3402(g) and section 3406 requires tax Seventh Street, SW., Washington, DC. It OMB Number: 1505–0195. is requested, but not required, that two withholding on these winnings. IRS Type of Review: Revision. uses the information to ensure taxpayer copies of the comments be provided. Title: Race and National Origin The Docket Section is open on income reporting compliance. Identification. Respondents: Business or other for- weekdays from 10 a.m. to 5 p.m. except Form: Department of Treasury form profit, not-for-profit institutions, State, Federal Holidays. Comments may be TDF 35–08. Local or Tribal Government. submitted electronically by logging onto Description: This form will be used to Estimated Total Burden Hours: the Docket Management System Web collect applicant race and national 1,272,479 hours. site at http://dms.dot.gov. Click on origin information electronically. The ‘‘Help’’ to obtain instructions for filing data will be used to help Treasury OMB Number: 1545–0928. the document electronically. Comments Bureaus identify barriers to selection Type of Review: Extension. may be faxed to 1–202–493–2251, or and determine the demographics of the Title: REG–124667–02 (Final) may be submitted to the Federal overall applicant pool. Disclosure of Relative Values of eRulemaking Portal: Go to http:// Respondents: Individuals and Optional Forms of Benefit; EE–35–85 www.regulations.gov. Follow the online households. (Final) Income Tax: Taxable Years instructions for submitting comments. Estimated Number of Respondents: Beginning after December 31, 1953; 160,000. OMB Control Number Under the The petition, supporting materials, Paperwork Reduction Act; Survivor and all comments received before the Estimated Total Reporting Burden: 8,000 hours. Benefits, Distribution Restriction and close of business on the closing date Various Other Issues Under the indicated below will be filed and will be Clearance Officer: Tracey Orrison (202) 622–0814, Department of the Retirement Equity Act of 1984. considered. All comments and Description: These final regulations supporting materials received after the Treasury, 1750 Pennsylvania Avenue, NW., Suite 13446, Washington, DC are required my statute and must be closing date will also be filed and will provided by employers to retirement be considered to the extent possible. 20220. OMB Reviewer: Alexander T. Hunt plan participants to inform participants When the petition is granted or denied, of their rights under the plan or under notice of the decision will be published (202) 395–7316, Office of Management and Budget, Room 10235, New the law. Failure to timely notify in the Federal Register pursuant to the participant of their rights may be result authority indicated below. Executive Office Building, Washington, DC 20503. in loss of plan benefits. Comment closing date: November 2, Respondents: Business or other for 2005. Michael A. Robinson, profit, not-for-profit institutions. Authority: 49 U.S.C. 30118, 30120: Treasury PRA Clearance Officer. Estimated Total Burden Hours: delegations of authority at CFR 1.50 and [FR Doc. 05–19668 Filed 9–30–05; 8:45 am] 385,000 hours. 501.8. BILLING CODE 4811–16–P OMB Number: 1545–1424.

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Type of Review: Extension. DEPARTMENT OF THE TREASURY (a) Whether the collection of Title: Cancellation of Debt. information is necessary for the proper Proposed Collection; Comment Form: IRS form1099–C. performance of the functions of the Request agency, including whether the Description: Form 1099–C is used for information shall have practical utility; September 27, 2005. reporting canceled debt, as required by (b) the accuracy of the agency’s estimate section 6050P of the Internal Revenue The Department of the Treasury, as of the burden of the collection of Code. It is used to verify that debtors are part of its continuing effort to reduce information; (c) ways to enhance the correctly reporting their income. paperwork and respondent burden, quality, utility, and clarity of the Respondents: Business or other for- invites the general public and other information to be collected; (d) ways to profit, Not-for-profit institutions and Federal agencies to take this minimize the burden of the collection of Federal Government. opportunity to comment on proposed information on respondents, including Estimated Total Burden Hours: and/or continuing information through the use of automated collection 110,159 hours. collections, as required by the techniques or other forms of information Paperwork Reduction Act of 1995, OMB Number: 1545–1492. technology; and (e) estimates of capital Public Law 104–13. Currently, the or start-up costs and costs of operation, Type of Review: Extension Office of the Procurement Executive maintenance, and purchases of services Title: Request for Closing Agreement within the Department of the Treasury to provide information. is soliciting comments concerning the Relating to Advance Refunding Issue Clearance Officer: Jean Carter (202) OMB Control Number 1505–0080, Post- Under Section 148 and 7121 and 622–6760, Department of the Treasury, Contract Award Information. Comments Revenue Procedure 96–41. Office of the Procurement Executive, regarding this information collection Form: IRS form 10001. 1500 Pennsylvania Avenue, NW., should be addressed to the Treasury Description: Form 10001 is used in Washington, DC 20220, Department Clearance Officer, conjunction with a closing agreement [email protected]. Department of the Treasury, Office of program involving certain issuers of tax- the Procurement Executive, 1500 Thomas A. Sharpe, Jr., exempt advance refunding bonds. Pennsylvania Avenue, NW., Revenue Procedures 96–41 established Senior Procurement Executive and Deputy Washington, DC 20220, (202) 622–6760. Chief Acquisition Officer, U.S. Department this voluntary compliance program and of the Treasury. prescribed the filing of Form 10001 to DATES: Written comments should be [FR Doc. 05–19682 Filed 9–30–05; 8:45 am] request a closing agreement. received on or before December 2, 2005 to be assured of consideration. BILLING CODE 4810–25–P Respondents: Not-for-profit institutions, State, Local or Tribal Departmental Offices (DO) Government. OMB Number: 1505–0080. DEPARTMENT OF THE TREASURY Estimated Total Burden Hours: 300 Form Number: Not applicable. hours. Type of Review: Extension of a Proposed Collection; Comment OMB Number: 1545–1150. currently approved collection. Request Title: Post-Contract Award Type of Review: Extension. September 27, 2005. Information. Title: Short Form Return of Description: This notice provides a The Department of the Treasury, as Organization Exempt From Income Tax. request to continue including the part of its continuing effort to reduce Form: IRS from 990–EZ. designated OMB Control Number on paperwork and respondent burden, Description: Form 990–EZ is needed information requested from contractors. invites the general public and other to determine that IRS section 501(a) tax- The information requested is specific to Federal agencies to take this exempt organizations fulfill the each contract, and is required for opportunity to comment on proposed operating conditions with in the Treasury to evaluate properly the and/or continuing information limitations of their tax exemption. IRS progress made and/or management collections, as required by the uses the information from this form to controls used by contractors providing Paperwork Reduction Act of 1995, determine if the filers are operating supplies or services to the Government Public Law 104–13. Currently, the within the rules of their exemption. and to determine contractors’ Office of the Procurement Executive within the Department of the Treasury Respondents: Not-for-profit compliance with the contracts, in order is soliciting comments concerning the institutions. to protect the Government’s interest. Current Actions: There are no changes OMB Control Number 1505–0081, Estimated Total Burden Hours: Solicitation of Proposal Information for 7,005,220 hours. being made to the notice at this time. Respondents: Businesses and Award of Public Contracts. Comments Clearance Officer: Glenn P. Kirkland individuals contracting with the regarding this information collection (202) 622–3428, Internal Revenue Department of the Treasury. should be addressed to the Treasury Service, Room 6516, 1111 Constitution Estimated Number of Respondents: Department Clearance Officer, Avenue, NW., Washington, DC 20224. 3,414. Department of the Treasury, Office of OMB Reviewer: Alexander T. Hunt Estimated Average Time Per the Procurement Executive, 1500 (202) 395–7316, Office of Management Respondent: 14 hours. Pennsylvania Avenue, NW., and Budget, Room 10235, New Estimated Total Burden Hours: Washington, DC 20220, (202) 622–6760. Executive Office Building, Washington, 47,796. Dates: Written comments should be DC 20503. Request for Comments: Comments received on or before December 2, 2005 submitted in response to this notice will to be assured of consideration. Michael A. Robinson, be summarized and/or included in the Departmental Offices (DO) Treasury PRA Clearance Officer. request for OMB approval. All [FR Doc. 05–19669 Filed 9–30–05; 8:45 am] comments will become a matter of OMB Number: 1505–0081. BILLING CODE 4830–01–P public record. Comments are invited on: Form Number: Not applicable.

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Type of Review: Extension of a DEPARTMENT OF THE TREASURY DEPARTMENT OF VETERANS currently approved collection. AFFAIRS Public Meeting of the President’s Title: Solicitation of Proposal [OMB Control No. 2900–0609] Information for Award of Public Advisory Panel on Federal Tax Reform Contracts. AGENCY: Department of the Treasury. Proposed Information Collection Description: This notice provides a Activity: Proposed Collection; ACTION: request to continue including the Notice of meeting. Comment Request designated OMB Control Number on SUMMARY: This notice advises all AGENCY: Veterans Health information requested from prospective interested persons of a public meeting of Administration, Department of Veterans contractors. The information requested the President’s Advisory Panel on Affairs. is specific to each acquisition Federal Tax Reform. solicitation, and is required for Treasury ACTION: Notice. DATES: The meeting will be held on to evaluate properly the capabilities and SUMMARY: The Veterans Health experiences of potential contractors who Tuesday, October 11, 2005, and will begin at 11 a.m. Administration (VHA), Department of desire to provide the supplies and/or Veterans Affairs (VA), is announcing an services to be acquired. Evaluation will ADDRESSES: The meeting will be held at opportunity for public comment on the be used to determine which proposals the Renaissance Washington, DC Hotel, proposed collection of certain most benefit the Government. 999 Ninth Street, NW., Washington, DC information by the agency. Under the Current Actions: There are no changes 20001. Paperwork Reduction Act (PRA) of being made to the notice at this time. FOR FURTHER INFORMATION CONTACT: The 1995, Federal agencies are required to Respondents: Businesses and Panel staff at (202) 927–2TAX (927– publish notice in the Federal Register individuals seeking contracting 2829) (not a toll-free call) or e-mail concerning each proposed collection of opportunities with the Department of [email protected] (please do not information, including each proposed the Treasury. send comments to this box). Additional revision of a currently approved Estimated Number of Respondents: information is available at http:// collection, and allow 60 days for public 14,172. www.taxreformpanel.gov. comment in response to this notice. This notice solicits comments for Estimated Average Time Per SUPPLEMENTARY INFORMATION: Purpose: Respondent: 29 hours. information needed to survey veteran The October 11 meeting is the eleventh enrollees’ health status and reliance on Estimated Total Burden Hours: meeting of the Advisory Panel. Due to VA’s health care services. 410,988. exceptional circumstances concerning DATES: scheduling, this Notice is being Written comments and Request for Comments: Comments recommendations on the proposed submitted in response to this notice will published at this time. At this meeting, the Panel will continue to discuss issues collection of information should be be summarized and/or included in the received on or before December 2, 2005. request for OMB approval. All associated with reform of the tax code. ADDRESSES: Submit written comments comments will become a matter of Comments: Interested parties are on the collection of information to Ann public record. Comments are invited on: invited to attend the meeting; however, Bickoff, Veterans Health Administration (a) Whether the collection of no public comments will be heard at the (193E1), Department of Veterans Affairs, information is necessary for the proper meeting. Any written comments with 810 Vermont Avenue, NW., performance of the functions of the respect to this meeting may be mailed Washington, DC 20420 or e-mail: agency, including whether the to The President’s Advisory Panel on [email protected]. Please refer information shall have practical utility; Federal Tax Reform,1440 New York to ‘‘OMB Control No. 2900–0609’’ in (b) the accuracy of the agency’s estimate Avenue, NW., Suite 2100, Washington, any correspondence. of the burden of the collection of DC 20220. All written comments will be information; (c) ways to enhance the made available to the public. FOR FURTHER INFORMATION CONTACT: Ann quality, utility, and clarity of the Records: Records are being kept of W. Bickoff at (202) 273–8310 or FAX information to be collected; (d) ways to Advisory Panel proceedings and will be (202) 273–9381. minimize the burden of the collection of available at the Internal Revenue SUPPLEMENTARY INFORMATION: Under the information on respondents, including Service’s FOIA Reading Room at 1111 PRA of 1995 (Pub. L. 104–13; 44 U.S.C. through the use of automated collection Constitution Avenue, NW., Room 1621, 3501–3521), Federal agencies must techniques or other forms of information Washington, DC 20024. The Reading obtain approval from the Office of technology; and (e) estimates of capital Room is open to the public from 9 a.m. Management and Budget (OMB) for each or start-up costs and costs of operation, to 4 p.m., Monday through Friday collection of information they conduct maintenance, and purchases of services except holidays. The public entrance to or sponsor. This request for comment is to provide information. the reading room is on Pennsylvania being made pursuant to Section Clearance Officer: Jean Carter (202) Avenue between 10th and 12th streets. 3506(c)(2)(A) of the PRA. 622–6760, Department of the Treasury, The phone number is (202) 622–5164 With respect to the following Office of the Procurement Executive, (not a toll-free number). Advisory Panel collection of information, VHA invites 1500 Pennsylvania Avenue, NW., documents, including meeting comments on: (1) Whether the proposed Washington, DC 20220, announcements, agendas, and minutes, collection of information is necessary [email protected]. will also be available on http:// for the proper performance of VHA’s www.taxreformpanel.gov. functions, including whether the Thomas A. Sharpe, Jr., information will have practical utility; Senior Procurement Executive and Deputy Dated: September 29, 2005. (2) the accuracy of VHA’s estimate of Chief Acquisition Officer, U.S. Department Mark S. Kaizen, the burden of the proposed collection of of the Treasury. Designated Federal Officer. information; (3) ways to enhance the [FR Doc. 05–19687 Filed 9–30–05; 8:45 am] [FR Doc. 05–19847 Filed 9–30–05; 8:45 am] quality, utility, and clarity of the BILLING CODE 4810–25–P BILLING CODE 4811–33–P information to be collected; and (4)

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ways to minimize the burden of the By direction of the Secretary. functions, including whether the collection of information on Denise McLamb, information will have practical utility; respondents, including through the use Program Analyst, Records Management (2) the accuracy of VHA’s estimate of of automated collection techniques or Service. the burden of the proposed collection of the use of other forms of information [FR Doc. 05–19651 Filed 9–30–05; 8:45 am] information; (3) ways to enhance the technology. BILLING CODE 8320–01–P quality, utility, and clarity of the Title: Survey of Veteran Enrollees’ information to be collected; and (4) Health and Reliance Upon VA, VA Form ways to minimize the burden of the 10–21034g. DEPARTMENT OF VETERANS collection of information on OMB Control Number: 2900–0609. AFFAIRS respondents, including through the use of automated collection techniques or Type of Review: Extension of a [OMB Control No. 2900–0630] currently approved collection. the use of other forms of information Abstract: Public Law 104–262, The Proposed Information Collection technology. Veterans Health Care Eligibility Reform Activity: Proposed Collection; Title: Regulation on Application for Act of 1996, requires VA implement a Comment Request Fisher Houses and Other Temporary priority-based enrollment system. VA Lodging and VHA Fisher House AGENCY: Veterans Health must enroll veterans by specified Application, VA Form 10–0408. Administration, Department of Veterans priorities as far down the priorities as OMB Control Number: 2900–0630. Affairs. the available resources permit. The Type of Review: Extension of a number of priority levels to which VHA ACTION: Notice. currently approved collection. Abstract: VA provides temporary will be able to deliver care will be a SUMMARY: The Veterans Health function of annual funding levels and lodging to veterans receiving VA Administration (VHA) is announcing an medical care or Compensation and utilization of health care services by opportunity for public comment on the enrollees. Additionally, eligibility Pension examinations and to family proposed collection of certain members or other persons reform has brought about the ever- information used by the agency. Under increasing need for VA to plan and accompanying the veteran. Application the Paperwork Reduction Act (PRA) of for temporary lodging may be by letter, budget for the evolving clinical care 1995, Federal agencies are required to needs of its extremely dynamic enrollee telephone, e-mail, facsimile or in person publish notice in the Federal Register at the VA healthcare facility of population at risk of need or use of VA concerning each proposed collection of care. jurisdiction. VA Form 10–0408 is use to information, including each proposed collect data during the application There is no valid, recent information extension of a currently approved process to determine the claimant’s available in administrative databases on collection, and allow 60 days for public eligibility for temporary lodging. all enrollees’ health status, income, and comment in response to the notice. This Temporary lodging services are their reliance upon the VA system. The notice solicits comments on information provided on a first come, first served magnitude of changes each year in needed to determine a claimant’s basis. enrollees, their characteristics, and eligibility for temporary lodging while Affected Public: Individuals or system policies make annual surveys undergoing extensive treatment or households. necessary to capture this critical procedures. Estimated Total Annual Burden: information for input into VHA’s Health DATES: Written comments and 83,333 hours. Care Services Demand Model. The recommendations on the proposed Estimated Average Burden Per survey will provide VA with current collection of information should be Respondent: 10 minutes. information for sound decisions that received on or before December 2, 2005. Frequency of Response: On occasion. affect the entire VA health care delivery ADDRESSES: Estimated Number of Respondents: system and the veterans it serves. VA Submit written comments 250,000. Form 10–21034g will be used to provide on the collection of information to Ann Estimated Total Annual Responses: the survey data on morbidity and Bickoff, Veterans Health Administration 500,000. reliance that is critical to obtaining (193E1), Department of Veterans Affairs, accurate projections of VA’s ability to 810 Vermont Avenue, NW., Dated: September 19, 2005. service veterans who are seeking VA Washington, DC 20420 or e-mail: By direction of the Secretary. [email protected]. Please refer health care services. The projections Denise McLamb, will also be used to support VA’s to ‘‘OMB Control No. 2900–0630’’ in any correspondence. Program Analyst, Records Management Capital Asset Realignment for Enhanced Service. FOR FURTHER INFORMATION CONTACT: Ann Services initiative and will also served [FR Doc. 05–19652 Filed 9–30–05; 8:45 am] Bickoff at (202) 273–8310. as the basis for VA’s new emphasis on BILLING CODE 8320–01–P population-based budget formulation, SUPPLEMENTARY INFORMATION: Under the policy scenario testing, and strategic PRA of 1995 (Pub.L. 104–13; 44 U.S.C. planning. 3501–3521), Federal agencies must DEPARTMENT OF VETERANS Affected Public: Individuals or obtain approval from the Office of AFFAIRS Households. Management and Budget (OMB) for each [OMB Control No. 2900–0119] Estimated Annual Burden: 10,500 collection of information they conduct or sponsor. This request for comment is hours. Agency Information Collection being made pursuant to Section Estimated Average Burden Per Activities Under OMB Review Respondent: 12 minutes. 3506(c)(2)(A) of the PRA. With respect to the following AGENCY: Veterans Benefits Frequency of Response: Annually. collection of information, VHA invites Estimated Number of Respondents: Administration, Department of Veterans comments on: (1) Whether the proposed Affairs. 42,000. collection of information is necessary ACTION: Notice. Dated: September 21, 2005. for the proper performance of VHA’s

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SUMMARY: In compliance with the By direction of the Secretary. (Section 3712, Chapter 37, Title 38 Paperwork Reduction Act (PRA) of 1995 Denise McLamb, U.S.C.), VA Form 26–8630. (44 U.S.C. 3501–3521) this notice Program Analyst, Records Management OMB Control Number: 2900–0408. announces that the Veterans Benefits Service. Type of Review: Extension of a Administration (VBA), Department of [FR Doc. 05–19653 Filed 9–30–05; 8:45 am] currently approved collection. Veterans Affairs, has submitted the BILLING CODE 8320–01–P Abstract: Holders of foreclosed VA collection of information abstracted guaranteed manufactured home unit below to the Office of Management and and guaranteed combination Budget (OMB) for review and comment. DEPARTMENT OF VETERANS manufactured home complete VA Forms The PRA submission describes the AFFAIRS 26–8629 and 26–8630 as a prerequisite nature of the information collection and payment of claims. The holder record its expected cost and burden; it includes [OMB Control No. 2900–0408] accrued interest, various expenses of the actual data collection instrument. liquidation and claim balance on the DATES: Comments must be submitted on Agency Information Collection forms to determine the amount claimed or before November 2, 2005. Activities Under OMB Review and submit with supporting documentation to VA. VA uses the data FOR FURTHER INFORMATION CONTACT: AGENCY: Veterans Benefits Denise McLamb, Records Management Administration, Department of Veterans to determine the proper claim payment Service (005E3), Department of Veterans Affairs. due to the holder. Affairs, 810 Vermont Avenue, NW., An agency may not conduct or ACTION: Notice. Washington, DC 20420, (202) 565–8374, sponsor, and a person is not required to FAX (202) 565–6950 or e-mail: SUMMARY: In compliance with the respond to a collection of information [email protected]. Please Paperwork Reduction Act (PRA) of 1995 unless it displays a currently valid OMB refer to ‘‘OMB Control No. 2900–0119.’’ (44 U.S.C. 3501–3521), this notice control number. The Federal Register Send comments and announces that the Veterans Benefits Notice with a 60-day comment period recommendations concerning any Administration (VBA), Department of soliciting comments on this collection aspect of the information collection to Veterans Affairs, has submitted the of information was published on April VA’s OMB Desk Officer, OMB Human collection of information abstracted 13, 2005 at page 19557. Resources and Housing Branch, New below to the Office of Management and Affected Public: Business or other for- Executive Office Building, Room 10235, Budget (OMB) for review and comment. profit and Individuals or households. Washington, DC 20503 (202) 395–7316. The PRA submission describes the Estimated Annual Burden: 36 hours. Please refer to ‘‘OMB Control No. 2900– nature of the information collection and a. Manufactured Home Loan Claim 0119’’ in any correspondence. its expected cost and burden; it includes Loan Guaranty (Manufactured Home SUPPLEMENTARY INFORMATION: Title: the actual data collection instrument. Unit Only), (Section 3720, Chapter 37, Title 38 U.S.C.), VA Form 26–8629—33 Report of Treatment in Hospital, VA FL DATES: Comments must be submitted on 29–551. or before November 2, 2005. hours. OMB Control Number: 2900–0119. b. Manufactured Home Loan Claim Type of Review: Extension of a FOR FURTHER INFORMATION OR A COPY OF Under Loan Guaranty (Manufactured currently approved collection. THE SUBMISSION CONTACT: Denise Home Unit and Lot or Lot Only), Abstract: VA Form Letter 29–551 is McLamb, Records Management Service (Section 3712, Chapter 37, Title 38 used collect information from hospitals (005E3), Department of Veterans Affairs, U.S.C.), VA Form 26–8630—3 hours. were a claimant’s was treated. VA uses 810 Vermont Avenue, NW., Estimated Average Burden Per the data to determine the insured’s Washington, DC 20420, (202) 565–8374 Respondent: eligibility for disability insurance or FAX (202) 565–5950 or e-mail: a. Manufactured Home Loan Claim benefits. [email protected]. Please Loan Guaranty (Manufactured Home An agency may not conduct or refer to ‘‘OMB Control No. 2900–0408.’’ Unit Only), (Section 3720, Chapter 37, sponsor, and a person is not required to Send comments and Title 38 U.S.C.), VA Form 26–8629—20 respond to a collection of information recommendations concerning any minutes. aspect of the information collection to unless it displays a currently valid OMB b. Manufactured Home Loan Claim VA’s Desk Officer, OMB Human control number. The Federal Register Under Loan Guaranty (Manufactured Resources and Housing Branch, New Notice with a 60-day comment period Home Unit and Lot or Lot Only), Executive Office Building, Room 10235, soliciting comments on this collection (Section 3712, Chapter 37, Title 38 Washington, DC 20503 (202) 395–7316. of information was published on U.S.C.), VA Form 26–8630—20 minutes. Please refer to ‘‘OMB Control No. 2900– February 15, 2005 at page 7796. Frequency of Response: On occasion. 0408’’ in any correspondence. Affected Public: Individuals or Estimated Number of Respondents: households. SUPPLEMENTARY INFORMATION: 110. Estimated Annual Burden: 4,055 Titles: hours. a. Manufactured Home Loan Claim Dated: September 19, 2005. Estimated Average Burden Per Loan Guaranty (Manufactured Home By direction of the Secretary. Respondent: 12 minutes. Unit Only), (Section 3720, Chapter 37, Denise McLamb, Frequency of Response: On Occasion. Title 38 U.S.C.), VA Form 26–8629. Program Analyst, Records Management Estimated Number of Respondents: b. Manufactured Home Loan Claim Service. 20,277. Under Loan Guaranty (Manufactured [FR Doc. 05–19654 Filed 9–30–05; 8:45 am] Dated: September 20, 2005. Home Unit and Lot or Lot Only), BILLING CODE 8320–01–P

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Corrections Federal Register Vol. 70, No. 190

Monday, October 3, 2005

This section of the FEDERAL REGISTER DEPARTMENT OF THE TREASURY Tuesday, September 20, 2005, make the contains editorial corrections of previously following correction: published Presidential, Rule, Proposed Rule, Fiscal Service In the third column, in the fifth line and Notice documents. These corrections are from the top, ‘‘prudent to’’ should read prepared by the Office of the Federal Guidance on Cashing and Accepting ‘‘prudent efforts to’’. Register. Agency prepared corrections are for Deposit Federal Emergency issued as signed documents and appear in Management Agency (FEMA) Disaster [FR Doc. C5–18968 Filed 9–30–05; 8:45 am] the appropriate document categories Assistance Checks and Government BILLING CODE 1505–01–D elsewhere in the issue. Benefit Checks Issued by the U.S. Treasury; Hurricane Katrina Correction In notice document 05–18968 appearing on page 55224 in the issue of

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Part II

Department of Housing and Urban Development Final Fair Market Rents for the Housing Choice Voucher Program and Moderate Rehabilitation Single Room Occupancy Program for Fiscal Year 2006; Notice

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DEPARTMENT OF HOUSING AND site noted above. Any questions related II. Procedures for the Development of URBAN DEVELOPMENT to use of FMRs or voucher payment FMRs [Docket No. FR–4995–N–03] standards should be directed to the Section 8(c) of the USHA requires the respective local HUD program staff. Secretary of HUD to publish FMRs Final Fair Market Rents for the Housing Questions on how to conduct FMR periodically, but not less frequently Choice Voucher Program and surveys or further methodological than annually. Section 8(c) states in part Moderate Rehabilitation Single Room explanations may be addressed to Marie as follows: Occupancy Program for Fiscal Year L. Lihn or Lynn A. Rodgers, Economic Proposed fair market rentals for an area 2006 and Market Analysis Division, Office of shall be published in the Federal Register Economic Affairs, Office of Policy with reasonable time for public comment and AGENCY: Office of the Secretary, HUD. Development and Research, telephone shall become effective upon the date of ACTION: Notice of Final Fair Market (202) 708–0590. Questions about publication in final form in the Federal Rents (FMRs) for Fiscal Year 2006. disaster-related FMR exceptions should Register. Each fair market rental in effect under this subsection shall be adjusted to be SUMMARY: Section 8(c)(1) of the United be referred to the respective local HUD effective on October 1 of each year to reflect States Housing Act of 1937 (USHA) office. Persons with hearing or speech changes, based on the most recent available requires the Secretary to publish FMRs impairments may access this number data trended so the rentals will be current for periodically, but not less than annually, through TTY by calling the toll-free the year to which they apply, of rents for adjusted to be effective on October 1 of Federal Information Relay Service at existing or newly constructed rental dwelling (800) 877–8339. (Other than the HUD units, as the case may be, of various sizes and each year. The primary uses of FMRs are types in this section. to determine payment standard amounts USER information line and TTY for the Housing Choice Voucher numbers, telephone numbers are not The Department’s regulations at 24 program, to determine initial renewal toll-free.) CFR part 888 provide that HUD will rents for some expiring project-based develop proposed FMRs, publish them SUPPLEMENTARY INFORMATION: Section 8 contracts, to determine initial for public comment, provide a public rents for housing assistance payment I. Background comment period of at least 30 days, (HAP) contracts in the Moderate analyze the comments, and publish final Rehabilitation Single Room Occupancy Section 8 of the U.S. Housing Act of FMRs. (See 24 CFR 888.115.) Final program, and to serve as a rent ceiling 1937 (USHA) (42 U.S.C. 1437f) FY2006 FMRs are published on or in the HOME rental assistance program. authorizes housing assistance to aid before October 1, 2005, as required by Today’s notice provides final FY2006 lower-income families in renting safe section 8(c)(1) of the USHA. FMRs for all areas that reflect the and decent housing. Housing assistance III. Proposed FY2006 FMRs estimated 40th and 50th percentile rent payments are limited by FMRs On June 2, 2005 (70 FR 32402), HUD levels trended to April 1, 2006. Today’s established by HUD for different areas. published proposed FY2006 FMRs. In notice, however, does not include final In the Housing Choice Voucher the proposed FY2006 FMRs notice, determinations on 50th percentile rent program, the FMR is the basis for HUD advised that the assessment, as levels, as proposed in HUD’s notice determining the ‘‘payment standard directed by HUD’s regulations, on published on August 25, 2005. The 30- amount’’ used to calculate the eligibility or ineligibility for 50th day public comment period on that maximum monthly subsidy for an percentile FMRs would be addressed by notice ended September 26, 2005, and assisted family (see 24 CFR 982.503). In a subsequent notice. The subsequent HUD is evaluating the public comments. general, the FMR for an area is the notice on 50th percentile FMRs was A notice that provides final amount that would be needed to pay the published on August 25, 2005, and is determinations on 50th percentile FMRs gross rent (shelter rent plus utilities) of further discussed in Section VII of this will be issued subsequently, and as privately owned, decent, and safe rental notice. further discussed in Section VII of this housing of a modest (non-luxury) nature As noted in the preamble to the notice. with suitable amenities. In addition, all proposed FMRs, the FMRs for FY2006 This notice also invokes the rents subsidized under the Housing were based on a change in metropolitan Secretary’s authority to waive regulatory Choice Voucher program must meet area definitions. HUD is using the requirements for exception FMRs in county-based statistical areas as defined areas affected by Hurricane Katrina and reasonable rent standards. The final by OMB, with some modifications. The by displacement of residents of the FY2006 FMRs are the first to be only modifications made are to permit affected area. calculated using the revised Office of Management and Budget (OMB) OMB-defined metropolitan areas to be DATES: The FMRs published in this statistical area definitions that were divided into more than one FMR area notice are effective on October 1, 2005. issued in 2003. The new definitions are when necessary to minimize changes in FOR FURTHER INFORMATION CONTACT: For county-based. FMRs due solely to the use of the new technical information on the definitions. All proposed metropolitan methodology used to develop FMRs or Electronic Data Availability: This FMR areas consist of areas within new a listing of all FMRs, please call the Federal Register notice is available OMB metropolitan areas. In general, any HUD USER information line at (800) electronically from the HUD news page: parts of old metropolitan areas, or 245–2691 or access the information on http://www.hudclips.org. Federal formerly nonmetropolitan counties, that the HUD Web site, http:// Register notices also are available would have more than a 5 percent www.huduser.org/datasets/fmr.html. electronically from the U.S. Government increase or decrease in their FMRs as a FMRs are listed at the 40th or 50th Printing Office Web site: http:// result of implementing the new OMB percentile in Schedule B. For www.gpoaccess.gov/fr/index.html. metropolitan definitions are defined as informational purposes, a table of 40th Information on how FMRs are separate FMR areas. percentile recent mover rents for those determined, including detailed During the comment period, which areas currently at the 50th percentile calculations, is available at: http:// ended August 1, 2005, HUD received 58 FMRs will be provided on the same Web www.huduser.org/fmr/fmr.html. public comments on the proposed

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FY2006 FMRs. Over one-half of the OMB definitions were identified, and metropolitan area update factor, except comments concerned the changes in 2000 Census Base Rents for these where RDDs were performed at the FMRs as a result of using the new OMB subparts were calculated. Only the subarea level. metropolitan definitions. Other subparts within the new OMB Specifically, local Consumer Price comments opposed reductions in their metropolitan area were included in this Index (CPI) data is used to move rents FMRs as a result of recent Random Digit calculation (e.g., counties that had been from the end of 2003 to the end of 2004 Dialing (RDD) surveys. Low FMRs were excluded from the new OMB and the same 15-month trending factor cited as a reason for program metropolitan area were not included). is then applied. Regional RDD surveys difficulties. Most of the public • Metropolitan subparts of new areas were used to provide update factors for comments received lacked the data that had previously had separate FMRs areas without local CPI estimates. needed to support FMR changes. The were assigned their own FMRs if their Regional RDDs, however, were not comments received are discussed in 2000 Census Base Rents differed by conducted in 2004 in anticipation of the more detail later in this notice. more than 5 percent from the new OMB arrival of American Community Survey All RDD results are being area 2000 Census Base Rent. • (ACS) data. Data from the 2004 ACS was implemented with the exception of the Formerly metro counties removed not available in time for inclusion in the from metro areas get their own FMRs. reduction for New Orleans. This area • final FY2006 FMR publication. experienced such massive losses to its Proposed FY2006 FMRs were Therefore, for proposed FY2006 FMRs, rental housing inventory that the survey calculated using the same information census region CPI data for Class B and used to compute FY2005 Final FMRs results are no longer valid. C size cities is being used to update plus additional update factors. areas without local CPI update factors. IV. FMR Methodology A. Data Sources Once full-scale ACS data collections As detailed in the June 2, 2005, FY2005 and FY2006 FMRs for most start to become available in the latter notice, the FY2006 FMRs are based on areas were based on 2000 Census data part of 2006, sample sizes will be large current OMB metropolitan area updated with more current survey data. enough to estimate FMRs for the larger definitions. These definitions have the At HUD’s request, the Census Bureau metropolitan areas on an annual basis advantages that they are based on more prepared a special publicly releasable and for other areas on a two-to four-year current (2000 Census) data, use a more Census file that permits almost exact basis. relevant commuting interchange, and replication of HUD’s 2000 Base Rent generally provide a better measure of C. Additional RDD Surveys and Other calculations except for areas with few Data current housing market relationships. rental units. This data set is located on HUD had three objectives in defining HUD’s HUDUSER Web site at: http:// RDDs covering 18 additional areas FMR areas for FY2006: (1) To www.huduser.org/datasets/fmr/ were conducted by HUD in the July- incorporate new OMB metropolitan area CensusRentData/. The area-specific data August 2005 period and completed in definitions so the FMR estimation and computations used to calculate final time for use in this publication. In system can employ new data collected FY2006 FMRs and FMR area definitions addition, one PHA survey was using those definitions; (2) to better can be found at http:// submitted. The first column of the reflect current housing markets; and (3) www.huduser.org/datasets/fmr/fmrs/. following table identifies the RDD to minimize the number of large survey area. The second column shows changes in FMRs due to use of the new B. FMR Updates From 2005 to 2006 the proposed FY2006 FMR as published OMB definitions. The proposed FMR The 2000 to 2005 update factors in the on June 2, 2005. The third column area definitions were developed to Revised Final FY2005 FMRs, published shows the final FY2006 FMR. The achieve these objectives as follows: February 28, 2005 (70 FR 9778), are fourth column shows whether or not the • FMRs were calculated for each of used to update the metropolitan area to RDD results were statistically different the new OMB metropolitan areas using the new OMB definition, as modified by enough to justify replacing the updated 2000 Census data. HUD. All new FMR areas that are part Census or other survey estimates with • Subparts of any of the new areas of a new metropolitan area are updated the RDD results. The survey results were that had separate FMRs under the old with the same 2005-to-2006 as follows:

TABLE 1.—RESULTS OF RECENT RDD RENT SURVEYS

Proposed Final Area surveyed FY2006 FY2006 RDD result FMR FMR

New Bedford, MA HMFA ...... 694 753 Increase. Taunton-Mansfield-Norton, MA HMFA ...... 940 992 Increase. Providence-Fall River, RI-MA HMFA ...... 891 965 No Change.* Davidson County, NC ...... 543 543 No Change. Lincoln County, NC ...... 549 549 No Change. Rowan County, NC ...... 564 593 Increase. Aguadilla, PR HMFA ...... 321 352 Increase.* Fajardo, PR MSA ...... 403 403 No Change. Arroyo-Patillas, PR HMFA ...... 312 352 No Change.* Mayaguez, PR MSA ...... 400 400 No Change. Ponce, PR MSA ...... 349 423 Increase. San German-Cabo Rojo, PR MSA ...... 364 364 No Change. San Juan Guaynabo, PR HMFA ...... 403 403 No Change. Arecibo, PR HMFA ...... 330 352 No Change.* Caguas, PR HMFA ...... 362 362 No Change. Barranquitas-Aibonito-Quebradillas, PR HMFA ...... 324 352 No Change.* Yauco, PR ...... 349 352 No Change.*

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TABLE 1.—RESULTS OF RECENT RDD RENT SURVEYS—Continued

Proposed Final Area surveyed FY2006 FY2006 RDD result FMR FMR

Nonmetropolitan Counties, PR ...... 309 352 Increase. *Providence increased as a result of becoming a 50th percentile FMR area. Other ‘‘No change’’ areas increased as a result of the state min- imum FMRs. Aguadilla had an increase resulting from the RDD and a further increase resulting from applying the state minimum.

HUD is directed by statute to use the bedroom sizes to update those rent be between 1.10 and 1.34 of the two- most recent data available in its FMR estimates, than it is to develop bedroom unit, and four-bedroom units publications. These RDD survey results independent FMR estimates for each must be between 1.14 and 1.63 of the are being implemented in the revised bedroom size. A publicly releasable two-bedroom unit. Bedroom rents for a final FY2006 FMR publication version of the data file that permits given FMR area were then adjusted if consistent with that requirement. derivations of rent ratios from the 2000 the differentials between bedroom-size The RDD surveys conducted in Puerto Census, as well as demonstrations of FMRs were inconsistent with normally Rico included a number of additional how the data are used, are available at observed patterns (e.g., efficiency rents housing quality questions that were http://www.huduser.org/datasets/fmr/ were not allowed to be higher than one- used to address the concerns of HUD fmr.html. bedroom rents and four-bedroom rents and the Puerto Rico Housing Authority. The rents for three-bedroom and were set at a minimum of 3 percent Only one question produced increases larger units continue to reflect HUD’s higher than three-bedroom rents). in FMR estimates; it was related to policy to set higher rents for these units For nonmetropolitan counties with whether a housing unit had hot and than would result from using normal few rental units and small Census cold running water. Screening RDD market rents. This adjustment is recent-mover rent samples, Census- results based on that housing quality intended to increase the likelihood that defined county group data were used in question increased FMR estimates in the largest families, who have the most determining rents for each bedroom some areas. The Puerto Rico RDD results difficulty in leasing units, will be size. This adjustment was made to had small recent mover samples, and successful in finding eligible program protect against unrealistically high or none of the areas had high recent mover units. The adjustment adds bonuses of low FMRs due to insufficient sample bonuses. For FMR computation 8.7 percent to the unadjusted three- sizes. The areas covered by this new purposes, FMR estimates were based on bedroom FMR estimates and adds 7.7 estimation method had less than 200 a mix of stayer rents inflated by the percent to the unadjusted four-bedroom two-bedroom Census-tabulated average Puerto Rico recent-mover-to- FMR estimates. The FMRs for unit sizes observations. stayer ratio and recent mover rents. larger than four bedrooms are calculated E. State Minimums Using this approach, three areas had by adding 15 percent to the four- increases based on RDD results, and bedroom FMR for each extra bedroom. In response to comments received on nine areas showed no change, but there For example, the FMR for a five- the FY2005 and the proposed FY2006 were increases over the proposed FMRs bedroom unit is 1.15 times the four- FMRs, a state minimum policy similar for five areas that would otherwise be bedroom FMR, and the FMR for a six- to that used prior to FY2005 has been below the state minimum FMR. bedroom unit is 1.30 times the four- implemented. The rationale for having a HUD also reviewed a survey bedroom FMR. FMRs for single-room state minimum FMR is that some low- submitted by the St. Mary’s County occupancy units are 0.75 times the zero- income, low-rent nonmetropolitan (MD) PHA and data on two-bedroom bedroom (efficiency) FMR. counties have Census-based FMR rents submitted by the Housing A further adjustment is made for areas estimates that appear to be below long- Authority of the County of Santa Clara. with local bedroom-size intervals above term operating costs for standard quality Neither of these submissions provided or below what are considered to be rental units and raise concerns about data that was statistically representative reasonable ranges or where sample sizes housing quality. Housing quality of their rental markets. HUD plans to are inadequate to accurately measure problems are limited in most parts of conduct surveys of both areas within the bedroom rent differentials. Experience the country and have little impact on next few months to address their has shown that highly unusual bedroom FMR estimates. The exception to this concerns. ratios typically reflect inadequate generality within the continental United sample sizes or peculiar local States occurs in some nonmetropolitan D. Large Bedroom Rents circumstances that HUD would not areas with unusually low rents. State FMR estimates are calculated for two- want to utilize in setting FMRs (e.g., minimum FMRs have been set at the bedroom units. This is the most luxury efficiency apartments in New respective state-wide median common type of rental unit and, York City that rent for more than typical nonmetropolitan rent level, but are not therefore, the easiest to accurately one-bedroom units). Bedroom interval allowed to exceed the U.S. median survey and analyze. After each ranges were established based on an nonmetropolitan rent level. This change Decennial Census, rent ratios between analysis of the range of such intervals primarily affects small nonmetropolitan two-bedroom units and other unit sizes for all areas with large enough samples counties in the South with low rents. are calculated. These ratios are then to permit accurate bedroom ratio used to calculate FMRs in future years determinations. The final ranges used V. Public Comments after a two-bedroom FMR is calculated. were: Efficiency units are constrained to Form letters were received from the This is done because it is much easier fall between 0.65 and 0.83 of the two- tenants and landlords of Section 8 to obtain accurate two-bedroom bedroom FMR, one-bedroom units must housing in Taunton, MA. Taunton used estimates, and then to use pre- be between 0.76 and 0.90 of the two- to be part of the Boston metropolitan established cost relationships with other bedroom unit, three-bedroom units must area and is now part of the Providence

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metropolitan area. The 2000 Census The Chatham County Housing the FMR methodology, which found the data shows that Taunton’s rents are Authority protested the change in area same large decreases in rents in 2004 as more than 5 percent higher than those definitions for what had been the indicated by earlier private market for the Providence metropolitan area. Raleigh-Durham-Chapel Hill apartment complex surveys. The Mayor Taunton is therefore established as a metropolitan area. This metropolitan requested reinstitution of high separate FMR area, the Taunton- area was split into three metropolitan exception rents for San Francisco. Mansfield-Norton, MA HMFA, but the areas, and Chatham County was defined Available data from private market Taunton comments objected to the fact to be part of the new Durham HMFA. apartment complex surveys, however, that its FMRs were decreased because it The Homeless Services Network, show little increase in rents through the had been removed from the Boston serving the Charlotte-Gastonia-Concord, middle of 2005. San Francisco indicated metropolitan area. The social services NC-SC HMFA, also protested the it preferred to conduct its own survey. office and the town government of reduced FMRs that were proposed for Comments on Puerto Rico’s FMRs Mansfield also submitted comments some counties in the newly defined were submitted by the Departmento de stating that FMRs were too low and areas. In each of these instances, the la Viviendo, a housing management would hinder Mansfield in meeting the 2000 Census data and OMB definitions corporation, and the Affordable Housing Massachusetts State requirement for a used supported the proposed FMR area Management Association. They stated 10 percent affordable housing stock. definitions and the FMR estimates. that Puerto Rico has a unique rental New Bedford was not significantly The South Carolina Regional Housing housing market and requested that its affected by the geography change, but Authority Number 1 opposed the FMRs be based on construction and requested a survey because it believed creation of a new one-county operating costs rather than the costs of its proposed FMRs are too low. RDD metropolitan area, the Anderson, SC existing housing. Concern was surveys of the Taunton-Mansfield- MSA. It also complained about expressed that low FMRs adversely Norton and New Bedford subareas of inconsistencies and inequities in FMRs affected the Moderate Rehabilitation Providence were conducted. Both areas among nonmetropolitan counties. A program. It was argued that it was received higher FMRs as a result of the number of other criticisms of very low inconsistent for Puerto Rico to have surveys. nonmetropolitan FMRs were raised in lower FMRs than the Virgin Islands. HUD did not accept any of the Puerto The Milford Housing Authority other comments both this year and last Rico arguments as a valid basis for (representing the Eastern Worcester, MA year. Many of the concerns about nonmetropolitan FMRs are addressed by changing FMRs, but did conduct HMFA) also submitted comments state minimum FMRs. surveys that resulted in higher FMRs for objecting to the significant FMR A number of other comments were some areas. Market rents for many reduction that resulted from its being received on the new metropolitan area Moderate Rehabilitation units are higher removed from the Boston metropolitan definitions. Island County, WA, than typical rent levels, but this is not area and placed in the Worcester, MA formerly part of the Seattle metropolitan a basis for changing FMRs. The Virgin metropolitan area. A few tenants also area but now a nonmetropolitan county, Islands has income and rents that filed comments requesting that Milford submitted a request that it be made part current and past survey data show are remain part of Boston. Data from the of the Mount Vernon-Anacortes, WA far higher than Puerto Rico’s. The 2000 Census showed that Eastern MSA. Island County, however, failed to statutory guidance on FMRs explicitly Worcester’s rents are more than 5 meet the OMB commutation test to differentiates between new construction percent higher than those for the become part of that metropolitan area. rents and rents for existing structures, Worcester metropolitan area, and there Simpson Property Group, LP argued that and indicates that rents for existing is a separate FMR area, Eastern Broomfield County, CO should be structures are to be based on rents for Worcester County, MA HMFA. No placed in the Boulder metropolitan area existing rental housing dwelling units. change in the proposed FMRs was rather than the Denver metropolitan An extensive survey of all Puerto Rico warranted. The Citizens Housing and area. This request is not supported by FMR areas was conducted during the Planning Association of MA requested the data used to determine to which summer of 2005. Puerto Rico’s FMRs that HUD use the city-town building area a county is most closely aligned. were calculated so as to take into blocks in Census Bureau NECTA area Lafayette, IN, and Rochester, MN, both consideration all available data that definitions rather than county-based expressed concern that adding a might result in upward housing quality areas. nonmetropolitan county reduced their or other adjustments to rents, and the The Lexington and Lincolnton public FMRs. Rochester, MN, reiterated its final FMRs are considerably above the housing agencies (PHAs) of North comments filed for the FY2005 FMRs normal points in which FMRs are Carolina, representing Davidson and that the reduction in the FMRs for the located within overall rent distributions. Lincoln counties, respectively, protested large bedroom-size rents was based on Many areas expressed concern with the large FMR decreases that resulted flawed Census 2000 data and HUD FMR reductions resulting from either from these counties being removed from should not increase all bedroom FMRs recent RDDs or modifications to their metropolitan areas under the new OMB at the same rate. No acceptable factual area definition. These include the definitions and being redefined as data were submitted to support this Oklahoma City Housing Authority, the nonmetropolitan counties with their group of requests or to indicate why Chicago Area Fair Housing Alliance, the own FMRs. Davidson County formerly 2000 Census data should not be used. Village of North Syracuse Housing was in the Greensboro-Winston-Salem- Comments on proposed San Francisco Authority, and the Bloomington High Point MSA and Lincoln was in the FMRs were filed by the local housing Housing Authority. The Oklahoma and Charlotte-Gastonia-Rock Hill MSA. authority, the Mayor, the Housing Chicago concerns were not supported by Surveys were conducted of these two Rights Committee, and U.S. factual data and are inconsistent with counties, as well as Rowan County, Representative Tom Lantos. All survey data. The North Syracuse which was also formerly part of the protested the low FMRs, which were problem can be addressed using the Charlotte metropolitan area. Only reduced last year, and all expressed HUD exception policy. HUD plans to Rowan County received a survey-based concern that San Francisco’s tight rental conduct a survey of Bloomington, but increase. market was not adequately measured by this was delayed until the fall because

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the respective PHA agreed with HUD from Census Bureau and private market notice required a periodic review of staff that conducting a survey during the rental surveys show that rental vacancy areas eligible for 50th percentile FMRs. summer of 2005 was undesirable levels have been unusually high the past The notice published on August 25, because it would have omitted the few years and that rent changes in many 2005 (70 FR 50138), provided updated significant impact of college student areas are minimal or negative. Census information on which areas met the renters. surveys show the same pattern of 50th percentile FMR eligibility criteria The National Association of Home results. Given this information, it was to and requested public comments on the Builders (NAHB), the Public Housing be expected that FMR surveys would proposed changes. Because FY2006 Authorities Directors Association produce more decreases than increases FMRs have to be issued for effect before (PHADA), the National Association of if a representative selection of FMR public comments on the August 25, Affordable Housing Lenders (NAAHL), areas was surveyed. 2005, notice can be considered, the and the National Association of Housing A better explanation of the utility FMRs published in this notice do not and Redevelopment Officials (NAHRO) component of the gross rent in the FMR implement any of the proposed FMR provided comments for their was also requested. This has been reductions from the 50th to the 40th constituents. NAHB stressed that there provided in HUD’s new FMR percentile level. This notice does, should be a strict floor on FMR documentation system at http:// however, provide 50th percentile FMRs reductions, no more than five percent, www.huduser.org/datasets/fmr/ for the newly eligible areas designated including RDD survey results. HUD fmrs.html. in the August 25, 2005, notice. disagrees that there should be VI. Manufactured Home Space Surveys HUD asks that areas please take constraints on increases or decreases, special note that unless information is The FMR used to establish payment since these are based on factual rent submitted that changes the results of the standard amounts for the rental of relationships and only affect eligibility determinations issued in the manufactured home spaces in the prospective voucher leases. August 25, 2005, notice, the proposed Housing Choice Voucher program is 40 reductions in FMRs from the 50th to the NAAHL commented that the percent of the FMR for a two-bedroom 40th percentile for selected areas will be application of the five percent rule is unit. HUD will consider modification of implemented in a subsequent notice. uneven because it did not limit the manufactured home space FMRs decreases for FMRs of counties that where public comments present HUD intends to issue this subsequent were removed from metropolitan areas. statistically valid survey data showing notice as quickly as possible after They suggested that areas with large the 40th percentile manufactured home review and consideration of the public decreases should be held harmless. space rent (including the cost of comments on the August 25, 2005, PHADA also expressed concern for utilities) for the entire FMR area. No notice. formerly metropolitan counties with new exception requests were filed. Because the results of the 50th large decreases. HUD disagrees that its All approved exceptions to these rents percentile FMR eligibility analysis treatment of nonmetropolitan county that were in effect in FY2005 were contained in the August 25, 2005, notice FMRs is inconsistent with its treatment updated to the midpoint of FY2006 are not being fully implemented at this of metropolitan areas. Metropolitan using the same data used to estimate the time, all areas that had 50th percentile areas with more than a five percent Housing Choice Voucher program FMRs in the June 2, 2005, notice of increase or decrease as a result of the FMRs. If the result of this computation proposed FY2006 FMRs continue to new definitions were assigned FMRs was higher than 40 percent of the have them in this notice. In addition, calculated based on their own data. rebenchmarked two-bedroom rent, the the 10 newly designated areas that Counties that were removed from FMR exception remains and is listed in qualified for 50th percentile FMRs are areas were also given FMRs based on Schedule D. The FMR area definitions assigned them in this notice. Again, their own data. The only difference is used for the rental of manufactured however, HUD anticipates that the that use of FMR area data produced home spaces are the same as the area subsequent notice to be issued on 50th larger decreases for some of the counties definitions used for the other FMRs. percentile FMRs will be limited to the removed from metropolitan areas. areas listed as eligible for 50th NAHRO asserted that recent RDD VII. 50th Percentile FMR Area percentile FMRs in the August 25, 2005, results that produced a much higher Designation notice and not the June 2, 2005, notice. number of FMR reductions than An interim rule published on October Table 2 identifies the 10 new areas increases point to a problem with this 2, 2000 (65 FR 58870), established 50th (which were identified in the August 25, methodology. HUD does not agree. Data percentile FMRs for 39 FMR areas. That 2005, notice).

TABLE 2.—PROPOSED FY2006 40TH PERCENTILE FMR AREAS THAT SHOULD BE ASSIGNED 50TH PERCENTILE FMRS

Baltimore-Towson, MD MSA ...... Providence-Fall River, RI-MA HMFA. Hartford-West Hartford-East Hartford, CT HMFA ...... Riverside-San Bernardino-Ontario, CA MSA. Honolulu, HI MSA ...... Sarasota-Bradenton-Venice, FL MSA. Milwaukee-Waukesha-West Allis, WI MSA ...... Tacoma, WA HMFA. New Haven-Meriden, CT HMFA ...... Tucson, AZ MSA.

Riverside-San Bernardino-Ontario, percentile FMR estimate for the area disasters. HUD’s past natural disaster CA, in addition to becoming a 50th that is reflected in this publication. policy has been to allow PHAs in percentile FMR area, has an additional Federal Emergency Management Agency VIII. Katrina Disaster Area FMRs FMR increase based on RDD results. At (FEMA)-designated disaster areas to the 50th percentile standard, the RDD The Secretary of HUD has authority to request exception FMRs of 110 percent survey conducted showed a statistically modify FMRs to meet changes in rents of published FMRs, and to allow them significant increase in the 50th resulting from declared Federal to retain use of those FMRs for a two-

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year period. The Department is fully should preferably be randomly drawn and economic integration of the CBSA aware that the Katrina disaster is much from a complete list of rental units for component areas increases. larger in scope than previous disasters the FMR area. If this is not feasible, the Modifications to metropolitan CBSA and that the FMRs in this publication selected sample must be drawn to be definitions are made according to a are based on pre-Katrina data. statistically representative of the entire formula as described below: Communities far outside FEMA- rental housing stock of the FMR area. In Metropolitan Areas CBSAs (referred designated disaster areas are being particular, surveys must include units of to as Metropolitan Statistical Areas or significantly impacted by displacees all rent levels and be representative by MSAs) may be modified to allow for seeking housing. HUD’s Office of Public structure type (including single-family, sub-area FMRs within MSAs based on and Indian Housing will be issuing a duplex, and other small rental the boundaries of old FMR areas (OFAs) notice within the next few weeks that properties), age of housing unit, and within the boundaries of new MSAs. addresses how PHAs may obtain geographic location. The decennial (OFAs are the FMR areas defined for the disaster-related exception FMRs to meet Census should be used as a starting FY2005 FMRs. Collectively, they local needs. point and means of verification for include old-definition MSAs/PMSAs, determining whether the sample is IX. HUD Rental Housing Survey Guides metro counties deleted from old- representative of the FMR area’s rental definition MSAs/PMSAs by HUD for HUD recommends the use of housing stock. All survey results must professionally conducted RDD FMR purposes, and counties and county be fully documented. parts outside of old-definition MSAs/ telephone surveys to test the accuracy of A PHA or contractor that cannot PMSAs referred to as non-metropolitan FMRs for areas where there is a obtain the recommended number of counties.) Sub-areas of MSAs are sufficient number of Section 8 units to sample responses after reasonable justify the survey cost of $20,000 to efforts should consult with HUD before assigned their own FMRs when the sub- $30,000. Areas with 500 or more abandoning its survey; in such area 2000 Census Base Rent differs by at program units usually meet this situations HUD is prepared to relax least 5 percent from (i.e., is at most 95 criterion, and areas with fewer units normal sample size requirements. percent or at least 105 percent of) the may meet it if local rents are thought to Accordingly, the FMR Schedules, MSA 2000 Census Base Rent. MSA be significantly different than the FMR which will not be codified in 24 CFR subareas, and the remaining portions of proposed by HUD. In addition, HUD has part 888, are amended as follows: MSAs after sub-areas have been developed a simplified version of the determined, are referred to as HMFAs to Dated: September 27, 2005. distinguish these areas from OMB’s RDD survey methodology for smaller, Roy A. Bernardi, nonmetropolitan PHAs. This official definition of MSAs. Deputy Secretary. methodology is designed to be simple The specific counties and New enough to be done by the PHA itself, Fair Market Rents for the Housing England towns and cities within each rather than by professional survey Choice Voucher Schedules B and D— state in MSAs and HMFAs are listed in organizations. General Explanatory Notes the FMR tables. PHAs in nonmetropolitan areas may, in certain circumstances, do surveys of 1. Geographic Coverage 2. Bedroom Size Adjustments groups of counties; all county-group a. Metropolitan Areas—FMRs are Schedules B shows the FMRs for 0- market-wide rent estimates that are surveys have to be approved in advance bedroom through 4-bedroom units. The intended to provide housing by HUD. PHAs are cautioned that the FMRs for unit sizes larger than 4 opportunities throughout the geographic resulting FMRs will not be identical for bedrooms are calculated by adding 15 area in which rental-housing units are the counties surveyed; each individual percent to the 4-bedroom FMR for each in direct competition. The FY2006 FMR area will have a separate FMR extra bedroom. For example, the FMR FMRs reflect a change in metropolitan based on its relationship to the for a 5-bedroom unit is 1.15 times the area definition where HUD is using combined rent of the group of FMR 4-bedroom FMR, and the FMR for a 6- Core-Based Statistical Areas (CBSA), areas. bedroom unit is 1.30 times the 4- PHAs that plan to use the RDD survey that are made up of one or more bedroom FMR. FMRs for single-room- technique may obtain a copy of the counties, as defined by OMB, with some occupancy (SRO) units are 0.75 times appropriate survey guide by calling modifications. HUD is generally the 0-bedroom FMR. HUD USER on (800) 245–2691. Larger assigning separate FMRs to the PHAs should request ‘‘Random Digit component counties of CBSA 3. Arrangement of FMR Areas and Dialing Surveys; A Guide to Assist Micropolitan Areas. Identification of Constituent Parts Larger Housing Agencies in Preparing b. Modifications to OMB Fair Market Rent Comments.’’ Smaller Definitions—Following OMB guidance, a. The FMR areas in Schedule B are PHAs should obtain ‘‘Rental Housing the estimation procedure for the FY2006 listed alphabetically by metropolitan Surveys; A Guide to Assist Smaller FMRs incorporates the 2003 OMB FMR area and by nonmetropolitan Housing Agencies in Preparing Fair definitions of metropolitan areas based county within each state. The exception Market Rent Comments.’’ These guides on the new CBSA standards as FMRs for manufactured home spaces in are also available on the Internet at implemented with 2000 Census data, Schedule D are listed alphabetically by http://www.huduser.org/datasets/ but makes adjustments to the definitions state. fmr.html. to separate subparts of these areas where b. The constituent counties (and New HUD prefers, but does not mandate, FMRs would otherwise change England towns and cities) included in the use of RDD telephone surveys, or the significantly if the new area definitions each metropolitan FMR area are listed more traditional method described in were used without modification. In immediately following the listings of the the small PHA survey guide. Other CBSAs where sub-areas are established, FMR dollar amounts. All constituent survey methodologies are acceptable if it is HUD’s view that the geographic parts of a metropolitan FMR area that they provide statistically reliable, extent of the housing markets are not yet are in more than one state can be unbiased estimates of the 40th the same as the geographic extent of the identified by consulting the listings for percentile gross rent. Survey samples CBSAs, but may become so as the social each applicable state.

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c. Two nonmetropolitan counties are d. The New England towns and cities county are listed immediately following listed alphabetically on each line of the included in a nonmetropolitan part of a the county name. nonmetropolitan county listings. BILLING CODE 4210–32–P

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[FR Doc. 05–19678 Filed 9–28–05; 9:49 am] BILLING CODE 4210–32–C

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Part III

Department of Housing and Urban Development Regulatory and Administrative Waivers Granted for Public and Indian Housing Programs to Assist with Recovery and Relief in Hurricane Katrina Disaster Areas; Notice

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DEPARTMENT OF HOUSING AND 451 Seventh Street, SW., Room 4116, and other administrative provisions that URBAN DEVELOPMENT Washington, DC 20410–5000, telephone require periodic reporting and other number (202) 708–4016, extension 4245, information delivery by PHAs, Indian [Docket No. FR–5018–N–01] or (202) 708–0713, extension 7651. tribes, and TDHEs. While such reporting Regulatory and Administrative Waivers Persons with hearing or speech is important to ensure effective and Granted for Public and Indian Housing impairments may access this number efficient administration of PIH Programs to Assist with Recovery and via TTY by calling the Federal programs, these requirements have been Relief in Hurricane Katrina Disaster Information Relay Service at (800) 877– waived in order that PIH program Areas 8339. administrators may focus their time and SUPPLEMENTARY INFORMATION: resources on identifying and providing AGENCY: Office of the Assistant decent and safe housing during this Secretary for Public and Indian I. Background Information period of unparalleled displacement of Housing, HUD. In late August 2005, Hurricane families and individuals. ACTION: Notice. Katrina hit the Gulf Coast area of the For the majority of the regulations and United States, causing unprecedented administrative requirements listed in SUMMARY: This notice advises the public and catastrophic damage to property, this notice and for which a waiver was of HUD regulations and other significant loss of life, and the granted, HUD did not waive the administrative requirements governing displacement of tens of thousands of requirements entirely but deferred HUD’s Office of Public and Indian individuals and families from their compliance until such time as Housing (PIH) programs that have been homes and communities. The President compliance may be feasible; for waived in order to facilitate the delivery has called upon all federal agencies to example, in many cases HUD extended of safe and decent housing under these deadlines for reports or other do everything in their power to assist programs to families and individuals documents that PIH program the victims of Hurricane Katrina, with who have been displaced from their administrators must submit to HUD. the top priority being to save and housing by Hurricane Katrina. Entities Because the devastation caused by sustain lives. With recognition that that administer PIH programs, which Hurricane Katrina is unprecedented, shelter is key to saving and sustaining include public housing agencies (PHAs), and the need for housing and other lives, and following the President’s Indian and tribally designated housing basic life saving and sustaining relief is direction to eliminate or reduce ‘‘red entities (TDHEs), and local and tribal widespread and immediate, HUD is tape’’ that will impede the delivery of governments, and are located in an area relying on its experienced partners in federal financial assistance and other declared by the President to be a federal the HUD housing-assistance programs needed benefits, this notice identifies disaster area as a result of Hurricane who are in the front-line of recovery HUD regulations and other Katrina, may defer compliance with the efforts to meet the challenge of administrative requirements governing regulations and other requirements providing decent, safe, and sanitary HUD’s PIH programs that are waived or listed in this notice for an initial period housing as expeditiously as possible temporarily suspended or deferred in an of 12 months or such other period as and to comply to the extent possible area declared by the President to be a may be specified in this notice. PIH with the regulations that promote that federal disaster area as a result of program administrators that are not goal. HUD does not want the time and Hurricane Katrina (‘‘disaster area’’). In located in a disaster area but assisting resources of PHAs, Indian tribes, and addition, HUD will provide an with Hurricane Katrina recovery and THDEs diverted by requirements that expedited review process to waive the relief may request waiver of the are important but can be deferred until requirements listed in this notice upon regulations and administrative such time as a degree of normalcy in request from PIH program requirements listed in this notice, and operations returns to the disaster areas. administrators that are not located in HUD review and response is available As the recovery period proceeds, HUD disaster areas but are assisting with through an expedited waiver request may identify other regulations for which Hurricane Katrina recovery and relief and response process. PIH program waiver or temporary deferral or efforts. administrators, located in an area suspension is needed or determine that declared a federal disaster area as a HUD’s Office of Public and Indian other alternative requirements may be result of Hurricane Katrina, or PIH Housing examined the regulations necessary to assist with facilitation of program administrators not located in governing PIH programs and delivery of housing to those most in such an area but assisting with recommended waiver or temporary need. Any additional HUD waivers or Hurricane Katrina relief and recovery suspension or deferral of those suspensions or other alternative efforts, may request waiver of a regulations that the office believes could requirements will be announced by regulation or other administrative impede PIH program administrators in direct notice to PIH program requirement through the expedited their effort to expeditiously assist with administrators and by Federal Register waiver process provided in this notice. housing current PIH program publication. This notice applies only to PIH participants who lost housing as a result PIH program administrators that are programs or to cross-cutting regulatory of Hurricane Katrina as well as others not located in a disaster area but are or administrative requirements that are who now need housing assistance under assisting with Hurricane Katrina applicable to PIH program PIH programs as a result of the recovery and relief efforts may request administrators. hurricane. PIH program administrators waiver of the regulations and that are located in a disaster area may administrative requirements listed in DATES: Effective Date: September 27, defer compliance with the requirements this notice through the expedited waiver 2005. listed in this notice for an initial period request and response process set forth in FOR FURTHER INFORMATION CONTACT: PIH of 12 months under the notification this notice. Disaster Relief Officer, Office of Policy process described in this notice. The In addition to the waiver of regulatory Programs and Legislation, Office of requirements listed in this notice that requirements, some statutory provisions Public and Indian Housing, Department have been deferred, or temporarily contain built-in waiver provisions that of Housing and Urban Development, suspended by waiver include regulatory allow administrative waiver of the

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statutory requirements for cause. Certain want to impose additional Under statutory requirements set forth of those provisions are included in administrative requirements on PIH in section 7(q) of the Department of Section III.A of this notice. program administrators located in the Housing and Urban Development Act This notice lists HUD regulatory and disaster areas during this period, it is (42 U.S.C. 3535(q)), a regulated party administrative requirements that the important for HUD to know (and helpful that seeks a waiver of a HUD regulation Office of PIH determined needed to be for HUD to know) how these entities are must request a waiver from HUD in waived or temporarily deferred or administering their PIH programs writing and the waiver request must suspended during the Hurricane Katrina during the recovery period, as HUD has specify the need for the waiver. HUD recovery period. If, PHAs, Indian tribes, tried to make this notification process as then responds to the request in writing and TDHEs, and other PIH program easy as possible. HUD will maintain and, if the waiver is granted, HUD administrators identify other regulations information on the names of the PHAs, includes a summary of the waiver that they believe should be waived, they Indian tribes, or TDHEs that have granted (and all regulatory waivers should seek a waiver by submitting a deferred compliance with certain granted during a three-month period) in waiver request, which specifies the need regulatory and administrative a Federal Register notice that is for a waiver, to the email address requirements in accordance with this published quarterly. Since the damage provided below in Section II, which notice. The regulation or administrative to property and the displacement of describes the expedited waiver process. requirement will remain inapplicable families and individuals in the disaster for a period of 12 months and will be areas is massive, and the need for II. Waiver Process considered waived or suspended by regulatory relief in many areas A. For PIH Program Administrators in HUD for an additional three months pertaining to HUD-assisted housing is Declared Disaster Areas upon notification to HUD following the readily apparent, HUD is suspending its Entities that administer public or same notification process described usual regulatory waiver protocols for the Indian housing or voucher programs above. disaster areas and has substituted an and are located in the areas declared a B. For PIH Program Participants in Non- expedited process that meets the federal disaster area as a result of Disaster Declared Areas requirements of section 7(q). In a quarterly notice of regulations Hurricane Katrina may defer or suspend PIH program administrators that are compliance with the regulations and waived, HUD will identify the PIH not located in a disaster area but are program administrators in the disaster other administrative requirements listed contributing to Hurricane Katrina relief in this notice, with the exception of the areas that are utilizing one or more of and recovery efforts may request a the waived regulations in this notice or waiver of the provision in Section waiver of the regulations or III.B.12, upon the effective date of this other regulations for which a waiver administrative requirements listed in was requested or granted. The quarterly notice, for an initial period of 12 months this notice by sending a request for a or for such other period as may be notice will also identify PIH program waiver to the administrators that are located in non- specified in this notice. These entities, _ _ PIH Disaster [email protected] federally declared disaster areas and are however, should notify HUD within two e-mail address. The request must weeks of determination of the need to contributing to Hurricane Katrina relief specify the need for the waiver of the and recovery efforts that requested and utilize the waived requirements in this requirement. Waiver requests submitted notice, or as soon as possible, by were granted waivers in accordance through this e-mail address will receive with the waiver process provided in this contacting HUD in the manner detailed priority processing. in the following paragraph. notice. An official of the PHA, TDHE, tribal C. Regulations and Requirements Not The regulatory and administrative or local government that seeks the Waived in this Notice requirements set forth in Section III of this notice have been waived or suspension of compliance with For any regulation or other requirements listed in this notice must temporarily deferred or suspended as administrative requirement not listed in provided in this notice. This action was contact HUD in writing (e-mail this notice for which a PIH program communication is allowed) and identify determined necessary to assist PIH administrator seeks waiver or program administrators in the disaster the requirements by section and number suspension, the program administrator utilized in this notice (e.g., Section areas in facilitating the identification may seek a waiver by sending a request and delivery of housing for families and III.A.2. Section III.B. 1, 2, 3, etc, or ‘‘all to the [email protected] e- of the waived or suspended individuals displaced from their homes mail address. The request must specify by Hurricane Katrina. PIH program requirements in Section III.’’). The the need for the waiver of the following e-mail address has been administrators referenced in Section III requirement. As noted earlier, waiver of this notice (e.g., PHAs, TDHEs), even established in order to expedite the requests submitted through this e-mail process: [email protected]. if, at times, not specifically described as address will receive priority processing, PIH program administrators located in a In addition, a checklist of the waived or and HUD will respond to the requestor suspended requirements is available at disaster area, refer only to by e-mail. administrators located in disaster areas. HUD’s Web site at http://www.hud.gov/ The expedited waiver process is katrina/proguidance.cfm, and an provided only for waiver or suspension A. Statutory Requirements with Built-In eligible PHA can use this checklist to of requirements that will assist with the Waiver Authority identify the waived or suspended Hurricane Katrina relief and recovery 1. Extension of Deadline for Obligation requirements that it will utilize. efforts. HUD will not respond to any and Expenditure of Capital Funds This is a notification process only, waiver requests submitted to this e-mail and HUD asks that this notification be address that are unrelated to relief and Section 9(j)(2) of the U.S. Housing Act made to HUD no later than two weeks recovery of the disaster areas. of 1937 (42 U.S.C. 1437g(j)(2)) (1937 after a PHA determines the need to rely Act) authorizes the Secretary to extend on one or more or all of the waived or III. Authority to Grant Waivers the time period for obligation of capital suspended requirements in this notice. Generally, waivers of HUD regulations funds by PHAs, as set forth in section While, as noted earlier, HUD does not are handled on a case-by-case basis. 9(j)(1), for such period as the Secretary

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determines necessary if the Secretary B. Regulatory Requirements. days after the end of their fiscal year. determines that the failure of the agency This deadline is changed from 60 days 1. 24 CFR 5.216(g)(5) (Disclosure and to obligate assistance in a timely manner to 180 days after the end of the PHA’s Verification of Social Security and is attributable to, among other criteria Employer Identification Numbers) fiscal year. In addition, § 5.801(d)(1) listed, an event beyond the control of requires that PHAs submit their audited the PHA, or any other reason Section 5.216 addresses the disclosure financial information no later than nine established by the Secretary by notice and verification of Social Security months after the PHA’s fiscal year end. published in the Federal Register. Numbers and employer identification For PHAs with fiscal years ending Pursuant to section 9(j)(1) of the 1937 numbers of applicants for assistance December 31, 2004, and March 31, 2005, Act, PHAs are required to obligate under certain HUD assisted housing this deadline is changed from nine capital funds not later than 24 months programs. Section 5.216(g) imposes months to 13 months after the end of the after the date on which the funds special documentation requirements on PHA’s fiscal year. Although PHAs are became available, or the date on which applicants, and subsection (g)(5) still required to submit unaudited and the PHA accumulates adequate funds to establishes the time limit for submission audited financial information pursuant undertake modernization, substantial of this documentation. The time period to UFRS, they will not be scored under required for submission of verification rehabilitation, or new construction of the Public Housing Assessment System documents is waived for a period of units, plus the period of any extension (PHAS), as more fully discussed in three months in the case of all families approved under section 9(j)(2). The Section III.B.4. below. occurrence of Hurricane Katrina was and for a period not to exceed 12 beyond the control of the PHAs located months with approval. 4. 24 CFR part 902 (Public Housing in the disaster areas and caused such 2. 24 CFR 5.512(c) (Verification of Assessment System (PHAS)) massive and widespread destruction Eligible Immigration Status; Secondary Part 902 sets out the indicators by and displacement that the obligation Verification) deadline under section 9(j)(1) of the which HUD measures the performance 1937 Act is hereby extended pursuant to Section 5.512 provides the process by of a PHA. These indicators measure a section 9(j)(2) of the 1937 Act for an which verification of eligible PHA’s physical condition, financial additional 12 months for PHAs located immigration status must be undertaken condition, management operations, and in the areas declared a Federal disaster for families seeking assistance under resident service and satisfaction. For area. certain HUD programs. While the PHAs in the areas declared a federal In addition, section 9(j)(5)(A) of the declaration of eligibility and this disaster area beginning with fiscal year 1937 Act requires a PHA to expend verification process is required by end September 30, 2005, and for those capital funds not later than four years statute and cannot be waived, HUD does with fiscal years ending March 31, 2005, after the date on which the funds have the authority to waive certain and June 30, 2005, that have not yet become available for obligation, plus the deadlines. Section 5.512(d) provides the received their physical condition period of any extension approved under time frame under which a secondary inspections for 2005, the PHAs score section 9(j)(2). The expenditure period verification must be requested of the will be the same as their previous year under section 9(j)(5) is accordingly also Immigration and Customs Enforcement score. However, PHAs are still required extended in the affected areas for 12 (ICE) by the responsible entity when the to submit unaudited and audited months to include the extension primary verification (the automated information in accordance with Section approved under section 9(j)(2). The verification system) is not conclusive of III.B.3. extension of the section 9(j) obligation immigration status. The responsible and extension deadlines made in this entity must request ICE to undertake a 5. 24 CFR 903.5 (Annual Plan notice also apply to the implementing secondary verification within 10 days of Submission Deadline) regulation for section 9(j) at 24 CFR receipt of the results of the primary Section 5A(h)(2) of the 1937 Act (42 905.120. verification, and must provide the ICE with all records on the applicant U.S.C. 1437c–1(h)(2)) and 24 CFR 903.5 2. Waiver of ICDBG 50 Percent evidencing citizen or eligible provide that a PHA Annual Plan must Downpayment Assistance Limitation for immigration status that the applicant be submitted no later than 75 days Low- and Moderate-Income has provided to the responsible entity. before the commencement of a PHA’s Homebuyers This notice provides that the time frame fiscal year. Each PHA affected may have Section 122 of the Housing and under which a secondary verification a different fiscal year and for those Community Development Act of 1974 must be requested is expanded from 10 PHAs that are approaching this (42 U.S.C. 5321) authorizes the days of the date of the results of the submission deadline, this requirement Secretary to suspend requirements for primary verification to 90 days from may be impossible to meet because the activities to address the damage in a such date. PHAs are not operating. Since this Presidentially declared disaster area. requirement is a statutory one and not Section 105(a)(24)(D) (42 U.S.C. 5305) 3. 24 CFR 5.801(c) and 5.801(d)(1) waivable by HUD without further permits a grantee to provide (Uniform Financial Reporting Standards authority, HUD is seeking legislative downpayment assistance to low- and (UFRS); Reporting Due Date) relief. However, HUD will accept as a moderate-income homebuyers, but These sections establish uniform submission a letter from the PHA stating limits the assistance to 50 percent of the financial reporting standards for PHAs that HUD should consider its existing amount of downpayment the and other owners and administrators of annual plan to be the plan for the next homebuyer must provide. Because of HUD-assisted housing. Section 5.801(c) year or until it submits another annual the extraordinary need for housing establishes the financial information plan. For Capital Fund activities, PHAs among low- and moderate-income requirements and § 5.801(d)(1) may obligate their Capital Funds for any evacuees, HUD finds good cause to establishes the filing deadline for activity listed in their existing and permit downpayment assistance of up to financial information and provides that approved 5-year plan. PHAs should also 100 percent for the purchase of homes PHAs must submit their unaudited submit amendments to their 5-year plan in the disaster area. financial information no later than 60 to the extent necessary.

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6. 24 CFR 905.10(i) (Capital Fund 10. 24 CFR 982.206 (Waiting List; approval of payment standards in excess Formula; Limitation of Replacement Opening and Public Notice) of 110 percent of the published FMRs. Housing Funds to New Development) This section requires a PHA to give However, the PHA must provide information indicating that (1) they have Section 905.10 describes the Capital the public notice that families may apply for tenant-based assistance. The a significant number of displaced Fund formula. Section 905.10(i) limits families and (2) area rents have regulation requires a PHA to publish a the use of replacement housing funds to increased. the development of new public housing. notice of the opening of the list in a This section is waived to allow local newspaper of general circulation, 13. 24 CFR 984.303 (Contract of replacement housing funds to be used and also by minority media and other Participation; Family Self-Sufficiency for two other areas, public housing suitable means. The requirement to (FSS) Program; Extension of Contract) and 24 CFR 984.105 (Minimum Program modernization and homeownership for publish in a newspaper of general circulation and also by minority media Size) public housing families, which will is waived, and a PHA may provide such help address housing needs as a result Part 984 of HUD’s regulations provide information on its Web site and at any of the displacement caused by the requirements for the Section 8 and of its offices and in a voice mail message Hurricane Katrina. Public Housing FSS Program. Section for any callers that may inquire whether 984.303 sets out the requirements for 7. 24 CFR 941.306 (Maximum Project a list is opened. the contract of participation and Cost) 11. 24 CFR 982.401(d) (Housing Quality § 984.303(d) allows for an extension of Standards: Space Requirements) the FSS program for a period not to Section 941.306 establishes the exceed two years. For those families at calculation of maximum project cost By regulation, § 982.401 establishes the end of their initial contract term, the and the calculation of the total housing quality standards. Section two-year limitation is waived and PHAs development cost. In order to facilitate 982.401(d) provides, among other may provide an extension for a period the use of capital funds for repairs and things, the requirement for adequate not to exceed three years. This construction for needed housing in the space for the family. With respect to additional time period would account disaster areas, HUD has waived the total space, this section provides that each for any time lost on the FSS contract as development cost (TDC) and housing dwelling unit must have at least one a result of the displacement of families cost cap limits for all work funded by bedroom or living/sleeping room for participating in the FSS program. the Capital Fund and HOPE VI funds each two persons. The spacing Section 984.105 sets out the until issuance of new TDC levels. Until requirements of this section can be requirements for minimum FSS program new TDC levels are issued, PHAs waived only if the family understands size. This notice exempts PHAs from the should strive to keep housing costs and consents to a waiver of this minimum program size (§ 984.105(a) reasonable given local market provision. Again, as noted from the and (b)) for a period of two years. conditions. outset, the waiver of these regulations does not represent a long-term change 14. 24 CFR part 985 (Section 8 8. 24 CFR 965.302 (Requirements for but rather a temporary suspension of Management Assessment Program Energy Audits) requirements to address emergency (SEMAP)) This section establishes the needs. Part 985 sets out the requirements by requirement that all PHAs complete an 12. 24 CFR 982.503(b) (Waiver of which section 8 tenant-based assistance energy audit for each PHA-owned Payment Standard Limit; Establishing programs are assessed. Similar to the project under management, not less than Payment Standard Amounts). [Waiver of action that HUD has taken with respect once every five years. PHAs that are this Provision Available Through to the PHAS regulations in 24 CFR part required to conduct or update an audit Waiver Request.] 902, PHAs administering a section 8 this year are given an additional 12 tenant-based assistance program are Section 982.503(b) imposes a cap on months after September 30, 2005, to eligible to defer compliance with the the amount a PHA may establish as its complete the audit. HUD is relieving SEMAP requirements for a period of 12 payment standard amount at 110 PHAs of this administrative burden so months. percent of the published fair market rent that they may focus on the more urgent (FMR). In order to expand the housing 15. 24 CFR 990.145 (Dwelling Units need to house impacted families. available to families displaced by with Approved Vacancies) 9. 24 CFR 982.54 (Administrative Plan) Hurricane Katrina, PHAs in disaster Section 990.145 of the revised areas may establish separate payment Operating Fund Program regulation (79 This section provides that a PHA standards amounts up to 120 percent of FR 54984, September 19, 2005) lists the must adopt a written administrative the published FMR. Higher exception categories of vacant units that are plan that establishes local policies for rents above 120 percent may be eligible to receive operating subsidy the administration of the Housing requested through the described and, therefore, are considered approved Choice Voucher Program in accordance expedited waiver process, but must be vacancies. PHAs that had vacant units with HUD requirements. In order to justified by rental housing data. In all during the reporting period that were allow PHAs to exercise maximum cases, the actual gross rent for the unit not ‘‘approved’’ vacancies pursuant to flexibility with program administration leased by the family may not exceed § 990.145, but were available for as a result of Hurricane Katrina, the what is charged for comparable occupancy, may treat those units as PHA may temporarily revise the unassisted units in the area. approved vacancies if: (1) The PHA administrative plan to address unique Note that areas whose rental housing anticipates the units will be occupied by circumstances without PHA Board of markets have been significantly affected families and individuals affected by the Commissioners approval or other by families displaced by Hurricane disaster during the upcoming funding authorized PHA official approval if such Katrina may request a waiver through year, or (2) the PHA is holding the units Board or officials also waive this the expedited waiver review process, set vacant for families and individuals requirement. forth in Section II of this notice, for affected by the disaster.

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16. 24 CFR 1000.156 and 1000.158 in the IHP originally submitted by the information that must be contained for (IHBG Moderate Design Requirements tribe or TDHE. imminent threat applications for FY for Housing Development) 2005 is located in Section I.C. of the FY 18. 24 CFR 1003.400(c) and Section I.C. 2005 ICDBG NOFA. These application The IHBG program regulations at of FY 2005 Indian Community requirements are waived to permit §§ 1000.156 and 1000.158 require that Development Block Grants (ICDBG) Indian tribes located in areas affected by housing developed with IHBG funds Program Notice of Funding Availability Hurricane Katrina to more expeditiously must be of moderate design. Under (NOFA) (Grant Ceilings for ICDBG request and receive ICDBG imminent these regulatory sections, IHBG Imminent Threat Applications) recipients must either adopt written threat funds. Applicants located in these moderate design standards or comply The ICDBG regulations at areas are still required to submit a with the TDC limits issued by HUD. In § 1003.400(c) provide that HUD will request for imminent threat assistance to recognition of the higher development establish grant ceilings for imminent HUD in accordance with Section costs in communities affected by threat applications. On March 21, 2005 1003.401 and the FY 2005 ICDBG Hurricane Katrina, and to facilitate the (70 FR 13655), HUD published its FY NOFA, but it is no longer necessary for development of housing for families in 2005 ICDBG NOFA as part of HUD’s FY the request to contain the information these communities, these moderate 2005 SuperNOFA. Section I.C. of the FY listed in section I.C. of the NOFA. 2005 ICDBG NOFA specifies that the design requirements are waived for 20. 24 CFR 1003.604 (ICDBG Citizen grant ceiling for ICDBG imminent threat IHBG recipients until issuance of new Participation Requirements) TDC levels. Until new TDC levels are requests for FY 2005 is $425,000. This issued, IHBG recipients should strive to grant ceiling is waived to permit The ICDBG regulations at § 1003.604 keep housing costs reasonable given applicants to request imminent threat require applicants to consult with local market conditions. funding in excess of $425,000 if residents prior to submitting their necessary to address disaster-related funding applications. The consultation 17. 24 CFR 1000.214 (Indian Housing needs in their communities. Plan (IHP) Submission Deadline) requirements have the potential to delay 19. 24 CFR 1003.401 and Section I.C. of the ability of ICDBG recipients to To receive an IHBG formula FY 2005 ICDBG NOFA (Application address urgent housing, health, and allocation, an Indian tribe or its TDHE Requirements for ICDBG Imminent safety needs of persons displaced by must annually submit an IHP to HUD Threat Funds) Hurricane Katrina. Accordingly, this describing the affordable housing section is waived to permit eligible activities the Indian tribe or TDHE will The ICDBG regulations at Section ICDBG applicants to address disaster- undertake. Section 1000.214 requires 1003.401 provide that, in response to related needs without the need for prior that the IHP must be submitted to HUD applications for assistance, HUD may resident consultation. no later than July 1 of each year. This make ICDBG funds available to section is waived to permit tribes and applicants to address imminent threats Dated: September 27, 2005. TDHEs to undertake affordable housing to health and safety. The regulation Roy A. Bernardi, activities on behalf of families displaced further provides that applications must Deputy Secretary. by Hurricane Katrina, although these contain the information specified in the [FR Doc. 05–19758 Filed 9–30–05; 8:45 am] activities may not have been identified annual ICDBG NOFA. The required BILLING CODE 4210–33–P

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Part IV

Department of Labor Wage and Hour Division

29 CFR Part 697 Industries in American Samoa; Wage Order; Final Rule

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DEPARTMENT OF LABOR applicable to all industries in American IV. Executive Order 12866 and Small Samoa. The recommendations increase Business Regulatory Enforcement Wage and Hour Division the minimum wages in the government Fairness Act employees, ship maintenance, hotel, This rule is not a ‘‘significant 29 CFR Part 697 tour and travel services as well as regulatory action’’ within the meaning miscellaneous activities industry of Executive Order 12866, and no Industries in American Samoa; Wage classifications by 5 percent over a two- Order regulatory impact analysis is required. year period. The Committee retained the This document puts into effect the wage AGENCY: Wage and Hour Division, previously established minimum wage rates recommended by Industry Employment Standards Administration, rates for all other industries. Section Committee No. 26. Labor. 697.2 provides all the industry wage This rule is not expected to: (1) Have ACTION: Final rule. rates and their effective dates in table an annual effect on the economy of $100 form. The rates provided under the million or more or adversely affect in a SUMMARY: The Department of Labor column heading ‘‘October 3, 2005’’ are material way the economy, a sector of (DOL) is amending regulations to those established prior to the effective the economy, productivity, competition, implement changes in the minimum date of the rates recommended by jobs, the environment, public health or wage rates applicable to various Industry Committee No. 26. The final safety, or State, local, or tribal industry classifications in American two columns of the table provide the governments or communities; (2) create Samoa under the Fair Labor Standards rates effective on October 18, 2005 and a serious inconsistency or otherwise Act (FLSA). The FLSA provides for a October 1, 2006. Section 697.4 specifies interfere with an action taken or special industry committee appointed the overall effective date of the revised planned by another agency; (3) by the Secretary of Labor to determine minimum wage rates. materially alter the budgetary impact of minimum wage rates in American entitlements, grants, user fees, or loan III. Background Samoa. Industry Committee for All programs or the rights and obligations of Industries in American Samoa No. 26 FLSA section 8 and Regulations 29 recipients thereof; or (4) raise novel (the Committee) met in public and CFR 511.18 require and authorize legal or policy issues arising out of legal executive session in Pago Pago, revision of Regulations 29 CFR 697.2 mandates, the President’s priorities or American Samoa during the week of and 697.4, to implement the principles set forth in Executive June 20, 2005. recommendations made by industry Order 12866. DATES: This rule shall become effective committees for setting minimum wage The rule is not a major rule within the October 18, 2005. rates in American Samoa. The Secretary meaning of the Small Business FOR FURTHER INFORMATION CONTACT: of Labor appointed and convened the Regulatory Enforcement Fairness Act of Nancy M. Flynn, Director, Office of Committee, pursuant to FLSA sections 1996. Although the rule will solely Planning and Analysis, Wage and Hour 5, 6 and 8. The Secretary published an affect industries in American Samoa, Division, Employment Standards Administrative Order in the Federal the DOL does not expect its impact on Administration, U.S. Department of Register on May 4, 2005 (70 FR 23236), costs or prices to be major, for the reasons previously discussed. Labor, Room S–3502, 200 Constitution that referred to the Committee the Avenue, NW., Washington, DC 20210: question of minimum wage rates to be V. Unfunded Mandates Reform Act telephone (202) 693–0551. (This is not paid under FLSA section 6 to employees within the various industries and gave For purposes of the Unfunded a toll free number.) Mandates Reform Act of 1995, 2 U.S.C. You may direct questions of notice of a hearing to be held by the Committee in Pago Pago, American 1532, this rule does not include any interpretation and/or enforcement of Federal mandate that may result in Samoa. regulations issued by this agency or excess of $100 million in expenditures referenced in this notice to the nearest Subsequent to the hearing, the by state, local and tribal governments in Wage and Hour Division (WHD) District Committee filed a report containing the aggregate or by the private sector. Office. Locate the nearest office by findings of fact and recommendations calling the WHD toll-free help line at 1– with respect to minimum wage rates for VI. Executive Order 13132 (Federalism) 866–4US–WAGE (1–866–487–9243) various industry classifications with the The Department has (1) reviewed this between 8 a.m. and 5 p.m. in your local Administrator of the WHD. Attachment rule in accordance with Executive Order time zone, or log onto the agency A to the Industry Committee No. 26 13132 regarding federalism and (2) website for a nationwide listing of WHD Report is a written dissent prepared by determined that it does not have District and Area Offices at: http:// the two Committee members federalism implications. The rule does www.dol.gov/esa/contacts/whd/ representing employees. FLSA section not have substantial direct effects on the america2.htm. 8(d) (29 U.S.C. 208(d)) requires that this States, on the relationship between the SUPPLEMENTARY INFORMATION: rule reflect the recommendations national government and the States or contained in the Committee’s report and on the distribution of power and I. Paperwork Reduction Act that it be effective 15 days after responsibilities among the various This regulation is not subject to the publication in the Federal Register of levels of government. Paperwork Reduction Act (Pub. L. 104– the order containing such VII. Administrative Procedure Act 13), because it contains no new recommendations. In this instance, information collection requirements and because of a delay in the publication of The Administrative Procedure Act does not modify any existing this notice and the statutory (APA), 5 U.S.C. 553, normally requires requirements. requirement that the rule become notice and an opportunity for public effective 15 days after publication in the comment when an agency amends a II. Summary of Changes Federal Register, it is necessary to delay substantive rule. The APA, however, This regulation implements the the effective date of October 1, 2005 contains exceptions to the notice and recommendations made by the recommended by the Committee for the comment provisions for (1) Committee for minimum wage rates initial increase until October 18, 2005. ‘‘interpretative rules, general statements

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of policy, or rules of agency General Government Appropriations clear legal standard for affected conduct organization, procedure, or practice’’ Act, 1999. and to promote burden reduction. and (2) rules where the agency for good XI. Executive Order 13045, Protection XV. Document Preparation cause finds that notice and public of Children comment are ‘‘impracticable, This document was prepared under unnecessary, or contrary to the public This rule has no environmental health the direction and control of Alfred B. interest.’’ Agencies may immediately risk or safety risk that may Robinson, Jr., Deputy Administrator, adopt rules subject to the exceptions. disproportionately affect children. Wage and Hour Division, Employment Standards Administration, U.S. The agency hereby finds that good cause XII. Environmental Impact Assessment exists for dispensing with prior notice Department of Labor. A review of this rule in accordance and public comment procedures for List of Subjects in 29 CFR Part 697 these changes and for issuance of this with the requirements of the National rule without publication 30 days in Environmental Policy Act of 1969 American Samoa, Minimum wages. advance of its effective date, as normally (NEPA), 42 U.S.C. 4321, et seq.; the Signed at Washington, DC, this 26th day of required by the APA. (See 5 U.S.C. regulations of the Council on September, 2005. 553(b) and (d).) FLSA section 8(d) (29 Environmental Quality, 40 CFR part Victoria A. Lipnic, U.S.C. 208(d)) requires that this rule 1500, et seq.; and the Departmental Assistant Secretary, Employment Standards reflect the recommendations contained NEPA procedures, 29 CFR part 11, Administration. in the Committee’s report and that it be indicates the rule will not have a Alfred B. Robinson, Jr., significant impact on the quality of the effective 15 days after publication in the Deputy Administrator, Wage and Hour Federal Register of the order containing human environment. There is, thus, no Division. such recommendations. corresponding environmental assessment or an environmental impact I For the reasons set forth above, title VIII. Regulatory Flexibility Act statement. 29, Part 697 of the Code of Federal The requirements of the Regulatory Regulations is amended as set forth XIII. Executive Order 13211, Energy Flexibility Act, 5 U.S.C. 601 et seq., that below. Supply pertain to regulatory flexibility analysis This rule is not subject to Executive PART 697—INDUSTRIES IN AMERICAN do not apply to this rule, because no SAMOA notice of proposed rulemaking is Order 13211. It will not have a required for the rule under the APA. significant adverse effect on the supply, I 1. The authority citation for part 697 (See 5 U.S.C. 601(2).) distribution or use of energy. continues to read as follows: IX. Executive Order 13175, Indian XIV. Executive Order 12630, Authority: 29 U.S.C. 205, 206, 208. Constitutionally Protected Property Tribal Governments I Rights 2. Section 697.2 is revised to read as This rule does not have ‘‘tribal follows: implications’’ under Executive Order This rule is not subject to Executive 13175 that would require a tribal Order 12630, because it does not § 697.2 Industry wage rates and effective summary impact statement. The rule involve implementation of a policy dates. does not have ‘‘substantial direct effects ‘‘that has takings implications’’ or that Every employer shall pay to each on one or more Indian tribes, on the could impose limitations on private employee in American Samoa, who in relationship between the Federal property use. any workweek is engaged in commerce government and Indian tribes or on the or in the production of goods for XIV. Executive Order 12988, Civil distribution of power and commerce, or is employed in any Justice Reform Analysis responsibilities between the Federal enterprise engaged in commerce or in government and Indian tribes.’’ This rule was drafted and reviewed in the production of goods for commerce, accordance with Executive Order 12988 as these terms are defined in section 3 X. Effects on Families and will not unduly burden the Federal of the Fair Labor Standards Act of 1938, The undersigned hereby certifies that court system. The rule was: (1) wages at a rate not less than the the rule will not adversely affect the Reviewed to eliminate drafting errors minimum rate prescribed in this section well-being of families, as discussed and ambiguities; (2) written to minimize for the industries and classifications in under section 654 of the Treasury and litigation; and (3) written to provide a which such employee is engaged.

Minimum wage Industry Effective Effective Effective October 3, 2005 October 18, 2005 October 1, 2006

(a) Government Employees ...... $2.77 $2.84 $2.91 (b) Fish Canning and Processing ...... 3.26 3.26 3.26 (c) Petroleum Marketing ...... 3.85 3.85 3.85 (d) Shipping and Transportation: (1) Classification A ...... 4.09 4.09 4.09 (2) Classification B ...... 3.92 3.92 3.92 (3) Classification C ...... 3.88 3.88 3.88 (e) Construction ...... 3.60 3.60 3.60 (f) Retailing, Wholesaling, and Warehousing ...... 3.10 3.10 3.10 (g) Bottling, Brewing, and Dairy Products ...... 3.19 3.19 3.19 (h) Printing ...... 3.50 3.50 3.50 (i) Publishing ...... 3.63 3.63 3.63

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Minimum wage Industry Effective Effective Effective October 3, 2005 October 18, 2005 October 1, 2006

(j) Finance and Insurance ...... 3.99 3.99 3.99 (k) Ship Maintenance ...... 3.34 3.42 3.51 (l) Hotel ...... 2.86 2.93 3.00 (m) Tour and Travel Services ...... 3.31 3.39 3.48 (n) Private Hospitals and Educational Institutions ...... 3.33 3.33 3.33 (o) Garment Manufacturing ...... 2.68 2.68 2.68 (p) Miscellaneous Activities ...... 2.57 2.63 2.70

I 3. Section 697.4 is revised to read as § 697.4 Effective dates. follows: The wage rates specified in § 697.2 shall be effective on October 18, 2005, except as otherwise specified. [FR Doc. 05–19738 Filed 9–30–05; 8:45 am] BILLING CODE 4510–27–P

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Reader Aids Federal Register Vol. 70, No. 190 Monday, October 3, 2005

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING OCTOBER

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. Presidential Documents Executive orders and proclamations 741–6000 The United States Government Manual 741–6000 Other Services Electronic and on-line services (voice) 741–6020 Privacy Act Compilation 741–6064 Public Laws Update Service (numbers, dates, etc.) 741–6043 TTY for the deaf-and-hard-of-hearing 741–6086

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FEDERAL REGISTER PAGES AND DATE, OCTOBER 57483–57724...... 3

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REMINDERS JUSTICE DEPARTMENT Classification services to causing paralytic The items in this list were Prisons Bureau growers; 2004 user fees; shellfish poisoning; editorially compiled as an aid Inmate control, custody, care, Open for comments until comments due by 10- to Federal Register users. etc.: further notice; published 11-05; published 9-9-05 5-28-04 [FR 04-12138] [FR 05-17986] Inclusion or exclusion from Health care service; fees; this list has no legal published 7-26-05 Dates (domestic) produced or West Coast States and significance. packed in— Western Pacific TRANSPORTATION California; comments due by fisheries— DEPARTMENT 10-12-05; published 9-12- Domestic purse seine and Federal Aviation RULES GOING INTO 05 [FR 05-17963] Pelagic longline Administration EFFECT OCTOBER 3, Oranges, grapefruit, fisheries exclusive 2005 Air carrier certification and tangerines, and tangelos economic zone control operations: grown in— date; comments due by Advanced Qualification AGRICULTURE Florida; comments due by 10-14-05; published 8- Program; published 9-16- DEPARTMENT 10-14-05; published 9-14- 15-05 [FR 05-16122] 05 05 [FR 05-18279] Pelagic fisheries non- Rural Business-Cooperative Airworthiness directives: Service AGRICULTURE longline exclusive Tiger Aircraft LLC; published DEPARTMENT economic zone control Guaranteed loanmaking: 8-22-05 date; comments due by Farm Service Agency Business and Industry Turbomeca; published 9-16- 10-14-05; published 8- Loan and purchase programs: Guaranteed Loan 05 15-05 [FR 05-16121] Program; annual renewal Preferred Lender Program Standard instrument approach COURT SERVICES AND fee; published 10-3-05 lenders; status and procedures; published 10-3- OFFENDER SUPERVISION interest payment accrued ENVIRONMENTAL 05 AGENCY FOR THE during bankruptcy and PROTECTION AGENCY DISTRICT OF COLUMBIA TRANSPORTATION redemption rights periods; Air quality implementation DEPARTMENT comments due by 10-14- Semi-annual agenda; Open for plans; approval and National Highway Traffic 05; published 8-15-05 [FR comments until further promulgation; various Safety Administration 05-16107] notice; published 12-22-03 States: [FR 03-25121] Motor vehicle safety AGRICULTURE Oregon; correction; standards: DEFENSE DEPARTMENT published 8-3-05 DEPARTMENT Low-speed vehicle; Food Safety and Inspection Acquisition regulations: EQUAL EMPLOYMENT definition; published 8-17- Service Pilot Mentor-Protege OPPORTUNITY COMMISSION 05 Regulatory Flexibility Act: Program; Open for Freedom of Information Act TREASURY DEPARTMENT comments until further (FOIA): Section 610 requirements; Internal Revenue Service regulations review plan notice; published 12-15-04 Fee schedule; revision; [FR 04-27351] Income taxes: Pathogen reduction/hazard published 10-3-05 Stock held by foreign analysis critical control Federal Acquisition Regulation FEDERAL insurance companies; point (HACCP) systems; (FAR): COMMUNICATIONS published 10-3-05 comments due by 10- Export-controlled acquisition COMMISSION regulation supplement; VETERANS AFFAIRS 11-05; published 8-12- comment period Radio stations; table of DEPARTMENT 05 [FR 05-16027] assignments: extension; comments due Auditing requirements and AGRICULTURE Louisiana; published 9-7-05 DEPARTMENT by 10-12-05; published 8- contracting provisions: 11-05 [FR 05-15930] Michigan; published 9-7-05 Natural Resources Audits of States and local Revitalizing base closure HEALTH AND HUMAN Conservation Service governments, etc.; grants communities and community SERVICES DEPARTMENT Reports and guidance and agreements with assistance: Food and Drug higher education documents; availability, etc.: Addressing impacts of Administration institutions, hospitals and National Handbook of other non-profit Conservation Practices; realignment; comments Public Health Security and due by 10-11-05; Bioterrorism Preparedness organizations; published Open for comments until 9-1-05 further notice; published published 8-9-05 [FR 05- and Response Act of 2002; 15698] implementation: 5-9-05 [FR 05-09150] EDUCATION DEPARTMENT Food facilities registration; COMMENTS DUE NEXT COMMERCE DEPARTMENT published 10-3-05 WEEK Economic Development Grants and cooperative agreements; availability, etc.: HOMELAND SECURITY Administration DEPARTMENT AGENCY FOR Economic Development Vocational and adult education— Coast Guard INTERNATIONAL Administration DEVELOPMENT Reauthorization Act of 2004; Smaller Learning Drawbridge operations: Assistance awards to U.S. implementation; regulatory Communities Program; New Jersey; published 9-7- non-Governmental revision; comments due by Open for comments 05 organizations; marking 10-11-05; published 8-11-05 until further notice; INTERIOR DEPARTMENT requirements; Open for [FR 05-15470] published 2-25-05 [FR Fish and Wildlife Service comments until further COMMERCE DEPARTMENT E5-00767] Endangered and threatened notice; published 8-26-05 National Oceanic and ENERGY DEPARTMENT species: [FR 05-16698] Atmospheric Administration Meetings: Captive-bred scimitar-horned AGRICULTURE Fishery conservation and Environmental Management oryx, addax, and dama DEPARTMENT management: Site-Specific Advisory gazelle; published 9-2-05 Agricultural Marketing Northeastern United States Board— Scimitar-horned oryx, addax, Service fisheries— Oak Ridge Reservation, and dama gazelle; Cotton classing, testing and Emergency closure due to TN; Open for comments published 9-2-05 standards: presence of toxin until further notice;

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published 11-19-04 [FR Nevada; comments due by for comments until further HOMELAND SECURITY 04-25693] 10-13-05; published 9-13- notice; published 9-8-04 DEPARTMENT ENERGY DEPARTMENT 05 [FR 05-18092] [FR 04-12017] Customs and Border Energy Efficiency and New York; comments due FEDERAL Protection Bureau Renewable Energy Office by 10-11-05; published 9- COMMUNICATIONS Organization and functions; Commercial and industrial 8-05 [FR 05-17720] COMMISSION field organization, ports of equipment; energy efficiency Utah; comments due by 10- Committees; establishment, entry, etc.: program: 14-05; published 9-14-05 renewal, termination, etc.: Noyes, MN, port closing; [FR 05-18232] Test procedures and Technological Advisory Pembina, ND, port limits efficiency standards— Environmental statements; Council; Open for extension; comments due Commercial packaged availability, etc.: comments until further by 10-11-05; published 8- boilers; Open for Coastal nonpoint pollution notice; published 3-18-05 12-05 [FR 05-16008] comments until further control program— [FR 05-05403] HOMELAND SECURITY notice; published 10-21- Minnesota and Texas; Common carrier services: DEPARTMENT 04 [FR 04-17730] Open for comments Interconnection— Coast Guard ENERGY DEPARTMENT until further notice; Anchorage regulations: Incumbent local exchange Federal Energy Regulatory published 10-16-03 [FR 03-26087] carriers unbounding Maryland; Open for Commission comments until further Pesticide programs: obligations; local Electric rate and corporate competition provisions; notice; published 1-14-04 Pesticide registration review; regulation filings: wireline services [FR 04-00749] procedural regulations; Virginia Electric & Power offering advanced Drawbridge operations: comments due by 10-11- Co. et al.; Open for telecommunications 05; published 7-13-05 [FR Massachusetts; comments comments until further capability; Open for 05-13776] due by 10-14-05; notice; published 10-1-03 comments until further published 9-29-05 [FR 05- Pesticides; tolerances in food, [FR 03-24818] notice; published 12-29- 19583] Public Utilities Holding Act of animal feeds, and raw 04 [FR 04-28531] agricultural commodities: HOUSING AND URBAN 2005; implementation: FEDERAL TRADE 2-amino-4,5-dihydro-6- DEVELOPMENT Public Utilities Holding Act COMMISSION DEPARTMENT of 1935; repeal; methyl-4propyl-s- comments due by 10-14- triazolo(1,5- Industry guides: Grants and cooperative 05; published 9-23-05 [FR alpha)pyrimidin-5-one; Jewelry, precious metals, agreements; availability, etc.: 05-19000] comments due by 10-11- and pewter industries; Homeless assistance; 05; published 8-10-05 [FR excess and surplus ENVIRONMENTAL comments due by 10-12- 05-15837] Federal properties; Open PROTECTION AGENCY 05; published 10-4-05 [FR Animopyralid; comments due 05-19784] for comments until further Air pollutants, hazardous; by 10-11-05; published 8- notice; published 8-5-05 national emission standards: Premerger notification; 10-05 [FR 05-15523] reporting and waiting period [FR 05-15251] Gasoline distribution requirements; comments facilities; bulk gasoline Topramezone; comments INTERIOR DEPARTMENT due by 10-14-05; published terminals and pipeline due by 10-11-05; Fish and Wildlife Service 8-15-05 [FR 05-16087] breakout stations; published 8-10-05 [FR 05- Endangered and threatened comments due by 10-11- 15604] GOVERNMENT ETHICS species permit applications 05; published 8-10-05 [FR Superfund program: OFFICE Recovery plans— Toxic chemical release 05-15825] Executive branch regulations: Paiute cutthroat trout; reporting; community right- Air programs; approval and Confidential financial Open for comments to-know— promulgation; State plans disclosure reporting; until further notice; for designated facilities and Diisononyl phthalate revisions; comments due published 9-10-04 [FR pollutants: category; comments by 10-11-05; published 8- 04-20517] due by 10-12-05; Maryland; comments due by 12-05 [FR 05-15927] Endangered and threatened published 9-12-05 [FR 10-11-05; published 9-9- species: 05 [FR 05-17929] 05-18090] HEALTH AND HUMAN SERVICES DEPARTMENT Findings on petitions, etc.— Air quality implementation Water pollution control: Furbish lousewort; 5-year plans; approval and National Pollutant Discharge Food and Drug status review; promulgation; various Elimination System— Administration comments due by 10- States; air quality planning Concentrated animal Reports and guidance purposes; designation of documents; availability, etc.: 11-05; published 8-10- feeding operations in 05 [FR 05-15570] areas: New Mexico and Evaluating safety of Slackwater darter; 5-year Indiana; comments due by Oklahoma; general antimicrobial new animal review; comments due 10-11-05; published 9-9- permit for discharges; drugs with regard to their by 10-11-05; published 05 [FR 05-17819] Open for comments microbiological effects on 8-10-05 [FR 05-15720] Virginia; comments due by until further notice; bacteria of human health 10-12-05; published 9-12- published 12-7-04 [FR concern; Open for Northern sea otter; 05 [FR 05-17928] 04-26817] comments until further comments due by 10-11- 05; published 8-9-05 [FR Air quality implementation Texas; general permit for notice; published 10-27-03 05-15717] plans; approval and territorial seas; Open for [FR 03-27113] promulgation; various comments until further Medical devices— LABOR DEPARTMENT States: notice; published 9-6-05 Dental noble metal alloys Mine Safety and Health California; comments due by [FR 05-17614] and base metal alloys; Administration 10-13-05; published 9-13- Water pollution; effluent Class II special Fees for testing, evaluating 05 [FR 05-18018] guidelines for point source controls; Open for and approval of mining Iowa; comments due by 10- categories: comments until further products; comments due by 13-05; published 9-13-05 Meat and poultry products notice; published 8-23- 10-11-05; published 8-9-05 [FR 05-18012] processing facilities; Open 04 [FR 04-19179] [FR 05-15494]

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LABOR DEPARTMENT comments due by 10- 05; published 8-11-05 [FR 6043. This list is also Occupational Safety and 11-05; published 8-11- 05-15580] available online at http:// Health Administration 05 [FR 05-15905] Rolls-Royce Deutschland www.archives.gov/federal- Construction and occupational STATE DEPARTMENT Ltd. & Co. KG; comments register/laws.html. safety and health standards: Exchange Visitor Program: due by 10-11-05; The text of laws is not Electric power generation, Secondary School Student published 8-11-05 [FR 05- published in the Federal transmission, and Exchange Programs; 15895] Register but may be ordered distribution standard and comments due by 10-11- Shadin; comments due by in ‘‘slip law’’ (individual electrical protective 05; published 8-12-05 [FR 10-11-05; published 8-17- pamphlet) form from the equipment standard; 05-16128] 05 [FR 05-16267] Superintendent of Documents, update; comments due by OFFICE OF UNITED STATES Class D airspace; comments U.S. Government Printing 10-13-05; published 6-15- TRADE REPRESENTATIVE due by 10-10-05; published Office, Washington, DC 20402 05 [FR 05-11585] Trade Representative, Office 9-6-05 [FR 05-17571] (phone, 202–512–1808). The LIBRARY OF CONGRESS of United States TRANSPORTATION text will also be made Copyright Royalty Board, Generalized System of DEPARTMENT available on the Internet from Library of Congress Preferences: Maritime Administration GPO Access at http:// Cable royalty funds; 2003 2003 Annual Product Determination of Availability of www.gpoaccess.gov/plaws/ distribution; comments due Review, 2002 Annual Coastwise-Qualified Launch index.html. Some laws may by 10-13-05; published 9- Country Practices Review, Barges; comments due by not yet be available. 13-05 [FR 05-18128] and previously deferred 10-14-05; published 8-15-05 NATIONAL ARCHIVES AND product decisions; [FR 05-16096] H.R. 3649/P.L. 109–74 petitions disposition; Open RECORDS ADMINISTRATION TRANSPORTATION Sportfishing and Recreational for comments until further National security classified DEPARTMENT Boating Safety Amendments notice; published 7-6-04 information; declassification; Act of 2005 (Sept. 29, 2005; [FR 04-15361] National Highway Traffic comments due by 10-11-05; Safety Administration 119 Stat. 2030) published 8-12-05 [FR 05- TRANSPORTATION Motor vehicle safety 16031] DEPARTMENT S. 1340/P.L. 109–75 standards: NATIONAL CREDIT UNION Federal Aviation Motorcycle controls and To amend the Pittman- ADMINISTRATION Administration displays; comments due Robertson Wildlife Restoration Credit unions: Air carrier certification and Act to extend the date after operations: by 10-14-05; published 8- Bylaws; comments due by 30-05 [FR 05-17103] which surplus funds in the 10-13-05; published 7-15- Service difficulty reports; wildlife restoration fund TREASURY DEPARTMENT 05 [FR 05-13312] withdrawn; comments due become available for by 10-14-05; published 9- Internal Revenue Service apportionment. (Sept. 29, NUCLEAR REGULATORY 14-05 [FR 05-18176] 2005; 119 Stat. 2034) COMMISSION Income taxes, etc.: Airworthiness directives: Environmental statements; Employee benefit notices S. 1368/P.L. 109–76 availability, etc.: Airbus; comments due by and employee benefit 10-11-05; published 9-15- United States Parole Fort Wayne State elections and consents 05 [FR 05-18312] transmission; electronic Commission Extension and Developmental Center; Sentencing Commission Open for comments until Boeing; comments due by technologies use; 10-11-05; published 8-11- comments due by 10-12- Authority Act of 2005 (Sept. further notice; published 29, 2005; 119 Stat. 2035) 5-10-04 [FR 04-10516] 05 [FR 05-15801] 05; published 7-14-05 [FR 05-13911] National Source Tracking Bombardier; comments due Last List September 27, 2005 System; manufacture, by 10-14-05; published 9- TREASURY DEPARTMENT transfer, receipt, or disposal 14-05 [FR 05-18208] Alcohol and Tobacco Tax of nationally tracked sealed Burkhardt Grob Luft-Und and Trade Bureau sources; reporting Raumfahrt GmbH & Co. Alcohol; viticultural area Public Laws Electronic requirements; comments KG; comments due by designations: Notification Service due by 10-11-05; published 10-14-05; published 9-14- (PENS) 05 [FR 05-18205] Alta Mesa et al., 7-28-05 [FR 05-14919] Sacramento and San Empresa Brasileira de SMALL BUSINESS Joaquin Counties, CA; Aeronautica S.A. ADMINISTRATION comments due by 10-14- PENS is a free electronic mail (); comments 05; published 8-15-05 [FR notification service of newly Disaster loan areas: due by 10-11-05; Maine; Open for comments 05-16132] enacted public laws. To published 9-21-05 [FR 05- subscribe, go to http:// until further notice; 18793] published 2-17-04 [FR 04- listserv.gsa.gov/archives/ Gulfstream; comments due LIST OF PUBLIC LAWS publaws-l.html 03374] by 10-14-05; published 8- SOCIAL SECURITY 15-05 [FR 05-16002] This is a continuing list of Note: This service is strictly ADMINISTRATION Hamburger Flugzeughbau public bills from the current for E-mail notification of new Social security benefits: G.m.b.H.; comments due session of Congress which laws. The text of laws is not Federal old age, survivors, by 10-14-05; published 9- have become Federal laws. It available through this service. and disability insurance— 14-05 [FR 05-18210] may be used in conjunction PENS cannot respond to Endocrine disorders; Robinson Helicopter Co.; with ‘‘PLUS’’ (Public Laws specific inquiries sent to this medical criteria; comments due by 10-11- Update Service) on 202–741– address.

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

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Title Stock Number Price Revision Date Title Stock Number Price Revision Date 300–499 ...... (869–056–00097–9) ...... 61.00 Apr. 1, 2005 63 (63.6580–63.8830) .... (869–056–00150–9) ...... 32.00 July 1, 2005 500–599 ...... (869–056–00098–7) ...... 12.00 5Apr. 1, 2005 63 (63.8980–End) ...... (869–056–00151–7) ...... 35.00 7July 1, 2005 600–End ...... (869–056–00099–5) ...... 17.00 Apr. 1, 2005 64–71 ...... (869–056–00152–5) ...... 29.00 July 1, 2005 27 Parts: 72–80 ...... (869–056–00153–5) ...... 62.00 July 1, 2005 1–199 ...... (869–056–00100–2) ...... 64.00 Apr. 1, 2005 81–85 ...... (869–052–00152–0) ...... 60.00 July 1, 2004 200–End ...... (869–056–00101–1) ...... 21.00 Apr. 1, 2005 86 (86.1–86.599–99) ...... (869–052–00153–8) ...... 58.00 July 1, 2004 86 (86.600–1–End) ...... (869–052–00154–6) ...... 50.00 July 1, 2004 28 Parts: ...... *87–99 ...... (869–056–00157–6) ...... 60.00 July 1, 2005 0–42 ...... (869–052–00101–5) ...... 61.00 July 1, 2004 100–135 ...... (869–052–00156–2) ...... 45.00 July 1, 2004 *43–End ...... (869–056–00103–7) ...... 60.00 July 1, 2005 136–149 ...... (869–052–00157–1) ...... 61.00 July 1, 2004 29 Parts: 150–189 ...... (869–052–00158–9) ...... 50.00 July 1, 2004 0–99 ...... (869–056–00104–5) ...... 50.00 July 1, 2005 190–259 ...... (869–056–00161–4) ...... 39.00 July 1, 2005 100–499 ...... (869–056–00105–3) ...... 23.00 July 1, 2005 260–265 ...... (869–052–00160–1) ...... 50.00 July 1, 2004 500–899 ...... (869–056–00106–1) ...... 61.00 July 1, 2005 266–299 ...... (869–056–00163–1) ...... 50.00 July 1, 2005 900–1899 ...... (869–056–00107–0) ...... 36.00 7July 1, 2005 300–399 ...... (869–056–00164–9) ...... 42.00 July 1, 2005 1900–1910 (§§ 1900 to 400–424 ...... (869–056–00165–7) ...... 56.00 8July 1, 2005 1910.999) ...... (869–056–00108–8) ...... 61.00 July 1, 2005 425–699 ...... (869–052–00164–3) ...... 61.00 July 1, 2004 1910 (§§ 1910.1000 to 700–789 ...... (869–056–00167–3) ...... 61.00 July 1, 2005 end) ...... (869–056–00109–6) ...... 58.00 July 1, 2005 *790–End ...... (869–056–00168–1) ...... 61.00 July 1, 2005 1911–1925 ...... (869–056–00110–0) ...... 30.00 July 1, 2005 41 Chapters: 1926 ...... (869–056–00111–8) ...... 50.00 July 1, 2005 1, 1–1 to 1–10 ...... 13.00 3 July 1, 1984 1927–End ...... (869–052–00111–2) ...... 62.00 July 1, 2004 1, 1–11 to Appendix, 2 (2 Reserved) ...... 13.00 3 July 1, 1984 30 Parts: 3–6 ...... 14.00 3 July 1, 1984 1–199 ...... (869–056–00113–4) ...... 57.00 July 1, 2005 7 ...... 6.00 3 July 1, 1984 200–699 ...... (869–052–00113–9) ...... 50.00 July 1, 2005 8 ...... 4.50 3 July 1, 1984 700–End ...... (869–056–00115–1) ...... 58.00 July 1, 2005 9 ...... 13.00 3 July 1, 1984 10–17 ...... 9.50 3 July 1, 1984 31 Parts: 18, Vol. I, Parts 1–5 ...... 13.00 3 July 1, 1984 0–199 ...... (869–056–00116–9) ...... 41.00 July 1, 2005 18, Vol. II, Parts 6–19 ...... 13.00 3 July 1, 1984 200–End ...... (869–052–00116–3) ...... 65.00 July 1, 2004 18, Vol. III, Parts 20–52 ...... 13.00 3 July 1, 1984 32 Parts: 19–100 ...... 13.00 3 July 1, 1984 1–39, Vol. I ...... 15.00 2 July 1, 1984 1–100 ...... (869–056–00169–0) ...... 24.00 July 1, 2005 1–39, Vol. II ...... 19.00 2 July 1, 1984 101 ...... (869–056–00170–3) ...... 21.00 July 1, 2005 1–39, Vol. III ...... 18.00 2 July 1, 1984 102–200 ...... (869–052–00169–4) ...... 56.00 July 1, 2004 1–190 ...... (869–056–00119–3) ...... 61.00 July 1, 2005 201–End ...... (869–052–00170–8) ...... 24.00 July 1, 2004 191–399 ...... (869–056–00120–7) ...... 63.00 July 1, 2005 400–629 ...... (869–056–00121–5) ...... 50.00 July 1, 2005 42 Parts: 630–699 ...... (869–056–00122–3) ...... 37.00 July 1, 2005 1–399 ...... (869–052–00171–6) ...... 61.00 Oct. 1, 2004 700–799 ...... (869–056–00123–1) ...... 46.00 July 1, 2005 400–429 ...... (869–052–00172–4) ...... 63.00 Oct. 1, 2004 800–End ...... (869–056–00124–0) ...... 47.00 July 1, 2005 430–End ...... (869–052–00173–2) ...... 64.00 Oct. 1, 2004 33 Parts: 43 Parts: 1–124 ...... (869–052–00123–6) ...... 57.00 July 1, 2004 1–999 ...... (869–052–00174–1) ...... 56.00 Oct. 1, 2004 125–199 ...... (869–052–00124–4) ...... 61.00 July 1, 2004 1000–end ...... (869–052–00175–9) ...... 62.00 Oct. 1, 2004 200–End ...... (869–052–00125–2) ...... 57.00 July 1, 2004 44 ...... (869–052–00176–7) ...... 50.00 Oct. 1, 2004 34 Parts: 45 Parts: 1–299 ...... (869–056–00128–2) ...... 50.00 July 1, 2005 1–199 ...... (869–052–00177–5) ...... 60.00 Oct. 1, 2004 300–399 ...... (869–056–00129–1) ...... 40.00 7July 1, 2005 200–499 ...... (869–052–00178–3) ...... 34.00 Oct. 1, 2004 400–End ...... (869–052–00128–7) ...... 61.00 July 1, 2004 500–1199 ...... (869–052–00179–1) ...... 56.00 Oct. 1, 2004 35 ...... (869–052–00129–5) ...... 10.00 6July 1, 2004 1200–End ...... (869–052–00180–5) ...... 61.00 Oct. 1, 2004 36 Parts: 46 Parts: *1–199 ...... (869–056–00131–2) ...... 37.00 July 1, 2005 1–40 ...... (869–052–00181–3) ...... 46.00 Oct. 1, 2004 200–299 ...... (869–056–00132–1) ...... 37.00 July 1, 2005 41–69 ...... (869–052–00182–1) ...... 39.00 Oct. 1, 2004 300–End ...... (869–056–00133–9) ...... 61.00 July 1, 2005 70–89 ...... (869–052–00183–0) ...... 14.00 Oct. 1, 2004 90–139 ...... (869–052–00184–8) ...... 44.00 Oct. 1, 2004 37 ...... (869–052–00133–3) ...... 58.00 July 1, 2004 140–155 ...... (869–052–00185–6) ...... 25.00 Oct. 1, 2004 38 Parts: 156–165 ...... (869–052–00186–4) ...... 34.00 Oct. 1, 2004 0–17 ...... (869–056–00135–5) ...... 60.00 July 1, 2005 166–199 ...... (869–052–00187–2) ...... 46.00 Oct. 1, 2004 *18–End ...... (869–056–00136–3) ...... 62.00 July 1, 2005 200–499 ...... (869–052–00188–1) ...... 40.00 Oct. 1, 2004 500–End ...... (869–052–00189–9) ...... 25.00 Oct. 1, 2004 39 ...... (869–056–00139–1) ...... 42.00 July 1, 2005 47 Parts: 40 Parts: 0–19 ...... (869–052–00190–2) ...... 61.00 Oct. 1, 2004 *1–49 ...... (869–056–00138–0) ...... 60.00 July 1, 2005 20–39 ...... (869–052–00191–1) ...... 46.00 Oct. 1, 2004 50–51 ...... (869–052–00138–4) ...... 45.00 July 1, 2004 40–69 ...... (869–052–00192–9) ...... 40.00 Oct. 1, 2004 52 (52.01–52.1018) ...... (869–052–00139–2) ...... 60.00 July 1, 2004 70–79 ...... (869–052–00193–8) ...... 63.00 Oct. 1, 2004 52 (52.1019–End) ...... (869–052–00140–6) ...... 61.00 July 1, 2004 80–End ...... (869–052–00194–5) ...... 61.00 Oct. 1, 2004 *53–59 ...... (869–056–00142–8) ...... 31.00 July 1, 2005 60 (60.1–End) ...... (869–056–00143–6) ...... 58.00 July 1, 2005 48 Chapters: *60 (Apps) ...... (869–056–00144–4) ...... 57.00 July 1, 2005 1 (Parts 1–51) ...... (869–052–00195–3) ...... 63.00 Oct. 1, 2004 61–62 ...... (869–056–00145–2) ...... 45.00 July 1, 2005 1 (Parts 52–99) ...... (869–052–00196–1) ...... 49.00 Oct. 1, 2004 63 (63.1–63.599) ...... (869–056–00146–1) ...... 58.00 July 1, 2005 2 (Parts 201–299) ...... (869–052–00197–0) ...... 50.00 Oct. 1, 2004 63 (63.600–63.1199) ...... (869–056–00147–9) ...... 50.00 July 1, 2005 3–6 ...... (869–052–00198–8) ...... 34.00 Oct. 1, 2004 63 (63.1200–63.1439) .... (869–052–00147–3) ...... 50.00 July 1, 2004 7–14 ...... (869–052–00199–6) ...... 56.00 Oct. 1, 2004 63 (63.1440–63.8830) .... (869–052–00148–1) ...... 64.00 July 1, 2004 15–28 ...... (869–052–00200–3) ...... 47.00 Oct. 1, 2004

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

VerDate Aug 31 2005 19:36 Sep 30, 2005 Jkt 208001 PO 00000 Frm 00003 Fmt 4721 Sfmt 4721 E:\FR\FM\03OCCL.LOC 03OCCL viii Federal Register / Vol. 70, No. 190 / Monday, October 3, 2005 / Reader Aids

TABLE OF EFFECTIVE DATES AND TIME PERIODS—OCTOBER 2005

This table is used by the Office of the dates, the day after publication is A new table will be published in the Federal Register to compute certain counted as the first day. first issue of each month. dates, such as effective dates and When a date falls on a weekend or comment deadlines, which appear in holiday, the next Federal business day agency documents. In computing these is used. (See 1 CFR 18.17)

DATE OF FR 15 DAYS AFTER 30 DAYS AFTER 45 DAYS AFTER 60 DAYS AFTER 90 DAYS AFTER PUBLICATION PUBLICATION PUBLICATION PUBLICATION PUBLICATION PUBLICATION

Oct 3 Oct 18 Nov 2 Nov 17 Dec 2 Jan 3

Oct 4 Oct 19 Nov 3 Nov 18 Dec 5 Jan 3

Oct 5 Oct 20 Nov 4 Nov 21 Dec 5 Jan 3

Oct 6 Oct 21 Nov 7 Nov 21 Dec 5 Jan 4

Oct 7 Oct 24 Nov 7 Nov 21 Dec 6 Jan 5

Oct 11 Oct 26 Nov 10 Nov 25 Dec 12 Jan 9

Oct 12 Oct 27 Nov 14 Nov 28 Dec 12 Jan 10

Oct 13 Oct 28 Nov 14 Nov 28 Dec 12 Jan 11

Oct 14 Oct 31 Nov 14 Nov 28 Dec 13 Jan 12

Oct 17 Nov 1 Nov 16 Dec 1 Dec 16 Jan 17

Oct 18 Nov 2 Nov 17 Dec 2 Dec 19 Jan 17

Oct 19 Nov 3 Nov 18 Dec 5 Dec 19 Jan 17

Oct 20 Nov 4 Nov 21 Dec 5 Dec 19 Jan 18

Oct 21 Nov 7 Nov 21 Dec 5 Dec 20 Jan 19

Oct 24 Nov 8 Nov 23 Dec 8 Dec 23 Jan 23

Oct 25 Nov 9 Nov 25 Dec 9 Dec 27 Jan 23

Oct 26 Nov 10 Nov 25 Dec 12 Dec 27 Jan 24

Oct 27 Nov 14 Nov 28 Dec 12 Dec 27 Jan 25

Oct 28 Nov 14 Nov 28 Dec 12 Dec 27 Jan 26

Oct 31 Nov 15 Nov 30 Dec 15 Dec 30 Jan 30

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