10–26–05 Wednesday Vol. 70 No. 206 Oct. 26, 2005
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i II Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005
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Contents Federal Register Vol. 70, No. 206
Wednesday, October 26, 2005
Agriculture Department Pesticide registration, cancellation, etc.: See Forest Service Endothall, 61816–61818 See Grain Inspection, Packers and Stockyards Oxydemeton-methyl, 61818–61819 Administration Reports and guidance documents; availability, etc.: Preliminary 2006 Effluent Guidelines Program Plan, Census Bureau 61819–61820 NOTICES Agency information collection activities; proposals, Export-Import Bank submissions, and approvals, 61785–61786 NOTICES Portugal; photovoltaic solar modules; finance application, Centers for Disease Control and Prevention 61820 NOTICES Meetings: Federal Aviation Administration Disease, Disability, and Injury Prevention and Control RULES Special Emphasis Panel, 61828 Airworthiness directives: Airbus, 61720–61721 Coast Guard Boeing, 61716–61720, 61727–61729 RULES Empresa Brasileira de Aeronautica S.A. (EMBRAER), Drawbridge operations: 61729–61733 Maryland, 61738–61739 Pilatus Aircraft Ltd., 61723–61727 Ports and waterways safety; regulated navigation areas, Sikorsky Aircraft Corp., 61721–61723 safety zones, security zones, etc.: Area navigation routes, 61733–61735 Tampa Bay, FL, 61739–61741 Class B airspace; correction, 61883 Class E airspace, 61735–61736 Commerce Department NOTICES See Census Bureau Aeronautical land-use assurance; waivers: See Foreign-Trade Zones Board Delta County Airport, MI, 61876–61877 See International Trade Administration See National Oceanic and Atmospheric Administration Federal Communications Commission NOTICES RULES Agency information collection activities; proposals, Common carrier services: submissions, and approvals, 61785 Commercial mobile radio services— Truth-in-billing and billing format; descriptions and Comptroller of the Currency plain language requirements, 61747–61748 NOTICES Digital television stations; table of assignments: Agency information collection activities; proposals, Texas, 61748 submissions, and approvals, 61880–61881 Frequency allocations and radio treaty matters: Advanced wireless services, 61742–61747 Energy Department Radio stations; table of assignments: See Federal Energy Regulatory Commission Kansas, 61748–61749 NOTICES Texas, 61749 Meetings: PROPOSED RULES Environmental Management Site-Specific Advisory Frequency allocations and radio treaty matters: Board— Advanced wireless services, 61752–61762 Savannah River Site, SC, 61791 NOTICES Agency information collection activities; proposals, Environmental Protection Agency submissions, and approvals, 61820–61823 RULES Meetings: Air quality implementation plans; approval and Consumer Advisory Committees, 61823 promulgation; various States: Radio services, special: Utah; correction, 61741–61742 Private land mobile radio services— PROPOSED RULES Wave 2 National Public Safety Planning Advisory Air quality implementation plans; approval and Committee regions; 800 MHz public safety promulgation; various States: interference proceeding, 61823–61825 Pennsylvania, 61750–61752 Rulemaking proceedings; petitions filed, granted, denied, NOTICES etc., 61825 Agency information collection activities; proposals, Senior Executive Service Performance Review Board; submissions, and approvals, 61808–61814 membership, 61825 Air pollution control: Citizens suits; proposed settlements— Federal Energy Regulatory Commission American Chemistry Council et al., 61814–61815 NOTICES Confidential business information and data transfer, 61815– Complaints filed: 61816 Glendale, CA, 61803–61804
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Electric rate and corporate regulation combined filings, Food and Drug Administration 61804–61805 RULES Environmental statements; availability, etc.: Medical devices: Midwestern Gas Transmission Co., 61805–61806 Immunology and microbiology devices— Environmental statements; notice of intent: Cystic fibrosis transmembrane conductance regulator Transcontinental Gas Pipe Line Corp., 61806–61807 gene mutation detection system, 61736–61738 Hydroelectric applications, 61807–61808 NOTICES Applications, hearings, determinations, etc.: Meetings: Algonquin Gas Transmission, LLC, 61791 Vaccines and Related Biological Products Advisory Aquila, Inc., 61792 Committee, 61828–61829 ArcLight Energy Partners Fund I, L.P., et al., 61792 Reports and guidance documents; availability, etc.: Calpine Energy Services, L.P., et al., 61792–61793 Cystic fibrosis transmembrane conductance regulator CenterPoint Energy Gas Transmission Co., 61793–61794 gene mutation detection system; Class II special Cheyenne Plains Gas Pipeline Co. LLC, 61794 controls, 61829–61830 Colorado Interstate Gas Co., 61794–61795 Potassium chloride modified-release tablets and capsules; ConocoPhillips Co., 61796 in vivo bioequivalence and in vitro dissolution Dominion Transmission, Inc., 61796 testing, 61830–61831 Garden Banks Gas Pipeline, LLC, 61796–61797 High Island Offshore System, L.L.C., 61797 Foreign-Trade Zones Board Lake Road Holding Co., LLC, 61797 NOTICES Midwest Independent Transmission System Operator, Applications, hearings, determinations, etc.: Inc., 61797–61798 California— Mojave Pipeline Co., 61798 Citizen Watch Company of America, Inc.; watches New York Power Authority, 61798–61799 warehousing, packaging, and distribution facility, Petal Gas Storage, L.L.C., 61799 61786 PPL Electric Utilities Corp., 61799–61800 Ohio, 61786–61787 Reliant Energy Services, Inc., et al., 61800 Southern California Edison Co., 61800–61801 Forest Service Texas Eastern Transmission, LP, 61801 NOTICES Texas Gas Transmission, LLC, 61801 Environmental statements; notice of intent: Transcontinental Gas Pipe Line Corp., 61802 Clearwater National Forest, ID, 61777–61778 Trans-Elect NTD Path 15, LLC, 61801–61802 Eldorado National Forest, CA, 61778–61781 Wyoming Interstate Co., Ltd., 61802–61803 Grand Mesa, Uncompahgre and Gunnison National Young Gas Storage Co., Ltd., 61803 Forest, CO, 61781–61783 Umatilla National Forest, WA, 61783–61784 Federal Maritime Commission NOTICES Agreements filed, etc., 61825–61826 Grain Inspection, Packers and Stockyards Administration Ocean transportation intermediary licenses: NOTICES Intercontinental Logistics, Inc., et al., 61826 Meetings: Grain Inspection Advisory Committee, 61784–61785 Federal Motor Carrier Safety Administration NOTICES Health and Human Services Department Agency information collection activities; proposals, See Centers for Disease Control and Prevention submissions, and approvals, 61877–61878 See Food and Drug Administration RULES Federal Reserve System Supplemental standards of ethical conduct and financial NOTICES disclosure requirements for department employees; Banks and bank holding companies: correction, 61713 Change in bank control, 61826 NOTICES Formations, acquisitions, and mergers, 61826 Agency information collection activities; proposals, Permissible nonbanking activities, 61827 submissions, and approvals, 61827–61828 Meetings; Sunshine Act, 61827 Homeland Security Department Financial Management Service See Coast Guard See Fiscal Service See Transportation Security Administration See U.S. Citizenship and Immigration Services Fiscal Service NOTICES Agency information collection activities; proposals, Housing and Urban Development Department submissions, and approvals, 61881 NOTICES Agency information collection activities; proposals, Fish and Wildlife Service submissions, and approvals, 61832–61833 PROPOSED RULES Endangered and threatened species: Interior Department Findings on petitions, etc.— See Fish and Wildlife Service Gray wolf; northern Rocky Mountain distinct See Land Management Bureau population segment, 61770–61775 See National Park Service
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International Trade Administration National Oceanic and Atmospheric Administration NOTICES PROPOSED RULES Antidumping: Fishery conservation and management: Fresh garlic from— Alaska; fisheries of Exclusive Economic Zone— China, 61787–61788 Bering Sea and Aleution Islands groundfish, 61775– Tapered roller bearings and parts thereof, finished or 61776 unfinished from— NOTICES China, 61788 Coastal zone management programs and estuarine Countervailing duties: sanctuaries: Pasta from— Consistency appeals— Italy, 61788–61789 Puerto Rico Highway and Transportation Authority, 61789–61790 International Trade Commission Meetings: NOTICES North Pacific Fishery Management Council, 61790–61791 Import investigations: Circular welded non-alloy steel pipe from— National Park Service China, 61840–61841 NOTICES Laser bar code scanners and scan engines, components, Native American human remains, funerary objects; and products containing same, 61841–61842 inventory, repatriation, etc.: American Museum of Natural History, New York, NY, Justice Department 61835–61837 NOTICES Forest Service, Gila National Forest, NM and Field Pollution control; consent judgments: Museum of Natural History, Chicago, IL, 61837– ARCO Terminal Services Corp., 61842 61838 Hawaii Department of Transportation, 61842 Oregon State University, Corvallis, OR, 61838–61840 Kerr-McGee Corp., et al., 61842–61843 Nuclear Regulatory Commission Labor Department NOTICES See Mine Safety and Health Administration NOTICES Regulatory guides; issuance, availability, and withdrawal, Agency information collection activities; proposals, 61847–61848 submissions, and approvals, 61843–61844 Reports and guidance documents; availability, etc.: License renewal guidance documents; technical bases for Land Management Bureau revision, 61848 Applications, hearings, determinations, etc.: NOTICES University of Virginia, Charlottesville, VA, 61846–61847 Closure of public lands: Oregon, 61833 Committees; establishment, renewal, termination, etc.: Pipeline and Hazardous Materials Safety Administration McInnis Canyons National Conservation Area Advisory PROPOSED RULES Council, 61833 Hazardous materials: Pinedale Anticline Working Group, 61833–61834 Aluminum cylinders manufactured of 6351-T6 aluminum Meetings: alloy used in SCUBA, SCBA, carbon dioxide, and National Historic Oregon Trail Interpretive Center oxygen service; requalification and use criteria, Advisory Board, 61834 61762–61769 Public land orders: Wisconsin, 61834–61835 Postal Rate Commission NOTICES Merit Systems Protection Board Domestic rates, fees, and mail classifications: PROPOSED RULES Parcel return service; status and classification changes, Practice and procedure: 61848–61850 Constructive removal complaints; filing by administrative law judges, 61750 NOTICES Public Debt Bureau Opportunity to file amicus briefs: See Fiscal Service Wilcox, William A., v. International Boundary and Water Commission, 61845–61846 Securities and Exchange Commission NOTICES Mine Safety and Health Administration Investment Company Act of 1940: NOTICES Ameritas Variable Life Insurance Co. et al, 61850–61854 Agency information collection activities; proposals, Self-regulatory organizations; proposed rule changes: submissions, and approvals, 61844–61845 American Stock Exchange LLC, 61854 Boston Stock Exchange, Inc., 61854–61857 National Credit Union Administration Chicago Board Options Exchange, Inc., 61857–61859 RULES Fixed Income Clearing Corp., 61859–61861 Credit unions: National Association of Securities Dealers, Inc., 61861– Federal credit unions; fidelity bond and insurance 61866 coverage, 61713–61716 New York Stock Exchange, Inc., 61866–61875
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State Department See Fiscal Service NOTICES See United States Mint Clean Diamond Trade Act; participating countries eligible NOTICES for trade in rough diamonds; list, 61875–61876 Meetings: Meetings: Federal Tax Reform, President’s Advisory Panel, 61880 International Telecommunication Advisory Committee, 61876 U.S. Citizenship and Immigration Services NOTICES Surface Transportation Board Immigration: NOTICES Benefit application fee schedule adjustment; correction, Railroad operation, acquisition, construction, control, etc.: 61831–61832 CSX Transportation, Inc., 61878–61879 Kansas City Southern Railway Co., 61879 Watco Companies, Inc., 61879–61880 United States Mint NOTICES Transportation Department Meetings: See Federal Aviation Administration Citizens Coinage Advisory Committee, 61881–61882 See Federal Motor Carrier Safety Administration See Pipeline and Hazardous Materials Safety Administration Reader Aids See Surface Transportation Board Consult the Reader Aids section at the end of this issue for Transportation Security Administration phone numbers, online resources, finding aids, reminders, NOTICES and notice of recently enacted public laws. Agency information collection activities; proposals, To subscribe to the Federal Register Table of Contents submissions, and approvals, 61831 LISTSERV electronic mailing list, go to http:// listserv.access.gpo.gov and select Online mailing list Treasury Department archives, FEDREGTOC-L, Join or leave the list (or change See Comptroller of the Currency settings); then follow the instructions.
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CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
5 CFR 5502...... 61713 Proposed Rules: 1201...... 61750 12 CFR 713...... 61713 741...... 61713 14 CFR 39 (6 documents) ...... 61716, 61720, 61721, 61723, 61727, 61729 71 (4 documents) ...... 61733, 61735, 61883 21 CFR 886...... 61736 33 CFR 117...... 61738 165...... 61739 40 CFR 52...... 61741 Proposed Rules: 52...... 61750 47 CFR 2 (2 documents) ...... 61742, 61747 64...... 61747 73 (3 documents) ...... 61748, 61749 Proposed Rules: 2...... 61752 49 CFR Proposed Rules: 173...... 61762 180...... 61762 50 CFR Proposed Rules: 17...... 61770 679...... 61775
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Rules and Regulations Federal Register Vol. 70, No. 206
Wednesday, October 26, 2005
This section of the FEDERAL REGISTER National Institutes of Health contained of the Office of Government Ethics, contains regulatory documents having general respectively in 5 CFR 5502.106 and corrects the HHS Supplemental applicability and legal effect, most of which 5502.107. These sections require certain Financial Disclosure Regulation at 5 are keyed to and codified in the Code of FDA and NIH employees to report CFR part 5502, by making the following Federal Regulations, which is published under financial interests in organizations correcting amendments: 50 titles pursuant to 44 U.S.C. 1510. affected by the programs and operations The Code of Federal Regulations is sold by of their respective agencies. In the final PART 5502—SUPPLEMENTAL the Superintendent of Documents. Prices of rule, the text of each section erroneously FINANCIAL DISCLOSURE new books are listed in the first FEDERAL carried forward an exception that had REQUIREMENTS FOR EMPLOYEES OF REGISTER issue of each week. appeared in the interim final rule THE DEPARTMENT OF HEALTH AND published on February 3, 2005, at 70 FR HUMAN SERVICES 5543. In the interim final rule, new I 1. The authority citation for part 5502 DEPARTMENT OF HEALTH AND entrant employees to positions continues to read as follows: HUMAN SERVICES classified as public or confidential filers were excepted from the supplemental Authority: 5 U.S.C. 301, 7301; 5 U.S.C. 5 CFR Part 5502 reporting requirement because the App. (Ethics in Government Act of 1978); disclosure of financial interests in E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., RIN 3209–AA15 p. 215, as modified by E.O. 12731, 55 FR significantly regulated organizations 42547, 3 CFR, 1990 Comp., p. 306; 5 CFR Supplemental Financial Disclosure (SROs) for FDA or substantially affected 2634.103. Requirements for Employees of the organizations (SAOs) for NIH would Department of Health and Human duplicate the data submitted on an SF § 5502.106 [Amended] Services; Corrections 278 or OGE 450 report. However, the I 2. Amend § 5502.106 by removing final rule provided that the value of the AGENCY: from paragraph (c)(1) the commas and Department of Health and reported interests must be disclosed. Human Services (HHS). words ‘‘, other than a public filer or a Because the SF 278 requires a reporting confidential filer,’’. ACTION: Correcting amendments. of value only within certain categories of amount and an OGE 450 requires no § 5502.107 [Amended] SUMMARY: The Department of Health and report of value whatsoever, these forms Human Services published a final rule I 3. Amend § 5502.107 by removing do not provide the information required in the Federal Register on Wednesday, from paragraph (c)(1) the commas and by the final rule. As a result, the August 31, 2005 (70 FR 51559), words ‘‘, other than a public filer or a exception for new entrant employees establishing supplemental financial confidential filer,’’ and adding in their was retained inadvertently. disclosure reporting requirements for place the words ‘‘who is a public filer Accordingly, § 5502.106(c)(1) is certain employees of the Food and Drug or a confidential filer or’’. corrected to delete the phrase ‘‘other Administration (FDA) and the National than a public filer or a confidential [FR Doc. 05–21343 Filed 10–25–05; 8:45 am] Institutes of Health (NIH). That filer;’’ and § 5502.107(c)(1) is corrected BILLING CODE 4150–03–P document contained language that to state affirmatively that new entrant incorrectly rendered the supplemental public or confidential filers are subject reporting requirements inapplicable to to the reporting requirement. NATIONAL CREDIT UNION new entrant employees who file either ADMINISTRATION a public or confidential financial List of Subjects disclosure report. This document 5 CFR Part 5502 12 CFR Parts 713 and 741 corrects the final regulation by revising the appropriate sections. Conflict of interests, Ethics, Fidelity Bond and Insurance Coverage Government employees, Outside DATES: This correction is effective for Federal Credit Unions October 26, 2005. activities, Reporting and record keeping requirements. AGENCY: National Credit Union FOR FURTHER INFORMATION CONTACT: Administration (NCUA). Edgar M. Swindell, Associate General Dated: October 17, 2005. ACTION: Final rule. Counsel, Office of the General Counsel, Edgar M. Swindell, Designated Agency Ethics Official, Ethics Division, Department of Health SUMMARY: NCUA is amending its fidelity Department of Health and Human Services. and Human Services, telephone (202) bond rule to increase the maximum 690–7258, fax (202) 205–9752. Dated: October 18, 2005. allowable deductible, presently SUPPLEMENTARY INFORMATION: This Michael O. Leavitt, $200,000, and to change the minimum document corrects two errors in the Secretary, Department of Health and Human required coverage. NCUA is also final rule which HHS published, with Services. removing its listing of approved bonds the concurrence of the Office of Approved: October 18, 2005. in the rule but will continue to list and Government Ethics (OGE), on August Marilyn L. Glynn, update them on its Web site, and has 31, 2005, at 70 FR 51559. The General Counsel, Office of Government concluded it will be useful to include in corrections involve the supplemental Ethics. the rule some additional factors credit financial disclosure reporting I For the reasons discussed in the unions should consider in determining requirements for employees of the Food preamble, the Department of Health and whether to raise their bond coverage and Drug Administration and the Human Services, with the concurrence above the regulatory requirements.
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NCUA believes these changes permitting credit unions that are The Board has fully considered the modernize the rule and provide deemed ‘‘well capitalized’’ as eligible comments it received and particularly flexibility while addressing safety and for higher deductibles. 12 CFR part 702. those that suggested qualifying as ‘‘well soundness concerns. In response to One commenter noted that asset size capitalized’’ under the prompt public comment, NCUA has elected not alone is not an indicator of risk and corrective action rule presents a better to rescind its approval of Blanket Bond suggested that more focus on risk measure on which to base eligibility for Standard Form 23. Finally, NCUA is assessment, including the items the higher deductible. 12 CFR part 702. making a technical correction in the described above, is appropriate for the While being ‘‘well capitalized’’ might regulation that requires fidelity bond coverage limit changes as well as for indicate a credit union has an increased coverage for federally insured, state determining eligibility for the maximum ability to absorb losses, the Board has chartered credit unions. deductible. determined that a purely quantitative DATES: This rule is effective on NCUA invited comment in the factor such as a credit union’s capital November 25, 2005. preamble to the proposed rule on level ignores the fundamental premise whether to include additional risk that, in assessing risk, a more qualitative FOR FURTHER INFORMATION CONTACT: Ross factors in the rule for credit unions to approach measuring the overall P. Kendall, Staff Attorney, Office of consider in determining appropriate financial and operational health of a General Counsel, at the above address or coverage limits. One commenter credit union is advisable. Call report telephone (703) 518–6540. responded in the negative, while three data for June 2005 indicate there are SUPPLEMENTARY INFORMATION: others acknowledged additional risks. almost 2,000 credit unions that, Background Of these, two expressed concern that although ‘‘well capitalized,’’ were listing additional risk factors in the rule assigned a CAMEL 3 or 4 rating. For On May 19, 2005, the NCUA Board should not result in a requirement that these reasons, the Board has determined requested comment on a proposal to credit union management must to retain in the final rule that credit change part 713 of its regulations to necessarily consider those specific unions over $1 million in assets that provide for higher required fidelity items. Rather, the commenters said, the qualify under the RegFlex Program may bond coverages for credit unions and rule should continue to allow for have higher deductibles based on the allow for higher deductibles. 70 FR individual boards of directors to retain regulatory formula, up to a maximum 30017 (May 25, 2005). The amendments discretion to make determinations permissible deductible of $1 million. update the dollar amount thresholds in applicable to their unique The Board, however, recognizes that the rule, which were last amended over circumstances. eligibility for the RegFlex Program can 20 years ago, and conform bond Most commenters offered no view on fluctuate quarterly but does not believe coverage to reflect risks in the current whether NCUA should declare the that credit unions should have to review financial environment more accurately. standard bond form number 23 obsolete. and, if necessary, adjust their bond The proposal also called for removing Three commenters supported its coverage that frequently. For that the listing in the rule of approved bond removal from the approved listing of reason, the Board has clarified in the forms and carriers, as this information is bond forms, but two opposed its final rule that a credit union must available and updated on the NCUA removal. Of these, a trade association review its continued eligibility under Web site. The proposal invited comment strongly urged NCUA to retain the the regulation for a higher deductible on whether to rescind NCUA approval standard form 23, indicating that its only once a year. A credit union’s of Blanket Bond Standard Form 23 and removal would restrict competition in continued eligibility will be based on its on whether additional criteria ought to the marketplace and adversely affect asset size as reflected in its most recent, be included in the rule for consideration credit unions. This commenter noted year-end 5300 call report and, for by credit unions in determining that the form is likely to be updated in purposes of qualifying under the appropriate bond coverage amounts. the near future. RegFlex program, its net worth as Summary of Comments One commenter noted support for reflected in that same year-end 5300 call removing the listing of approved bond report. If a credit union previously NCUA received twelve comments to forms and bond carriers from the qualified for the higher deductible has the proposal. All the commenters regulation and including this a decrease in assets based on its most supported increasing the maximum information exclusively on the agency’s recent year-end 5300 call report or its allowable deductible and the required Web site. net worth has decreased so that it would coverage limits for both larger and small no longer qualify for the RegFlex credit unions. Several noted these Final Rule Program, then it must obtain the changes would provide needed In view of the comments, NCUA is coverage otherwise required by the flexibility for credit unions and would making the following changes to the regulation. Nevertheless, even if a credit enable them to better manage risk. version published as the proposed rule. union has maintained assets in excess of Six commenters recommended that $1 million and its net worth would Eligibility for Increased Maximum NCUA consider other additional risk otherwise continue to qualify it for the Deductible factors besides eligibility under NCUA’s RegFlex Program, the credit union must Regulatory Flexibility (RegFlex) The proposal provided for raising the obtain the required coverage if its most Program, 12 CFR part 742, in maximum deductible for credit unions recent examination report disqualifies it determining permissible deductible with over a $1 million in assets from its from the RegFlex Program. limits, and suggested factors such as current ceiling of $200,000, but capital ratios, earnings, net worth, risk restricting the eligibility for the higher Coverage Limits profile, and loss history as appropriate deductible to credit unions that qualify The Board outlined its reasons for limits. A few of these commenters under NCUA’s RegFlex Program. 12 CFR increasing coverage limits for both suggested using the categories in part 742. The proposal invited comment larger and smaller credit unions in the NCUA’s prompt corrective action rule as about whether different criteria might preamble to the proposed rule, a basis for determining eligibility for present a more appropriate measure of including inflation, changes in asset higher deductibles, for example, eligibility for a higher deductible. size, and the rate of growth in assets for
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larger credit unions, which has trade association for the surety industry Small Business Regulatory Enforcement approached 80% since 1999. With indicating that the form is still viable. Fairness Act respect to smaller credit unions, the The Board believes the changes in the The Small Business Regulatory preamble discussed the increased risks rule are consistent with its ongoing Enforcement Fairness Act of 1996 (Pub. faced in today’s technological efforts to reduce regulatory burden L. 104–121) provides generally for environment and their vulnerability to while preserving necessary catastrophic loss engineered by one or a congressional review of agency rules. A few dishonest insiders. No commenters requirements to assure credit union reporting requirement is triggered in questioned or disagreed with the safety and soundness. As noted in the instances where NCUA issues a final Board’s views on these matters. preamble to the proposed rule, the rule as defined by Section 551 of the Accordingly, NCUA is adopting these Board does not believe the increased Administrative Procedure Act. 5 U.S.C. aspects of the proposed amendments as coverage requirements will add 551. The Office of Management and a final rule without change. significantly to premium costs and Budget has determined that this rule is expects changes in the deductible not a major rule for purposes of the Identification of Additional Risk Factors ceiling will result in many credit unions Small Business Regulatory Enforcement The preamble to the proposed rule being able to get fidelity bond coverage Fairness Act of 1996. solicited comment from the public as to at lower cost. Executive Order 13132 whether it would be useful to include additional risk factors in the rule that Regulatory Procedures Executive Order 13132 encourages independent regulatory agencies to credit unions should consider in Regulatory Flexibility Act determining whether to obtain consider the impact of their actions on additional or enhanced coverage. The Regulatory Flexibility Act (RFA) state and local interests. In adherence to Comment on this aspect of the proposal requires NCUA to prepare an analysis to fundamental federalism principles, generally recognized that risks vary describe any significant economic NCUA, an independent regulatory depending on a credit union’s activities impact any proposed regulation may agency as defined in 44 U.S.C. 3502(5), and various factors. The Board is aware have on a substantial number of small voluntarily complies with the executive order. The final rule will not have that additional risk factors may exist, entities. NCUA considers credit unions substantial direct effects on the states, based on a credit union’s fraud trends having less than ten million dollars in and loss experience, and the types of on the relationship between the national assets to be small for purposes of RFA. programs and activities in which it is government and the states, or on the Interpretive Ruling and Policy engaged, such as wire transfer and distribution of power and remittance services. The Board believes Statement (IRPS) 87–2 as amended by responsibilities among the various it will be useful to amplify the IRPS 03–2. The rule will require credit levels of government. NCUA has considerations noted in the rule that unions with assets under $4 million to determined that the rule does not credit unions should, but are not obtain higher fidelity bond coverage constitute a policy that has federalism required, to consider. The Board notes than is currently required. The NCUA implications for purposes of the that credit unions are not required by believes, based on discussions with executive order. the rule to consider specific risk factors members of the industry, that the The Treasury and General Government but credit unions should undertake their increase in premium to obtain the Appropriations Act, 1999—Assessment own internal risk assessment. The Board higher coverage will be, relative to the of Federal Regulations and Policies on recognizes that each credit union board premium already required, insignificant. Families of directors should evaluate the unique The NCUA has determined and certifies aspects of its business model and that this rule will not have a significant The NCUA has determined that the associated risks and determine what economic impact on a substantial final rule will not affect family well- additional coverages may be warranted. number of small credit unions. being within the meaning of section 654 Other Changes and Clarifications Accordingly, the NCUA has determined of the Treasury and General that an RFA analysis is not required. Government Appropriations Act, 1999, The final rule eliminates the listing of Pub. L. 105–277, 112 Stat. 2681 (1998). approved bond carriers and forms, since Paperwork Reduction Act this information is contained on the List of Subjects in 12 CFR Parts 713 and agency’s Web site. One commenter In accordance with the requirements 741 noted that the proposed rule was of the Paperwork Reduction Act of 1995, Credit unions, Insurance, Reporting potentially confusing in that it could be NCUA submitted a copy of its proposed and recordkeeping requirements. read to indicate all RegFlex credit rule to the Office of Management and unions, regardless of assets size, could Budget (OMB) at the time of its By the National Credit Union Administration Board on October 20, 2005. have higher deductibles. The final rule publication in the Federal Register and Mary F. Rupp, has been revised to clarify that only has applied for a control number. NCUA credit unions that have $1 million or included in its proposed rule an Secretary of the Board. more in assets and are RegFlex eligible analysis of the time and expense I Accordingly, NCUA amends 12 CFR qualify for the higher deductibles. In estimated to be required to comply with parts 713 and 741 as follows: addition, any changes to the deductible the notice provisions in the rule and amount based on changes in asset size solicited public comment on all aspects PART 713—FIDELITY BONDS AND or RegFlex Program eligibility need only of the paperwork burden. NCUA INSURANCE COVERAGE FOR be made annually, within 30 days of the received no comments on its estimate of FEDERAL CREDIT UNIONS filing of the year-end call report. the paperwork burden. OMB approved I 1. The authority citation for part 713 Finally, the Board has determined not to NCUA’s submission and has assigned rescind its approval for standard bond continues to read as follows: control number 3133–170 to this form number 23 at this time, based on information collection. Authority: 12 U.S.C. 1756, 1757(5)(D), and a comment submitted by the leading (7)(I), 1766, 1782, 1784, 1785 and 1786.
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I 2. Amend § 713.4 by revising are unable to access the NCUA Web site, § 713.5 What is the required minimum paragraph (a) to read as follows: you can get a current listing of approved dollar amount of coverage? bond forms by contacting NCUA’s § 713.4 What bond forms may be used? (a) The minimum required amount of Public and Congressional Affairs Office, fidelity bond coverage for any single (a) A current listing of basic bond at (703) 518–6330. loss is computed based on a federal forms that may be used without prior * * * * * credit union’s total assets. NCUA Board approval is on NCUA’s I 3. Amend § 713.5 by revising Web site, http://www.ncua.gov. If you paragraphs (a) and (b) to read as follows:
Assets Minimum bond
$0 to $4,000,000 ...... Lesser of total assets or $250,000. $4,000,001 to $50,000,000 ...... $100,000 plus $50,000 for each million or fraction thereof over $1,000,000. $50,000,000 to $500,000,000 ...... $2,550,000 plus $10,000 for each million or fraction thereof over $50,000,000, to a maximum of $5,000,000. Over $500,000,000 ...... One percent of assets, rounded to the nearest hundred million, to a maximum of $9,000,000.
(b) This is the minimum coverage on hand, cash in transit, and the nature § 713.6 What is the permissible required, but a federal credit union’s and risks inherent in any expanded deductible? board of directors should purchase services it offers such as wire transfer (a)(1)The maximum amount of additional or enhanced coverage when and remittance services. allowable deductible is computed based its circumstances warrant. In making * * * * * on a federal credit union’s asset size and this determination, a board of directors capital level, as follows: should consider its own internal risk I 4. Amend § 713.6 by revising assessment, its fraud trends and loss paragraph (a)(1) and adding paragraph experience, and factors such as its cash (c) to read as follows:
Assets Maximum deductible
$0 to $100,000 ...... No deductible allowed. $100,001 to $250,000 ...... $1,000. $250,000 to $1,000,000 ...... $2,000. Over $1,000,000 ...... $2,000 plus 1/1000 of total assets up to a maximum of $200,000; for credit unions over $1 million in assets that qualify for NCUA’s Regu- latory Flexibility Program in Part 742, the maximum deductible is $1,000,000.
* * * * * status and confirm that it has obtained DEPARTMENT OF TRANSPORTATION (c) A credit union’s eligibility to the required coverage. Federal Aviation Administration qualify for a deductible in excess of PART 741—REQUIREMENTS FOR $200,000 is determined based on it INSURANCE 14 CFR Part 39 having assets in excess of $1 million as reflected in its most recent year-end [Docket No. FAA–2005–20473; Directorate I 5300 call report and, as of that same 1. The authority citation for part 741 Identifier 2004–NM–156–AD; Amendment year-end, qualifying for NCUA’s continues to read as follows: 39–14351; AD 2005–22–07] Regulatory Flexibility Program under Authority: 12 U.S.C. 1757, 1766, 1781– RIN 2120–AA64 part 742 of this title as determined by 1790, and 1790d. its most recent examination report. A I 2. Amend § 741.201 by revising Airworthiness Directives; Boeing credit union that previously qualified paragraph (b) to read as follows: Model 757–200, –200PF, and –300 for a deductible in excess of $200,000, Series Airplanes but that subsequently fails to qualify § 741.201 Minimum fidelity bond AGENCY: Federal Aviation based on its most recent year-end 5300 requirements. Administration (FAA), Department of call report because either its assets have * * * * * Transportation (DOT). decreased or it no longer meets the net (b) Corporate credit unions must ACTION: Final rule. worth requirements of part 742 of this comply with § 704.18 of this chapter in title or fails to meet the CAMEL rating lieu of part 713 of this chapter. SUMMARY: The FAA is adopting a new requirements of part 742 of this title as [FR Doc. 05–21326 Filed 10–25–05; 8:45 am] airworthiness directive (AD) for certain determined by its most recent BILLING CODE 7535–01–P Boeing Model 757–200, –200PF, and examination report, must obtain the –300 series airplanes. This AD requires coverage otherwise required by inspecting for damage of the ground paragraph (b) of this section within 30 brackets, ground wires, and terminal days of filing its year-end call report and lugs of the auxiliary power unit (APU) must notify the appropriate NCUA battery and the APU start transformer regional office in writing of its changed rectifier unit (TRU) as applicable; and
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corrective and related investigative Comments condition addressed by this AD. For actions. This AD results from reports We provided the public the Model 757 airplanes having line number indicating that during inspections on opportunity to participate in the (L/N) 1 through 777 inclusive, the two airplanes, the ground brackets for development of this AD. We have AMOC and terminating action for AD the APU battery were found damaged. considered the comments received. 97–15–09 are specified in Boeing We are issuing this AD to detect and Service Bulletin 757–24A0080, dated correct a damaged electrical bonding Support for the Proposed Rule April 23, 1998—as well as Revision 1, surface of the APU battery and APU Two commenters have reviewed the dated May 20, 1999, Revision 2, dated start TRU ground connections, which subject NPRM and concur with the March 29, 2001, or Revision 3, dated could cause overheating of the ground content and 18 month compliance November 4, 2004—which specifies, connections and lead to possible timetable of the proposed AD. among other things, replacing the consequent ignition of the adjacent ground brackets. Model 757 airplanes Request for Deferral of Corrective insulating blankets. having L/N 778 and subsequent were in Actions DATES: This AD becomes effective production when AD 97–15–09 was November 30, 2005. One commenter requests that we issued. The AMOC and terminating The Director of the Federal Register allow a deferral of 30 to 60 days, not to action for AD 97–15–09 resulted from approved the incorporation by reference exceed the compliance time of 18 design changes made during production of certain publications listed in the AD months from the issue date of the AD, of Model 757 airplanes having L/N 778 as of November 30, 2005. to accomplish any required repair or and subsequent, and those design replacement of damaged parts changes were approved in FAA AMOC ADDRESSES: You may examine the AD discovered during the required 98–130S–149R1, dated August 6, 1998. docket on the Internet at http:// inspection. The commenter is However, the production process used dms.dot.gov or in person at the Docket concerned that additional time may be to clean the electrical bonding surfaces Management Facility, U.S. Department needed after the inspection to of the grounding bracket and frame of of Transportation, 400 Seventh Street accomplish the corrective actions and Model 757 airplanes having L/N 778 SW., Nassif Building, room PL–401, states that the NPRM does not specify and subsequent was incorrect and did Washington, DC. when the applicable corrective actions not reflect the actions specified in Contact Boeing Commercial and related investigative actions should Service Bulletin 757–24A0080, resulting Airplanes, P.O. Box 3707, Seattle, be accomplished, only that they must be in overheating of the ground assemblies. Washington 98124–2207, for service accomplished within 18 months after This AD applies only to Model 757 information identified in this AD. the effective date of the AD. airplanes having L/N 778 and FOR FURTHER INFORMATION CONTACT: We agree with the intent of the subsequent; Model 757 airplanes having Elias Natsiopoulos, Aerospace Engineer, commenter’s request. We have L/N 1 through 777 inclusive require no Systems and Equipment Branch, ANM– determined that, in this case, safety will further action according to this AD, 130S, FAA, Seattle Aircraft Certification not be compromised if the applicable provided those airplanes are repetitively Office, 1601 Lind Avenue, SW., Renton, corrective actions and related inspected per AD 97–15–09, or the Washington 98055–4056; telephone investigative actions are not terminating actions specified in Service (425) 917–6478; fax (425) 917–6590. accomplished immediately after the Bulletin 757–24A0080 have been SUPPLEMENTARY INFORMATION: inspection, provided such actions are correctly incorporated. Therefore, accomplished within the 18 month Examining the Docket although AD 97–15–09 is related to this compliance time specified in paragraph AD, it is not affected by this AD. We You may examine the airworthiness (f) of the AD. It is not necessary to have not changed this AD in this regard. directive (AD) docket on the Internet at change the AD to meet the intent of the http://dms.dot.gov or in person at the commenter’s request. Request to Clarify Applicability of Docket Management Facility office Proposed AD to Certain Service between 9 a.m. and 5 p.m., Monday Request to Cite Affected AD Information through Friday, except Federal holidays. Two commenters request that One commenter requests that we The Docket Management Facility office paragraph (b) of the NPRM be revised to clarify how the actions in the NPRM (telephone (800) 647–5227) is located on refer to AD 97–15–09, amendment 39– apply to the actions specified by Alert the plaza level of the Nassif Building at 10083 (July 17, 1997, 62 FR 38204), as Service Bulletin 757–24A0080, which the street address stated in the an affected rule, and request that the provides the terminating action for AD ADDRESSES section. proposed AD be revised to clarify how 97–15–09. The commenter states that it is affected by AD 97–15–09 and FAA accomplishing Alert Service Bulletin Discussion Alternate Means of Compliance (AMOC) 757–24A0080 may result in the same The FAA issued a notice of proposed 98–130S–149R1, dated August 6, 1998. unsafe condition that occurred in rulemaking (NPRM) to amend 14 CFR One commenter believes that the airplanes having L/N 778 and part 39 to include an AD that would proposed AD should supersede AD 97– subsequent, that were modified in apply to certain Boeing Model 757–200, 15–09, which is applicable to all Model accordance with Boeing Production –200PF, and –300 series airplanes. That 757 airplanes. Revision Record (PRR) 54530–186. The NPRM was published in the Federal We agree that AD 97–15–09 is related commenter asserts that the AD should Register on March 3, 2005 (70 FR to this AD because AD 97–15–09 applies address this possibility. 10344). That NPRM proposed to require to the same APU battery and TRU We agree with the commenter’s inspecting for damage of the ground ground assemblies as this AD, and concern, since the unsafe condition that brackets, ground wires, and terminal because AD 97–15–09 is applicable to is the subject of this AD was detected on lugs of the auxiliary power unit (APU) all Model 757 airplanes. However, we airplanes produced in accordance with battery and the APU start transformer do not agree that this AD should PRR 54530–186. Certain production rectifier unit (TRU) as applicable; and supersede AD 97–15–09, because the type design changes were the same (for corrective and related investigative failure conditions addressed by AD 97– airplanes having L/N 778 and actions. 15–09 are not the same as the failure subsequent) as those specified in Alert
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Service Bulletin 757–24A0080—which bulletins must be accomplished to We do not agree with this request. provides the terminating action in AD correct the unsafe condition addressed The economic analysis of an AD is 97–15–09 for airplanes L/N 1 through by this AD, which, as discussed earlier, limited to the cost of actions that are 777 inclusive. However, as already is not the same as the unsafe condition actually required by the AD. The discussed, the unsafe condition addressed by AD 97–15–09 and Alert economic analysis does not consider the addressed by this AD resulted from Service Bulletin 757–24A0080. We have costs of conditional actions, such as the using an incorrect method to clean the not changed the AD in this regard. work hours that might be needed to bonding surfaces of the ground bracket Request to Replace Reference to repair a broken ground bracket detected and frame during the production of Standard Overhaul Practices Manual during a required inspection (‘‘repair, if certain airplanes having L/N 778 and necessary’’), or the costs for parts and subsequent. The manufacturer advises The same commenter requests that we materials needed to accomplish such a that the bonding surface cleaning revise the service bulletins by replacing repair. Such conditional repairs would process specified in Alert Service the references to the cleaning method of be required—whether or not the AD Bulletin 757–24A0080 is the correct faying bonding surfaces specified in the directs such repairs—to correct an process. Therefore, no change is needed Standard Overhaul Practices Manual unsafe condition discovered in an to the AD in this regard. Operators (SOPM), section 20–11–03, with the airplane and to ensure that the airplane should note that the manufacturer has method specified by the Standard is operated in an airworthy condition, as informed us that Model 757 airplanes Wiring Practices Manual (SWPM), required by the Federal Aviation having L/N 1029 and subsequent section 20–20–00. The commenter Regulations. No change is needed to the received the design change in provided no justification for this AD in this regard. production using the correct bonding request. surface cleaning process; therefore, only We do not agree with this request. We Request to Supply Torque Information airplanes having L/N 778 through 1028 have examined the specified methods One commenter requests that we inclusive are affected by this AD. and have determined that SOPM section revise the NPRM, or the applicable 20–11–03 provides the correct method Request to Include Electrical Check service bulletin, to explicitly specify the for cleaning faying surface bond. We torque required to tighten the screw/nut One commenter requests that we have not changed the AD in this regard. used to secure the ground wire terminal revise the NPRM—as well as Figure 1 lug to the ground bracket. The and the associated Work Instructions of Request to Identify Service Bulletins in commenter contends that SWPM section Boeing Alert Service Bulletin 757– Costs of Compliance 20–30–00, which is specified as the 24A0099, dated March 25, 2004—to One commenter requests that we source information for determining the allow an initial detailed visual revise the Costs of Compliance section applicable torque, lists a range of torque inspection (DVI) for discoloration and of the NPRM to specify which airplane values for various stud sizes and states signs of overheating of the ground groups are affected by Boeing Alert that the proper torque value is critical bracket and terminal, followed by a Service Bulletin 757–24A0099, and to the proper function of these bonding resistance check between the which airplane groups are affected components. ground bracket and terminal lug, rather groups by Boeing Alert Service Bulletin than disconnecting the ground wire 757–24A0100, both dated March 25, We agree that the correct torque is from the terminal bracket for the initial 2004. The commenter gave no critical for proper accomplishment of inspection. The commenter contends justification for this request. this AD. Improper torque will affect the that, if the DVI discloses no evidence of We partially agree with this request. electrical conductivity of the ground discoloration or overheating, and the Though costs are determined in part terminals and could result in another measured resistance does not exceed from the estimated number of work unsafe condition. However, we do not 0.0001 ohm, the ground connection is hours specified in the applicable service agree that it is necessary for the AD to acceptable for service and further bulletins for each group of airplanes, specify an exact torque value. Torque inspection or action is unnecessary and specifying which service bulletin limits for specific stud sizes are shouldn’t be required for the ground provided the information for which specified in the SWPM, which is components. Further, the commenter group(s) of airplanes would have no controlled and maintained by the asserts that adding the DVI step will effect on the total costs of the AD. manufacturer. We have not changed the make the NPRM consistent with AD 97– However, to minimize any possible AD in this regard. 15–09 and Alert Service Bulletin 757– confusion, we have revised the Costs of Clarification of Alternative Method of 24A0080. Compliance in the AD as requested. Compliance (AMOC) Paragraph We do not agree with this request. The unsafe condition results from the Request to Revise Cost Estimate We have revised this action to clarify incorrect process used to clean the One commenter requests that we the appropriate procedure for notifying bonding surfaces of the ground bracket revise the Cost of Compliance section of the principal inspector before using any and wire terminal, which failed to the NPRM to agree with the work hours approved AMOC on any airplane to remove an anodized finish that reduces specified by the service bulletins. The which the AMOC applies. conductivity from those ground commenter states that the cost of the Conclusion components. We have determined that it work hours estimated by the may be possible for those anodized manufacturer is considerably higher We have carefully reviewed the ground components to display no than the cost specified in the NPRM. available data, including the comments evidence of discoloration or overheating The commenter also requests that we received, and determined that air safety during a DVI and to pass the bonding include the costs for materials and parts and the public interest require adopting resistance check, but to deteriorate with needed to repair any damaged ground the AD with the changes described time and service, resulting in the unsafe components. The commenter states that previously. We have determined that condition this AD intends to correct. materials and parts form a significant these changes will neither increase the Therefore, the inspections and actions part of the costs of any airplane economic burden on any operator nor specified in the applicable service modification. increase the scope of the AD.
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Costs of Compliance responsibilities among the various of the ground connections and lead to possible consequent ignition of the adjacent There are about 251 airplanes of the levels of government. For the reasons discussed above, I insulating blankets. affected design in the worldwide fleet. certify that this AD: This AD will affect about 159 airplanes Compliance (1) Is not a ‘‘significant regulatory of U.S. registry. (e) You are responsible for having the action’’ under Executive Order 12866; actions required by this AD performed within For about 89 Group 1 airplanes as (2) Is not a ‘‘significant rule’’ under identified in Alert Service Bulletin 757– the compliance times specified, unless the DOT Regulatory Policies and Procedures actions have already been done. 24A0099 and Alert Service Bulletin (44 FR 11034, February 26, 1979); and 757–24A0100, as applicable: The (3) Will not have a significant Inspection of Ground Connections inspection and cleaning of the ground economic impact, positive or negative, (f) Within 18 months after the effective connections will take about 2 work on a substantial number of small entities date of this AD, perform a general visual hours per airplane, at an average labor under the criteria of the Regulatory inspection for damage of the ground brackets, rate of $65 per work hour. Based on ground wires, and terminal lugs of the APU Flexibility Act. battery and APU start TRU, and do any these figures, the estimated cost of the We prepared a regulatory evaluation AD for U.S. operators is $11,570, or corrective and related investigative actions; of the estimated costs to comply with by doing all the actions specified in the $130 per airplane. this AD and placed it in the AD docket. Accomplishment Instructions of Boeing Alert For about 64 Group 2 airplanes as See the ADDRESSES section for a location Service Bulletin 757–24A0099 (for Model identified in Alert Service Bulletin 757– to examine the regulatory evaluation. 757–200 and –200PF series airplanes) or 24A0099: The inspection and cleaning Boeing Alert Service Bulletin 757–24A0100 of the ground connection will take about List of Subjects in 14 CFR Part 39 (for Model 757–300 series airplanes), both 1 work hour per airplane, at an average Air transportation, Aircraft, Aviation dated March 25, 2004, as applicable. labor rate of $65 per work hour. Based safety, Incorporation by reference, Note 1: For the purposes of this AD, a on these figures, the estimated cost of Safety. general visual inspection is ‘‘A visual the AD for U.S. operators is $4,160, or examination of an interior or exterior area, $65 per airplane. Adoption of the Amendment installation or assembly to detect obvious damage, failure or irregularity. This level of I For about 6 Group 3 airplanes as Accordingly, under the authority inspection is made from within touching identified in Alert Service Bulletin 757– delegated to me by the Administrator, distance unless otherwise specified. A mirror 24A0099: The inspection and cleaning the FAA amends 14 CFR part 39 as may be necessary to ensure visual access to of the ground connections will take follows: all surfaces in the inspection area. This level about 2 work hours per airplane, at an of inspection is made under normal available average labor rate of $65 per work hour. PART 39—AIRWORTHINESS lighting conditions such as daylight, hangar Based on these figures, the estimated DIRECTIVES lighting, flashlight or drop-light and may cost of the AD for U.S. operators is $780, require removal or opening of access panels I 1. The authority citation for part 39 or $130 per airplane. or doors. Stands, ladders or platforms may be continues to read as follows: required to gain proximity to the area being Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. checked.’’ Title 49 of the United States Code § 39.13 [Amended] Alternative Methods of Compliance specifies the FAA’s authority to issue (AMOCs) I rules on aviation safety. Subtitle I, 2. The Federal Aviation (g)(1) The Manager, Seattle Aircraft section 106, describes the authority of Administration (FAA) amends § 39.13 Certification Office, FAA, has the authority to the FAA Administrator. Subtitle VII, by adding the following new approve AMOCs for this AD, if requested in Aviation Programs, describes in more airworthiness directive (AD): accordance with the procedures found in 14 detail the scope of the Agency’s 2005–22–07 Boeing: Amendment 39–14351. CFR 39.19. authority. Docket No. FAA–2005–20473; (2) Before using any AMOC approved in We are issuing this rulemaking under Directorate Identifier 2004–NM–156–AD. accordance with 14 CFR 39.19 on any airplane to which the AMOC applies, notify the authority described in subtitle VII, Effective Date the appropriate principal inspector in the part A, subpart III, section 44701, (a) This AD becomes effective November FAA Flight Standards Certificate Holding ‘‘General requirements.’’ Under that 30, 2005. District Office. section, Congress charges the FAA with promoting safe flight of civil aircraft in Affected ADs Material Incorporated by Reference air commerce by prescribing regulations (b) None. (h) You must use Boeing Alert Service Bulletin 757–24A0099, dated March 25, for practices, methods, and procedures Applicability the Administrator finds necessary for 2004; or Boeing Alert Service Bulletin 757– 24A0100, dated March 25, 2004; as safety in air commerce. This regulation (c) This AD applies to Boeing Model 757– 200, –200PF, and –300 series airplanes, applicable; to perform the actions that are is within the scope of that authority certificated in any category; as identified in required by this AD, unless the AD specifies because it addresses an unsafe condition Boeing Alert Service Bulletin 757–24A0099 otherwise. The Director of the Federal that is likely to exist or develop on and Boeing Alert Service Bulletin 757– Register approved the incorporation by products identified in this rulemaking 24A0100, both dated March 25, 2004. reference of these documents in accordance action. with 5 U.S.C. 552(a) and 1 CFR part 51. Unsafe Condition Contact Boeing Commercial Airplanes, P.O. Regulatory Findings (d) This AD was prompted by reports Box 3707, Seattle, Washington 98124–2207, We have determined that this AD will indicating that during inspections on two for a copy of this service information. You not have federalism implications under airplanes, the ground brackets for the may review copies at the Docket Management auxiliary power unit (APU) battery were Facility, U.S. Department of Transportation, Executive Order 13132. This AD will found damaged. We are issuing this AD to 400 Seventh Street SW., room PL–401, Nassif not have a substantial direct effect on detect and correct a damaged electrical Building, Washington, DC; on the Internet at the States, on the relationship between bonding surface of the APU battery and APU http://dms.dot.gov; or at the National the national government and the States, start transformer rectifier unit (TRU) ground Archives and Records Administration or on the distribution of power and connections, which could cause overheating (NARA). For information on the availability
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of this material at the NARA, call (202) 741– Transport Airplane Directorate, 1601 the AD with the changes described 6030, or go to http://www.archives.gov/ Lind Avenue, SW., Renton, Washington previously. We have determined that federal_register/code_of_federal_regulations/ _ 98055–4056; telephone (425) 227–2141; these changes will neither increase the ibr locations.html. fax (425) 227–1149. economic burden on any operator nor Issued in Renton, Washington, on October SUPPLEMENTARY INFORMATION: increase the scope of the AD. 18, 2005. Kevin M. Mullin, Examining the Docket Costs of Compliance Acting Manager, Transport Airplane You may examine the airworthiness This AD will affect about 17 airplanes Directorate, Aircraft Certification Service. directive (AD) docket on the Internet at of U.S. registry. The actions will be [FR Doc. 05–21311 Filed 10–25–05; 8:45 am] http://dms.dot.gov or in person at the performed at an average labor rate of BILLING CODE 4910–13–P Docket Management Facility office $65 per work hour, and any needed between 9 a.m. and 5 p.m., Monday parts will be supplied from operator through Friday, except Federal holidays. inventory. DEPARTMENT OF TRANSPORTATION The Docket Management Facility office For about 7 U.S.-registered airplanes (telephone (800) 647–5227) is located on subject to Airbus Service Bulletin Federal Aviation Administration the plaza level of the Nassif Building at A320–28–1008, Revision 1, dated April the street address stated in the 10, 1989, the modification will take 14 CFR Part 39 ADDRESSES section. about 3 work hours. Based on these [Docket No. FAA–2005–22170; Directorate Discussion figures, the estimated cost of this Identifier 2005–NM–073–AD; Amendment modification for U.S. operators is 39–14349; AD 2005–22–05] The FAA issued a notice of proposed $1,365, or $195 per airplane. rulemaking (NPRM) to amend 14 CFR RIN 2120–AA64 For about 10 U.S.-registered airplanes part 39 to include an AD that would subject to Airbus Service Bulletin Airworthiness Directives; Airbus Model apply to certain Airbus Model A320– A320–28–1054, dated August 23, 1993, A320–111, –211, –212, and –231 111, –211, –212, and –231 airplanes. the inspection will take about 1 work Airplanes That NPRM was published in the hour. Based on these figures, the Federal Register on August 23, 2005 (70 estimated cost of this inspection for U.S. AGENCY: Federal Aviation FR 49213). That NPRM proposed to operators is $650, or $65 per airplane. Administration (FAA), Department of require, for certain airplanes, modifying Transportation (DOT). the cables and access holes to the inner Authority for This Rulemaking ACTION: Final rule. tank fuel pumps; and, for certain other Title 49 of the United States Code airplanes, inspecting the fuel pump specifies the FAA’s authority to issue SUMMARY: The FAA is adopting a new access holes and modifying the access rules on aviation safety. Subtitle I, airworthiness directive (AD) for certain holes, if necessary. section 106, describes the authority of Airbus Model A320–111, –211, –212, Comments the FAA Administrator. Subtitle VII, and –231 airplanes. This AD requires, Aviation Programs, describes in more for certain airplanes, modifying the We provided the public the detail the scope of the Agency’s cables and access holes to the inner tank opportunity to participate in the authority. development of this AD. We have fuel pumps; and, for certain other We are issuing this rulemaking under considered the comment received. The airplanes, inspecting the fuel pump the authority described in subtitle VII, commenter supports the NPRM. access holes and modifying the access part A, subpart III, section 44701, holes, if necessary. This AD results from Clarification of Alternative Method of ‘‘General requirements.’’ Under that fuel system reviews conducted by the Compliance (AMOC) Paragraph section, Congress charges the FAA with manufacturer. We are issuing this AD to We have revised this action to clarify promoting safe flight of civil aircraft in prevent chafing of the fuel pump cables, air commerce by prescribing regulations which could result in electrical arcing the appropriate procedure for notifying the principal inspector before using any for practices, methods, and procedures and possible ignition of fuel vapors and the Administrator finds necessary for consequent explosion of the fuel tank. approved AMOC on any airplane to which the AMOC applies. safety in air commerce. This regulation DATES: This AD becomes effective is within the scope of that authority November 30, 2005. Editorial Change because it addresses an unsafe condition The Director of the Federal Register As stated in the ‘‘Relevant Service that is likely to exist or develop on approved the incorporation by reference Information’’ section of the NPRM, products identified in this rulemaking of certain publications listed in the AD Airbus Service Bulletin A320–28–1054, action. as of November 30, 2005. dated August 23, 1993, describes Regulatory Findings ADDRESSES: You may examine the AD procedures for performing an docket on the Internet at http:// inspection, and ‘‘as applicable, We have determined that this AD will dms.dot.gov or in person at the Docket modifying the fuel pump access holes.’’ not have federalism implications under Management Facility, U.S. Department We have revised paragraph (f)(2) of the Executive Order 13132. This AD will of Transportation, 400 Seventh Street final rule to state ‘‘* * * modify the not have a substantial direct effect on SW., Nassif Building, room PL–401, access holes, as applicable * * *’’ the States, on the relationship between Washington, DC. instead of ‘‘* * * modify the access the national government and the States, Contact Airbus, 1 Rond Point Maurice holes, as necessary * * *.’’ or on the distribution of power and Bellonte, 31707 Blagnac Cedex, France, responsibilities among the various for service information identified in this Conclusion levels of government. AD. We have carefully reviewed the For the reasons discussed above, I FOR FURTHER INFORMATION CONTACT: Tim available data, including the comment certify that this AD: Dulin, Aerospace Engineer, received, and determined that air safety (1) Is not a ‘‘significant regulatory International Branch, ANM–116, FAA, and the public interest require adopting action’’ under Executive Order 12866;
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(2) Is not a ‘‘significant rule’’ under Inspection and Modification of Fuel Pump Revision level Date DOT Regulatory Policies and Procedures Access Holes Page No. shown on shown on (44 FR 11034, February 26, 1979); and (f) Within 58 months after the effective page page (3) Will not have a significant date of this AD, perform the actions required economic impact, positive or negative, by paragraph (f)(1) or (f)(2) of this AD, as 1, 2, 7–9 ...... 1 ...... April 10, 1989. on a substantial number of small entities applicable. (1) For airplanes that have not received 3–6 ...... Original ...... February 9, under the criteria of the Regulatory 1989. Flexibility Act. Airbus Modification 21088 or 21999 in production: Modify the cables and access We prepared a regulatory evaluation The Director of the Federal Register of the estimated costs to comply with holes to the inner tank fuel pumps, in accordance with the Accomplishment approved the incorporation by reference of this AD and placed it in the AD docket. Instructions of Airbus Service Bulletin A320– these documents in accordance with 5 U.S.C. See the ADDRESSES section for a location 28–1008, Revision 1, dated April 10, 1989. 552(a) and 1 CFR part 51. Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac to examine the regulatory evaluation. (2) For airplanes that have received Airbus Cedex, France, for a copy of this service Modification 21088 in production and have List of Subjects in 14 CFR Part 39 information. You may review copies at the manufacturer’s serial numbers 91 to 113 Docket Management Facility, U.S. Air transportation, Aircraft, Aviation inclusive and 140 to 189 inclusive: Perform Department of Transportation, 400 Seventh a general visual inspection for the correct safety, Incorporation by reference, Street SW., room PL–401, Nassif Building, Safety. radius of the fuel pump access holes and Washington, DC; on the Internet at http:// modify the access holes, as applicable, in Adoption of the Amendment dms.dot.gov; or at the National Archives and accordance with the Accomplishment Records Administration (NARA). For I Accordingly, under the authority Instructions of Airbus Service Bulletin A320– information on the availability of this delegated to me by the Administrator, 28–1054, dated August 23, 1993. Do any material at the NARA, call (202) 741–6030, applicable repairs before further flight. the FAA amends 14 CFR part 39 as or go to http://www.archives.gov/ _ _ _ _ follows: Note 1: For the purposes of this AD, a federal register/code of federal regulations/ general visual inspection is: ‘‘A visual ibr_locations.html. PART 39—AIRWORTHINESS examination of an interior or exterior area, installation, or assembly to detect obvious DIRECTIVES Airbus service Revision level Date damage, failure, or irregularity. This level of bulletin I 1. The authority citation for part 39 inspection is made from within touching continues to read as follows: distance unless otherwise specified. A mirror A320–28– 1 ...... April 10, may be necessary to ensure visual access to 1008. 1989. Authority: 49 U.S.C. 106(g), 40113, 44701. all surfaces in the inspection area. This level A320–28– Original ...... August 23, 1054. 1993. § 39.13 [Amended] of inspection is made under normally available lighting conditions such as I 2. The Federal Aviation daylight, hangar lighting, flashlight, or Issued in Renton, Washington, on October Administration (FAA) amends § 39.13 droplight and may require removal or 18, 2005. opening of access panels or doors. Stands, by adding the following new Kevin M. Mullin, airworthiness directive (AD): ladders, or platforms may be required to gain proximity to the area being checked.’’ Acting Manager, Transport Airplane 2005–22–05 Airbus: Amendment 39–14349. Directorate, Aircraft Certification Service. Docket No. FAA–2005–22170; No Reporting Requirement [FR Doc. 05–21312 Filed 10–25–05; 8:45 am] Directorate Identifier 2005–NM–073–AD. (g) Although Airbus Service Bulletin BILLING CODE 4910–13–P Effective Date A320–28–1054, dated August 23, 1993, (a) This AD becomes effective November describes procedures for reporting inspection 30, 2005. findings to Airbus, this AD does not require DEPARTMENT OF TRANSPORTATION that report. Affected ADs Alternative Methods of Compliance Federal Aviation Administration (b) None. (AMOCs) 14 CFR Part 39 Applicability (h)(1) The Manager, International Branch, (c) This AD applies to Airbus Model A320– ANM–116, Transport Airplane Directorate, [Docket No. FAA–2005–22757; Directorate 111, –211, –212, and –231 airplanes, FAA, has the authority to approve AMOCs Identifier 2005–SW–32–AD; Amendment 39– certificated in any category, that have not for this AD, if requested in accordance with 14345; AD 2005–22–01] received Airbus Modification 21088 or 21999 the procedures found in 14 CFR 39.19. RIN 2120–AA64 in production; and airplanes that have (2) Before using any AMOC approved in received Airbus Modification 21088 in accordance with § 39.19 on any airplane to production and have manufacturer’s serial which the AMOC applies, notify the Airworthiness Directives; Sikorsky numbers 91 to 113 inclusive and 140 to 189 appropriate principal inspector in the FAA Aircraft Corporation Model S–76A, B, inclusive. Flight Standards Certificate Holding District and C Helicopters Office. Unsafe Condition AGENCY: Federal Aviation (d) This AD results from fuel systems Related Information Administration, DOT. reviews conducted by the manufacturer. We (i) French airworthiness directive F–2005– ACTION: Final rule; request for are issuing this AD to prevent chafing of the 031, dated February 16, 2005, also addresses comments. fuel pump cables, which could result in the subject of this AD. electrical arcing and possible ignition of fuel SUMMARY: This amendment adopts a Material Incorporated by Reference vapors and consequent explosion of the fuel new airworthiness directive (AD) for the tank. (j) You must use the service information Sikorsky Aircraft Corporation (Sikorsky) identified in Table 1 of this AD to perform Model S–76A, B, and C helicopters. Compliance the actions that are required by this AD, (e) You are responsible for having the unless the AD specifies otherwise. Airbus This action requires certain inspections actions required by this AD performed within Service Bulletin A320–28–1008, Revision 1, of the main rotor lower bifilar arm the compliance times specified, unless the dated April 10, 1989, contains the following assembly in the attachment area around actions have already been done. effective pages: the lower bifilar lugs for a crack. If a
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crack is found on any bifilar lug, this FOR FURTHER INFORMATION CONTACT: frequency of reports and the severity of AD requires replacing the bifilar arm Tracy Murphy, Aviation Safety the failures prompted this AD. In the assembly with an airworthy bifilar arm Engineer, Boston Aircraft Certification most recent report, six of the six lugs assembly. If no crack is found, this AD Office, 12 New England Executive Park, had separated from the bifilar. requires a one-time test for the required Burlington, MA 01803, telephone (781) This unsafe condition is likely to exist torque on the lug nuts and, if necessary, 238–7172, fax (781) 238–7170. or develop on other helicopters of these applying the required torque and SUPPLEMENTARY INFORMATION: This same type designs. Therefore, this AD is conducting the torque stabilization tests. amendment adopts a new AD for being issued to prevent failure of a This amendment is prompted by four Sikorsky Model S–76A, B, and C bifilar lug, damage to the main rotor reports of cracked bifilars. The actions helicopters. This action requires certain system, and subsequent loss of control specified in this AD are intended to inspections of the main rotor lower of the helicopter. This AD requires the prevent failure of a bifilar lug, damage bifilar arm assembly around the lower following for helicopters with a pilot to the main rotor control system, and bifilar lugs for a crack. If a crack is fitting, part number (P/N) 76103–08003– subsequent loss of control of the found on any bifilar lug, this AD 101, with 1500 or more hours time-in- helicopter. requires replacing the bifilar arm service (TIS): DATES: Effective November 10, 2005. assembly with an airworthy bifilar arm • Within 50 hours TIS, unless The incorporation by reference of assembly. If no crack is found, this AD accomplished previously, and thereafter certain publications listed in the requires a one-time test for the required at intervals not to exceed 50 hours TIS, regulations is approved by the Director torque on the lug nuts and, if necessary, inspect the bifilar arm assembly for a of the Federal Register as of November applying the required torque and crack in the lug attachment area. 10, 2005. conducting the torque stabilization tests. • If you find a crack on any bifilar Comments for inclusion in the Rules This amendment is prompted by four arm assembly lug, before further flight, Docket must be received on or before reports of cracked bifilars. The actions replace the bifilar arm assembly with an December 27, 2005. specified in this AD are intended to airworthy bifilar arm assembly. ADDRESSES: Use one of the following prevent failure of a bifilar lug, damage • If no crack is found at the initial addresses to submit comments on this to the main rotor system, and inspection, perform a one-time torque AD: subsequent loss of control of the • test. The torque test is not required at DOT Docket Web site: Go to helicopter. the recurring inspection intervals of the http://dms.dot.gov and follow the Sikorsky issued Alert Service Bulletin bifilar arm assembly. instructions for sending your comments No. 76–65–62, dated December 14, 2004 Accomplish the actions by following electronically; (ASB), after receiving two reports of • Government-wide rulemaking Web the specified portions of the ASB cracks in the lug areas of helicopters. described previously. site: Go to http://www.regulations.gov Sikorsky states that cracked lugs were and follow the instructions for sending The short compliance time involved found despite the lower support lug is required because the previously your comments electronically; joining being torqued and stabilized. For • Mail: Docket Management Facility; described critical unsafe condition can a bifilar with more than 1500 hours, the adversely affect the structural integrity U.S. Department of Transportation, 400 ASB specifies performing, within 100 Seventh Street SW., Nassif Building, of the helicopter. This AD requires the flight hours from the issue date of the Room PL–401, Washington, DC 20590; affected helicopters to be inspected and ASB, a one-time inspection of the lower • Fax: (202) 493–2251; or undergo a torque test within 50 hours • Hand Delivery: Room PL–401 on bifilar support lugs for cracks in the lug TIS. If you find a crack in the bifilar lug the plaza level of the Nassif Building, attachment areas. These are considered attachment area, this AD requires 400 Seventh Street SW., Washington, interim actions until terminating action replacing any unairworthy bifilar arm DC, between 9 a.m. and 5 p.m., Monday can be taken. Sikorsky has designed and assembly with an airworthy bifilar arm through Friday, except Federal holidays. is currently testing a new main rotor assembly before further flight. You may get the service information hub pilot fitting (pilot fitting). Therefore, this AD must be issued identified in this AD from Sikorsky Since Sikorsky issued the ASB, the immediately. FAA has received two more reports for Aircraft Corporation, Attn: Manager, Since a situation exists that requires a total of four reports of cracked bifilars. Commercial Tech Support, 6900 Main the immediate adoption of this The additional reports indicate that Street, Stratford, Connecticut 06614, regulation, it is found that notice and cracks have become more severe. phone (203) 386–3001, fax (203) 386– opportunity for prior public comment Therefore, this AD will require a repeat 5983. hereon are impracticable, and that good inspection of the arm assembly in cause exists for making this amendment Examining the Docket addition to the inspections in the ASB. effective in less than 30 days. You may examine the docket that Also, this AD is effective for helicopters with a pilot fitting, part number (P/N) We estimate that this AD will: contains the AD, any comments, and • other information on the Internet at 76103–08003–101, which is different Affect 216 helicopters, • http://dms.dot.gov, or in person at the from what the ASB specifies. Take about 4 work hours for each Docket Management System (DMS) Investigation has shown the root cause inspection (including the torque Docket Offices between 9 a.m. and 5 of the failure is not the bifilar itself but stabilization tests), assuming 6 p.m., Monday through Friday, except the mating part that attaches the bifilar inspections per year, and 4 hours to Federal holidays. The Docket Office to the main rotor hub, called the pilot replace the bifilars, assuming a total of (telephone (800) 647–5227) is located on fitting. This fitting is transferring the 2 bifilar arm assemblies need replacing, the plaza level of the Department of load too abruptly into the bifilar. The and Transportation Nassif Building at the ongoing fatigue testing is with the • Cost about $19,727 for a bifilar arm street address stated in the ADDRESSES production bifilar and the redesigned assembly. section. Comments will be available in pilot fitting. If the tests are successful, Based on these figures, we estimate the AD docket shortly after the DMS terminating action likely will include the total cost impact of the AD on U.S. receives them. installing the new pilot fitting. The operators to be $376,934.
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Comments Invited the FAA Administrator. Subtitle VII, Perform the torque test and the additional torque procedures as stated in the This AD is a final rule that involves Aviation Programs, describes in more detail the scope of the Agency’s Accomplishment Instructions, paragraph requirements that affect flight safety and 3.B.(1) through 3.B.(3) of the ASB. The torque was not preceded by notice and an authority. We are issuing this rulemaking under test is not required at the recurring opportunity for public comment; inspection intervals of the lower bifilar arm the authority described in Subtitle VII, however, we invite you to submit any assembly. Part A, Subpart III, Section 44701, written data, views, or arguments (b) To request a different method of ‘‘General requirements.’’ Under that regarding this AD. Send your comments compliance or a different compliance time section, Congress charges the FAA with for this AD, follow the procedures in 14 CFR to an address listed under ADDRESSES. promoting safe flight of civil aircraft in 39.19. Contact the Boston Aircraft Include ‘‘Docket No. FAA–2005–22757; air commerce by prescribing regulations Certification Office, FAA, for information Directorate Identifier 2005–SW–32–AD’’ for practices, methods, and procedures about previously approved alternative at the beginning of your comments. We the Administrator finds necessary for methods of compliance. specifically invite comments on the safety in air commerce. This regulation (c) Inspect the lower bifilar arm assembly overall regulatory, economic, and perform the torque test by following the is within the scope of that authority specified portions of Sikorsky Alert Service environmental, and energy aspects of because it addresses an unsafe condition the AD. We will consider all comments Bulletin No. 76–65–62, dated December 14, that is likely to exist or develop on 2004. The Director of the Federal Register received by the closing date and may products identified in this rulemaking approved this incorporation by reference in amend the AD in light of those action. accordance with 5 U.S.C. 552(a) and 1 CFR comments. part 51. Copies may be obtained from We will post all comments we List of Subjects in 14 CFR Part 39 Sikorsky Aircraft Corporation, Attn: Manager, receive, without change, to http:// Air transportation, Aircraft, Aviation Commercial Tech Support, 6900 Main Street, dms.dot.gov, including any personal safety, Incorporation by reference, Stratford, Connecticut 06614, phone (203) information you provide. We will also Safety. 386–3001, fax (203) 386–5983. Copies may be post a report summarizing each inspected at the National Archives and substantive verbal contact with FAA Adoption of the Amendment Records Administration (NARA). For information on the availability of this personnel concerning this AD. Using the I Accordingly, pursuant to the authority material at NARA, call 202–741–6030, or go search function of our docket web site, delegated to me by the Administrator, to: http://www.archives.gov/federal_register/ you can find and read the comments to the Federal Aviation Administration code_of_federal_regulations/ any of our dockets, including the name amends part 39 of the Federal Aviation ibr_locations.html. of the individual who sent the Regulations (14 CFR part 39) as follows: (d) This amendment becomes effective on comment. You may review the DOT’s November 10, 2005. complete Privacy Act Statement in the PART 39—AIRWORTHINESS Issued in Fort Worth, Texas, on October 17, Federal Register published on April 11, DIRECTIVES 2005. 2000 (65 FR 19477–78), or you may visit I 1. The authority citation for part 39 David A. Downey, http://dms.dot.gov. continues to read as follows: Manager, Rotorcraft Directorate, Aircraft Certification Service. Regulatory Findings Authority: 49 U.S.C. 106(g), 40113, 44701. [FR Doc. 05–21256 Filed 10–25–05; 8:45 am] We have determined that this AD will § 39.13 [Amended] BILLING CODE 4910–13–P not have federalism implications under Executive Order 13132. This AD will I 2. Section 39.13 is amended by adding a new airworthiness directive to read as not have a substantial direct effect on DEPARTMENT OF TRANSPORTATION the States, on the relationship between follows: the national Government and the States, 2005–22–01 Sikorsky Aircraft Corporation: Federal Aviation Administration or on the distribution of power and Amendment 39–14345. Docket No. responsibilities among the various FAA–2005–22757; Directorate Identifier 14 CFR Part 39 levels of government. 2005–SW–32–AD. For the reasons discussed above, I Applicability: Model S–76A, B, and C, with [Docket No. FAA–2005–22018; Directorate a main rotor hub pilot fitting (pilot fitting), Identifier 2005–CE–41–AD; Amendment 39– certify that the regulation: 14348; AD 2005–22–04] 1. Is not a ‘‘significant regulatory part number (P/N) 76103–08003–101, with 1500 or more hours time-in-service (TIS), RIN 2120–AA64 action’’ under Executive Order 12866; installed, certificated in any category. 2. Is not a ‘‘significant rule’’ under the Compliance: Required as indicated. Airworthiness Directives; Pilatus DOT Regulatory Policies and Procedures To prevent failure of a bifilar lug, damage (44 FR 11034, February 26, 1979); and to the main rotor system, and subsequent loss Aircraft Ltd. Models PC–12 and PC–12/ 3. Will not have a significant of control of the helicopter, accomplish the 45 Airplanes following: economic impact, positive or negative, AGENCY: Federal Aviation on a substantial number of small entities (a) Within 50 hours TIS, and thereafter at intervals not to exceed 50 hours TIS, inspect Administration (FAA), DOT. under the criteria of the Regulatory the lower bifilar arm assembly for a crack in ACTION: Final rule. Flexibility Act. the lug attachment area. Conduct the We prepared an economic evaluation inspection of the lower bifilar arm assembly SUMMARY: The FAA adopts a new of the estimated costs to comply with by following the Accomplishment airworthiness directive (AD) for certain this AD. See the DMS to examine the Instructions, paragraph 3.A.(1) through Pilatus Aircraft Ltd. (Pilatus) Models economic evaluation. 3.A.(6), of Sikorsky Alert Service Bulletin No. PC–12 and PC–12/45 airplanes. This AD 76–65–62, dated December 14, 2004 (ASB). requires you to determine (maintenance Authority for This Rulemaking (1) If you find a crack on any bifilar arm records check and/or inspection) assembly lug, before further flight, replace Title 49 of the United States Code the bifilar arm assembly with an airworthy whether certain nose landing gear specifies the FAA’s authority to issue bifilar arm assembly. (NLG), main landing gear (MLG), and rules on aviation safety. Subtitle I, (2) If no crack is found at the initial MLG shock absorber assemblies with a Section 106, describes the authority of inspection, perform a one-time torque test. serial number beginning with ‘‘AM’’ are
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installed, and, if installed, would Discussion Comments require you to replace them with ones What events have caused this AD? Was the public invited to comment? without the ‘‘AM.’’ This AD is the result We provided the public the opportunity of mandatory continuing airworthiness The Federal Office for Civil Aviation (FOCA), which is the airworthiness to participate in developing this AD. We information (MCAI) issued by the received no comments on the proposal airworthiness authority for Switzerland. authority for Switzerland, recently notified FAA that an unsafe condition or on the determination of the cost to We are issuing this AD to detect and the public. correct the NLG, MLG, and MLG shock may exist on Pilatus Models PC–12 and absorber assemblies that are affected by PC–12/45 airplanes. The FOCA reports Conclusion that some components of the main hydrogen embrittlement, which could What is FAA’s final determination on result in failure of the landing gear. This landing gear (MLG), nose landing gear (NLG), and MLG shock absorber this issue? We have carefully reviewed failure could lead to nose or main the available data and determined that landing gear collapse during operation assemblies have the potential to fail during operation. air safety and the public interest require with consequent loss of airplane adopting the AD as proposed except for control. Investigations revealed that an minor editorial corrections. We have improper cadmium plating process DATES: This AD becomes effective on determined that these minor applied to the high strength steel part corrections: December 12, 2005. causes the problem. This can result in As of December 12, 2005, the Director hydrogen embrittlement. Affected are —Are consistent with the intent that of the Federal Register approved the only components that are installed on was proposed in the NPRM for incorporation by reference of certain MLG, NLG, and MLG shock absorber correcting the unsafe condition; and publications listed in the regulation. assemblies, with serial numbers that —Do not add any additional burden start with the letters ‘‘AM.’’ Components upon the public than was already ADDRESSES: To get the service proposed in the NPRM. information identified in this AD, in this condition can experience a contact Pilatus Aircraft Ltd., Customer decreased fatigue life. Changes to 14 CFR Part 39—Effect on Liaison Manager, CH–6371 Stans, What is the potential impact if FAA the AD Switzerland; telephone: +41 41 619 took no action? Failure of the nose or How does the revision to 14 CFR part 6208; facsimile: +41 41 619 7311; e- main landing gear could lead to nose or 39 affect this AD? On July 10, 2002, the mail: [email protected] main landing gear collapse during FAA published a new version of 14 CFR or from Pilatus Business Aircraft Ltd., operation with consequent loss of part 39 (67 FR 47997, July 22, 2002), Product Support Department, 11755 airplane control. which governs the FAA’s AD system. Airport Way, Broomfield, Colorado Has FAA taken any action to this This regulation now includes material 80021; telephone: (303) 465–9099; point? We issued a proposal to amend that relates to altered products, special facsimile: (303) 465–6040. part 39 of the Federal Aviation flight permits, and alternative methods To view the AD docket, go to the Regulations (14 CFR part 39) to include of compliance. This material previously Docket Management Facility; U.S. an AD that would apply to certain was included in each individual AD. Department of Transportation, 400 Pilatus Aircraft Ltd. (Pilatus) Models Since this material is included in 14 Seventh Street, SW., Nassif Building, PC–12 and PC–12/45 airplanes. This CFR part 39, we will not include it in Room PL–401, Washington, DC 20590– proposal was published in the Federal future AD actions. Register as a notice of proposed 001 or on the Internet at http:// Costs of Compliance dms.dot.gov. The docket number is rulemaking (NPRM) on August 22, 2005 FAA–2005–22018; Directorate Identifier (70 FR 48914). The NPRM proposed to How many airplanes does this AD 2005–CE–41–AD. require you to determine (maintenance impact? We estimate that this AD affects records check and/or inspection) 350 airplanes in the U.S. registry. FOR FURTHER INFORMATION CONTACT: whether certain nose landing gear What is the cost impact of this AD on Doug Rudolph, Aerospace Engineer, (NLG), main landing gear (MLG), and owners/operators of the affected FAA, Small Airplane Directorate, 901 MLG shock absorber assemblies with a airplanes? We estimate the following Locust, Room 301, Kansas City, serial number beginning with ‘‘AM’’ are costs to do the check of the logbook to Missouri 64106; telephone: (816) 329– installed, and, if installed, would identify NLG, MLG, and MLG shock 4059; facsimile: (816) 329–4090. require you to replace them with ones absorber assemblies with serial numbers SUPPLEMENTARY INFORMATION: without the ‘‘AM.’’ that start with the letters AM:
Total cost per Total cost on U.S. Labor cost Parts cost airplane operators
1 work hour × $65 per hour = $65 ...... Not applicable ...... $65 350 × $65 = $22,750.
We estimate the following costs to do and MLG shock absorber assemblies that way of determining the number of any necessary inspection and would be required based on the results airplanes that may need this replacement of all possible NLG, MLG, of this check of the logbook. We have no replacement:
Labor cost Parts cost Total cost per airplane
41 work hours × $65 per hour = $2,665 ...... $3,800 for the NLG kit, $850 for the MLG kit, $2,665 + $3,800 + $850 + $2,600 = $9,915. and $2,600 for the MLG shock absorber as- sembly kit.
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Pilatus will provide warranty credit Will this AD involve a significant rule Authority: 49 U.S.C. 106(g), 40113, 44701. for replacing the specified assemblies to or regulatory action? For the reasons § 39.13 [Amended] the extent stated in the service discussed above, I certify that this AD: information. 1. Is not a ‘‘significant regulatory I 2. FAA amends § 39.13 by adding a action’’ under Executive Order 12866; Authority for This Rulemaking new AD to read as follows: 2. Is not a ‘‘significant rule’’ under the What authority does FAA have for DOT Regulatory Policies and Procedures 2005–22–04 Pilatus Aircraft Ltd.: issuing this rulemaking action? Title 49 (44 FR 11034, February 26, 1979); and Amendment 39–14348; Docket No. of the United States Code specifies the 3. Will not have a significant FAA–2005–22018; Directorate Identifier FAA’s authority to issue rules on economic impact, positive or negative, 2005–CE–41–AD. aviation safety. Subtitle I, Section 106 on a substantial number of small entities When Does This AD Become Effective? describes the authority of the FAA under the criteria of the Regulatory Administrator. Subtitle VII, Aviation (a) This AD becomes effective on December Flexibility Act. 12, 2005. Programs, describes in more detail the We prepared a summary of the costs scope of the agency’s authority. to comply with this AD (and other What Other ADs Are Affected by This We are issuing this rulemaking under information as included in the Action? the authority described in Subtitle VII, Regulatory Evaluation) and placed it in (b) None. Part A, Subpart III, Section 44701, the AD Docket. You may get a copy of What Airplanes Are Affected by This AD? ‘‘General requirements.’’ Under that this summary by sending a request to us section, Congress charges the FAA with at the address listed under ADDRESSES. (c) This AD affects Models PC–12 and PC– promoting safe flight of civil aircraft in Include ‘‘Docket No. FAA–2005–22018; 12/45 airplanes, manufacturer serial numbers air commerce by prescribing regulations Directorate Identifier 2005–CE–41–AD’’ (MSN) 101 through MSN 625, that are certificated in any category. for practices, methods, and procedures in your request. the Administrator finds necessary for What Is the Unsafe Condition Presented in safety in air commerce. This regulation List of Subjects in 14 CFR Part 39 This AD? is within the scope of that authority Air transportation, Aircraft, Aviation because it addresses an unsafe condition (d) This AD is the result of mandatory safety, Incorporation by reference, continuing airworthiness information (MCAI) that is likely to exist or develop on Safety. issued by the airworthiness authority for products identified in this AD. Adoption of the Amendment Switzerland. The actions specified in this AD Regulatory Findings are intended to detect and correct the nose I Will this AD impact various entities? Accordingly, under the authority landing gear (NLG), main landing gear We have determined that this AD will delegated to me by the Administrator, (MLG), and MLG shock absorber assemblies that are affected by hydrogen embrittlement, not have federalism implications under the Federal Aviation Administration which could result in failure of the landing Executive Order 13132. This AD will amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: gear. This failure could lead to nose or main not have a substantial direct effect on landing gear collapse during operation with the States, on the relationship between PART 39—AIRWORTHINESS consequent loss of airplane control. the national government and the States, DIRECTIVES or on the distribution of power and What Must I Do To Address This Problem? responsibilities among the various I 1. The authority citation for part 39 (e) To address this problem, you must do levels of government. continues to read as follows: the following:
Actions Compliance Procedures
(1) Maintenance Records Check: Within the next 100 hours time-in- No special procedures necessary (i) For MSN 101 through MSN 471 and MSN 473 through MSN 482: service (TIS) or 12 calendar to check the maintenance Check the maintenance records to determine whether the following months after December 12, records. replacements have been made: 2005 (the effective date of this (A) Nose landing gear (NLG) assemblies, part number (P/N) AD), whichever occurs first, un- 532.20.12.038 and P/N 532.20.12.039 with serial numbers (S/N) AM less already done.. 001 through AM 045 and AM 048 through AM 054; (B) Main landing gear (MLG) assemblies, P/N 532.10.12.049 and P/N 532.10.12.050 with S/N AM 001 through AM 027, AM 029 through AM 045, AM 047 through AM 050, AM 052, and AM 053; and (C) MLG shock absorber assemblies, P/N 532.10.12.175, with S/N AM ...... 001 through AM 017, AM 019, AM 021 through AM 063, AM 065 through AM 070, AM 072 through AM 074, AM 080, AM 084, AM 086, AM 089, AM 090, AM 093 through AM 096, AM 099, AM 103 through AM 107. (ii) For MSN 472 and MSN 483 through MSN 625: Verify that the S/N ...... parts identified in paragraphs (e)(1)(i)(A), (e)(1)(i)(B), and (e)(1)(i)(C) of this AD have not been installed. (iii) The owner/operator holding at least a private pilot certificate as au- ...... thorized by section 43.7 of the Federal Aviation Regulations (14 CFR 43.7) may make this check. You must make an entry into the aircraft records that shows compliance with this portion of the AD in accordance with section 43.9 of the Federal Aviation Regulations (14 CFR 43.9).
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Actions Compliance Procedures
(2) If you find as a result of the check required by paragraph (e)(1)(i) Within the next 100 hours time-in- Follow Pilatus PC12 Service Bul- of this AD that there is no record of the specified assembly replace- service (TIS) or 12 calendar letin No. 32–016, dated March ment, or as a result of the check required by paragraph (e)(1)(ii) of months after December 12, 11, 2004. this AD that parts have been installed in service, then inspect: 2005 (the effective date of this (i) The NLG assemblies, P/N 532.20.12.038 and P/N 532.20.12.039, AD), whichever occurs first, un- for any S/N that starts with AM 001 through AM 045 and AM 048 less already done.. through AM 054. (ii) The MLG assemblies, P/N 532.10.12.049 and P/N 532.10.12.050, for any S/N that starts with AM 001 through AM 027, AM 029 through AM 045, AM 047 through AM 050, AM 052, and AM 053. (iii) The MLG shock absorber assemblies, P/N 532.10.12.175, for any S/N that starts with AM 001 through AM 017, AM 019, AM 021 through AM 063, AM 065 through AM 070, AM 072 through AM 074, AM 080, AM 084, AM 086, AM 089, AM 090, AM 093 through AM 096, AM 099, and AM 103 through AM 107. (iv) You may choose to do the inspection without doing the mainte- nance records check.
(3) If during the inspection required by paragraph (e)(2) of this AD, Before further flight after the in- Follow Pilatus PC12 Service Bul- you find: spection required by paragraph letin No. 32–016, dated March (i) Any NLG assembly, P/N 532.20.12.038 and P/N 532.20.12.039, (e)(2) of this AD. 11, 2004. with any S/N that starts with AM 001 through AM 045 or AM 048 through AM 054, replace the NLG specific components with new components. (ii) Any MLG assembly, P/N 532.10.12.049 and P/N 532.10.12.050, with any S/N that starts with AM 001 through AM 027, AM 029 through AM 045, AM 047 through AM 050, AM 052, or AM 053, re- place the MLG specific components with new components. (iii) Any MLG shock absorber assembly, P/N 532.10.12.175, with any S/N that starts with AM 001 through AM 017, AM 019, AM 021 through AM 063, AM 065 through AM 070, AM 072 through AM 074, AM 080, AM 084, AM 086, AM 089, AM 090, AM 093 through AM 096, AM 099, or AM 103 through AM 107, replace the MLG shock absorber specific components with new components.
(4) Do not install: As of December 12, 2005 (the ef- Not Applicable. (i) Any NLG assembly, P/N 532.20.12.038 and P/N 532.20.12.039, fective date of this AD) with any S/N that starts with AM 001 through AM 045 or AM 048 ef- fective through AM 054. (ii) Any MLG assembly, P/N 532.10.12.049 and P/N 532.10.12.050, with any S/N that starts with AM 001 through AM 027, AM 029 through AM 045, AM 047 through AM 050, AM 052, or AM 053. (iii) Any MLG shock absorber assembly, P/N 532.10.12.175, with any S/N that starts with AM 001 through AM 017, AM 019, AM 021 through AM 063, AM 065 through AM 070, AM 072 through AM 074, AM 080, AM 084, AM 086, AM 089, AM 090, AM 093 through AM 096, AM 099, or AM 103 through AM 107.
Note 1: AD 2002–14–22, issued on July 8, City, Missouri 64106; telephone: (816) 329– Pilatus Business Aircraft Ltd., Product 2002 (67 FR 46582), and AD 2004–06–05, 4059; facsimile: (816) 329–4090. Support Department, 11755 Airport Way, issued on March 15, 2004 (69 FR 13712), are Is There Other Information That Relates to Broomfield, Colorado 80021; telephone: (303) still applicable. This Subject? 465–9099; facsimile: (303) 465–6040. To review copies of this service information, go Note 2: The FAA recommends that you (g) Swiss AD Number HB–2005–168, dated to the National Archives and Records send any removed parts or assemblies to May 3, 2005, also addresses the subject of Administration (NARA). For information on Pilatus. this AD. the availability of this material at NARA, go May I Request an Alternative Method of Does This AD Incorporate Any Material by to: http://www.archives.gov/federal_register/ Compliance? Reference? code_of_federal_regulations/ (f) You may request a different method of (h) You must do the actions required by ibr_locations.html or call (202) 741–6030. To compliance or a different compliance time this AD following the instructions in Pilatus view the AD docket, go to the Docket for this AD by following the procedures in 14 PC12 Service Bulletin No. 32–016, dated Management Facility; U.S. Department of CFR 39.19. Unless FAA authorizes otherwise, March 11, 2004. The Director of the Federal Transportation, 400 Seventh Street, SW., send your request to your principal Register approved the incorporation by Nassif Building, Room PL–401, Washington, inspector. The principal inspector may add reference of this service bulletin in DC 20590–001 or on the Internet at http:// comments and will send your request to the accordance with 5 U.S.C. 552(a) and 1 CFR dms.dot.gov. The docket number is FAA– Manager, Standards Office, Small Airplane part 51. To get a copy of this service 2005–22018; Directorate Identifier 2005–CE– Directorate, FAA. For information on any information, contact Pilatus Aircraft Ltd., 41–AD. already approved alternative methods of Customer Liaison Manager, CH–6371 Stans, compliance, contact Doug Rudolph, Switzerland; telephone: +41 41 619 6208; Aerospace Engineer, FAA, Small Airplane facsimile: +41 41 619 7311; e-mail: Directorate, 901 Locust, Room 301, Kansas [email protected] or from
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Issued in Kansas City, Missouri, on a.m. and 5 p.m., Monday through every 3,000 flight cycles in accordance October 19, 2005. Friday, except Federal holidays. The with the method referenced in Figure 3 David R. Showers, Docket Management Facility office or Figure 4 of the Accomplishment Acting Manager, Small Airplane Directorate, (telephone (800) 647–5227) is located on Instructions of Boeing Alert Service Aircraft Certification Service. the plaza level of the Nassif Building at Bulletin (ASB) 747–53A2508, dated [FR Doc. 05–21255 Filed 10–25–05; 8:45 am] the U.S. Department of Transportation, August 19, 2004. BILLING CODE 4910–13–P 400 Seventh Street SW., room PL–401, Request To Revise Frame Inner Chord Washington, DC. This docket number is Inspection Requirement FAA–2005–20692; the directorate DEPARTMENT OF TRANSPORTATION identifier for this docket is 2004–NM– One commenter requests that we 229–AD. delete paragraph (j) of the proposed AD Federal Aviation Administration or revise it to state that when the frame FOR FURTHER INFORMATION CONTACT: Ivan inner chord is being replaced Li, Aerospace Engineer, Airframe 14 CFR Part 39 concurrently with the required frame Branch, ANM–120S, FAA, Seattle web repairs, the open-hole HFEC [Docket No. FAA–2005–20692; Directorate Aircraft Certification Office, 1601 Lind inspection of the frame inner chord is Identifier 2004–NM–229–AD; Amendment Avenue, SW., Renton, Washington not required. The commenter states that 39–14350; AD 2005–22–06] 98055–4056; telephone (425) 917–6437; the intent of paragraph (j) should be that RIN 2120–AA64 fax (425) 917–6590. when the frame inner chord is being SUPPLEMENTARY INFORMATION: The FAA replaced, there is no need to inspect the Airworthiness Directives; Boeing proposed to amend 14 CFR part 39 with existing fastener holes in the chord Model 747–100, 747–100B, 747–100B an AD for certain Boeing Model 747– because the chord is a new part. The SUD, 747–200B, 747–200C, 747–200F, 100, 747–100B, 747–100B SUD, 747– commenter refers to the applicable 747–300, 747SR, and 747SP Series 200B, 747–200C, 747–200F, 747–300, Boeing Structural Repair Manual (SRM) Airplanes 747SR, and 747SP series airplanes. That and Boeing ASB 747–53A2508 to action, published in the Federal AGENCY: Federal Aviation support this contention. Register on March 23, 2005 (70 FR Administration (FAA), Department of We agree with this request. Open-hole 14589), proposed to require doing a one- Transportation (DOT). HFEC inspection of the frame inner time high-frequency eddy current chord is a conditional inspection ACTION: Final rule. inspection and repetitive detailed included in the repair procedures SUMMARY: The FAA is adopting a new inspections for cracks in the frame web specified in paragraph (h) of this AD. airworthiness directive (AD) for certain of main entry door number 1; and However, AD 91–11–01, amendment Boeing Model 747–100, 747–100B, 747– repairing the door frame web if 39–6997 (dated May 15, 1991), 100B SUD, 747–200B, 747–200C, 747– necessary. That action also proposed to referenced in paragraph (j) of the 200F, 747–300, 747SR, and 747SP series provide for optional terminating action proposed AD, only requires inspecting airplanes. This AD requires doing a one- for the repetitive inspections. the frame inner chord, while AD 90–06– time high-frequency eddy current Comments 06, amendment 39–6490 (dated March inspection and repetitive detailed 7, 1990), actually requires replacing the We provided the public the inspections for cracks in the frame web frame inner chord. Therefore, we have opportunity to participate in the of main entry door number 1; and concluded that paragraph (j) of the development of this AD. We have repairing the door frame web if proposed AD should have referred to considered the comments that have necessary. This AD also provides for AD 90–06–06, rather than AD 91–11–01, been submitted on the proposed AD. optional terminating action for the regarding concurrent replacement of the repetitive inspections. This AD is Request To Include Optional Inspection frame inner chord. We have revised prompted by reports of cracking at the paragraph (j) of the final rule to reflect One commenter requests that we the commenter’s request and to upper aft corner of the cutout for main include an option for Group 3 airplanes entry door number 1 in the station 488 correctly refer to AD 90–06–06. Further, in paragraph (f) of the proposed AD to to ensure that there is no confusion frame web. We are issuing this AD to perform an open-hole high-frequency detect and correct cracks in the frame about the HFEC inspection, we also eddy current (HFEC) inspection every revised paragraph (h) of the final rule to web. These cracks could cause the frame 3,000 flight cycles instead of a detailed to break and lead to rapid include a reference to an ‘‘open-hole’’ inspection every 1,500 flight cycles. The HFEC inspection. decompression of the airplane. commenter states that the manufacturer DATES: This AD becomes effective has found this optional inspection to be Request To Clarify Use of Structural November 30, 2005. structurally acceptable. Repair Manual The incorporation by reference of a We agree with the commenter that The same commenter requests that certain publication listed in the AD is performing an HFEC inspection every paragraph (h) of the proposed AD be approved by the Director of the Federal 3,000 flight cycles would provide an clarified. The commenter asserts that Register as of November 30, 2005. equivalent level of safety as intended by paragraph (h) should be revised to state ADDRESSES: For service information this AD. However, the repetitive that the Boeing SRM meets the intent of identified in this AD, contact Boeing detailed inspection requirement is the proposed AD. Further, the Commercial Airplanes, P.O. Box 3707, actually specified in paragraph (g) of the commenter requests that we clarify the Seattle, Washington 98124–2207. proposed AD, not paragraph (f). statement ‘‘For a repair method to be Docket: The AD docket contains the Therefore, we have revised paragraph approved, the approval must proposed AD, comments, and any final (g) of the final rule, for Group 3 specifically reference this AD.’’ The disposition. You can examine the AD airplanes only, to include an option to commenter feels that paragraph (h) as docket on the Internet at http:// perform a surface HFEC inspection of written might lead to confusion. dms.dot.gov, or in person at the Docket the frame web between the upper door We agree with the commenter that the Management Facility office between 9 sill and door stop number 8 for cracks Boeing SRM procedures specified in the
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service bulletin are appropriate sources (70 FR 18290, April 11, 2005), are Explanation of Change Made to This of service information for the required considered acceptable for AD repairs. We also agree with the accomplishing the repetitive detailed commenter that the statement ‘‘For a inspections required for Group 1 and We have simplified paragraph (h) of repair method to be approved, the Group 2 airplanes by paragraph (g)(1) of this AD by referring to the ‘‘Alternative approval must specifically reference this this AD or for Group 3 airplanes by Methods of Compliance (AMOCs)’’ AD’’ applies only when the service paragraph (g)(2)(i) of this AD. Therefore, paragraph of this AD for repair methods. bulletin advises the operators to contact to give credit for accomplishing the Conclusion Boeing for repair procedures, because corresponding actions described in AD that statement relates only to damage 2005–20–30 and AD 2005–08–01, we We have carefully reviewed the that is not addressed by the SRM repair have retitled and reidentified paragraph available data, including the comments procedures. To make it clear that any (j) as paragraph (j)(1), and inserted new that have been submitted, and repair that is done in accordance with paragraph (j)(2) in the final rule. determined that air safety and the the SRM requires no further FAA public interest require adopting the AD Explanation of Editorial Corrections to approval, we have added Note 1 after with the changes described previously. Proposed AD paragraph (h) of the final rule, which We have determined that these changes states that the service bulletin We have made certain minor changes will neither increase the economic ‘‘references the Boeing structural repair to punctuation, spelling and other burden on any operator nor increase the manual as an additional source of mechanical elements of the proposed scope of the AD. service information to comply with the AD. These changes do not affect the Costs of Compliance intent of paragraph (h) this AD.’’ technical content of the final rule. There are about 274 airplanes of the Related Rulemaking Clarification of Alternative Method of affected design in the worldwide fleet. We have determined that certain Compliance (AMOC) Paragraph This AD will affect about 140 airplanes detailed inspections required by We have revised this action to clarify of U.S. registry. The following table, paragraph (f) of AD 2005–20–30, the appropriate procedure for notifying using an estimated labor rate of $65 per amendment 39–14327 (70 FR 59252, the principal inspector before using any work hour, provides the estimated costs October 12, 2005), or paragraph (f) of approved AMOC on any airplane to for U.S. operators to comply with this AD 2005–08–01, amendment 39–14053 which the AMOC applies. AD.
Number of Airplanes airplanes Work hours Cost per airplane Fleet cost
Group 1 (left and right side HFEC inspection) .. 119 2 $130 ...... $15,470. Group 1 (left and right side detailed inspection) 119 2 130, per inspection cycle ...... 15,470, per inspection cycle. Group 2 (left side HFEC inspection) ...... 16 1 65 ...... 1,040. Group 2 (left side detailed inspection) ...... 16 1 65, per inspection cycle ...... 1,040, per inspection cycle. Group 3 (left and right side HFEC inspection) .. 5 2 130 ...... 650. Group 3 (left and right side detailed inspection) 5 2 130, per inspection cycle ...... 650, per inspection cycle.
Authority for This Rulemaking Executive Order 13132. This AD will List of Subjects in 14 CFR Part 39 Title 49 of the United States Code not have a substantial direct effect on the States, on the relationship between Air transportation, Aircraft, Aviation specifies the FAA’s authority to issue safety, Incorporation by reference, rules on aviation safety. Subtitle I, the national government and the States, Safety. Section 106, describes the authority of or on the distribution of power and the FAA Administrator. Subtitle VII, responsibilities among the various Adoption of the Amendment Aviation Programs, describes in more levels of government. detail the scope of the Agency’s For the reasons discussed above, I I Accordingly, under the authority authority. certify that this AD: delegated to me by the Administrator, We are issuing this rulemaking under the FAA amends 14 CFR part 39 as (1) Is not a ‘‘significant regulatory the authority described in Subtitle VII, follows: Part A, Subpart III, Section 44701, action’’ under Executive Order 12866; ‘‘General requirements.’’ Under that (2) Is not a ‘‘significant rule’’ under PART 39—AIRWORTHINESS section, Congress charges the FAA with DOT Regulatory Policies and Procedures DIRECTIVES promoting safe flight of civil aircraft in (44 FR 11034, February 26, 1979); and I air commerce by prescribing regulations (3) Will not have a significant 1. The authority citation for part 39 for practices, methods, and procedures economic impact, positive or negative, continues to read as follows: the Administrator finds necessary for on a substantial number of small entities Authority: 49 U.S.C. 106(g), 40113, 44701. safety in air commerce. This regulation under the criteria of the Regulatory is within the scope of that authority § 39.13 [Amended] Flexibility Act. because it addresses an unsafe condition that is likely to exist or develop on We prepared a regulatory evaluation I 2. The FAA amends § 39.13 by adding products identified in this rulemaking of the estimated costs to comply with the following new airworthiness action. this AD. See the ADDRESSES section for directive (AD): a location to examine the regulatory Regulatory Findings 2005–22–06 Boeing: Amendment 39–14350. evaluation. Docket No. FAA–2005–20692; We have determined that this AD will Directorate Identifier 2004–NM–229–AD. not have federalism implications under
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Effective Date perform repairs—including an open-hole 2004, to perform the actions that are required (a) This AD becomes effective November HFEC inspection of the frame inner chord— by this AD, unless the AD specifies 30, 2005. in accordance with the Accomplishment otherwise. The Director of the Federal Instructions of Boeing ASB 747–53A2508, Register approves the incorporation by Affected ADs dated August 19, 2004. Where the service reference of this document in accordance (b) None. bulletin specifies to contact Boeing for with 5 U.S.C. 552(a) and 1 CFR part 51. To appropriate action: Before further flight, get copies of the service information, contact Applicability repair the door frame web and any frame Boeing Commercial Airplanes, P.O. Box (c) This AD applies to Boeing Model 747– chord damage using a method approved in 3707, Seattle, Washington 98124–2207. To 100, 747–100B, 747–100B SUD, 747–200B, accordance with paragraph (k) of this AD. view the AD docket, go to the Docket 747–200C, 747–200F, 747–300, 747SR, and Note 1: Boeing ASB 747–53A2508, dated Management Facility, U.S. Department of 747SP series airplanes, certificated in any August 19, 2004, references the Boeing Transportation, 400 Seventh Street SW., category; as identified in Boeing Alert Structural Repair Manual as an additional room PL–401, Nassif Building, Washington, Service Bulletin 747–53A2508, dated August source of service information to comply with DC. To review copies of the service 19, 2004. the intent of paragraph (h) this AD. information, go to the National Archives and Records Administration (NARA). For Unsafe Condition Termination of Repeat Inspections information on the availability of this (d) This AD was prompted by reports of (i) For the repaired frame web only, material at the NARA, call (202) 741–6030, cracking at the upper aft corner of the cutout accomplishing the door frame web repair or go to http://www.archives.gov/ for main entry door number 1 in the station required by paragraph (h) of this AD ends the federal_register/code_of_federal_regulations/ 488 frame web. We are issuing this AD to repetitive inspections required by paragraph ibr_locations.html. detect and correct cracks in the frame web. (g) of this AD. These cracks could cause the frame to break Issued in Renton, Washington, on October and lead to rapid decompression of the Credit for Actions Accomplished Using 18, 2005. airplane. Alternative ADs Kevin M. Mullin, Compliance (j)(1) If the frame inner chord replacement Acting Manager, Transport Airplane required by AD 90–06–06, amendment 39– Directorate, Aircraft Certification Service. (e) You are responsible for having the 6490, (which identifies Boeing Service [FR Doc. 05–21293 Filed 10–25–05; 8:45 am] actions required by this AD performed within Bulletin 747–53–2272, as listed in Boeing BILLING CODE 4910–13–P the compliance times specified, unless the Document No. D6–35999, dated March 31, actions have already been done. 1989, as a source of service information) is Initial Inspections accomplished concurrently with the repair of DEPARTMENT OF TRANSPORTATION the station 488 door frame web specified by (f) Before the accumulation of 16,000 total paragraph (h) of this AD, the open-hole HFEC flight cycles, or within 1,000 flight cycles Federal Aviation Administration after the effective date of this AD, whichever inspection required by paragraph (h) of this AD is not required for the new frame inner occurs later, do a high frequency eddy 14 CFR Part 39 current (HFEC) inspection and a detailed chord. inspection of the station 488 frame web, by (2) Accomplishing the repetitive detailed [Docket No. FAA–2004–18564; Directorate doing all of the actions specified in the inspections of the station 488 frame required Identifier 2004–NM–16–AD; Amendment 39– Accomplishment Instructions of Boeing Alert by paragraph (f) of AD 2005–20–30, 14352; AD 2005–22–08] Service Bulletin (ASB) 747–53A2508, dated amendment 39–14327, or paragraph (f) of AD August 19, 2004; except as provided by 2005–08–01, amendment 39–14053, satisfies RIN 2120–AA64 paragraph (h) or (j) of this AD. the requirements for the corresponding repetitive detailed inspections described by Airworthiness Directives; Empresa Repetitive Inspections paragraphs (g)(1) and (g)(2)(i) of this AD, Brasileira de Aeronautica S.A. (g) If no crack is found during the provided those inspections are performed at (EMBRAER) Model EMB–135BJ, inspections required by paragraph (f) of this intervals corresponding with the applicable –135ER, –135KE, –135KL, –135LR, AD, do the applicable actions specified in intervals required by this AD. –145, –145ER, –145MR, –145LR, paragraph (g)(1) or (g)(2) of this AD. Alternative Methods of Compliance –145XR, –145MP, and –145EP (1) For airplanes identified in the service (AMOCs) bulletin as Groups 1 and 2: Repeat the Airplanes detailed inspection required by paragraph (f) (k)(1) The Manager, Seattle ACO, FAA, has the authority to approve AMOCs for this AD, AGENCY: Federal Aviation of this AD at intervals not to exceed 3,000 Administration (FAA), Department of flight cycles. if requested in accordance with the (2) For airplanes identified in the service procedures found in 14 CFR 39.19. Transportation (DOT). bulletin as Group 3, do the actions specified (2) An AMOC that provides an acceptable ACTION: Final rule. in either paragraph (g)(2)(i) or (g)(2)(ii) of this level of safety may be used for any repair AD. required by this AD, if it is approved by an SUMMARY: The FAA is adopting a new (i) Repeat the detailed inspection required Authorized Representative for the Boeing airworthiness directive (AD) for certain by paragraph (f) of this AD thereafter at Commercial Airplanes DOA Organization EMBRAER airplane models as identified intervals not to exceed 1,500 flight cycles. who has been authorized by the Manager, above. This AD requires modifying the Seattle ACO, to make those findings. For a (ii) Within 1,500 flight cycles after the total air temperature (TAT) sensor inspections required by paragraph (f) of this repair method to be approved, the repair AD, perform a HFEC inspection for cracks of must meet the certification basis of the heating system. This AD also allows the frame web between the upper door sill airplane, and the approval must specifically replacing the fully automated digital and door stop number 8 in accordance with refer to this AD. electronic control (FADEC) assemblies the method referenced in Figure 3 or Figure (3) Before using any AMOC approved in with new or modified assemblies as an 4 of the Accomplishment Instructions of the accordance with 14 CFR 39.19 on any additional means of compliance. This service bulletin. Repeat the HFEC inspection airplane to which the AMOC applies, notify AD results from a report indicating that thereafter at intervals not to exceed 3,000 the appropriate principal inspector in the the FADEC unit failed to compensate for flight cycles. FAA Flight Standards Certificate Holding ice accretion on the engine fan blades District Office. Repairs due to a false temperature signal from (h) If any crack in the main entry door Material Incorporated by Reference the TAT sensor to the FADEC. We are frame web is found during any inspection (1) You must use Boeing Alert Service issuing this AD to prevent failure of the required by this AD: Before further flight, Bulletin 747–53A2508, dated August 19, TAT sensor, which could result in
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insufficient thrust to take off or (if Discussion modifications done before the effective coupled with the loss of an engine The FAA issued a supplemental date of this AD in accordance with during takeoff) to abort the takeoff in a notice of proposed rulemaking (NPRM) Revision 09. safe manner, and consequent reduced to amend 14 CFR part 39 to include an Comments controllability of the airplane. AD that would apply to certain DATES: This AD becomes effective EMBRAER Model EMB–135BJ, –135ER, We provided the public the November 30, 2005. –135KE, –135KL, –135LR, –145, opportunity to participate in the The Director of the Federal Register –145ER, –145MR, –145LR, –145XR, development of this AD. We have approved the incorporation by reference –145MP, and –145EP airplanes. That considered the comments received. of a certain publication listed in the AD supplemental NPRM was published in Support for the Supplemental NPRM as of November 30, 2005. the Federal Register on August 17, 2005 ADDRESSES: You may examine the AD (70 FR 48339). That supplemental One commenter supports the intent of docket on the Internet at http:// NPRM proposed to require modifying the supplemental NPRM. the total air temperature (TAT) sensor dms.dot.gov or in person at the Docket Request To Add Additional Means of heating system. That supplemental Management Facility, U.S. Department Compliance of Transportation, 400 Seventh Street, NPRM also allows for replacing the fully SW., Nassif Building, room PL–401, automated digital electronic control The airplane manufacturer comments Washington, DC. (FADEC) unit assemblies with new or that it has recently approved FADEC Contact Empresa Brasileira de modified assemblies as an additional software version 8.0. (Paragraph (h) of Aeronautica S.A. (EMBRAER), P.O. Box means of compliance. the supplemental NPRM specifies that 343—CEP 12.225, Sao Jose dos New Relevant Service Information replacing the existing FADEC assemblies with new or modified Campos—SP, Brazil, for service EMBRAER has issued Service Bulletin information identified in this AD. FADEC assemblies that include software 145–30–0028, Revision 10, dated March version 7.6 is acceptable for compliance FOR FURTHER INFORMATION CONTACT: 22, 2005. Paragraph (f) of the with paragraph (f) of the supplemental Todd Thompson, Aerospace Engineer, supplemental NPRM refers to NPRM.) The commenter notes that, International Branch, ANM–116, FAA, EMBRAER Service Bulletin 145–30– because the same features relating to Transport Airplane Directorate, 1601 0028, Revision 09, dated March 1, 2004, temperature reading in FADEC software Lind Avenue, SW., Renton, Washington as the appropriate source of service version 7.6 are included in software 98055–4056; telephone (425) 227–1175; information for modifying the TAT version 8.0, FADEC software version 8.0 fax (425) 227–1149. sensor heating system. The applicability should also be referenced as an SUPPLEMENTARY INFORMATION: statement of the supplemental NPRM acceptable means of compliance with also refers to EMBRAER Service Examining the Docket the proposed requirements. The Bulletin 145–30–0028, Revision 09, as commenter also lists the service You may examine the AD docket on the source in which affected airplanes bulletins for installing FADEC software the Internet at http://dms.dot.gov or in are identified. Revision 10 of the service version 8.0. person at the Docket Management bulletin includes minor editorial We agree with the commenter’s Facility office between 9 a.m. and 5 revisions, but no substantive changes. request. EMBRAER has issued the p.m., Monday through Friday, except Therefore, we have revised the service bulletins specified in the table Federal holidays. The Docket applicability statement and paragraph below. Management Facility office (telephone (f) of this AD to refer to EMBRAER (800) 647–5227) is located on the plaza Service Bulletin 145–30–0028, Revision Service Information for Installing level of the Nassif Building at the street 10. We have also revised paragraph (g) FADEC Assemblies Having Software address stated in the ADDRESSES section. of this AD to give credit for Version 8.0
Which refers to For EMBRAER Model— EMBRAER Service Revision Date Rolls-Royce Service Bulletin Bulletin—
EMB–135ER, –135KE, –135KL, –135LR, –145, –145ER, 145–73–0027 ...... Original ..... March 15, 2005 ...... AE3007A–73–079. –145MR, –145LR, –145XR, –145MP, –145EP. EMB–135ER, –135KE, –135KL, –135LR, –145, –145ER, 145–73–0028 ...... Original ..... March 15, 2005 ...... AE3007A–73–078. –145MR, –145LR, –145XR, –145MP, –145EP. EMB–135ER, –135KE, –135KL, –135LR, –145, –145ER, 145–73–0029 ...... Original ..... May 4, 2005 ...... AE3007A–73–075. –145MR, –145LR, –145XR, –145MP, –145EP. EMB–135ER, –135KE, –135KL, –135LR, –145, –145ER, 145–73–0029 ...... 01 ...... June 27, 2005 ...... AE3007A–73–075. –145MR, –145LR, –145XR, –145MP, –145EP. EMB–135ER, –135KE, –135KL, –135LR, –145, –145ER, 145–73–0030 ...... Original ..... May 5, 2005 ...... AE3007A–73–076. –145MR, –145LR, –145XR, –145MP, –145EP. EMB–135ER, –135KE, –135KL, –135LR, –145, –145ER, 145–73–0031 ...... Original ..... May 5, 2005 ...... AE3007A–73–077. –145MR, –145LR, –145XR, –145MP, –145EP. EMB–135BJ ...... 145LEG–73–0005 .. Original ..... June 7, 2005 ...... AE3007A–73–079. EMB–135BJ ...... 145LEG–73–0006 .. Original ..... March 8, 2005 ...... AE3007A–73–078.
These service bulletins describe of the ITT trim plug and replacing it above as additional sources of service procedures for replacing existing with an ITT trim plug of another part information for replacing the FADEC FADEC assemblies with FADEC number if necessary. These service assemblies. The EMBRAER service assemblies that have software version bulletins also refer to the Rolls-Royce bulletins listed in the table also specify 8.0, including verifying the part number service bulletins listed in the table that installing the new or modified
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FADEC assemblies that have FADEC We do not agree that any change to paragraph 1.C., ‘‘Description—Time for software version 8.0 also necessitates this AD is necessary to meet the intent Accomplishment,’’ of EMBRAER upgrading the engine indication and of the commenter’s request. Table 2 of Service Bulletin 145–73–0022 or 145– crew alerting system (EICAS), central this AD gives credit for replacing 73–0024, both Revision 01, as required maintenance computer (CMC), and IC– FADEC assemblies with new or by paragraph (h) of this AD. No change 600 configuration modules, as modified FADEC assemblies that to the AD is needed in this regard. applicable. include software version 7.6 in Clarification of AMOC Paragraph We have revised paragraph (h) and accordance with, among other service Table 2 of this AD to include references bulletins, EMBRAER Service Bulletin We have revised this action to clarify to these service bulletins and the 145–73–0022 or 145–73–0024, both the appropriate procedure for notifying applicable actions in them. Revision 01, both dated July 15, 2004. the principal inspector before using any Request To Add Reference to Rolls- We explain in the preamble of the approved AMOC on any airplane to Royce Service Bulletins supplemental NPRM that these which the AMOC applies. One commenter requests that we EMBRAER Service Bulletins refer to Conclusion revise Table 2 of the supplemental Rolls-Royce Service Bulletin AE3007A– NPRM to give credit for replacing the 73–067 and AE3007A–73–069, We have carefully reviewed the FADEC assemblies with new or respectively, as additional sources of available data, including the comments modified FADEC assemblies that service information for replacing the received, and determined that air safety include software version 7.6 in FADEC assemblies. We find that doing and the public interest require adopting accordance with Rolls-Royce Service the actions specified in Rolls-Royce the AD with the changes described Bulletin AE3007A–73–067 or Service Bulletin AE3007A–73–067 or previously. We have determined that AE3007A–73–069, as applicable. The AE3007A–73–069 is acceptable for these changes will neither increase the commenter states that adding these compliance with the corresponding economic burden on any operator nor service bulletins to Table 2 would save actions required by paragraph (h) of this increase the scope of the AD. it a lot of time that would otherwise be AD, provided that all applicable EICAS, Costs of Compliance needed to request an Alternative CMC, and IC–600 upgrades; as well as Method of Compliance (AMOC) and any other applicable actions associated The following table provides the would save the FAA time that would be with upgrading the EICAS, CMC, or IC– estimated costs for U.S. operators to needed to address those AMOCs. 600; are also done, as specified in comply with this AD.
ESTIMATED COSTS
Number Average Cost per of U.S.- Action Work hours labor rate Parts airplane registered Fleet cost per hour airplanes
Modify the TAT sensor heating system ...... 8 $65 $443 $963 434 Up to $417,942.
For airplanes modified in accordance the Administrator finds necessary for under the criteria of the Regulatory with Revisions 04 through 08 of safety in air commerce. This regulation Flexibility Act. EMBRAER Service Bulletin 145–30– is within the scope of that authority We prepared a regulatory evaluation 0028, it will take about 1 work hour per because it addresses an unsafe condition of the estimated costs to comply with airplane to do the additional that is likely to exist or develop on this AD and placed it in the AD docket. modification specified in Part III of the products identified in this rulemaking See the ADDRESSES section for a location Accomplishment Instructions of the action. to examine the regulatory evaluation. service bulletin, at an average labor rate of $65 per work hour. Based on these Regulatory Findings List of Subjects in 14 CFR Part 39 figures, the estimated cost of doing this We have determined that this AD will Air transportation, Aircraft, Aviation required action is $65 per airplane. not have federalism implications under safety, Incorporation by reference, Safety. Authority for This Rulemaking Executive Order 13132. This AD will not have a substantial direct effect on Adoption of the Amendment Title 49 of the United States Code the States, on the relationship between specifies the FAA’s authority to issue the national government and the States, I Accordingly, under the authority rules on aviation safety. Subtitle I, or on the distribution of power and delegated to me by the Administrator, Section 106, describes the authority of responsibilities among the various the FAA amends 14 CFR part 39 as the FAA Administrator. Subtitle VII, levels of government. follows: Aviation Programs, describes in more For the reasons discussed above, I detail the scope of the Agency’s certify that this AD: PART 39—AIRWORTHINESS authority. DIRECTIVES We are issuing this rulemaking under (1) Is not a ‘‘significant regulatory the authority described in Subtitle VII, action’’ under Executive Order 12866; I 1. The authority citation for part 39 Part A, Subpart III, Section 44701, (2) Is not a ‘‘significant rule’’ under continues to read as follows: ‘‘General requirements.’’ Under that DOT Regulatory Policies and Procedures Authority: 49 U.S.C. 106(g), 40113, 44701. section, Congress charges the FAA with (44 FR 11034, February 26, 1979); and promoting safe flight of civil aircraft in (3) Will not have a significant § 39.13 [Amended] air commerce by prescribing regulations economic impact, positive or negative, I 2. The Federal Aviation for practices, methods, and procedures on a substantial number of small entities Administration (FAA) amends § 39.13
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by adding the following new Unsafe Condition Service Bulletin 145–30–0028, Revision 10, airworthiness directive (AD): (d) This AD was prompted by a report dated March 22, 2005. indicating that the fully automated digital 2005–22–08 Empresa Brasileira de Modifications Done According to Previous electronic control (FADEC) unit failed to Revisions of the Service Bulletin Aeronautica S.A. (EMBRAER): compensate for ice accretion on the engine Amendment 39–14352. Docket No. fan blades due to a false temperature signal (g) Actions done before the effective date FAA–2004–18564; Directorate Identifier from the total air temperature (TAT) sensor of this AD are acceptable for compliance with 2004–NM–16–AD. to the FADEC. We are issuing this AD to the corresponding requirements of this AD as prevent failure of the TAT sensor, which specified in paragraphs (g)(1) and (g)(2) of Effective Date could result in insufficient thrust to take off this AD. (a) This AD becomes effective November or (if coupled with the loss of an engine (1) Modifications in accordance with 30, 2005. during takeoff) to abort the takeoff in a safe EMBRAER Service Bulletin 145–30–0028, manner, and consequent reduced Revision 09, dated March 1, 2004, are Affected ADs controllability of the airplane. acceptable for compliance with paragraph (f) of this AD. (b) None. Compliance (2) Modifications in accordance with the Applicability (e) You are responsible for having the revisions of the service bulletin in Table 1 of this AD are acceptable for compliance with (c) This AD applies to EMBRAER Model actions required by this AD performed within the compliance times specified, unless the the corresponding action in this AD, EMB–135BJ, –135ER, –135KE, –135KL, actions have already been done. provided that the additional actions specified –135LR, –145, –145ER, –145MR, –145LR, in PART III of the Accomplishment –145XR, –145MP, and –145EP airplanes; as Modification Instructions of EMBRAER Service Bulletin identified in EMBRAER Service Bulletin (f) Within 180 days after the effective date 145–30–0028, Revision 09, dated March 1, 145–30–0028, Revision 10, dated March 22, of this AD: Modify the TAT sensor heating 2004, or Revision 10, dated March 22, 2005, 2005; certificated in any category. system in accordance with the are accomplished within the compliance Accomplishment Instructions of EMBRAER time required by paragraph (f) of this AD.
TABLE 1.—PREVIOUS REVISIONS OF THE SERVICE BULLETIN
EMBRAER Service Bulletin Revision Date
145–30–0028 ...... 04 March 13, 2001. 145–30–0028 ...... 05 May 24, 2001. 145–30–0028 ...... 06 September 26, 2001. 145–30–0028 ...... 07 April 10, 2003. 145–30–0028 ...... 08 August 20, 2003.
Credit for Replacement of FADEC applicable service bulletin listed in Table 2 maintenance computer (CMC), and IC–600 Assemblies of this AD, is acceptable for compliance with upgrades; as well as any other applicable (h) Replacing the existing FADEC paragraph (f) of this AD. If the FADEC actions associated with upgrading the EICAS, assemblies with new or modified FADEC assemblies are replaced with new or CMC, or IC–600; must also be done, as assemblies that include software version 7.6 modified assemblies as specified in this specified in the section of the service bulletin or 8.0, in accordance with the paragraph, all applicable engine indication identified in the ‘‘Paragraph Where Upgrades Accomplishment Instructions of the and crew alerting system (EICAS), central are Identified’’ column of Table 2 of this AD.
TABLE 2.—SERVICE BULLETINS FOR UPGRADING FADEC ASSEMBLIES
EMBRAER Service Paragraph where upgrades For EMBRAER Model— Bulletin Revision Date are identified
EMB–135ER, –135KE, –135KL, –135LR, –145, 145–73–0021 ...... Original ..... July 23, 2004 ...... 1.C., ‘‘Description—Time –145ER, –145MR, –145LR, –145XR, –145MP, for Accomplishment’’. –145EP. EMB–135ER, –135KE, –135KL, –135LR, –145, 145–73–0022 ...... 01 ...... July 15, 2004 ...... 1.C., ‘‘Description—Time –145ER, –145MR, –145LR, –145XR, –145MP, for Accomplishment’’. –145EP. EMB–135ER, –135KE, –135KL, –135LR, –145, 145–73–0023 ...... Original ..... June 28, 2004 ...... 1.C., ‘‘Description—Time –145ER, –145MR, –145LR, –145XR, –145MP, for Accomplishment’’. –145EP. EMB–135ER, –135KE, –135KL, –135LR, –145, 145–73–0024 ...... 01 ...... July 15, 2004 ...... 1.C., Description—Time for –145ER, –145MR, –145LR, –145XR, –145MP, Accomplishment’’. –145EP. EMB–135ER, –135KE, –135KL, –135LR, –145, 145–73–0025 ...... Original ..... July 23, 2004 ...... 1.C., ‘‘Description—Time –145ER, –145MR, –145LR, –145XR, –145MP, for Accomplishment’’. –145EP. EMB–135ER, –135KE, –135KL, –135LR, –145, 145–73–0027 ...... Original ..... March 15, 2005 ...... 1.B., ‘‘Concurrent Require- –145ER, –145MR, –145LR, –145XR, –145MP, ments’’. –145EP. EMB–135ER, –135KE, –135KL, –135LR, –145, 145–73–0028 ...... Original ..... March 15, 2005 ...... 1.B., ‘‘Concurrent Require- –145ER, –145MR, –145LR, –145XR, –145MP, ments’’. –145EP. EMB–135ER, –135KE, –135KL, –135LR, –145, 145–73–0029 ...... Original ..... May 4, 2005 ...... 1.B., ‘‘Concurrent Require- –145ER, –145MR, –145LR, –145XR, –145MP, ments’’. –145EP.
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TABLE 2.—SERVICE BULLETINS FOR UPGRADING FADEC ASSEMBLIES—Continued
EMBRAER Service Paragraph where upgrades For EMBRAER Model— Bulletin Revision Date are identified
EMB–135ER, –135KE, –135KL, –135LR, –145, 145–73–0029 ...... 01 ...... June 27, 2005 ...... 1.B., ‘‘Concurrent Require- –145ER, –145MR, –145LR, –145XR, –145MP, ments’’. –145EP. EMB–135ER, –135KE, –135KL, –135LR, –145, 145–73–0030 ...... Original ..... May 5, 2005 ...... 1.B., ‘‘Concurrent Require- –145ER, –145MR, –145LR, –145XR, –145MP, ments’’. –145EP. EMB–135ER, –135KE, –135KL, –135LR, –145, 145–73–0031 ...... Original ..... May 5, 2005 ...... 1.B., ‘‘Concurrent Require- –145ER, –145MR, –145LR, –145XR, –145MP, ments’’. –145EP. EMB–135BJ ...... 145LEG–73–0003 .. 01 ...... July 15, 2004 ...... 1.C., ‘‘Description—Time for Accomplishment’’. EMB–135BJ ...... 145LEG–73–0004 .. 02 ...... October 6, 2004 ..... 1.C., ‘‘Description—Time for Accomplishment’’. EMB–135BJ ...... 145LEG–73–0005 .. Original ..... June 7, 2005 ...... 1.D., ‘‘Description’’. EMB–135BJ ...... 145LEG–73–0006 .. Original ..... March 8, 2005 ...... 1.B., ‘‘Concurrent Require- ments’’. EMB–145XR ...... 145–73–0026 ...... Original ..... June 28, 2004 ...... 1.C., ‘‘Description—Time for Accomplishment’’.
Alternative Methods of Compliance Issued in Renton, Washington, on October and efficient use of the navigable (AMOCs) 18, 2005. airspace in the Cincinnati terminal area. (i)(1) The Manager, International Branch, Kevin M. Mullin, EFFECTIVE DATE: 0901 UTC, December ANM–116, Transport Airplane Directorate, Acting Manager, Transport Airplane 22, 2005. FAA, has the authority to approve AMOCs Directorate, Aircraft Certification Service. FOR FURTHER INFORMATION CONTACT: Paul for this AD, if requested in accordance with [FR Doc. 05–21310 Filed 10–25–05; 8:45 am] Gallant, Airspace and Rules, Office of the procedures found in 14 CFR 39.19. BILLING CODE 4910–13–P System Operations Airspace and AIM, (2) Before using any AMOC approved in Federal Aviation Administration, 800 accordance with 14 CFR 39.19 on any Independence Avenue, SW., airplane to which the AMOC applies, notify DEPARTMENT OF TRANSPORTATION Washington, DC 20591; telephone: (202) the appropriate principal inspector in the 267–8783. FAA Flight Standards Certificate Holding Federal Aviation Administration SUPPLEMENTARY INFORMATION: District Office. 14 CFR Part 71 History Related Information [Docket No. FAA–2005–20699; Airspace On July 6, 2005, the FAA published (j) Brazilian airworthiness directive 2004– Docket No. 04–ASO–19] 01–02R2, dated November 29, 2004, also in the Federal Register a notice of proposed rulemaking to establish four addresses the subject of this AD. RIN 2120–AA66 RITTR’s in the Cincinnati, OH, terminal Material Incorporated by Reference Establishment of Area Navigation area (70 FR 38826). Interested parties (k) You must use EMBRAER Service Instrument Flight Rules Terminal were invited to participate in this Bulletin 145–30–0028, Revision 10, dated Transition Routes (RITTR); Cincinnati, rulemaking effort by submitting written March 22, 2005, to perform the actions that OH comments on this proposal to the FAA. are required by this AD, unless the AD Two comments were received in specifies otherwise. The Director of the AGENCY: Federal Aviation response to the NPRM. Administration (FAA), DOT. Federal Register approved the incorporation Analysis of Comments by reference of this document in accordance ACTION: Final rule. with 5 U.S.C. 552(a) and 1 CFR part 51. The Aircraft Owners and Pilots Contact Empresa Brasileira de Aeronautica SUMMARY: This action establishes three Association wrote in support of the S.A. (EMBRAER), P.O. Box 343—CEP 12.225, Area Navigation Instrument Flight Rules proposal. The second commenter Sao Jose dos Campos—SP, Brazil, for a copy Terminal Transition Routes (RITTR) in expressed general support for the of this service information. You may review the Cincinnati, OH, terminal area. The concept of terminal transition routes to copies at the Docket Management Facility, FAA originally proposed to establish assist IFR traffic transitioning Class B U.S. Department of Transportation, 400 four routes as part of this action, but one airspace, but stated that the proposed Seventh Street SW., room PL–401, Nassif route (T–212) was deleted because it did Cincinnati RITTRs do not accomplish Building, Washington, DC; on the Internet at not meet RITTR design criteria and its this, and that IFR traffic (usually general http://dms.dot.gov; or at the National short length would provide limited aviation flights) would continue to be Archives and Records Administration benefits. RITTR’s are low altitude Air forced to make long detours around the (NARA). For information on the availability Traffic Service (ATS) routes, based on Class B airspace. The commenter of this material at the NARA, call (202) 741– Area Navigation (RNAV), for use by recommended that the FAA design 6030, or go to http://www.archives.gov/ aircraft having Instrument Flight Rules transition routes that extend diagonally federal_register/code_of_federal_regulations/ (IFR)-approved Global Positioning (northwest to southeast and southwest ibr_locations.html. System (GPS)/Global Navigation to northeast) across the Cincinnati/ Satellite System (GNSS) equipment. The Northern Kentucky International FAA is taking this action to enhance Airport (CVG) Class B airspace area. The safety and facilitate the more flexible FAA responds that these RITTRs are
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part of the initial steps in providing DME) is not a part of the airway matter that will only affect air traffic RNAV-based alternative routes through structure. To remedy this discrepancy, procedures and air navigation, it is Class B airspace at major airports. A route T–217 will be extended north of certified that this rule, when number of factors were considered in SGH to the existing BONEE fix, which promulgated, will not have a significant the design of the Cincinnati RITTRs, is located on Federal Airway V–12. In economic impact on a substantial including current arrival and departure addition, a minor realignment of T–217 number of small entities under the traffic patterns at CVG, general aviation will be made to the south of SGH to criteria of the Regulatory Flexibility Act. traffic flows transitioning the area, and cross the existing PRUDE, OH, fix, chart clutter. The proposed RITTRs do which is located on V–5. This will List of Subjects in 14 CFR Part 71 provide more direct alternative routes insert two additional links to the VOR Airspace, Incorporation by Reference, than are currently available via the Federal airway structure in the T–217 Navigation (air). Federal airway structure in the CVG description. The Adoption of the Amendment terminal area. As operational experience Finally, in the NPRM, the BOSTR, is gained with the RITTR program, HEDEN, and MILAN points were I In consideration of the foregoing, the refinements to the route structure will identified as WPs. These points are Federal Aviation Administration be made where needed. While the FAA actually existing charted ‘‘fixes,’’ amends 14 CFR part 71 as follows: is not adding additional CVG RITTRs at therefore an editorial change to the this time, it will consider the affected route descriptions is being PART 71—DESIGNATION OF CLASS A, recommendation for additional CVG made in this rule to replace ‘‘WP’’ with B, C, D, AND E AIRSPACE AREAS; AIR RITTRs in future en route and terminal ‘‘fix.’’ TRAFFIC SERVICE ROUTES; AND area NAS efficiency reviews. With the exception of editorial REPORTING POINTS changes, and the changes discussed I 1. The authority citation for part 71 Discussion above, this amendment is the same as continues to read as follows: In reviewing the configuration of the that proposed in the notice. proposed RITTRs, the FAA determined Low altitude Area Navigation Routes Authority: 49 U.S.C. 106(g), 40103, 40113, that several adjustments to the routes as are published in paragraph 6011 of FAA 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– proposed in the NPRM are required. Order 7400.9N dated September 1, 2005 1963 Comp., p. 389. One of the design criteria for RITTRs and effective September 15, 2005, which § 71.1 [Amended] is incorporated by reference in 14 CFR specifies that the routes must begin and I end at a fix or navigation aid located on 71.1. The routes listed in this document 2. The incorporation by reference in the existing Federal airway structure. will be published subsequently in the 14 CFR 71.1 of FAA Order 7400.9N, The purpose of this requirement is to order. Airspace Designations and Reporting Points, dated September 1, 2005, and provide connectivity between the RITTR The Rule and the low altitude en route structure effective September 15, 2005, is to enhance the expeditious movement of This action amends Title 14 Code of amended as follows: suitably equipped en route IFR aircraft Federal Regulations (14 CFR) part 71 by Paragraph 6011—Area Navigation Routes through or around a Class B airspace establishing three RITTRs, designated * * * * * area. The proposed routes T–212, T– T–213, T–215, and T–217, in the CVG 215, and T–217 did not fully meet this terminal area. These routes will be T–213 Louisville, KY to Richmond, IN criteria. As a result, the following depicted in blue on the appropriate IFR [New] corrective action is being taken in this en route low altitude charts. RITTRs are Louisville, KY (IIU) low altitude RNAV routes designed to VORTAC rule. Proposed route T–212 is ° ′ ″ ° ′ ″ withdrawn. It was determined that, due facilitate the expeditious movement of (Lat. 38 06 13 N., long. 85 34 39 W.) IFR overflight traffic around or through GAMKE, IN to the short length of route T–212 (less WP than 15 miles), the route would be of certain congested terminal airspace (Lat. 38°46′13″ N., long. 85°14′35″ W.) minimal usefulness to the National areas. The routes may be used by GNSS- MILAN, IN Airspace System (NAS). To remedy the equipped aircraft that are capable of Fix problem with the other two routes, the filing flight plan equipment suffix ‘‘/G.’’ (Lat. 39°21′22″ N., long. 85°19′01″ W.) FAA is making the following changes. The FAA is taking this action to Richmond, IN (RID) enhance safety and facilitate the more VORTAC Route T–215, as proposed, extended ° ′ ″ ° ′ ″ between the Lexington, KY, (HYK) very flexible and efficient use of the (Lat. 39 45 18 N., long. 84 50 20 W.) high frequency omnidirectional range/ navigable airspace for en route IFR * * * * * tactical air navigation (VORTAC) and aircraft transitioning through the CVG T–215 Lexington, KY to GAMKE, IN [New] the new GAMKE, IN, waypoint (WP). Class B airspace area. Lexington, KY (HYK) However, the proposed GAMKE WP is The FAA has determined that this VORTAC not located on the airway structure. regulation only involves an established (Lat. 37°57′59″ N., long. 84°28′21″ W.) Therefore, GAMKE will be relocated body of technical regulations for which GAMKE, IN slightly south of its proposed position to frequent and routine amendments are WP place it on existing Federal Airway V– necessary to keep them operationally (Lat. 38°46′13″ N., long. 85°14′35″ W.) 47. This rule adjusts the GAMKE current. Therefore, this regulation: (1) is * * * * * latitude and longitude coordinates to not a ‘‘significant regulatory action’’ T–217 Lexington, KY to BONEE, OH [New] reflect the change. This change will under Executive Order 12866; (2) is not bring route T–215 into compliance with a ‘‘significant rule’’ under Department of Lexington, KY (HYK) the design criteria. Transportation (DOT) Regulatory VORTAC (Lat. 37°57′59″ N., long. 84°28′21″ W.) Similarly, route T–217 does not meet Policies and Procedures (44 FR 11034; BOSTR, OH the design criteria because one of its end February 26, 1979); and (3) does not Fix points, the Springfield, OH, (SGH) very warrant preparation of a regulatory (Lat. 38°53′08″ N., long. 84°04′58″ W.) high frequency omnidirectional range/ evaluation as the anticipated impact is HEDEN, OH distance measuring equipment (VOR/ so minimal. Since this is a routine Fix
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(Lat. 39°16′45″ N., long. 84°02′02″ W.) incorporating those areas into the Adoption of the Amendment PRUDE, OH Binghamton, NY description was Fix PART 71—[AMENDED] ° ′ ″ ° ′ ″ published in the Federal Register (70 (Lat. 39 25 45 N., long. 83 56 59 W.) FR 49221–49222). Interested parties Springfield, OH (SGH) I 1. The authority citation for 14 CFR 71 VOR/DME were invited to participate in this continues to read as follows: (Lat. 39°50′12″ N., long. 83°50′42″ W.) rulemaking proceeding by submitting written comments on the proposal to the Authority: 49 U.S.C. 106(g), 40103, 40113, BONEE, OH 40120; EO 10854, 24 FR 9565, 3 CFR, 1959– Fix FAA. No comments to the proposal 1963 Comp., p. 389. (Lat. 40°03′09″ N., long. 83°56′56″ W.) were received. The rule is adopted as * * * * * proposed. § 71.1 [Amended] Issued in Washington, DC on October 19, The coordinates for this airspace The incorporation by reference in 14 2005. docket are based on North American CFR 71.1 of Federal Aviation Edith V. Parish, Datum 83. Class E airspace area Administration Order 7400.9N, Acting Manager, Airspace and Rules. designations for airspace extending Airspace Designations and Reporting Points, dated September 1, 2005, and [FR Doc. 05–21318 Filed 10–25–05; 8:45 am] upward from the surface are published effective September 16, 2005, is BILLING CODE 4910–13–P in paragraph 6005 of FAA Order 7400.9N, dated September 1, 2005 and amended as follows: effective September 16, 2005, which is Paragraph 6005 Class E airspace ares DEPARTMENT OF TRANSPORTATION incorporated by reference in 14 CFR extending upward from 700 ft above the 71.1. The Class E airspace designation surface of the earth. Federal Aviation Administration listed in this document will be amended * * * * * in the order. 14 CFR Part 71 AEA NY E5 Binghamton, NY (Revised) The Rule The airspace extending upward from 700 [Docket No. FAA–2005–22100; Airspace feet above the surface within an area Docket No. 05–AEA–16] This amendment to Part 71 of the bounded by a line beginning at lat. 41°53′35″ Federal Aviation Regulations (14 CFR N., long. 75°56′07″ W., to lat. 41°52′45″ N., Amendment of Class E Airspace; part 71) provides controlled Class E long. 76°55′49″ W., to lat. 42°10′28″ N., long. Binghamton, NY airspace extending upward from 700 ft 77°10′21″ W., to lat. 42°45′20″ N., long. 76°39′27″ W., to lat. 42°43′45″ N., long. AGENCY: Federal Aviation above the surface for aircraft conducting 76°07′32″ W., to lat. 42°15′10″ N., long. Administration [FAA] DOT. IFR operations within the Binghamton, ° ′ ″ NY Class E–5 airspace description. The 75 40 40 W., to the point of beginning, ACTION: Final rule. excluding that portion that coincides with amendment consolidates the Class E–5 the Towanda, PA Class E airspace area. SUMMARY: This action amends Class E airspace descriptions for Cortland, NY; * * * * * airspace at Binghamton, NY. The Elmira, NY; Ithaca, NY; Endicott, NY; development of multiple area navigation ans Sayre, PA, into one airspace Issued in Jamaica, New York, on October (RNAV) Standard Instrument Approach designation for Binghamton, NY, and 11, 2005. Procedures (SIAP) for numerous airports the designations for those areas will be John G. McCartney, within the Binghamton, NY removed by separate rulemaking. Acting Area Director, Eastern Terminal Operations. geographical area with approved The FAA has determined that this Instrument Flight Rules (IFR) operations regulation only involves an established [FR Doc. 05–21320 Filed 10–25–05; 8:45 am] and the resulting overlap of designated body of technical regulations for which BILLING CODE 4910–13–M Class E–5 airspace have made this frequent and routine amendments are action necessary. This action necessary to keep them operationally DEPARTMENT OF TRANSPORTATION consolidates the Class E–5 airspace current. Therefore, this regulation: (1) Is designations for five airspace and one not a ‘‘significant regulatory action’’ Federal Aviation Administration heliport and results in the rescission of under Executive Order 12866; (2) is not the five Class E–5 descriptions through a ‘‘significant rule’’ under DOT 14 CFR Part 71 separate rulemaking action. The area Regulatory Policies and Procedures (44 will be depicted on aeronautical charts FR 11034; February 26, 1979); and (3) [Docket No. FAA–2005–22494; Airspace for pilot reference. Docket No. 05–AEA–22] does not warrant preparation of a EFFECTIVE DATE: 0901 UTC February 16, Regulatory Evaluation as the anticipated 2006. Amendment of Class E Airspace; impact is so minimal. Since this is a Cortland, NY; Ithaca, NY; Elmira, NY; FOR FURTHER INFORMATION CONTACT: Mr. routine matter that will only affect air Endicott, NY; Sayre, PA Francis T. Jordan, Jr., Airspace traffic procedures and air navigation it Specialist, Airspace and Operations, is certified that this rule will not have AGENCY: Federal Aviation ETSU, Federal Aviation Administration, signicant economic impact on a Administration (FAA) DOT. 1 Aviation Plaza, Jamaica, New York substantial number of small entities ACTION: Final rule; request for 11434–4809, telephone: (718) 553–4521. under the criteria of the Regulatory comments. SUPPLEMENTARY INFORMATION: Flexibility Act. SUMMARY: This action removes the History List of Subjects in 14 CFR Part 71 description of the Class E airspace On August 23, 2005, a notice designated for Cortland, NY, Cortland Airspace, Incorporation by reference, proposing to amend Part 71 of the County-Chase Field Airport (N03); Navigation (air). Federal Aviation Regulations (14 CFR Ithaca, NY, Tompkins County Airport Part 71) by consolidating existing Class I In consideration of the foregoing, the (ITH); Elmira, NY, Elmira/Corning E–5 airspace designations in the Federal Aviation Administration Regional Airport (ELM); Endicott, NY, Binghamton, NY metropolitan area and amends 14 CFR part 71 as follows: Tri-Cities Airport (CZG); and Sayre, PA,
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Robert Parker Hospital Heliport. The related aspects of the rule which might List of Subjects in 14 CFR Part 71 affected Class E–5 airspace for the suggest the need to modify the rule. Airspace, Incorporated by reference, airports included in these descriptions Navigation (air). will be consolidated into the amended The Rule Adoption of the Amendment Binghamton, NY airspace description This amendment to Part 71 of the contained in Docket No. FAA–2005– Federal Aviation Regulations (14 CFR I In consideration of the foregoing, the 22100, Airspace Docket No. 05–AEA– Part 71) amends the description of Class Federal Aviation Administration 16, effective February 16, 2006. E airspace in the Binghamton, NY area amends 14 CFR Part 71 as follows: DATES: Effective date: February 16, 2006. by removing the airspace designations Comment Date: Comments must be for Cortland, NY, Cortland County- PART 71—[AMENDED] received on or before November 25, Chase Field Airport (N03); Ithaca, NY, I 1. The authority citation for Part 71 2005. Tompkins County Airport (ITH); Elmira, continues to read as follows: ADDRESSES: Send comments on the rule NY, Elmira/Corning Regional Airport (ELM); Endicott, NY, Tri-Cities Airport Authority: 49 U.S.C. 106(g), 40103, 40113, to the Docket Management System, U.S. 40120; E.O. 10854; 24 FR 9565, 3 CFR, 1959– Department of Transportation, Room (CZG); and Sayre, PA, Robert Parker 1963 Comp., p. 389. Plaza 401, 400 Seventh Street, SW., Hospital Heliport. It consolidates those Washington, DC 20590–0001. You must airspace areas into the amended § 71.1 [Amended] identify the docket number FAA–2005– Binghamton, NY description. The I 2. The incorporation by reference in 22494; Airspace Docket No. 05–AEA–22 proliferation of airports with Instrument 14 CFR 71.1 of the Federal Aviation at the beginning of your comments. You Flight Rule (IFR) operations within the Administration Order 7400.9N, may also submit comments on the Binghamton, NY geographic area has Airspace Designations and Reporting Internet at http://dms.dot.gov. You may resulted in the overlap of numerous Points, dated September 1, 2005 and review the public docket containing the Class E airspace areas that complicate effective September 16, 2005, is rule, any comments received, and any the chart depictions. amended as follows: final disposition in person in the Docket This action clarifies the airspace and Paragraph 6005 Class E airspace areas Office between 9 a.m. and 5 p.m., diminishes the scope and complexity of extending from 700 feet of more above the Monday through Friday, except Federal charting. The IFR airports within those surface of the earth. holidays. The Docket Office (telephone areas will be incorporated into the * * * * * 1–800–647–5527) is on the plaza level Binghamton, NY Class E airspace area. of the Department of Transportation Accordingly, since this action merely AEA NY E5 Cortland, NY [Removed] NASSIF Building at the above address. consolidates these airspace areas into AEA NY E5 Ithaca, NY [Removed] An informal docket may also be one airspace designation and has AEA NY E5 Elmira, NY [Removed] examined during normal business hours inconsequential impact on aircraft at the office of the Area Director, Eastern operations in the area, notice and public AEA NY E5 Endicott, NY [Removed] Terminal Operations, Federal Aviation procedure under 5 U.S.C. 553(b) are AEA PA E5 Sayre, PA [Removed] Administration, 1 Aviation Plaza, unnecessary. Jamaica, NY 11434–4890. * * * * * Class E airspace designations for Issued in Jamaica, New York on October FOR FURTHER INFORMATION CONTACT: Mr. airspace extending upward from 700 Francis T. Jordan, Jr., Airspace 11, 2005. feet or more above the surface of the John G. McCartney, Specialist, Airspace and Operations, earth are published in paragraph 6005 of ETSU, Federal Aviation Administration, Acting Area Director, Eastern Terminal FAA Order 7400.9N, dated September 1, Operations. 1 Aviation Plaza, Jamaica, NY 11434– 2005, and effective September 16, 2005, [FR Doc. 05–21321 Filed 10–25–05; 8:45 am] 4809, telephone: (718) 553–4521. which is incorporated by reference in 14 SUPPLEMENTARY INFORMATION: CFR 71.1. The Class E airspace BILLING CODE 4910–13–M Although this action is a final rule, designation listed in this document will which involves the amendment of Class be published subsequently in the Order. E airspace surrounding Binghamton, The FAA has determined that this DEPARTMENT OF HEALTH AND NY, by consolidating that airspace into regulation only involves an established HUMAN SERVICES one description, and was not preceded body of technical regulations for which Food and Drug Administration by notice and public procedure, frequent and routine amendments are comments are invited on the rule. This necessary to keep them operationally 21 CFR Part 866 rule will become effective on the date current. Therefore, this regulation: (1) Is specified in the DATES section. However, not a ‘‘significant regulatory action’’ [Docket No. 2005P–0397] after the review of any comments, if the under Executive Order 12866; (2) is not FAA finds that further changes are a ‘‘significant rule’’ under DOT Medical Devices; Immunology and appropriate, it will initiate rulemaking Regulatory Policies and Procedures (44 Microbiology Devices; Classification of proceedings to extend the effective date FR 11034; February 26, 1979); and (3) Cystic Fibrosis Transmembrane or to amend the regulation. does not warrant preparation of a Conductance Regulator Gene Mutation Comments that provide the factual Regulatory Evaluation as the anticipated Detection System basis supporting the views and impact is so minimal. Since this is a AGENCY: Food and Drug Administration, suggestions presented are particularly routine matter that will only affect air HHS. helpful in evaluating the effects of the traffic procedures and air navigation it ACTION: Final rule. rule, and in determining whether is certified that this rule will not have additional rulemaking is required. significant economic impact on a SUMMARY: The Food and Drug Comments are specifically invited on substantial number of small entities Administration (FDA) is classifying the the overall regulatory, aeronautical, under the criteria of the Regulatory cystic fibrosis transmembrane economic, environmental, and energy- Flexibility Act. conductance regulator (CFTR) gene
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mutation detection systems into class II classification shall be the initial FDA has identified the risks to health (special controls). The special control classification of the device. Within 30 associated specifically with this type of that will apply to the device is the days after the issuance of an order device as improper clinical guidance document entitled ‘‘Class II classifying the device, FDA must recommendations and improper Special Controls Guidance Document: publish a notice in the Federal Register medical patient management due to CFTR Gene Mutation Detection announcing such classification (section failure of the test to perform as Systems.’’ The agency is classifying the 513(f)(2) of the act). indicated or errors in interpretation of device into class II (special controls) in In accordance with section 513(f)(1) of results. Specifically, in the context of order to provide a reasonable assurance the act, FDA issued an order on April carrier-screening in adults, a false- of safety and effectiveness of the device. 1, 2005, classifying the Tm Bioscience negative or false-positive result or Elsewhere in this issue of the Federal Corp., Tag-ItTM Cystic Fibrosis Kit into interpretation could lead to inaccurate Register, FDA is announcing the class III, because it was not substantially estimates of a couple’s risk of having a availability of the guidance document equivalent to a device that was child with cystic fibrosis. In the context that will serve as the special control for introduced or delivered for introduction of assisting in the diagnosis of CF in the device. into interstate commerce for commercial newborns and children, a false-negative DATES: This final rule is effective distribution before May 28, 1976, or a could lead to a delay in the definitive November 25, 2005. The classification device which was subsequently diagnosis and treatment; a false-positive was effective May 9, 2005. reclassified into class I or class II. On could lead to unnecessary or FOR FURTHER INFORMATION CONTACT: April 5, 2005, Tm Bioscience Corp., inappropriate treatment. Zivana Tezak, Center for Devices and submitted a petition requesting FDA believes that the class II special Radiological Health (HFZ–440), Food classification of the Tag-ItTM Cystic controls guidance document aids in and Drug Administration, 2098 Gaither Fibrosis Kit under section 513(f)(2) of mitigating the potential risks to health Rd., Rockville, MD 20850, 240–276– the act. The manufacturer recommended by providing recommendations for 0597. that the device be classified into class II. validation of performance SUPPLEMENTARY INFORMATION: In accordance with section 513(f)(2) of characteristics, as well as for labeling. the act, FDA reviewed the petition in The guidance document also provides I. What is the Background of this order to classify the device under the information on how to meet premarket Rulemaking? criteria for classification set forth in (510(k)) submission requirements for the In accordance with section 513(f)(1) of section 513(a)(1) of the act. Devices are device. FDA believes that the special the Federal Food, Drug, and Cosmetic to be classified into class II if general controls guidance document, in Act (the act) (21 U.S.C. 360c(f)(1)), controls, by themselves, are insufficient addition to general controls, addresses devices that were not in commercial to provide reasonable assurance of the risks to health identified previously distribution before May 28, 1976, the safety and effectiveness, but there is and provides reasonable assurance of date of enactment of the Medical Device sufficient information to establish the safety and effectiveness of the Amendments of 1976 (the amendments), special controls to provide reasonable device. Therefore, on May 9, 2005, FDA generally referred to as postamendments assurance of the safety and effectiveness issued an order to the petitioner devices, are classified automatically by of the device for its intended use. After classifying the device into class II. FDA statute into class III without any FDA review of the information submitted in is codifying this device by adding rulemaking process. These devices the petition, FDA determined that the § 866.5900. remain in class III and require Tm Bioscience Corp., Tag-ItTM Cystic Following the effective date of this premarket approval, unless and until Fibrosis Kit can be classified into class final rule, any firm submitting a 510(k) the device is classified or reclassified II with the establishment of special premarket notification for a CFTR gene into class I or class II, or FDA issues an controls. FDA believes these special mutation detection system will need to order finding the device to be controls will provide reasonable address the issues covered in the special substantially equivalent, in accordance assurance of safety and effectiveness of controls guidance. However, the firm with section 513(i) of the act, to a the device. need only show that its device meets the predicate device that does not require The device is assigned the generic recommendations of the guidance or in premarket approval. The agency name ‘‘cystic fibrosis transmembrane some other way provides equivalent determines whether new devices are conductance regulator (CFTR) gene assurance of safety and effectiveness. substantially equivalent to previously mutation detection system’’ and it is Section 510(m) of the act provides marketed devices by means of identified as a device used to that FDA may exempt a class II device premarket notification procedures in simultaneously detect and identify a from the premarket notification section 510(k) of the act (21 U.S.C. panel of mutations and variants in the requirements under section 510(k) of the 360(k)) and part 807 (21 CFR part 807) CFTR gene. It is intended as an aid in act, if FDA determines that premarket of FDA’s regulations. confirmatory diagnostic testing of notification is not necessary to provide Section 513(f)(2) of the act provides individuals with suspected cystic reasonable assurance of the safety and that any person who submits a fibrosis (CF), carrier identification, and effectiveness of the device. For this type premarket notification under section newborn screening. This device is not of device, FDA has determined that 510(k) of the act for a device that has not intended for stand-alone diagnostic premarket notification is necessary to previously been classified may, within purposes, prenatal diagnostic, pre- provide reasonable assurance of the 30 days after receiving an order implantation, or population screening. safety and effectiveness of the device classifying the device in class III under CFTR gene mutation detection systems and, therefore, the type of device is not section 513(f)(1) of the act, request that may consist of different reagents and exempt from premarket notification FDA classify the device under the instruments, including polymerase requirements. Persons who intend to criteria set forth in section 513(a)(1) of chain reaction (PCR) primers, market this type of device must submit the act. FDA shall, within 60 days of hybridization matrices, thermal cyclers, to FDA a premarket notification, prior to receiving such a request, classify the sequencers, signal detection marketing the device, which contains device by written order. This instruments, and software packages. information about the CFTR gene
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mutation detection system they intend expenditure that would meet or exceed Authority: 21 U.S.C. 351, 360, 360c, 360e, to market. this amount. 360j, 371. I 2. Add § 866.5900 to subpart F to read II. What Is the Environmental Impact of IV. Does This Final Rule Have as follows: This Rule? Federalism Implications? The agency has determined under 21 FDA has analyzed this final rule in § 866.5900 Cystic fibrosis transmembrane CFR 25.34(b) that this action is of a type accordance with the principles set forth conductance regulator (CFTR) gene mutation detection system. that does not individually or in Executive Order 13132. FDA has cumulatively have a significant effect on determined that the rule does not (a) Identification. The CFTR gene the human environment. Therefore, contain policies that have substantial mutation detection system is a device neither an environmental assessment direct effects on the States, on the used to simultaneously detect and nor an environmental impact statement relationship between the National identify a panel of mutations and is required. Government and the States, or on the variants in the CFTR gene. It is intended distribution of power and as an aid in confirmatory diagnostic III. What Is the Economic Impact of testing of individuals with suspected This Rule? responsibilities among the various levels of government. Accordingly, the cystic fibrosis (CF), carrier FDA has examined the impacts of the agency has concluded that the rule does identification, and newborn screening. final rule under Executive Order 12866 not contain policies that have This device is not intended for stand- and the Regulatory Flexibility Act (5 federalism implications as defined in alone diagnostic purposes, prenatal U.S.C. 601–612), and the Unfunded the Executive order and, consequently, diagnostic, pre-implantation, or Mandates Reform Act of 1995 (Public a federalism summary impact statement population screening. Law 104–4). Executive Order 12866 is not required. (b) Classification. Class II (special directs agencies to assess all costs and controls). The special control is FDA’s benefits of available regulatory V. How Does This Rule Comply with guidance document entitled ‘‘Class II alternatives and, when regulation is the Paperwork Reduction Act of 1995? Special Controls Guidance Document: necessary, to select regulatory FDA concludes that this rule contains CFTR Gene Mutation Detection approaches that maximize net benefits no collections of information. Therefore, System.’’ See § 866.1(e) for the (including potential economic, clearance by the Office of Management availability of this guidance document. environmental, public health and safety, and Budget (OMB) under the Paperwork and other advantages; distributive Dated: October 17, 2005. Reduction Act of 1995 (the PRA) (44 Linda S. Kahan, impacts; and equity). The agency U.S.C. 3501–3520) is not required. believes that this final rule is not a Deputy Director, Center for Devices and FDA also concludes that the special Radiological Health. significant regulatory action as defined controls guidance document identified by the Executive order and so it not [FR Doc. 05–21348 Filed 10–25–05; 8:45 am] by this rule contains information BILLING CODE 4160–01–S subject to review under the Executive collection provisions that are subject to order. review and clearance by OMB under the The Regulatory Flexibility Act PRA. Elsewhere in this issue of the requires agencies to analyze regulatory Federal Register, FDA is publishing a DEPARTMENT OF HOMELAND options that would minimize any notice announcing the availability of the SECURITY significant impact of a rule on small draft guidance entitled ‘‘Class II Special entities. Because classification of this Coast Guard Controls Guidance Document: CFTR device into class II will relieve Gene Mutation Detection Systems.’’ manufacturers of the cost of complying 33 CFR Part 117 with the premarket approval VI. What References are on Display? [CGD05–05–124] requirements of section 515 of the act The following reference has been (21 U.S.C. 360e), and may permit small placed on display in the Division of RIN 1625–AA–09 potential competitors to enter the Dockets Management (HFA–305), Food marketplace by lowering their costs, the and Drug Administration, 5630 Fishers Drawbridge Operation Regulations; agency certifies that the final rule will Lane, rm. 1061, Rockville, MD 20852, Knapps Narrows, MD not have a significant economic impact and may be seen by interested persons AGENCY: Coast Guard, DHS. on a substantial number of small between 9 a.m. and 4 p.m., Monday ACTION: entities. through Friday. Notice of temporary deviation Section 202(a) of the Unfunded 1. Petition from Tm Bioscience Corp., from regulations. Mandates Reform Act of 1995 requires dated April 4, 2005. that agencies prepare a written SUMMARY: The Commander, Fifth Coast statement, which includes an List of Subjects in 21 CFR Part 866 Guard District, has approved a assessment of anticipated costs and Biologics, Laboratories, Medical temporary deviation from the benefits, before proposing ‘‘any rule that devices. regulations governing the operation of the Route 33/Knapps Narrows Bridge, at includes any Federal mandate that may I Therefore, under the Federal Food, result in the expenditure by State, local, mile 0.4, across Knapps Narrows, at Drug, and Cosmetic Act and under Tilghman, Maryland. This deviation and tribal governments, in the aggregate, authority delegated to the Commissioner or by the private sector, of $100,000,000 allows the drawbridge to remain closed- of Food and Drugs, 21 CFR part 866 is to-navigation each day from 9 p.m. to 5 or more (adjusted annually for inflation) amended as follows: in any one year.’’ The current threshold a.m., beginning on Monday, October 24 after adjustment for inflation is $115 PART 866—IMMUNOLOGY AND until Friday, October 28, 2005, to million using the most current (2003) MICROBIOLOGY DEVICES facilitate mechanical repairs. Implicit Price Deflator for the Gross DATES: The deviation is effective from 9 Domestic Product. FDA does not expect I 1. The authority citation for 21 CFR p.m. to 5 a.m. from October 24 until this final rule to result in any 1-year part 866 continues to read as follows: October 28, 2005.
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ADDRESSES: Materials referred to in this DEPARTMENT OF HOMELAND assets on scene who will also provide document are available for inspection or SECURITY notice of the safety zone to mariners. copying at Commander (obr), Fifth Coast For the same reasons, under 5 U.S.C. Guard District, Federal Building, 1st Coast Guard 553(d)(3), the Coast Guard finds that Floor, 431 Crawford Street, Portsmouth, good cause exists for making this rule VA 23704–5004 between 8 a.m. and 4 33 CFR Part 165 effective less than 30 days after p.m., Monday through Friday, except [COTP St. Petersburg 05–120] publication in the Federal Register. Federal holidays. The telephone number Background and Purpose is (757) 398–6422. Commander (obr), RIN 1625–AA00 Fifth Coast Guard District maintains the PCL construction was contracted to public docket for this temporary Safety Zone Regulation; Tampa Bay, build a fixed bridge to replace the deviation. FL Clearwater Memorial Causeway Bridge and remove the existing bridge. The FOR FURTHER INFORMATION CONTACT: AGENCY: Coast Guard, DHS. Bill fixed bridge was completed early H. Brazier, Bridge Management ACTION: Temporary final rule. September and the removal of the Specialist, Fifth Coast Guard District, at bascule bridge was commenced on (757) 398–6422. SUMMARY: The Coast Guard is establishing a temporary safety zone on September 12, 2005. On September 13, SUPPLEMENTARY INFORMATION: The Route the waters of Tampa Bay, Florida, in the 2005 PCL contacted Coast Guard Sector 33/Knapps Narrows Bridge, a bascule- vicinity of the Clearwater Memorial St. Petersburg Prevention Department to type drawbridge, has a vertical bascule bridge. This safety zone is being discuss blasting the large concrete clearance in the closed position to established to protect mariners from the portions of the bascule bridge directly vessels of 7 feet, at mean high water. hazards associated with the blasting adjacent to the navigation channel along Covington Machine and Welding, Inc. demolition of the concrete portions of with the concrete counterweights for the (CMW), is the contractor engaged to the Clearwater Memorial bascule bridge. metal bridge leafs. PCL will conduct two perform these repairs for the Maryland This rule is necessary to provide for the separate blasts on two different days to State Highway Administration (SHA), safety of life on the navigable waters of break up the concrete into smaller the bridge owner. CMW, on behalf of the United States. sections for removal. The first blast will be conducted tentatively on October 5, SHA, requested a temporary deviation DATES: This rule is effective from 9:30 2005, at approximately 7:30 a.m. This from the operating regulations for the a.m. on October 4, 2005 through 2 p.m. first blast will fracture the main Route 33/Knapps Narrows Bridge, set on November 8, 2005. concrete vertical portions adjacent to out in 33 CFR 117.5, that requires to ADDRESSES: Documents indicated in this bridge to open promptly and fully for the channel from the top to three feet preamble as being available in the above the waterline. The second blast the passage of vessels when a request to docket are part of docket [COTP St. open is given. will be conducted tentatively on Petersburg 05–120] and are available for October 26, 2005, at approximately 7:30 CMW requested the temporary inspection or copying at Coast Guard a.m. This second and final blast will deviation to close the Route 33/Knapps Sector St. Petersburg, Prevention fracture the remaining three feet and the Narrow Bridge to navigation to facilitate Department, 155 Columbia Drive, 16 feet of bridge below the waterline. replacing leaking oil seals in the main Tampa, Florida 33606–3598 between The use of explosives and the proximity drive gear reducer and the hydraulic 7:30 a.m. and 4 p.m., Monday through of the concrete bridge structure to the braking system of the draw span. The Friday, except Federal holidays. navigable channel present a hazard to lift span will be locked in the closed-to- FOR FURTHER INFORMATION CONTACT: mariners transiting the area. This safety navigation position each day from 9 Lieutenant Junior Grade Jennifer zone is being established to ensure the p.m. to 5 a.m. beginning on Monday, Andrew at Coast Guard Sector St. safety of life on the navigable waters of October 24, 2005 until and including Petersburg, Prevention Department, the United States. Friday, October 28, 2005. At all other (813) 228–2191 Ext 8203. Discussion of Rule times, the bridge will operate in SUPPLEMENTARY INFORMATION: accordance with 33 CFR 117.5. The safety zone will extend out from The Coast Guard has informed the Regulatory Information the Clearwater Memorial Causeway known users of the waterway of the We did not publish a notice of bascule Bridge in a 1,000 foot radius. closure periods for the bridge so that proposed rulemaking (NPRM) for this Vessels and persons not under contract these vessels can arrange their transits regulation. Under 5 U.S.C. 553(b)(B), the or employees of PCL are prohibited from to minimize any impact caused by the Coast Guard finds that good cause exists entering, anchoring or transiting within temporary deviation. for not publishing an NPRM. The this zone unless authorized by the In accordance with 33 CFR 117.35(c), necessary details for the blasting Captain of the Port St. Petersburg or his this work will be performed with all due demolition of the Clearwater Memorial designated representative. This safety speed in order to return the bridge to bascule bridge were not provided with zone is effective from 7:30 a.m. on normal operation as soon as possible. sufficient time remaining to publish an October 4, 2005, through 2 p.m. on This deviation from the operating NPRM. Publishing a NPRM and November 8, 2005. The Coast Guard regulations is authorized under 33 CFR delaying its effective date would be does not know the exact dates that this 117.35. contrary to the public interest since safety zone will be enforced at this time. immediate action is needed to minimize Coast Guard Sector St. Petersburg will Dated: October 18, 2005. potential danger to the public during the give notice of the enforcement of the Waverly W. Gregory, Jr., blasting demolition of the Clearwater safety zone by issuing a Broadcast Chief, Bridge Administration Branch, Fifth Memorial bascule bridge. The Coast Notice to Mariners beginning 24 to 48 Coast Guard District. Guard will issue a broadcast notice to hours before the blasting is scheduled to [FR Doc. 05–21322 Filed 10–25–05; 8:45 am] mariners to advise mariners of the begin. On-scene notice will be provided BILLING CODE 4910–15–P restriction along with Coast Guard by local Coast Guard and Pinellas
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County Sheriff marine units enforcing person listed under FOR FURTHER Protection of Children the safety zone. INFORMATION CONTACT for assistance in We have analyzed this rule under understanding and participating in this Regulatory Evaluation Executive Order 13045, Protection of rulemaking. We also have a point of Children from Environmental Health This rule is not a ‘‘significant contact for commenting on actions by Risks and Safety Risks. This rule is not regulatory action’’ under section 3(f) of employees of the Coast Guard. Small an economically significant rule and Executive Order 12866, Regulatory businesses may send comments on the does not create an environmental risk to Planning and Review, and does not actions of Federal employees who health or risk to safety that may require an assessment of potential costs enforce, or otherwise determine disproportionately affect children. and benefits under section 6(a)(3) of that compliance with, Federal regulations to Order. The Office of Management and the Small Business and Agriculture Indian Tribal Governments Budget has not reviewed it under that Regulatory Enforcement Ombudsman This rule does not have tribal Order. The Coast Guard expects the and the Regional Small Business implications under Executive Order economic impact of this proposal to be Regulatory Fairness Boards. The 13175, Consultation and Coordination so minimal that a full Regulatory Ombudsman evaluates these actions with Indian Tribal Governments, Evaluation under the regulatory policies annually and rates each agency’s because it does not have a substantial and procedures of DHS is unnecessary responsiveness to small business. If you direct effect on one or more Indian because the safety zone will be in effect wish to comment on actions by tribes, on the relationship between the for a limited period of time and vessels employees of the Coast Guard, call 1– Federal Government and Indian tribes, may enter with the express permission 888–REG–FAIR (1–888–734–3247). or on the distribution of power and of the Captain of the Port of St. responsibilities between the Federal Petersburg or his designated Collection of Information Government and Indian tribes. representative. This rule calls for no new collection Energy Effects Small Entities of information under the Paperwork We have analyzed this rule under Under the Regulatory Flexibility Act Reduction Act of 1995 (44 U.S.C. 3501– 3520). Executive Order 13211, Actions (5 U.S.C. 601–612), we have considered Concerning Regulations That whether this rule would have a Federalism Significantly Affect Energy Supply, significant economic impact on a Distribution, or Use. We have substantial number of small entities. A rule has implications for federalism under Executive Order 13132, determined that it is not a ‘‘significant The term ‘‘small entities’’ comprises energy action’’ under that order because small businesses, not-for-profit Federalism, if it has a substantial direct effect on State or local governments and it is not a ‘‘significant regulatory action’’ organizations that are independently under Executive Order 12866 and is not owned and operated and are not would either preempt State law or impose a substantial direct cost of likely to have a significant adverse effect dominant in their fields, and on the supply, distribution, or use of governmental jurisdictions with compliance on them. We have analyzed this rule under that Order and have energy. The Administrator of the Office populations of less than 50,000. of Information and Regulatory Affairs The Coast Guard certifies under 5 determined that it does not have implications for federalism. has not designated it as a significant U.S.C. 605(b) that this rule will not have energy action. Therefore, it does not a significant economic impact on a Unfunded Mandates Reform Act require a Statement of Energy Effects substantial number of small entities. under Executive Order 13211. This rule may affect the following The Unfunded Mandates Reform Act entities, some of which may be small of 1995 (2 U.S.C. 1531–1538) requires Technical Standards entities: The owners or operators of Federal agencies to assess the effects of The National Technology Transfer vessels intending to transit within a their discretionary regulatory actions. In and Advancement Act (NTTAA) (15 1,000 foot radius from the Clearwater particular, the Act addresses actions U.S.C. 272 note) directs agencies to use Memorial Causeway bascule Bridge. that may result in the expenditure by a voluntary consensus standards in their This safety zone will not have a State, local, or tribal government, in the regulatory activities unless the agency significant economic impact on a aggregate, or by the private sector of provides Congress, through the Office of substantial number of small entities for $100,000,000 or more in any one year. Management and Budget, with an the following reasons. This rule will Though this rule will not result in such explanation of why using these only be enforced in a location where an expenditure, we do discuss the standards would be inconsistent with traffic is minimal and for a limited time effects of this rule elsewhere in this applicable law or otherwise impractical. when vessel traffic is expected to be preamble. Voluntary consensus standards are extremely low. Additionally, traffic will Taking of Private Property technical standards (e.g., specifications be allowed to enter the zone with the of materials, performance, design, or permission of the Captain of the Port St. This rule will not effect a taking of operation; test methods; sampling Petersburg or his designated private property or otherwise have procedures; and related management representative. taking implications under Executive systems practices) that are developed or Order 12630, Governmental Actions and Assistance for Small Entities adopted by voluntary consensus Interference with Constitutionally standards bodies. Under section 213(a) of the Small Protected Property Rights. This rule does not use technical Business Regulatory Enforcement Civil Justice Reform standards. Therefore, we did not Fairness Act of 1996 (Pub. L. 104–121), consider the use of voluntary consensus we offered to assist small entities in This rule meets applicable standards standards. understanding the rule so that they in sections 3(a) and 3(b)(2) of Executive could better evaluate its effects on them Order 12988, Civil Justice Reform, to Environment and participate in the rulemaking minimize litigation, eliminate We have analyzed this rule under process. Small entities may contact the ambiguity, and reduce burden. Commandant Instruction M16475.lD,
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which guides the Coast Guard in Dated: October 4, 2005. public comment procedures are complying with the National J.A. Servidio, unnecessary. We find that this Environmental Policy Act of 1969 Captain, U.S. Coast Guard, Captain of the constitutes good cause under 5 U.S.C. (NEPA) (42 U.S.C. 4321–4370f), and Port, St Petersburg, Florida. 553(b)(B). have concluded that there are no factors [FR Doc. 05–21396 Filed 10–25–05; 8:45 am] I. Correction in this case that would limit the use of BILLING CODE 4910–15–P a categorical exclusion under section Correction for the Federal Register 2.B.2 of the Instruction. Therefore, this Document Published on August 1, 2005 rule is categorically excluded, under ENVIRONMENTAL PROTECTION (70 FR 44055) figure 2–1, paragraph (34)(g), of the AGENCY On August 1, 2005 we published a Instruction, from further environmental final rule approving the revised Salt documentation. 40 CFR Part 52 Lake City Carbon Monoxide This rule is a safety zone and [Docket # R08–OAR–2005–UT–0002; FRL– Maintenance Plan and related revisions therefore fits the category described in 7987–9] submitted by the Governor of Utah on paragraph (34)(g). An ‘‘Environmental October 19, 2004. When we published Analysis Check List’’ and a ‘‘Categorical Approval and Promulgation of Air this rule, within the regulatory text we Exclusion Determination’’ are not Quality Implementation Plans; State of incorrectly referred to the Utah required for this rule. Utah; State Implementation Plan Annotated Code using the acronym Corrections UACR instead of UAC. Therefore, we List of Subjects in 33 CFR Part 165 are correcting the regulatory text in 40 AGENCY: Environmental Protection Harbors, Marine safety, Navigation Agency (EPA). CFR 52.2320(c)(60) to replace all (water), Reporting and recordkeeping references to UACR with UAC. ACTION: Final rule; technical correction. requirements, Security measures, II. Statutory and Executive Order Waterways. SUMMARY: When EPA approved Utah Reviews I For the reasons discussed in the State Implementation Plan (SIP) revisions for the Salt Lake City Carbon Under Executive Order 12866 (58 FR preamble, the Coast Guard amends 33 51735, October 4, 1993), this action is CFR part 165 as follows: Monoxide (CO) Maintenance Plan and related Vehicle Inspection and not a ‘‘significant regulatory action’’ and Maintenance (I/M) Program for Salt therefore is not subject to review by the PART 165—REGULATED NAVIGATION Office of Management and Budget. For AREAS AND LIMITED ACCESS AREAS Lake County, we inadvertently used an invalid acronym for the Utah Annotated this reason, this action is also not subject to Executive Order 13211, I 1. The authority citation for part 165 Code. EPA is correcting this error with ‘‘Actions Concerning Regulations That continues to read as follows: this document. Significantly Affect Energy Supply, DATES: Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. This rule is effective on Distribution, or Use’’ (66 FR 28355, May Chapter 701; 50 U.S.C. 191, 195; 33 CFR November 25, 2005. 22, 2001). Because the agency has made 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. FOR FURTHER INFORMATION CONTACT: a ‘‘good cause’’ finding that this action 107–295, 116 Stat. 2064; Department of Domenico Mastrangelo, Air and is not subject to notice-and-comment Homeland Security Delegation No. 0170.1. Radiation Program, Environmental requirements under the Administrative Protection Agency (EPA), Region 8, I Procedure Act or any other statute as 2. A new section 165.T07–120 is Mailcode 8P–AR, 999 18th Street, Suite added to read as follows: indicated in the Supplementary 200, Denver, Colorado 80202–2466, Information section above, it is not § 165.T07–120 Safety zone; Tampa Bay, phone (303) 312–6436, and e-mail at: subject to the regulatory flexibility Florida. [email protected]. provisions of the Regulatory Flexibility (a) Regulated Area. The Coast Guard SUPPLEMENTARY INFORMATION: Act (5 U.S.C. 601 et seq.), or to sections is establishing a safety zone on the (i) Throughout this document, 202 and 205 of the Unfunded Mandates waters of the Intracoastal Waterway in wherever we, us or our is used it means Reform Act of 1995 (UMRA) (Pub. L. the vicinity of the Clearwater Memorial the Environmental Protection Agency. 104–4, 209 Stat. 48 (1995)). In addition, Bascule bridge. The safety zone (ii) The initials SIP mean or refer to this action does not significantly or encompasses all waters within a 1,000 State Implementation Plan. uniquely affect small governments or foot radius of the Clearwater Memorial (iii) The word State means the State impose a significant intergovernmental Bascule bridge located at 27°58′00″ N, of Utah, unless the context indicates mandate, as described in sections 203 82°48′17″ W. otherwise. and 204 of UMRA. Section 553 of the Administrative This rule also does not have tribal (b) Regulations. In accordance with Procedure Act, 5 U.S.C. 553(b)(B), implications because it will not have a the general regulations in § 165.23 of provides that when an agency for good substantial direct effect on one or more this part, entry into this Regulated Area cause finds that notice and public Indian tribes, on the relationship is prohibited to all vessels and persons procedures are impracticable, between the Federal Government and without the prior permission of the unnecessary, or contrary to the public Indian tribes, or on the distribution of Coast Guard Captain of the Port St interest, the agency may issue a rule power and responsibilities between the Petersburg or his designated without providing notice and an Federal Government and Indian tribes, representative. opportunity for public comment. We as specified by Executive Order 13175 (c) Effective Period. This Safety Zone have determined that there is good (65 FR 67249, November 9, 2000). This is effective from 7:30 a.m. on October 4, cause for making today’s rule final action also does not have Federalism 2005 through 2 p.m. on November 8, without prior proposal and opportunity implications because it does not have 2005 and will be enforced when a Coast for comment because we are merely substantial direct effects on the States, Guard and/or Pinellas County Sheriff correcting an incorrect acronym in a on the relationship between the national marine unit is on scene. previous rulemaking. Thus, notice and government and the States, or on the
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distribution of power and reasons therefore, and established an FOR FURTHER INFORMATION CONTACT: responsibilities among the various effective date of November 25, 2005. Priya Shrinivasan, Office of Engineering levels of government, as specified in EPA will submit a report containing this & Technology, (202) 418–7005. Executive Order 13132 (64 FR 43255, rule and other required information to SUPPLEMENTARY INFORMATION: This is a August 10, 1999). This rule also is not the U.S. Senate, the U.S. House of summary of the Commission’s Eighth subject to Executive Order 13045 Representatives, and the Comptroller Report and Order, ET Docket No. 00– ‘‘Protection of Children from General of the United States prior to 258, FCC 05–172, adopted September Environmental Health Risks and Safety publication of the rule in the Federal 23, 2005, and released September 29, Risks’’ (62 FR 19885, April 23, 1997), Register. This correction to the 2005. The full text of this document is because it is not economically identification of plan for Utah is not a available on the Commission’s Internet significant. ‘‘major rule’’ as defined by 5 U.S.C. site at http://www.fcc.gov. It is also This technical correction action does section 804(2). available for inspection and copying not involve technical standards; thus List of Subjects in 40 CFR Part 52 during regular business hours in the the requirements of section 12(d) of the FCC Reference Center (Room CY–A257), National Technology Transfer and Environmental protection, Air 445 12th Street, SW., Washington, DC Advancement Act of 1995 (15 U.S.C. pollution control, Carbon monoxide, 20554. The full text of this document 272 note) do not apply. The rule also Incorporation by reference, also may be purchased from the does not involve special consideration Intergovernmental relations, Reporting Commission’s duplication contractor, of environmental justice related issues and recordkeeping requirements. Best Copy and Printing Inc., Portals II, as required by Executive Order 12898 Dated: October 14, 2005. 445 12th St., SW., Room CY–B402, (59 FR 7629, February 16, 1994). In Washington, DC 20554; telephone (202) issuing this rule, EPA has taken Robert E. Roberts, 488–5300; fax (202) 488–5563; e-mail necessary steps to eliminate drafting Regional Administrator, Region VIII. [email protected]. errors and ambiguity, minimize I 40 CFR part 52 is amended to read as potential litigation, and provide a clear follows: Summary of the Report and Order legal standard for affected conduct, as 1. In the Eighth Report and Order required by section 3 of Executive Order PART 52—[CORRECTED] (‘‘Eighth R&O’’) in ET Docket No. 00– 12988 (61 FR 4729, February 7, 1996). I 1. The authority citation for Part 52 258, the Commission continues its EPA has complied with Executive Order continues to read as follows: ongoing efforts to promote spectrum 12630 (53 FR 8859, March 15, 1998) by utilization and efficiency with regard to examining the takings implications of Authority: 42 U.S.C. 7401 et seq. the provision of new services, including the rule in accordance with the ‘‘Attorney General’s Supplemental Subpart TT—UTAH Advanced Wireless Services (AWS). Guidelines for the Evaluation of Risk Advanced wireless systems could § 52.2320 [Amended] provide, for example, a wide range of and Avoidance of Unanticipated I 2. Section 52.2320 is amended in Takings’’ issued under the Executive voice, data and broadband services over paragraphs (c)(60) introductory text, Order. This rule does not impose an a variety of mobile and fixed networks. (c)(60)(i)(A), and (c)(60)(i)(B) by revising information collection burden under the Specifically, the Commission reallocates ‘‘UACR’’ to read ‘‘UAC’’ wherever it provisions of the Paperwork Reduction the 2155–2160 MHz band for Fixed and appears. Act of 1995 (44 U.S.C. 3501 et seq.). Mobile services and designates the EPA’s compliance with these statutes [FR Doc. 05–21266 Filed 10–25–05; 8:45 am] 2155–2175 MHz band for AWS use. and Executive Orders for the underlying BILLING CODE 6560–50–P 2. Based on the Commission’s rules is discussed in the August 1, 2005 determination that additional spectrum rule approving the revised Salt Lake is needed for AWS use, and because the City Carbon Monoxide Maintenance characteristics of the 2155–2175 MHz Plan and related revisions submitted by FEDERAL COMMUNICATIONS band make it well suited for such use, the Governor of Utah on October 19, COMMISSION concludes that designating this band for 2004. AWS will promote efficient use of the The Congressional Review Act (CRA), 47 CFR Part 2 spectrum and allow for the rapid 5 U.S.C. section 801 et seq., as added by introduction of high-value services in the Small Business Regulatory [ET Docket No. 00–258; FCC 05–172] the band. Because the 2155–2175 MHz Enforcement Fairness Act of 1996, band is adjacent to the 2110–2155 MHz generally provides that before a rule Advanced Wireless Services and 2175–2180 MHz bands that have may take effect, the agency already been designated for AWS, an AGENCY: promulgating the rule must submit a Federal Communications AWS designation for this band will rule report, which includes a copy of Commission. create 70 MHz of contiguous spectrum the rule, to each House of the Congress ACTION: Final rule. that will promote the rapid introduction and to the Comptroller General of the of new technologies and service SUMMARY: This document reallocates the United States. Section 808 allows the offerings, and will foster the use of the 2155–2160 MHz band for Fixed and issuing agency to make a rule effective highest potential spectrum. Mobile services and designates the sooner than otherwise provided by the Furthermore, designation of the 2155– 2155–2175 MHz band for Advanced CRA if the agency makes a good cause 2175 MHz band for AWS use is finding that notice and public procedure Wireless Service (AWS) use. We consistent with the Commission’s is impracticable, unnecessary or continue our ongoing efforts to promote previous decisions to designate contrary to the public interest. This spectrum utilization and efficiency with spectrum for AWS on a primary basis to determination must be supported by a regard to the provision of new services, support the types of high powered brief statement, 5 U.S.C. 808(2). As including Advanced Wireless Services mobile applications associated with stated previously, EPA has made such a (AWS). AWS and Broadband PCS expansion. In good cause finding, including the DATES: Effective November 25, 2005. addition, as proposed, the Commission
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allocates the 2155–2160 MHz band to A. Need for, and Objectives of, the 8. Multipoint Distribution Service, Fixed and Mobile services in order to Eighth Report and Order Multichannel Multipoint Distribution allow the provision of AWS in this 5. The Eighth Report and Order Service. Multichannel Multipoint band. Although commenters did not (Eighth R&O) reallocates the 2155–2160 Distribution Service (MMDS) systems, explicitly address the Commission’s MHz band for Fixed and Mobile services often referred to as ‘‘wireless cable,’’ proposal to add a Mobile allocation to and designates the 2155–2175 MHz transmit video programming to the 2155–2160 MHz band, such support band for the provision of advanced subscribers using the microwave is implicit in their support for wireless services (AWS). The Eighth frequencies of Multipoint Distribution redesignating the 2155–2175 MHz band R&O is the latest in a series of decisions Service (MDS) and Instructional for AWS use because a Mobile in ET Docket 00–258 allocating Television Fixed Service (ITFS).9 In allocation is essential for the provision spectrum that can be used for the connection with the 1996 MDS auction, of AWS. provision of new and innovative the Commission defined ‘‘small business’’ as an entity that, together 3. The Commission notes that it does wireless communications services that we have collectively referred to as with its affiliates, has average gross not decide here how to assign this new ‘‘AWS.’’ The provision of this spectrum annual revenues that are not more than AWS spectrum at 2155–2175 MHz but serves the public interest by promoting $40 million for the preceding three will consider this issue in a separate the rapid deployment of efficient radio calendar years. The SBA has approved service rules proceeding at a later date. communications facilities and supports of this standard.10 The MDS auction It also notes that a current bilateral the goals of Section 7 of the resulted in 67 successful bidders agreement in the 2155–2160/62 kHz Communications Act,4 which sets forth obtaining licensing opportunities for band between the United States and a policy of encouraging the provision of 493 Basic Trading Areas (BTAs).11 Of Canada provides for coordinated use of new technologies and services to the the 67 auction winners, 61 claimed Broadband Radio Service (BRS) and public. status as a small business. At this time, Educational Broadband Service (EBS) we estimate that of the 61 small along the common border. The sharing B. Summary of Significant Issues Raised business MDS auction winners, 48 of the 2160/62–2175 MHz band between by Public Comments in Response to the remain small business licensees. In Supplemental IRFA the United States and Canada is covered addition to the 48 small businesses that by Arrangement A of the Agreement 6. There were no comments filed that hold BTA authorizations, there are Concerning the Coordination and Use of specifically addressed the rules and approximately 392 incumbent MDS Radio Frequencies Above Thirty policies proposed in the IRFA. licensees that have gross revenues that Megacycles per Second, with Annex, as C. Description and Estimate of the are not more than $40 million and are 12 amended. There are no agreements with Number of Small Entities To Which thus considered small entities. Mexico in the 2155–2175 MHz band. Rules Will Apply 9. In addition, the SBA has developed Accordingly, the Commission notes that 7. The RFA directs agencies to a small business size standard for Cable 13 there may be a need to negotiate new or provide a description of and, where and Other Program Distribution, modified agreements to provide for feasible, an estimate of the number of more flexible use of the spectrum with entities that will be affected by the 9 Amendment of Parts 21 and 74 of the Canada and Mexico along the common rules.5 The RFA defines ‘‘small entity’’ Commission’s Rules with Regard to Filing borders. Procedures in the Multipoint Distribution Service as having the same meaning as the term and in the Instructional Television Fixed Service Final Regulatory Flexibility Analysis ‘‘small business,’’ ‘‘small organization,’’ and Implementation of Section 309(j) of the and ‘‘small governmental jurisdiction.’’ 6 Communications Act—Competitive Bidding, Report and Order, 10 FCC Rcd 9589, 9593, paragraph 7 4. As required by the Regulatory In addition, the term ‘‘small business’’ (1995) (‘‘MDS Auction R&O’’). The MDS and ITFS Flexibility Act (RFA) 1 an Initial has the same meaning as the term was renamed the Broadband Radio Service (BRS) Regulatory Flexibility Analysis was ‘‘small business concern’’ under the and Educational Broadband Service (EBS), incorporated in the Third Notice of Small Business Act, unless the respectively. See Amendment of Parts 1, 21, 73, 74 and 101 of the Commission’s Rules to Facilitate the Proposed Rule Making (Third NPRM) in Commission has developed one or more Provision of Fixed and Mobile Broadband Access, ET Docket 00–258, 68 FR 12015, March definitions that are appropriate to its Educational and Other Advanced Services in the 13, 2003.2 The Commission sought activities.7 Under the Small Business 2150–2162 MHz Band, WT Docket No. 03–66, written public comment on the Act, a ‘‘small business concern’’ is one Report and Order and Further Notice of Proposed that: (1) Is independently owned and Rulemaking, 19 FCC Rcd 14165 (2004). proposals in the Third NPRM, including 10 See Letter to Margaret Wiener, Chief, Auctions comment on the IRFA. This Final operated; (2) is not dominant in its field and Industry Analysis Division, Wireless Regulatory Flexibility Analysis (FRFA) of operation; and (3) meets any Telecommunications Bureau, FCC, from Gary conforms to the RFA.3 additional criteria established by the Jackson, Assistant Administrator for Size Standards, Small Business Administration (SBA).8 Small Business Administration (dated Mar. 20, 2003) (noting approval of $40 million size standard 1 See 5 U.S.C. 603. The RFA, see 5 U.S.C 601 et for MDS auction). seq., has been amended by the Contract With 4 47 U.S.C. 157. 11 Basic Trading Areas (BTAs) were designed by America Advancement Act of 1996, Pub. L. 104– 5 5 U.S.C. 603(b)(3), 604(a)(3). Rand McNally and are the geographic areas by 121, 110 Stat. 847 (1996) (CWAAA). Title II of the 6 5 U.S.C. 601(6). which MDS was auctioned and authorized. See CWAAA is the Small Business Regulatory 7 5 U.S.C. 601(3) (incorporating by reference the MDS Auction R&O, 10 FCC Rcd at 9608, paragraph Enforcement Fairness Act of 1996 (SBREFA). definition of ‘‘small business concern’’ in 15 U.S.C. 34. 2 Amendment of Part 2 of the Commission’s Rules 632). Pursuant to 5 U.S.C. 601(3), the statutory 12 47 U.S.C. 309(j). Hundreds of stations were to Allocate Spectrum Below 3 GHz for Mobile and definition of a small business applies ‘‘unless an licensed to incumbent MDS licensees prior to Fixed Services to Support the Introduction of New agency after consultation with the Office of implementation of section 309(j) of the Advanced Wireless Services, including Third Advocacy of the Small Business Administration Communications Act of 1934, 47 U.S.C. 309(j). For Generation Wireless Systems, ET Docket No. 00– and after opportunity for public comment, these pre-auction licenses, the applicable standard 258, IB Docket No. 99–81, Third Report and Order, established one or more definitions of such term is SBA’s small business size standard for ‘‘other Third Notice of Proposed Rulemaking and Second which are appropriate to the activities of the agency telecommunications’’ (annual receipts of $12.5 Memorandum Opinion and Order, 18 FCC Rcd 2223 and publishes such definition in the Federal million or less). See 13 CFR 121.201, NAICS code (2003). Register.’’ 517910. 3 5 U.S.C. 604. 8 15 U.S.C. 632. 13 13 CFR 121.201, NAICS code 517510.
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which includes all such companies total, 965 firms had employment of 999 the potential economic impact on small generating $12.5 million or less in or fewer employees, and an additional entities. Specifically, because annual receipts.14 According to Census twelve firms had employment of 1,000 incumbent users in the 2155–2160 MHz Bureau data for 1997, there were a total employees or more.22 Thus, under this band are subject to a transition plan of 1,311 firms in this category that had size standard, majority of firms can be adopted in a separate proceeding and operated for the entire year.15 Of this considered small. We note that the would ultimately be required to cease total, 1,180 firms had annual receipts of number of firms does not necessarily use of spectrum in this band, a decision under $10 million, and an additional 52 track the number of licensees. We to not reallocate the spectrum would firms had receipts of $10 million or estimate that all of the Fixed Microwave only have a minimal, short-term effect more but less than $25 million.16 licensees (excluding broadcast auxiliary on incumbent users yet make it much Consequently, we estimate that the licensees) would qualify as small more likely that valuable spectrum majority of providers in this service entities under the SBA definition. resources would lie fallow. category are small businesses that may D. Description of Projected Reporting, Additionally, the provision of be affected by the proposed rules and Recordkeeping, and Other Compliance additional spectrum that can be used to policies. Because the Commission’s Requirements support AWS can directly benefit small action only affects MDS operations in 11. The Eighth R&O reallocates the business entities by providing new the 2155–2160/62 MHz band, the actual opportunities for the provision of number of MDS providers who will be 2155–2160 MHz band and designates the 2155–2175 MHz band to support the innovative new fixed and mobile affected by the proposed reallocation wireless services by such entities. will only represent a small fraction of introduction of new AWS applications. these small businesses. The item does not propose service rules. F. Report to Congress 10. Fixed Microwave Services. The ultimate use of the band will be Microwave services include common determined by future proceedings that 14. The Commission will send a copy carrier,17 private-operational fixed,18 adopt specific service rules and, more of the Eighth R&O, including this FRFA, and broadcast auxiliary radio services.19 generally, by market forces operating in a report to be sent to Congress At present, there are approximately within the framework of such rules. pursuant to the SBREFA.24 In addition, 36,708 common carrier fixed licensees Accordingly, the item contains no new the Commission will send a copy of the and 59,291 private operational-fixed reporting, recordkeeping, or other Eighth R&O, including the FRFA, to the licensees and broadcast auxiliary radio compliance requirements. Chief Counsel for Advocacy of the SBA. A copy of the Eighth R&O and the FRFA licensees in the microwave services. E. Steps Taken To Minimize Significant (or summaries thereof) will also be The Commission has not yet defined a Economic Impact on Small Entities and published in the Federal Register.25 small business with respect to Significant Alternatives Considered microwave services. For purposes of the Ordering Clauses FRFA, we will use the SBA’s definition 12. The RFA requires an agency to describe any significant alternatives that applicable to Cellular and other 15. Pursuant to Sections 1, 4(i), 7(a), it has considered in reaching its Wireless Telecommunications 301, 303(f), 303(g), 303(r), 307, 316, 332 proposed approach, which may include companies—i.e., an entity with no more of the Communications Act of 1934, as 20 the following four alternatives (among than 1,500 persons. According to amended, 47 U.S.C. Sections 151, 154(i), others): (1) The establishment of Census Bureau data for 1997, there were 157(a), 301, 303(f), 303(g), 303(r), 307, differing compliance or reporting 977 firms in this category, total, that 316, and 332, this Eighth Report and operated for the entire year.21 Of this requirements or timetables that take into account the resources available to small Order is Adopted and that part 2 of the Commission’s rules is amended, as 14 entities; (2) the clarification, Id. specified in the regulatory text, effective 15 U.S. Census Bureau, 1997 Economic Census, consolidation, or simplification of Subject Series: Information, ‘‘Establishment and compliance or reporting requirements November 25, 2005. Firm Size (Including Legal Form of Organization),’’ under the rule for small entities; (3) the 16. Pursuant to Section 5(c) of the Table 4 (issued October 2000). Communications Act, as amended, 47 16 Id. use of performance, rather than design, 17 47 CFR part 101 et seq. (formerly, part 21 of standards; and (4) an exemption from U.S.C. 155(c), the Office of Engineering the Commission’s rules) for common carrier fixed coverage of the rule, or any part thereof, and Technology and the Wireless microwave services (except MDS). for small entities.23 Telecommunications Bureau Are 18 Persons eligible under parts 80 and 90 of the 13. In the Eighth R&O, we decided to Granted Delegated Authority to Commission’s rules can use Private-Operational provide additional spectrum to support Fixed Microwave services. See 47 CFR Parts 80 and implement the requirement set forth in 90. Stations in this service are called operational- the introduction of AWS because doing this Order. fixed to distinguish them from common carrier and so will promote the rapid deployment of 17. The Commission’s Consumer and public fixed stations. Only the licensee may use the efficient radio communications. Governmental Affairs Bureau, Reference operational-fixed station, and only for Another option would have been to not communications related to the licensee’s Information Center, shall send a copy of commercial, industrial, or safety operations. reallocate or designate the 2155–2160 this Eighth Report and Order, including 19 Auxiliary Microwave Service is governed by MHz band. We rejected this alternative the Final Regulatory Flexibility Analysis Part 74 of Title 47 of the Commission’s rules. See because doing so would have limited to the Chief Counsel for Advocacy of the 47 CFR, part 74 et seq. Available to licensees of our ability to provide additional broadcast stations and to broadcast and cable Small Business Administration. network entities, broadcast auxiliary microwave spectrum and done little to minimize stations are used for relaying broadcast television List of Subjects in 47 CFR Part 2 signals from the studio to the transmitter, or Firms Subject to Federal Income Tax: 1997,’’ Table between two points such as a main studio and an 5 (issued Oct. 2000). Communications equipment, auxiliary studio. The service also includes mobile 22 Id. The census data do not provide a more Reporting and recordkeeping TV pickups, which relay signals from a remote precise estimate of the number of firms that have requirements. location back to the studio. employment of 1,500 or fewer employees; the 20 13 CFR 121.201, NAICS code 517212. largest category provided is ‘‘Firms with 1,000 21 U.S. Census Bureau, 1997 Economic Census, employees or more.’’ 24 See 5 U.S.C. 801(a)(1)(A). Subject Series: Information, ‘‘Employment Size of 23 5 U.S.C. 603(c). 25 See 5 U.S.C. 604(b).
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Federal Communications Commission. PART 2—FREQUENCY ALLOCATIONS I 2. Section 2.106, the Table of Marlene H. Dortch, AND RADIO TREATY MATTERS; Frequency Allocations, is amended by Secretary. GENERAL RULES AND REGULATIONS revising page 34. Final Rule The revisions read as follows: I 1. The authority citation for part 2 I For the reasons discussed in the continues to read as follows: § 2.106 Table of Frequency Allocations. preamble, the Federal Communications Authority: 47 U.S.C. 154, 302a, 303, and * * * * * Commission amends 47 CFR part 2 as 336, unless otherwise noted. BILLING CODE 6712–01–P follows:
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* * * * * and the accompanying Eighth Report licensees to file information effective [FR Doc. 05–21406 Filed 10–25–05; 8:45 am] and Order in ET Docket No. 00–258, upon publication of the Order in the BILLING CODE 6712–01–C FCC 05–172. Currently, neither the Federal Register. The Commission has Commission nor the public has reliable provided BRS licensees with ample time information on the construction status to file the required information and the FEDERAL COMMUNICATIONS and/or operational parameters of each ability to use the ULS to submit the COMMISSION BRS system in the 2150–2160/62 MHz information easily. As noted, reliable band that would be subject to data on each incumbent system that 47 CFR Part 2 relocation. Pursuant to Section 4(i) of would be subject to relocation is [ET Docket No. 00–258; FCC 05–172] the Communications Act, 47 U.S.C. essential well in advance of the planned 154(i), the Commission believes that auction of the 2150–2155 MHz band Advanced Wireless Services reliable, public data on each incumbent next year. system that would be subject to 2. Pursuant to Section 4(i) of the AGENCY: Federal Communications relocation is essential well in advance of Communications Act, as amended, 47 Commission. the planned auction of the 2150–2155 U.S.C. 154(i), this Order is adopted, ACTION: Final rule. MHz band next year. It notes that the October 26, 2005. The Order contains information required would ultimately information collection requirements SUMMARY: In this document, the be necessary in the context of relocation subject to the Paperwork Reduction Act Commission requires Broadband Radio negotiations. Because the Commission of 1995 (PRA), Public Law 104–13, that Service (BRS) licensees in the 2150– are not effective until approved by the now licenses the BRS service on the 2160/62 MHz band to provide Office of Management and Budget basis of geographic licensing areas, BRS information on the construction status (OMB). licensees will be required to submit and operational parameters of each 3. Pursuant to Section 5(c) of the information on the locations and incumbent BRS system that would be Communications Act, as amended, 47 operating characteristics of BRS systems the subject of relocation. U.S.C. 155(c), the Office of Engineering (e.g., the location of base or fixed DATES: Effective October 26, 2005. and Technology and the Wireless stations by coordinates, tower heights, Telecommunications Bureau Are FOR FURTHER INFORMATION CONTACT: power levels, etc.) in the 2150–2160/62 Granted Delegated Authority to Priya Shrinivasan, Office of Engineering MHz band, on other system implement the requirement set forth in & Technology, (202) 418–7005. characteristics of BRS incumbents (e.g., this Order. SUPPLEMENTARY INFORMATION: This is a subscriber numbers and types of summary of the Commission’s Order, ET equipment used), and on categories of Federal Communications Commission. Docket No. 00–258, FCC 05–172, services provided (e.g., one-way or two- Marlene H. Dortch, adopted September 23, 2005, released way service, point-to-point or point-to- Secretary. September 29, 2005. The full text of this multipoint operations, data or analog [FR Doc. 05–21408 Filed 10–25–05; 8:45 am] document is available on the video service). The Commission also BILLING CODE 6712–01–P Commission’s Internet site at http:// will require BRS licensees to provide www.fcc.gov. It is also available for this information even if the spectrum is inspection and copying during regular leased to third parties. Further, because FEDERAL COMMUNICATIONS business hours in the FCC Reference the Commission proposes relocation on COMMISSION Center (Room CY–A257), 445 12th a link-by-link basis, BRS licensees will 47 CFR Part 64 Street, SW., Washington, DC 20554. The be required, as part of the information full text of this document also may be on system design in the band, to provide [CC Docket No. 98–170 and CG Docket No. purchased from the Commission’s the number of links (including the 04–208; FCC 05–55] duplication contractor, Best Copy and connection between a base station and Printing Inc., Portals II, 445 12th St., subscriber premises equipment) within Truth-in-Billing and Billing Format; SW., Room CY–B402, Washington, DC the system for both point-to-point and National Association of State Utility 20554; telephone (202) 488–5300; fax point-to-multipoint systems. To the Consumer Advocates’ Petition for (202) 488–5563; e-mail extent that a system uses both BRS Declaratory Ruling Regarding Truth-in- [email protected]. channels 1 and 2 as part of the same Billing service (e.g., as a link to a two-way data Summary of the Order AGENCY: Federal Communications service), BRS licensees will be required Commission. 1. In order to assist the Commission to make special note of this when ACTION: Final rule; announcement of in determining the scope of the new providing their system information. The effective date. Advanced Wireless Services (AWS) Commission notes that this list is not entrants’ obligation to relocate certain inclusive. This information will be SUMMARY: In this document, the incumbent licensees in the 2150–2162 collected through the Commission’s Commission announces that the Office MHz band, the Commission will require Universal Licensing System (ULS) and of Management and Budget (OMB) has Broadband Radio Service (BRS) made available to the public. To further approved for three years the information licensees in the 2150–2160/62 MHz this process, the Commission has collections contained in the Truth-in- band to provide the information to the delegated authority to the Office of Billing and Billing Format; National Commission within 60 days and 120 Engineering and Technology and the Association of State Utility Consumer days of the effective date of this Order Wireless Telecommunications Bureau to Advocates’ Petition for Declaratory (the filing dates will correspond to issue public notices setting forth the Ruling Regarding Truth-in-Billing, information collection requirements for specific data required of BRS licensees, Second Report and Order, Declaratory the Commission’s Universal Licensing when it is to be filed and the procedures Ruling, and Second Further Notice of System). The Commission reallocated for filing this information. Finally, the Proposed Rulemaking (Second Report this spectrum for AWS by Report and Commission finds that there is good and Order). The information collections Order, 68 FR 3455, January 24, 2003, cause to make the requirement for BRS contained in the Second Report and
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Order, were approved by OMB on Paperwork Reduction Act that does not This document does not contain [new September 15, 2005. The Second Report display a valid OMB Control Number. or modified] information collection and Order states that the Commission The foregoing notice is required by requirements subject to the Paperwork will publish a document in the Federal the Paperwork Reduction Act of 1995, Reduction Act of 1995 (PRA), Public Register announcing the effective date Public Law 104–13, October 1, 1995, 44 Law 104–13. In addition, therefore, it of this rule. U.S.C. 3507. does not contain any new or modified DATES: 47 CFR 64.2400(b) published at Federal Communications Commission. ‘‘information collection burden for 70 FR 29979 (May 25, 2005) is effective Marlene H. Dortch, small business concerns with fewer than October 26, 2005. Secretary. 25 employees,’’ pursuant to the Small Business Paperwork Relief Act of 2002, FOR FURTHER INFORMATION CONTACT: [FR Doc. 05–21295 Filed 10–25–05; 8:45 am] Public Law 107–198, see 44 U.S.C. Richard Smith, Policy Division, BILLING CODE 6712–01–P Consumer & Governmental Affairs 3506(c)(4). Bureau at (202) 418–2512. The Commission will send a copy of this Report & Order in a report to SUPPLEMENTARY INFORMATION: This FEDERAL COMMUNICATIONS Congress and the Government document announces that, on COMMISSION Accountability Office pursuant to the September 15, 2005, OMB approved for Congressional Review Act, see 5 U.S.C. three years the information collections 47 CFR Part 73 801(a)(1)(A). contained in 47 CFR 64.2400(b), [DA 05–2657, MB Docket No. 03–156, RM– published at 70 FR 29979 (May 25, 10721] List of Subjects in 47 CFR Part 73 2005). The OMB Control Number is Digital television broadcasting, 3060–0854. The Commission publishes Digital Television Broadcast Service; Television. Laredo, TX this notice of the effective date of the I Part 73 of Title 47 of the Code of rule. If you have any comments on the AGENCY: Federal Communications Federal Regulations is amended as burden estimates listed below, or how Commission. follows: the Commission can improve the ACTION: Final rule. collections and reduce any burdens PART 73—[AMENDED] caused thereby, please write to Leslie F. SUMMARY: The Commission, at the I 1. The authority citation for Part 73 Smith, Federal Communications request of Eagle Creek Broadcasting of continues to read as follows: Commission, Room 1–A804, 445 12th Laredo, LLC, substitutes DTV channel Street, SW., Washington, DC 20554. 31 for KVTV’s assigned DTV channel Authority: 47 U.S.C. 154, 303, 334 and 336. Please include the OMB Control 14. See 68 FR 42662 (July 18, 2003). § 73.622 [Amended] Number, 3060–0854, in your DTV channel 31 can be allotted to correspondence. The Commission will Laredo, Texas, in compliance with the I 2. Section 73.622(b), the Table of also accept your comments via the principle community coverage Digital Television Allotments under Internet if you send them to requirements of Section 73.625(a) at Texas, is amended by removing DTV [email protected], or you may call reference coordinates 27–31–19 N. and channel 14 and adding DTV channel 31 (202) 418–0217. 99–31–19 W. with a power of 200, at Laredo. To request materials in accessible HAAT of 262 meters and with a DTV Federal Communications Commission. formats for people with disabilities service population of 140 thousand. Barbara A. Kreisman, (Braille, large print, electronic files, Since the community of Laredo is Chief, Video Division, Media Bureau. audio format), send an e-mail to located within 275 kilometers of the [FR Doc. 05–21296 Filed 10–25–05; 8:45 am] [email protected] or call the Consumer & U.S.-Mexico border, concurrence from BILLING CODE 6712–01–P Governmental Affairs Bureau at (202) the Mexican government has been 418–0530 (voice), (202) 418–0432 obtained for this allotment. With this (TTY). action, this proceeding is terminated. FEDERAL COMMUNICATIONS Synopsis DATES: Effective November 25, 2005. COMMISSION FOR FURTHER INFORMATION CONTACT: Pam As required by the Paperwork 47 CFR Part 73 Reduction Act of 1995 (44 U.S.C. 3507), Blumenthal, Media Bureau, (202) 418– the FCC is notifying the public that it 1600. [DA 05–2659; MB Docket No. 04–376; RM– received approval from OMB on SUPPLEMENTARY INFORMATION: This is a 11039] September 15, 2005, for the collections synopsis of the Commission’s Report of information contained in 47 CFR and Order, MB Docket No. 03–156, Radio Broadcasting Services; Haven 64.2400(b). The total annual reporting adopted October 4, 2005, and released and Hutchinson, KS burden associated with this collection of October 11, 2005. The full text of this AGENCY: Federal Communications information, including the time for document is available for public Commission. gathering and maintaining the inspection and copying during regular ACTION: Final rule. collections of information, is estimated business hours in the FCC Reference to be: 5,309 respondents, a total annual Information Center, Portals II, 445 12th SUMMARY: The Audio Division, at the hourly burden of 4,636,942 hours, and Street, SW., Room CY–A257, request of Ad Astra per Aspera $15,418,000 in total annual costs. Under Washington, DC. This document may Broadcasting, Inc., reallots Channel 5 CFR 1320, an agency may not conduct also be purchased from the 246C2 from Hutchinson to Haven, or sponsor a collection of information Commission’s duplicating contractor, Kansas, and modifies Station unless it displays a current, valid OMB Best Copy and Printing, Inc., 445 12th KSKU(FM)’s license accordingly. See 69 Control Number. Street, SW., Room CY–B402, FR 60344, October 8, 2004. Channel No person shall be subject to any Washington, DC 20554, telephone 301– 246C2 can be allotted to Haven in penalty for failing to comply with a 816–2820, facsimile 301–816–0169, or compliance with the Commission’s collection of information subject to the via-e-mail [email protected]. minimum distance separation
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requirements with a site restriction of § 73.202 [Amended] and Order, MM Docket No. 01–219, 24.9 kilometers (15.5 miles) southeast at I 2. Section 73.202(b), the Table of FM adopted October 4, 2005, and released petitioner’s requested site. The reference Allotments under Kansas, is amended October 6, 2005. The full text of this coordinates for Channel 246C2 at Haven by removing Channel 246C2 at Commission decision is available for are 37–47–47 North Latitude and 97– Hutchinson; and by adding Haven, inspection and copying during normal 31–59 West Longitude. Channel 246C2. business hours in the FCC Information Center, Portals II, 445 12th Street, SW., DATES: Effective November 21, 2005. Federal Communications Commission. Room CY–A257, Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: John A. Karousos, Sharon P. McDonald, Media Bureau, The complete text of this decision also Assistant Chief, Audio Division, Media may be purchased from the (202) 418–2180. Bureau. SUPPLEMENTARY INFORMATION: This is a Commission’s duplicating contractor, [FR Doc. 05–21299 Filed 10–25–05; 8:45 am] Best Copy and Printing, Inc., 445 12th synopsis of the Commission’s Report BILLING CODE 6712–01–P and Order, MB Docket No. 04–376, Street, SW., Room CY–B402, adopted October 4, 2005, and released Washington, DC, 20554, (800) 378–3160, or via the company’s Web site, October 6, 2005. The full text of this FEDERAL COMMUNICATIONS Commission decision is available for COMMISSION www.bcpiweb.com. The Commission inspection and copying during normal will send a copy of this Report and business hours in the FCC Information 47 CFR Part 73 Order in a report to be sent to Congress Center, Portals II, 445 12th Street, SW., and the Government Accountability [DA 05–2660; MM Docket No. 01–219, RM– Office pursuant to the Congressional Room CY–A257, Washington, DC 20554. 10238] The complete text of this decision also Review Act, see U.S.C. 801(a)(1)(A). may be purchased from the Radio Broadcasting Services; Rule, TX List of Subjects in 47 CFR part 73 Commission’s duplicating contractor, AGENCY: Federal Communications Best Copy and Printing, Inc., 445 12th Radio, Radio broadcasting. Commission. Street, SW., Room CY–B402, I Part 73 of title 47 of the Code of Washington, DC, 20554, (800) 378–3160, ACTION: Final rule. Federal Regulations is amended as or via the company’s Web site, http:// SUMMARY: The Audio Division, at the follows: www.bcpiweb.com. The Commission request of Jeraldine Anderson, allots PART 73—RADIO BROADCAST will send a copy of this Report and Channel 253A at Rule, Texas, as the SERVICES Order in a report to be sent to Congress community’s second local FM service. and the Government Accountability Channel 253A can be allotted to Rule, I 1. The authority citation for Part 73 Office pursuant to the Congressional Texas, in compliance with the continues to read as follows: Review Act, see U.S.C. 801(a)(1)(A). Commission’s minimum distance Authority: 47 U.S.C. 154, 303, 334 and 336. List of Subjects in 47 CFR part 73 separation requirements with a site restriction of 3.2 km (2.0 miles) § 73.202 [Amended] Radio, Radio broadcasting. southwest of Rule. The coordinates for I Part 73 of title 47 of the Code of Channel 253A at Rule, Texas, are 33– I 2. Section 73.202(b), the Table of FM Federal Regulations is amended as 10–17 North Latitude and 99–55–24 Allotments under Texas, is amended by follows: West Longitude. adding Channel 253A at Rule. PART 73—RADIO BROADCAST DATES: Effective November 21, 2005. Federal Communications Commission. SERVICES FOR FURTHER INFORMATION CONTACT: John A. Karousos, Deborah Dupont, Media Bureau, (202) Assistant Chief, Audio Division, Media I 1. The authority citation for Part 73 418–2180. Bureau. continues to read as follows: SUPPLEMENTARY INFORMATION: This is a [FR Doc. 05–21298 Filed 10–25–05; 8:45 am] Authority: 47 U.S.C. 154, 303, 334 and 336. synopsis of the Commission’s Report BILLING CODE 6712–01–P
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Proposed Rules Federal Register Vol. 70, No. 206
Wednesday, October 26, 2005
This section of the FEDERAL REGISTER Actions filed by administrative law Planning Branch, Mailcode 3AP21, U.S. contains notices to the public of the proposed judges. Environmental Protection Agency, issuance of rules and regulations. The Region III, 1650 Arch Street, Bentley M. Roberts, purpose of these notices is to give interested Philadelphia, Pennsylvania 19103. persons an opportunity to participate in the Clerk of the Board. E. Hand Delivery: At the previously rule making prior to the adoption of the final [FR Doc. 05–21389 Filed 10–25–05; 8:45 am] rules. listed EPA Region III address. Such BILLING CODE 7400–01–P deliveries are only accepted during the Docket’s normal hours of operation, and MERIT SYSTEMS PROTECTION special arrangements should be made BOARD ENVIRONMENTAL PROTECTION for deliveries of boxed information. AGENCY Instructions: Direct your comments to 5 CFR Part 1201 RME ID No. R03–OAR–2005–PA–0015. 40 CFR Part 52 EPA’s policy is that all comments Filing of Constructive Removal [R03–OAR–2005–PA–0015; FRL–7988–3] received will be included in the public Complaints by Administrative Law docket without change, and may be Judges; Reopening of the Comment Approval and Promulgation of Air made available online at http:// Period Quality Implementation Plans; docket.epa.gov/rmepub/, including any Pennsylvania; VOC and NOX RACT personal information provided, unless AGENCY: Merit Systems Protection Determinations for Two Individual the comment includes information Board. Sources claimed to be Confidential Business Information (CBI) or other information ACTION: AGENCY: Environmental Protection Proposed rule; reopening of the whose disclosure is restricted by statute. Agency (EPA). comment period. Do not submit information that you ACTION: Proposed rule. consider to be CBI or otherwise SUMMARY: The Merit Systems Protection protected through RME, regulations.gov Board (MSPB or ‘‘the Board’’) is SUMMARY: EPA proposes to approve revisions to the Commonwealth of or e-mail. The EPA RME and the Federal reopening the comment period for a regulations.gov websites are an proposed rule published in the Federal Pennsylvania State Implementation Plan (SIP). The revisions were submitted by ‘‘anonymous access’’ system, which Register on August 16, 2005 (70 FR means EPA will not know your identity 48081). The proposed rule revised 5 the Pennsylvania Department of Environmental Protection (PADEP) to or contact information unless you CFR 1201.142 and concerned the filing establish and require reasonably provide it in the body of your comment. of constructive removal complaints by available control technology (RACT) for If you send an e-mail comment directly administrative law judges. The Board is two major sources of volatile organic to EPA without going through RME or reopening the comment period because compounds (VOC) and nitrogen oxides regulations.gov, your e-mail address of the widespread disruption caused by will be automatically captured and (NOX) pursuant to the Commonwealth hurricanes Rita and Katrina. of Pennsylvania’s (Pennsylvania or the included as part of the comment that is placed in the public docket and made DATES: Written comments should be Commonwealth) SIP-approved generic RACT regulations. EPA is proposing to available on the Internet. If you submit submitted on or before November 25, an electronic comment, EPA 2005. approve these revisions in accordance with the Clean Air Act (CAA). recommends that you include your name and other contact information in ADDRESSES: Send or deliver comments DATES: Written comments must be to the Office of Clerk of the Board, U.S. the body of your comment and with any received on or before November 25, disk or CD–ROM you submit. If EPA Merit Systems Protection Board, 1615 M 2005. Street, NW., Washington, DC 20419; cannot read your comment due to ADDRESSES: technical difficulties and cannot contact (202) 653–7200; fax: (202) 653–7130; or Submit your comments, identified by Regional Material in you for clarification, EPA may not be e-mail: [email protected]. EDocket (RME) ID Number R03–OAR– able to consider your comment. FOR FURTHER INFORMATION CONTACT: 2005–PA–0015 by one of the following Electronic files should avoid the use of Bentley Roberts, Clerk of the Board, methods: special characters, any form of Merit Systems Protection Board, 1615 M A. Federal eRulemaking Portal: encryption, and be free of any defects or Street, NW., Washington, DC 20419; http://www.regulations.gov. Follow the viruses. (202) 653–7200; fax: (202) 653–7130; or on-line instructions for submitting Docket: All documents in the e-mail: [email protected]. comments. electronic docket are listed in the RME B. Agency Web site: http:// index at http://docket.epa.gov/rmepub/. SUPPLEMENTARY INFORMATION: The docket.epa.gov/rmepub/ RME, EPA’s Although listed in the index, some Board’s original notice of the proposed electronic public docket and comment information is not publicly available, rule (70 FR 48081) contains the relevant system, is EPA’s preferred method for i.e., CBI or other information whose supplementary information. receiving comments. Follow the on-line disclosure is restricted by statute. List of Subjects in Part 1201 instructions for submitting comments. Certain other material, such as C. E-mail: [email protected]. copyrighted material, is not placed on Administrative personnel, Actions D. Mail: R03–OAR–2005–PA–0015, the Internet and will be publicly against administrative law judges, Makeba Morris, Chief, Air Quality available only in hard copy form.
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Publicly available docket materials are determined by its location, the VOC and NOX. Pursuant to the SIP- available either electronically in RME or classification of that area and whether it approved generic RACT rules, PADEP in hard copy during normal business is located in the ozone transport region imposes RACT on each subject source in hours at the Air Protection Division, (OTR). Under section 184 of the CAA, an enforceable document, usually a Plan U.S. Environmental Protection Agency, RACT as specified in sections 182(b)(2) Approval (PA) or Operating Permit (OP). Region III, 1650 Arch Street, and 182(f) applies throughout the OTR. The Commonwealth then submits these Philadelphia, Pennsylvania 19103. The entire Commonwealth is located PAs and OPs to EPA for approval as Copies of the State submittal are within the OTR. Therefore, RACT is source-specific SIP revisions. EPA available at the Pennsylvania applicable statewide in Pennsylvania. reviews these SIP revisions to ensure Department of Environmental State implementation plan revisions that the Pennsylvania DEP has Protection, Bureau of Air Quality, P.O. imposing RACT for three classes of VOC determined and imposed RACT in Box 8468, 400 Market Street, Harrisburg, sources are required under section accordance with the provisions of the Pennsylvania 17105. 182(b)(2). The categories are: SIP-approved generic RACT rules. FOR FURTHER INFORMATION CONTACT: (1) All sources covered by a Control It must be noted that the Pauline De Vose, (215) 814–2186, or by Technique Guideline (CTG) document Commonwealth has adopted and is e-mail at [email protected]. issued between November 15, 1990 and implementing additional ‘‘post RACT SUPPLEMENTARY INFORMATION: On August the date of attainment; requirements’’ to reduce seasonal NOX 15, 2003, PADEP submitted revisions to (2) All sources covered by a CTG emissions in the form of a NOX cap and the Pennsylvania SIP. These SIP issued prior to November 15, 1990; and trade regulation, 25 Pa Code Chapters revisions consist of source-specific (3) All major non-CTG sources. 121 and 123, based upon a model rule operating permits and/or plan approvals The Pennsylvania SIP already has developed by the States in the OTR. issued by PADEP to establish and approved RACT regulations and That regulation was approved as SIP require RACT for two sources included requirements for all sources and source revision on June 6, 2000 (65 FR 35842). in Pennsylvania’s submittal letter categories covered by the CTGs. The Pennsylvania has also adopted 25 Pa pursuant to Pennsylvania’s SIP- Pennsylvania SIP also has approved Code Chapter 145 to satisfy Phase I of approved generic RACT regulations. regulations to require major sources of the NOX SIP call. That regulation was This proposed rulemaking covers the NOX and additional major sources of approved as a SIP revision on August Commonwealth’s source-specific RACT VOC emissions (not covered by a CTG) 21, 2001 (66 FR 43795). Federal determinations for two of those sources to implement RACT. These regulations approval of a source-specific RACT The remaining RACT determinations are commonly termed the ‘‘generic determination for a major source of NOX submitted by PADEP on August 15, RACT regulations.’’ A generic RACT in no way relieves that source from any 2003, are or will be the subject of regulation is one that does not, itself, applicable requirements found in 25 PA separate rulemakings. specifically define RACT for a source or Code Chapters 121, 123 and 145. source categories but instead establishes II. Summary of the SIP Revisions I. Background procedures for imposing case-by-case Pursuant to sections 182(b)(2) and RACT determinations. The The following table identifies the 182(f) of the CAA, Pennsylvania is Commonwealth’s SIP-approved generic sources and the individual plan required to establish and implement RACT regulations consist of the approvals (PAs) and operating permits RACT for all major VOC and NOX procedures PADEP uses to establish and (OPs) which are the subject of this sources. The major source size is impose RACT for subject sources of rulemaking.
PENNSYLVANIA—VOC AND NOX RACT DETERMINATIONS FOR INDIVIDUAL SOURCES
Plan approval (PA #) Source’s name County Operating permit (OP #) Source type ‘‘Major source’’ pollutant
The International Metals Reclamation Co Lawrence ..... Op 37–243 ...... Metals Recovery Facility ... VOC. Petrowax PA Inc...... Venango ...... PA 61–020 ...... Refinery ...... VOC and NOX.
Interested parties are advised that Protection Agency, Region III, 1650 these have a substantial direct effect on copies of Pennsylvania’s SIP submittals Arch Street, Philadelphia, Pennsylvania one or more Indian tribes, on the for these sources, including the actual 19103. Copies of the State submittal are relationship between the Federal PAs and OPs imposing RACT, PADEP’s available at the Pennsylvania Government and Indian tribes, or on the evaluation memoranda and the sources’ Department of Environmental distribution of power and RACT proposals (referenced in PADEP’s Protection, Bureau of Air Quality, P.O. responsibilities between the Federal evaluation memoranda) are included Box 8468, 400 Market Street, Harrisburg, Government and Indian tribes, as and may be viewed in their entirety in Pennsylvania 17105. specified by Executive Order 13175 (65 both the electronic and hard copy EPA is approving these RACT SIP FR 67249, November 9, 2000), nor will versions of the docket for this final rule. submittals because PADEP established it have substantial direct effects on the As previously stated, all documents in and imposed these RACT requirements States, on the relationship between the the electronic docket are listed in the in accordance with the criteria set forth national government and the States, or RME index at http://docket.epa.gov/ in its SIP-approved generic RACT on the distribution of power and rmepub/. Publicly available docket regulations applicable to these sources. responsibilities among the various materials are available either In accordance with its SIP-approved levels of government, as specified in electronically in RME or in hard copy generic RACT rule, the Commonwealth Executive Order 13132 (64 FR 43255, during normal business hours at the Air has also imposed record-keeping, August 10, 1999), because it merely Protection Division, U.S. Environmental monitoring, and testing requirements on proposes to approve a state rule
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implementing a Federal standard, and FEDERAL COMMUNICATIONS Proposed Rule Making, ET Docket No. does not alter the relationship or the COMMISSION 00–258, FCC 05–172, adopted distribution of power and September 23, 2005, and released responsibilities established in the Clean 47 CFR Part 2 September 29, 2005. The full text of this Air Act. This proposed rule also is not [ET Docket No. 00–258; FCC 05–172] document is available on the subject to Executive Order 13045 (62 FR Commission’s Internet site at http:// 19885, April 23, 1997), because it is not Advanced Wireless Services www.fcc.gov. It is also available for economically significant. inspection and copying during regular AGENCY: Federal Communications business hours in the FCC Reference In reviewing SIP submissions, EPA’s Commission. Center (Room CY–A257), 445 12th role is to approve state choices, ACTION: Proposed rule. Street, SW., Washington, DC 20554. The provided that they meet the criteria of full text of this document also may be SUMMARY: This document seek comment the Clean Air Act. In this context, in the purchased from the Commission’s on the specific relocation procedures absence of a prior existing requirement duplication contractor, Best Copy and applicable to Broadband Radio Service for the State to use voluntary consensus Printing Inc., Portals II, 445 12th St., (BRS) operations in the 2150–2160/62 standards (VCS), EPA has no authority SW., Room CY–B402, Washington, DC MHz band, which the Commission 20554; telephone (202) 488–5300; fax to disapprove a SIP submission for recently decided will be relocated to the (202) 488–5563; e-mail failure to use VCS. It would thus be newly restructured 2495–2690 MHz [email protected]. inconsistent with applicable law for band. We also seek comment on the Pursuant to sections 1.415 and 1.419 EPA, when it reviews a SIP submission, specific relocation procedures of the Commission’s rules, 47 CFR to use VCS in place of a SIP submission applicable to Fixed Microwave Service 1.415, 1.419, interested parties may file that otherwise satisfies the provisions of (FS) operations in the 2160–2175 MHz comments and reply comments on or the Clean Air Act. Thus, the band. We propose to generally follow before the dates indicated on the first requirements of section 12(d) of the our relocation policies delineated in our page of this document. Comments may National Technology Transfer and Emerging Technologies proceeding and be filed using: (1) The Commission’s as modified by subsequent decisions. Advancement Act of 1995 (15 U.S.C. Electronic Comment Filing System 272 note) do not apply. As required by DATES: Comments must be filed on or (ECFS), (2) the Federal Government’s section 3 of Executive Order 12988 (61 before November 25, 2005, and reply eRulemaking Portal, or (3) by filing FR 4729, February 7, 1996), in issuing comments must be filed on or before paper copies. See Electronic Filing of this proposed rule, EPA has taken the December 12, 2005. Documents in Rulemaking Proceedings, necessary steps to eliminate drafting ADDRESSES: You may submit comments, 63 FR 24121 (1998). errors and ambiguity, minimize identified by [ET Docket No. 00–258], • Electronic Filers: Comments may be potential litigation, and provide a clear by any of the following methods: filed electronically using the Internet by • legal standard for affected conduct. EPA Federal eRulemaking Portal: http:// accessing the ECFS: http://www.fcc.gov/ has complied with Executive Order www.regulations.gov. Follow the cgb/ecfs/ or the Federal eRulemaking 12630 (53 FR 8859, March 15, 1988) by instructions for submitting comments. Portal: http://www.regulations.gov. • Federal Communications examining the takings implications of Filers should follow the instructions Commission’s Web site: http:// the rule in accordance with the provided on the Web site for submitting www.fcc.gov/cgb/ecfs/. Follow the ‘‘Attorney General’s Supplemental comments. instructions for submitting comments. • For ECFS filers, if multiple docket Guidelines for the Evaluation of Risk • E-mail: [Optional: Include the E- or rulemaking numbers appear in the and Avoidance of Unanticipated mail address only if you plan to accept caption of this proceeding, filers must Takings’ issued under the executive comments from the general public]. transmit one electronic copy of the order. This proposed rule to approve Include the docket number(s) in the comments for each docket or source-specific RACT determinations subject line of the message. • rulemaking number referenced in the established and imposed by the Mail: [Optional: Include the mailing caption. In completing the transmittal Commonwealth of Pennsylvania address for paper, disk or CD–ROM screen, filers should include their full pursuant to its SIP-approved generic submissions needed/requested by your name, U.S. Postal Service mailing RACT regulations does not impose an Bureau or Office. Do not include the address, and the applicable docket or information collection burden under the Office of the Secretary’s mailing address rulemaking number. Parties may also provisions of the Paperwork Reduction here.] submit an electronic comment by • People with Disabilities: Contact Act of 1995 (44 U.S.C. 3501 et seq.). Internet e-mail. To get filing the FCC to request reasonable instructions, filers should send an e- List of Subjects in 40 CFR Part 52 accommodations (accessible format mail to [email protected], and include the documents, sign language interpreters, following words in the body of the Environmental protection, Air CART, etc.) by e-mail: [email protected] message, ‘‘get form.’’ A sample form and pollution control, Nitrogen dioxide, or phone: 202–418–0530 or TTY: 202– Ozone, Reporting and recordkeeping directions will be sent in response. 418–0432. • Paper Filers: Parties who choose to requirements, Volatile organic For detailed instructions for submitting compounds. file by paper must file an original and comments and additional information four copies of each filing. If more than Authority: 42 U.S.C. 7401 et seq. on the rulemaking process, see the one docket or rulemaking number SUPPLEMENTARY INFORMATION section of Dated: October 18, 2005. appears in the caption of this this document. Donald S. Welsh, proceeding, filers must submit two FOR FURTHER INFORMATION CONTACT: additional copies for each additional Regional Administrator, Region III. Priya Shrinivasan, Office of Engineering docket or rulemaking number. [FR Doc. 05–21372 Filed 10–25–05; 8:45 am] and Technology, (202) 418–7005. Filings can be sent by hand or BILLING CODE 6560–50–P SUPPLEMENTARY INFORMATION: This is a messenger delivery, by commercial summary of the Commission’s NPRM of overnight courier, or by first-class or
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overnight U.S. Postal Service mail during the transition. The NPRM 50 cities. BRS operations in the band are (although we continue to experience therefore proposes to generally apply now regulated under part 27 of the delays in receiving U.S. Postal Service the Commission’s relocation policy, as Commission’s rules. In 1992, when the mail). All filings must be addressed to delineated in its Emerging Technologies 2160–2165 MHz band was reallocated to the Commission’s Secretary, Office of proceeding and subsequent decisions, to emerging technologies, the Commission the Secretary, Federal Communications the spectrum designated for AWS in this implemented a policy by which Commission. proceeding. incumbent BRS licensees that were • The Commission’s contractor will using the 2160–2162 MHz band would A. Relocation of BRS in the 2150–2160/ receive hand-delivered or messenger- continue such use on a primary basis. 62 MHz Band delivered paper filings for the However, any BRS station that applied Commission’s Secretary at 236 3. This portion of the NPRM seeks for use of this band after January 16, Massachusetts Avenue, NE., Suite 110, comment on the relocation procedures 1992, would be granted a license only Washington, DC 20002. The filing hours new AWS entrants should follow when on a secondary basis to emerging at this location are 8 a.m. to 7 p.m. All relocating BRS incumbent licensees technology use. In 1996, the hand deliveries must be held together from the 2150–2160/62 MHz band. Commission auctioned licenses for BRS with rubber bands or fasteners. Any 4. Background. In the AWS Second channels on a Basic Trading Area (BTA) envelopes must be disposed of before R&O in ET Docket No. 00–258, 68 FR basis but noted that BRS channel 2 entering the building. 3455, January 24, 2003, the Commission licenses using the 2160–2162 MHz band • Commercial overnight mail (other reallocated and designated a 5 were secondary to emerging technology than U.S. Postal Service Express Mail megahertz portion of the BRS band at licenses. BRS operators are providing and Priority Mail) must be sent to 9300 2150–2155 MHz for AWS use. four categories of service offerings East Hampton Drive, Capitol Heights, Subsequently, in the AWS Third NPRM, today: (1) Downstream analog video; (2) MD 20743. also in ET Docket No. 00–258, 68 FR downstream digital video; (3) • U.S. Postal Service first-class, 12015, March 13, 2003, the Commission downstream digital data; and (4) Express, and Priority mail should be further explored the relocation needs for downstream/upstream digital data. addressed to 445 12th Street, SW., the BRS licensees in the 2150–2160/62 Licensees and lessees have deployed or Washington DC 20554. MHz band. On July 29, 2004, the sought to deploy these services via three People with Disabilities: To request Commission released the BRS R&O and types of system configuration: high- materials in accessible formats for FNPRM in WT Docket No. 03–66, 69 FR power video stations, high-power fixed people with disabilities (braille, large 72020 and 69 FR 72048, December 10, two-way systems, and low-power, print, electronic files, audio format), 2004, respectively, that initiated a cellularized two-way systems. send an e-mail to [email protected] or call fundamental restructuring of the 2495– Traditionally, BRS licensees were the Consumer & Governmental Affairs 2690 MHz band. This decision, which authorized to operate within a 35-mile- Bureau at 202–418–0530 (voice), 202– was intended to provide existing and radius protected service area (PSA) and 418–0432 (tty). new licensees with enhanced flexibility winners of the 1996 MDS auction were to provide high-value services, also authorized to serve Basic Trading Areas Summary of NPRM of Proposed included provisions by which existing Rulemaking (BTAs) consisting of aggregations of BRS licensees in the 2150–2160/62 MHz counties. In the proceeding that 1. In the Fifth NPRM of Proposed band would be included in the newly restructured the BRS band at 2495–2690 Rulemaking (Fifth NPRM), the established band plan, allowing these MHz, the Commission adopted a Commission seeks to establish a new licensees to be integrated with similar geographic service area (GSA) licensing record, specifically with respect to operations. Specifically, the scheme for existing BRS incumbents. relocation issues for the 2150–2160 Commission adopted a band plan in Therefore, BRS relocation procedures MHz and 2160–2175 MHz bands as which existing BRS channel 1 (2150– must take into account the unique proposed in the NPRM. The 2156 MHz) would transition to the new circumstances faced by the various Commission notes that it has previously BRS channel 1 at 2496–2502 MHz and incumbent operations and the new AWS sought comment on the use of Emerging existing BRS channel 2/2A (2156–2162 licensees. Technologies policies in this proceeding MHz) to the new BRS channel 2 at (ET Docket No. 00–258) in different 2618–2624 MHz. The Commission notes 1. Relocation Process contexts and asks that parties file new that new entrants for spectrum now 6. Transition Plan. The NPRM comments on the issues in this Fifth occupied by part of BRS channel 1 will proposes to require the AWS entrant to NPRM, rather than incorporate by be licensed in an upcoming AWS relocate BRS operations on a link-by- reference previously filed comments in auction of the 2110–2155 MHz band. link basis, based on interference this proceeding. With respect to the 2155–2160/62 MHz potential as discussed below. The 2. The Commission continues to band, which consists of BRS channels 2 NPRM further proposes to allow the believe that its relocation policy, with and 2A and the upper one megahertz of AWS entrant to determine its own minor modifications to accommodate BRS channel 1, the Commission has not schedule for relocating incumbent BRS the type of incumbent operations that yet established new service rules for this operations so long as it relocates are the subject of relocation and to band. In the accompanying Eighth R&O incumbent BRS licensees before maintain consistency within the entire in ET Docket No. 00–258, the beginning operation in a particular band at issue, is the best approach to Commission reallocated and designated geographic area and subject to any other meet its goal of providing an the entire 2150–2160 MHz band for build-out requirements that may be opportunity for early entry to the 2150– AWS use. imposed by the Commission on the 2160 MHz and 2160–2175 MHz bands 5. BRS operations in the 2150–2160/ AWS entrant. The Commission for new Advanced Wireless Service 62 MHz band consist of two channels— recognizes that this build-out period (AWS) licensees, while minimizing the channel 1 (2150–2156 MHz) and may take time because of the large disruption to incumbent Broadband channel 2A (2156–2160 MHz). service areas to be built out for new Radio Service (BRS) and Fixed Licensees may also use channel 2 AWS networks but expects that the Microwave Service (FS) operations (2156–2162 MHz) on a limited basis in AWS licensees and the incumbent BRS
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licensees will work cooperatively to We note that our relocation policies do integrated for downstream 2-way ensure a smooth transition for not dictate that systems be relocated to broadband operations), considering incumbent operations. spectrum-based facilities or even to the these channels will likely transition to 7. In some instances relocation of BRS same amount of spectrum as they new channels in the restructured band operations on a link-by-link basis may currently use, only that comparable at different times. For example, the be infeasible (e.g., where a transmitter facilities be provided. Comparable Commission seeks comment on what serves numerous receive sites, only facilities can be provided by upgrading the respective relocation obligations some of which may pose an interference equipment to digital technology and should be for AWS licensees in the five issue), and thus in order to meet the making use of efficient modulation and megahertz block of BRS channel 1 comparable facility requirement for coding techniques that use less (2150–2155 MHz) who will be licensed relocating BRS operations, it may be spectrum to provide the same as part of the upcoming AWS auction of necessary for the AWS licensee to communications capabilities. Given the 2110–2155 MHz band and AWS relocate more BRS facilities than an advances in technology, e.g., changing licensees in the remaining one interference analysis conducted on a from analog to digital modulation and megahertz block (2155–2156 MHz) who link-by-link basis might indicate as the flexibility provided by our existing will be licensed at a later date. In technically necessary. The Commission relocation procedures to make addition, we seek comment on whether also recognizes that the AWS licensee is incumbents whole, we believe that these replacement of customer premises likely to deploy its service in some differences should be taken into account equipment (CPE) in use at the time of locations in a manner that does not when providing comparable facilities. relocation (e.g., customer equipment correspond to the geography of the BRS The NPRM therefore proposes to require that is used and will continue to be used service areas. For example, a BRS that new AWS entrants provide in the provision of 2-way broadband licensee’s operations may extend comparable facilities to incumbents that operations) should be part of the beyond the AWS licensee’s service area are relocated, and seeks comment on comparable facilities requirement. (e.g., discrete transmit/receive this proposal. 11. Because the Commission has combinations), and thus in order to 9. The Commission further notes that already identified relocation spectrum meet the comparable facility under its relocation policies only in the 2495–2690 MHz band (2.5 GHz requirement for relocating BRS stations with primary status are entitled band) for BRS licensees currently in the operations, the AWS licensee may need to relocation. Because secondary 2150–2160/62 MHz band (2.1 GHz to relocate BRS operations in the operations, by definition, cannot cause adjacent service area even though an harmful interference to primary band), we also seek comment on a AWS licensee does not have license operations nor claim protection from proposal whereby the Commission coverage in that area. The NPRM harmful interference from primary would reassign 2.1 GHz BRS licensees, therefore proposes to require that the operations at frequencies already whose facilities have not been AWS licensee relocate all incumbent assigned or assigned at a later date, new constructed or are not in use per BRS operations that would be affected entrants are not required to relocate § 101.75 of the Commission’s rules, to by the new AWS operations, in order to secondary operations. As stated above, their corresponding frequency provide BRS operators with comparable BRS stations licensed after 1992 to use assignments in the 2.5 GHz band as part facilities. The Commission seeks the 2160–2162 MHz band are on a of the overall BRS transition. comment on these transition plan secondary basis. Thus, in some cases, a Specifically, the NPRM proposes to proposals. portion of BRS channel 2 has secondary modify the licenses of these 2.1 GHz 8. Comparable Facilities. In the AWS status, and this portion would not be BRS licensees to assign them 2.5 GHz Third NPRM, the Commission proposed entitled to relocation under existing spectrum in the same geographic areas that if relocation were deemed Emerging Technologies policies. covered by their licenses upon the necessary, BRS incumbents would be Stations licensed prior to 1992 for BRS effective date of the Report and Order in entitled to comparable facilities. In the channel 2 (2156–2162 MHz) operate on this proceeding. Under this proposal, no Emerging Technologies proceeding, the a primary basis over the entire channel subscribers would be harmed by Commission allowed new entrants to and thus, would be entitled to immediately reassigning these licensees provide incumbents with comparable relocation. The NPRM proposes to apply to the 2.5 GHz band, consistent with our facilities using any acceptable the current relocation policies regarding policy. Further, these BRS licensees technology. Under this policy, stations with primary and secondary could become proponents in the incumbents must be provided with status to the BRS and seeks comment on transition of the 2.5 GHz band and avoid replacement facilities that allow them to this proposal. delay in initiating new service (they maintain the same service in terms of: 10. The NPRM also seeks comment on would be limited in initiating or (1) Throughput—the amount of how to apply the comparable facilities expanding service in the 2.1 GHz band information transferred within the requirement to unique situations faced under other proposals put forth in this system in a given amount of time; (2) by BRS licensees. For example, the Fifth NPRM), and new AWS entrants in reliability—the degree to which Commission recognizes that the the 2.1 GHz band could focus their information is transferred accurately incumbent BRS licensee may change the efforts on relocating the remaining BRS and dependably within the system; and type of services it offers as it transitions operations and their subscribers, (3) operating costs—the cost to operate to the new BRS band plan (e.g., from 1- facilitating their ability to clear the band and maintain the system. Thus, the way to 2-way service or from fixed to quickly and provide new service. The comparable facilities requirement does mobile service), and seeks comment on NPRM proposes to undertake these not guarantee incumbents superior how the comparable facilities policy license modifications pursuant to our systems at the expense of new entrants. would be satisfied in such a situation. authority under Section 316 of the The Commission continues to believe The NPRM also seeks comment on how Communications Act. Specifically, that, to minimize disruption to existing the relocation obligation of comparable Section 316(a)(1), provides that ‘‘[a]ny services and to minimize the economic facilities should be applied to post-1992 station license * * * may be modified impact on licensees of those services, a licensees operating on a combination of by the Commission * * * if in the similar approach is warranted for BRS. BRS channels 1 and 2/2A (e.g., judgment of the Commission such
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action will promote the public interest, comparable facilities at the time of the incumbent affirmatively justifies convenience and necessity.’’ In relocation. Any incumbent licensee, primary status and establishes that the addition, under the Commission’s whose license is to be renewed before modification would not add to the proposal, these reassigned BRS relocation, would have the right to relocation costs of the emerging licensees would not be entitled to relocation only if its license is renewed. technology licensees. In addition, the ‘‘comparable facilities’’ under the The Commission further proposes that NPRM proposes that BRS facilities relocation policy since no facilities have an assignment or transfer of control newly authorized in the 2150–2160 been constructed or are in use. would not disqualify a BRS incumbent MHz band after the effective date of a Accordingly, the Commission seeks in the 2150–2160 MHz band from Report and Order in this proceeding comment on this proposal. We ask that relocation eligibility so long as the would not be eligible for relocation. The commenters consider the impact of this facility is not rendered, as a result, more Commission seeks comment on these proposal on the 2.5 GHz transition set expensive to relocate. In addition, the proposals. forth in the BRS R&O and FNPRM, as Commission proposes that if a 15. For purposes of relocation, the well as the impact on the availability of grandfathered BRS license (i.e., NPRM proposes to adopt criteria that the 2.1 GHz band for new AWS entrants. authorized facilities operating with a 35- would be the basis for determining what 12. Leasing. Some BRS licensees of mile-radius PSA) is cancelled or qualifies as a major modification for channels 1 and 2 currently lease their forfeited, and the right to operate in that BRS licensees. Adopting major spectrum capacity to other commercial area has not automatically reverted to modification criteria for the purposes of operators, and the Commission has the BRS licensee that holds the relocation is necessary because BRS determined that future leasing of BRS corresponding BTA license, no new licensees are now licensed on a and EBS spectrum will be allowed licenses would be issued for BTA geographic area basis, and thus are under the Secondary Markets policy. service in the 2150–2160/62 MHz band. allowed to place transmitters anywhere Because leasing is prevalent in the BRS The Commission seeks comment on within their defined service area bands, the ‘‘comparable facilities’’ these eligibility proposals. without prior authorization so long as policy needs to address these the licensee’s operations comply with 14. Future Licensing in the 2150–2160 arrangements. We recognize that leasing the applicable service rules, do not MHz Band. In the Emerging arrangements vary—some BRS licensees affect radio-frequency zones, or require Technologies proceeding, the may continue to lease their spectrum to environmental review or international Commission recognized two divergent third parties when they relocate to the coordination. Specifically, the NPRM 2.5 GHz band, but others BRS licensees objectives when considering the types of proposes to adopt criteria that, for may discontinue leasing arrangements modifications and expansions existing example, would classify the additions of prior to relocation. In all cases, the BRS licensees could make without affecting new transmit sites or base stations and licensee retains de jure control of the their status with respect to emerging changes to existing facilities that would license and is the party entitled to technology licensees—on one hand, increase the size or coverage of the negotiate for ‘‘comparable facilities’’ in existing licensees must be allowed a service area or interference potential as the relocation band. The NPRM certain amount of flexibility to operate types of modifications that are major, proposes to allow incumbent BRS without devaluing the usefulness of and thus not eligible for relocation. licensees to rely on the throughput, their facilities; on the other hand, the Traditionally, these limits have been reliability and operating costs of new entrants must be provided with a expressed by identifying the distance by facilities operated by a lessee in stable environment in which to plan which existing transmit sites can be negotiating ‘‘comparable facilities.’’ In and implement new services. The relocated, limiting increases in cases where the BRS licensees continue Commission decided that the best way emissions, and various other means. to lease their spectrum to third parties to balance these divergent objectives Accordingly, the Commission seeks when they relocate to the 2.5 GHz band, was to establish procedures whereby comment on what the criteria should be the NPRM proposes that the licensee existing licensees who chose to modify for major modifications and, in may include the lessee in negotiations or expand their facilities after a particular, the criteria in the former but that lessees would not have a particular date set by the Commission, major modification rule for BRS separate right of recovery—i.e., the new would do so on a secondary basis to licensees, codified at 47 CFR 21.23; the entrant would not have to reimburse emerging technology licensees. former rule for EBS licensees codified at both the licensee and lessee for Consistent with this current relocation 47 CFR 74.911(a)(2); or the current rule ‘‘comparable facilities.’’ Further, in policy and in order to provide some for wireless telecommunications cases where the BRS licensee certainty to new AWS licensees on the services in § 1.929(d). discontinues leasing arrangements prior scope of their relocation obligation, the 2. Negotiation Periods/Relocation to relocation, the NPRM proposes that NPRM proposes that major Schedule the lessee is not entitled to recover lost modifications to authorized facilities, as investments from the new entrant. We discussed in the next paragraph, made 16. The NPRM generally proposes to believe that this approach is consistent by BRS licensees after the effective date require that negotiations for relocation with the purpose of the ‘‘comparable of a Report and Order in this proceeding of BRS operations be conducted in facilities’’ policy to provide new will not be eligible for relocation. The accordance with the Commission’s facilities in the relocation band so that NPRM further proposes that major Emerging Technologies policies, except the public continues to receive service. modifications and extensions to existing that we propose to forego a voluntary The Commission seeks comment on BRS systems will be authorized on a negotiation period and instead require these leasing proposals. secondary basis to emerging technology only a mandatory negotiation period 13. Licensee Eligibility. Consistent systems in the 2150–2160 MHz band that must expire before an emerging with the Commission’s findings in after the effective date of the Report and technology licensee could proceed to earlier proceedings, the Commission Order in this proceeding. Moreover, all request involuntary relocation. The BRS proposes to apply the relocation policies major modifications will render the transition plan for the new band at discussed in this NPRM to BRS modified BRS licensee secondary to 2495–2690 MHz has five stages: (1) The incumbent primary licensees who seek emerging technology operations, unless initiation of the transition process—
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when a proponent files an initiation of the incumbent. In such a case, the the last to be licensed. Further, we seek plan for a geographic area with the new AWS licensee must guarantee comment on when the ten year sunset Commission; (2) the transition planning payment of all relocation expenses, and date should commence if we do not period—where parties can file must construct, test, and deliver to the adopt our proposal for rolling counterproposals and any disputes incumbent comparable replacement mandatory negotiation periods. Finally, would go to arbitration; (3) the facilities consistent with Emerging commenters should consider that the reimbursement of costs; (4) the Technologies procedures. The sunset date proposal we ultimately termination of incumbent operations; Commission notes that under Emerging adopt would apply apart from the and (5) the filing of post-transition Technologies principles, an AWS restructuring of the 2495–2690 MHz notification of completion with the licensee would not be required to pay band. Commission. The approximate time incumbents for internal resources 19. Good Faith Requirement. Finally, needed for the BRS re-banding process devoted to the relocation process or for the Commission expects the parties at 2495–2690 MHz includes 3–31⁄2 years fees that cannot be legitimately tied to involved in the replacement or retuning for the initiation and planning stages the provision of comparable facilities, of BRS equipment to negotiate in good and 11⁄2 years for the actual relocation, because such expenses are difficult to faith, that is, each party would be for a total of approximately five years. determine and verify. The NPRM required to provide information to the Thus, the Commission recognizes that proposes to apply these negotiation/ other that is reasonably necessary to the new band where the BRS relocation principles to BRS licensees, facilitate the relocation process. The incumbents are to be relocated is and seeks comment on doing so. The NPRM therefore proposes to apply the undergoing its own transition process NPRM also seeks comment on whether good faith guidelines of 47 CFR 101.73 that may not be completed until at least to apply a ‘‘right of return’’ policy to to BRS negotiations, and seeks comment 2008. In light of these considerations, AWS/BRS relocation negotiations on this proposal. the NPRM proposes to forego a similar to rule 47 CFR 101.75(d) (i.e., if 3. Interference Issues/Technical voluntary negotiation period and after a 12 month trial period, the new Standards institute ‘‘rolling’’ mandatory facilities prove not to be comparable to 20. The Commission currently negotiation periods (i.e., separate, the old facilities, the BRS licensee could provides for the protection of fixed individually triggered negotiation return to the old frequency band or microwave services operating in the 1.9 periods for each BRS licensee) of three otherwise be relocated or reimbursed). GHz and 2.1 GHz bands through the years followed by the involuntary The Commission asks parties to take provisions of 24.237 of our rules. Under relocation of BRS incumbents. The into account the time periods for the 24.237, PCS licensees operating in the NPRM proposes that the mandatory transition occurring in the restructured 1850–1990 MHz band and AWS negotiation period would be triggered 2495–2690 MHz band when providing licensees operating in the 2110–2155 for each BRS licensee when an AWS comments on this issue. MHz band must, prior to commencing licensee informs the BRS licensee in 18. Sunset Date. The NPRM proposes operations, perform certain engineering writing of its desire to negotiate. to apply the sunset rule of 47 CFR analyses to ensure that their proposed Relocation of BRS operations by AWS 101.79 to BRS relocation negotiations. operations do not cause interference to licensees is more likely to take place in This rule provides that new licensees incumbent fixed microwave services. a relatively piecemeal fashion and over are not required to pay relocation Part of that analyses calls for the use of an extended period of time. expenses after ten years following the TIA Telecommunications Systems Consequently, it is possible that a start of the negotiation period for Bulletin (TSB) 10–F, or its successor uniform mandatory negotiation period relocation. Consistent with the standard, to determine when proposed applicable to all BRS licensees would Commission’s proposal to establish PCS or AWS operations might cause expire by the time that many BRS rolling mandatory negotiation periods, interference to existing fixed microwave licensees were approached for the NPRM proposes that the ten year stations. relocation by an AWS entrant. The sunset date commence from the date the 21. The Commission seeks to develop Commission seeks comment on this first AWS license is issued in the 2150– rules that will enable AWS licensees to proposal. 2160 MHz band. However, because we determine when their proposed 17. Under Emerging Technologies anticipate that portions of the spectrum operations would cause interference to policies, the mandatory negotiation in the 2150–2160 MHz band will be incumbent BRS systems operating in the period is intended as a period of made available for AWS auction at 2150–2160 MHz band, such that the negotiation between the parties on different times, the first AWS license relocation of those systems would be relocation terms resulting in a could be issued in one portion of the necessary before AWS operations could contractual relocation agreement. The band earlier than the first AWS license begin. The NPRM therefore seeks mandatory negotiation period ensures is issued in another portion of the band. comment on whether a rule comparable that an incumbent licensee will not be We therefore seek comment on whether to § 24.237 should be developed for this faced with a sudden or unexpected we should establish different sunset purpose. If so, we seek comment as to demand for involuntary relocation if an dates that are based on when the first what procedures and mechanisms emerging technology provider initiates AWS license is issued for each portion should be contained in such a rule (e.g., its relocation request, and provides of the spectrum. In this case, the a ‘‘distance’’ table, such as Table 2 in adequate time to prepare for relocation. commencement dates and subsequent § 24.237, which identifies the distance During mandatory negotiations, the sunset dates are likely to be different for from an AWS station within which a parties are afforded flexibility in the BRS channels 1 and 2/2A. Alternately, BRS station must be protected; the use process except that an incumbent should we establish a single sunset date of TIA TSB 10–F, or some comparable licensee may not refuse to negotiate and for the entire band? If so, we seek document, to determine when all parties are required to negotiate in comment as to whether that sunset date interference is expected to occur to BRS good faith. If no agreement is reached should be ten years from the date the stations, etc.). Commenters favoring this during negotiations, an AWS licensee first AWS license is issued in whatever approach should provide information may proceed to involuntary relocation portion of the 2150–2160 MHz band is that would lead to the development of
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a distance table applicable to BRS procedures serves the public interest, most appropriate date for starting the operations; and commenters should also and can promote the rapid development ten-year sunset period. Because we have indicate whether and how TIA TSB 10– of AWS, which many commenters not yet determined how we will make F could be used to determine the support.’’ this spectrum available for assignment, potential for interference to BRS 25. In the AWS Third R&O, also in ET it is possible that different portions of systems. Commenters not favoring the Docket No. 00–258, the Commission the band may be licensed at different use of a § 24.237 type rule should reallocated the 1990–2000/2020–2025 times. We therefore seek comment as to indicate what procedures the MHz and 2165–2180 MHz bands for whether we should establish different Commission should adopt to enable Fixed and Mobile services to support sunset periods for FS incumbents in AWS licensees to determine when their AWS. Subsequently in the AWS Sixth different frequency blocks within the operations will cause interference to R&O in ET Docket No. 00–258, the band, based on the date the first AWS incumbent BRS systems. Commission concluded that, given its license is issued for each subset of the earlier decision in the AWS Second band. We recognize that, in this case, B. Relocation of FS in the 2160–2175 R&O to apply the ‘‘modified’’ relocation the commencement date and subsequent MHz Band procedures to AWS relocation of FS in sunset date may not be uniform across 22. In the Emerging Technologies the 2110–2150 MHz band, it would be the whole band. We also seek comment proceeding, the Commission established appropriate to apply the same on whether we should instead set a procedures for the relocation of procedures to the relocation of FS by uniform sunset date for the entire band incumbent operations by new AWS licensees in the 2175–2180 MHz and, if so, what trigger date we would technology licensees in several paired band. use to determine that sunset date. frequency bands, including the paired 26. In proposing relocation 29. The Commission also seeks bands at 2110–2150 MHz and 2160– procedures for incumbent FS operations comment on an alternative approach. 2200 MHz. Later, in the Microwave Cost in the 2160–2175 MHz band, the Relocation of FS operations by AWS Sharing proceeding, the Commission Commission continues to believe that it licensees is more likely to take place in further addressed incumbent relocations is desirable to harmonize the FS a relatively piecemeal fashion and over by new technology licensees. Together, relocation procedures among the an extended period of time. these proceedings provided for, among various AWS designated bands to the Consequently, it is possible that a single other matters, relocation procedures that greatest extent feasible. As the mandatory negotiation period afforded included both voluntary and mandatory Commission observed in the AWS Sixth under the existing relocation procedures negotiations, as well as relocation R&O, 69 FR 62615, October 27, 2004, would expire before the time that many sunset periods, as delineated in 47 CFR relocation procedures that are consistent FS licensees were approached for part 101. can be expected to foster a more relocation by an AWS entrant. 23. In 2000, in the MSS Second R&O efficient rollout of AWS and minimize Therefore, we also seek comment on in ET Docket No. 95–18, the confusion among the parties, and whether each FS incumbent in the Commission adopted ‘‘modified’’ thereby serve the public interest. 2160–2175 MHz band should be Emerging Technologies relocation 27. Under the existing ‘‘modified’’ afforded a separate, individually procedures for FS incumbents in the Emerging Technologies relocation triggered, negotiation period—as 2165–2200 MHz band that would be procedures described, there is a single contrasted with the across-the-board relocated by new MSS licensees in that mandatory negotiation period that uniform period for all incumbents under band. Under these ‘‘modified’’ commences when the first new the existing relocation rules. Under this procedures, the Commission eliminated technology entrant informs the first FS alternative proposal, a mandatory the voluntary negotiation period for licensee, in writing, of its desire to negotiation period would be triggered relocation of FS incumbents by MSS in negotiate. A ten-year sunset period is by an event specific to each FS licensee, the 2165–2200 MHz band and provided triggered when the mandatory which we propose would be when an instead a single mandatory negotiation negotiation period begins. The NPRM AWS licensee informs the FS licensee in period applying to all FS incumbents. seeks comment on whether the writing of its desire to negotiate. This This single mandatory negotiation Commission should apply these same would result in a series of independent, period would be triggered when the first procedures to FS relocation by AWS in or ‘‘rolling,’’ negotiation periods, each MSS licensee informs, in writing, the the 2160–2175 MHz band. As noted, having its own time frame. One first FS incumbent of its desire to this would be consistent with the potential benefit of the rolling negotiate. Furthermore, consistent with procedures adopted in the AWS Second negotiation period approach is that it its findings in the earlier Microwave R&O, 68 FR 3455, January 24, 2003, and could afford a greater opportunity for FS Cost Sharing proceeding, the AWS Sixth R&O, 69 FR 62615, October incumbents and AWS licensees to Commission established that the FS 27, 2004, for the paired bands 2110– engage in relocation negotiations and relocation rules would sunset ten years 2150 MHz and 2175–2180 MHz, could foster a more equitable and after the negotiations begin for the first respectively. expeditious transition to AWS in the FS licensee. 28. The NPRM also proposes to clarify band. On the other hand, this approach 24. In the AWS Second R&O in ET that under the single mandatory could result in more complex Docket No. 00–258, the Commission negotiation periods approach the ten- negotiation timetables. We seek addressed the relocation procedures that year sunset would supersede, and comment on this alternative proposal. would apply to the relocation of thereby terminate, any remaining 30. Other Bands. If we were to adopt incumbent FS licensees by new AWS mandatory negotiation period that had the alternative rolling negotiation period entrants in the paired 2110–2150 MHz not yet run its course. The NPRM approach described for the 2160–2175 band. The Commission concluded that proposes that this ten-year sunset period MHz band, the Commission seeks ‘‘the modified [MSS] relocation for the 2160–2175 MHz band should comment on whether the same approach procedures [for the 2165–2200 MHz commence with the date the first AWS should be adopted for corresponding band] * * * represent[ed] the best license is issued in that band. We seek paired segments of the 2110–2150 MHz course.’’ The Commission reasoned, ‘‘[a] comment on this proposal, particularly band. In a similar fashion, if we were to unified approach to our rules and whether this trigger event represents the adopt the rolling negotiation approach
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for these two bands, we seek comment are 53 active part 22 fixed licenses in 37. In the AWS–2 Service Rules on whether the relocation procedures these two bands, and that all will have NPRM, the Commission recognized that adopted for the 2175–2180 MHz band in expired by January 3, 2010. Thus, all a single FS path in these bands could the AWS Sixth R&O should also be part 22 fixed services will cease cross multiple AWS license areas, and changed to afford rolling FS negotiation operations in the 2.1 GHz band by 2010. thus multiple AWS licensees could periods, resulting in a unified rolling In contrast, part 101 FS licensees in the benefit by the relocation of a single FS negotiation period approach across Emerging Technologies spectrum are not link. The Commission thus sought these bands. We also seek comment on currently prohibited from renewing comment on whether it should adopt whether the modified sunset rules their licenses. formal procedures for apportioning discussed above should apply in these 34. The NPRM does not propose to relocation costs among multiple AWS other bands as well. Finally, we seek permit renewal of part 22 fixed service licensees in the 2110–2150 MHz and comment on whether the relocation/ licenses in the 2.1 GHz band. The 2175–2180 MHz bands, and in sunset procedures described here would NPRM does seek comment, however, on particular, whether it should apply the harmonize well with the procedures for whether the relocation rules that apply cost sharing rules in part 24 that were other Emerging Technologies bands that to AWS relocation of part 101 fixed used by new PCS licensees when they have been addressed elsewhere in this services should otherwise apply to AWS relocated incumbent FS links in the and other proceedings. relocation of part 22 services as well. 1850–1990 MHz band. In this NPRM, 31. Incumbent Part 22 Services. The the Commission seeks comment on Commission also seeks comment on C. Cost Sharing whether we should adopt formal whether and how to harmonize the 35. The Commission’s Emerging procedures for apportioning relocation Emerging Technologies relocation rules Technologies relocation policies require costs among multiple AWS licensees in for part 22 point-to-point microwave new licensees who benefit from the the 2160–2175 MHz band and in links and part 101 fixed services. When clearing of the spectrum of incumbent particular, whether we should apply the the Emerging Technologies relocation operations by an earlier entrant to cost sharing rules in part 24. We also rules were first adopted, fixed reimburse that entrant for reasonable seek comment on whether AWS microwave services in the spectrum costs incurred in clearing the spectrum. licensees in the 2160–2175 MHz band were regulated under parts 21, 22, and The Commission has found that should be subject to the same cost 94, dealing with Common Carrier fixed adopting cost sharing rules in these sharing regime that we adopt for point-to-point, fixed services supporting circumstances serves the public interest relocation of FS incumbents in the Paging and Radiotelephone, and Private because it (1) distributes relocation costs 2110–2150 MHz and 2175–2180 MHz Operational point-to-point, respectively. more equitably among the beneficiaries bands. To address relocation of all of these of the relocation; (2) encourages the fixed services, the Commission 38. Under the part 24 cost sharing simultaneous relocation of multi-link established separate but identical plan, new licensees that incur costs communications systems; and (3) relocation rules in each Part. In 1996, relocating an FS link are eligible to accelerates the relocation process, the Commission merged the rules receive reimbursement from subsequent promoting more rapid deployment of regulating Common Carrier and Private new entrants that also benefited from new services. In this section, we discuss Operational services in part 101 but left that relocation. Reimbursement claims cost sharing among new licensees when fixed services supporting Paging and are submitted to one of the private non- Radiotelephone, along with the rules for they relocate incumbent FS operations profit clearinghouses designated by the relocating these links, in part 22. in the 2110–2150 and 2160–2200 MHz Wireless Telecommunications Bureau to 32. Although initially identical, the bands and when they relocate BRS administer the plan. All new entrants Emerging Technologies relocation rules operations in the 2150–2160/62 MHz are required to file a prior coordination in part 22 and in part 101 subsequently band. NPRM with these clearinghouses before diverged. When the Commission 36. Relocation of Incumbent FS beginning operations. Upon receiving determined that FS incumbents in the Licensees. The part 101 relocation rules such a NPRM, a clearinghouse with a 2.1 GHz band would be subject to address, inter alia, the cost sharing reimbursement claim on file identifies modified relocation procedures, these obligation imposed on new licensees whether the new entrant has benefited modifications were reflected in the part when they relocate FS incumbents in from the relevant relocation using a 101 relocation rules but inadvertently the 2110–2150 MHz and 2160–2200 Proximity Threshold Test. This test not included in the part 22 rules, MHz bands, which currently are used by limits the beneficiaries to those entrants although part 22 point-to-point services FS licensees mostly as paired links in turning on a base station that both also operated in the 2.1 GHz spectrum. the lower and upper bands. Section operates in the same spectrum that the Thus, at that point, AWS entrants in the 101.82 provides that when a new incumbent link did prior to relocation 2.1 GHz band would be required to licensee in either of these bands and is within a specified geographic follow the original Emerging relocates an incumbent paired FS link distance of the link. Having identified a Technologies rules to relocate part 22 with one path in one band and the new entrant as a beneficiary, the links, but would use the modified rules paired path in the other band, the new clearinghouse then determines the to relocate part 101 links. licensee is entitled to reimbursement of amount of the beneficiary’s repayment 33. The rules applicable to part 22 fifty percent of its relocation costs from obligation using a rule-specified cost and part 101 links further diverged any subsequently entering new licensee sharing formula. This amount is subject recently, when the Commission which would have been required to to a cap of $250,000 per relocated link, determined that it would not renew the relocate the same FS link, subject to a plus $150,000 if a new or modified part 22 point-to-point licenses in the monetary ‘‘cap.’’ We also note that this tower is required. Once the beneficiary 2110–2130 and 2160–2180 MHz bands, rule applies to both new AWS licensees is notified of the amount, it is then but instead allow all current part 22 in the 2110–2150 MHz and 2160–2180 responsible for paying reimbursement fixed service licenses in these bands to MHz bands as well as to MSS licensees within 30 days, with an equal share of expire at the end of their current term. in the 2180–2200 MHz band, which are the total going to each entrant that has Commission records indicate that there discussed separately below. previously contributed to the relocation.
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FS incumbents that self-relocate are also mechanism for expedited appeal to the the implementation and relocation permitted to obtain reimbursement from Commission from a disputed process. Subsequently, the AWS–2 benefiting AWS entrants under the plan, clearinghouse determination; and (5) Service Rules NPRM has sought subject to the same cap described above. giving weight to the determinations of comment on how the AWS sharing Any disputes over cost sharing the clearinghouse in such an appeal. We obligation (i.e., fifty percent for obligations under the rules are seek comment on these suggested relocating the link) should be addressed in the first instance by a changes to the part 24 plan. apportioned among multiple AWS clearinghouse, and if still unresolved, 41. The part 24 plan delegates licensees. In this NPRM, the by alternatives such as binding authority to the Wireless Commission seeks comment on whether arbitration. All of these payment Telecommunications Bureau to assign MSS entrants entitled to reimbursement obligations are imposed as a default, the administration of the cost sharing under § 101.82 should submit their and new licensees are permitted to enter rules to one or more private non-profit reimbursement claims to an AWS into private cost sharing arrangements clearinghouses. Management of the part clearinghouse, including any with each other that supercede the cost 24 cost sharing rules by third-party procedures we may adopt for filing such sharing plan as it applies to clearinghouses has been highly claims. The Commission believes that reimbursement between those licensees. successful, and two entities have this approach would relieve MSS 39. The Commission believes that already expressed interest in accepting licensees of the burden of identifying adopting the part 24 cost sharing plan this responsibility for AWS relocation of the AWS licensees who would be for new AWS licensees that relocate FS FS in the 2110–2150 MHz and 2175– obligated to pay relocation costs. We incumbents would have many benefits. 2180 MHz bands. We seek comment on seek comment on this proposal. First, the part 24 plan was devised to the rules that should govern such a 43. Relocation of Incumbent BRS accommodate new cellular type systems clearinghouse and the procedures and Licensees. The NPRM proposes to licensed by geographic areas and quality criteria we should use to select require AWS entrants to relocate BRS incumbent FS point-to-point operations, a clearinghouse administrator. operations in the 2150–2160/62 MHz which are essentially the same 42. As noted, MSS is allocated to the band on a link-by-link basis, based on circumstances at issue here, and the part 2180–2200 MHz band. FS links in this interference potential. We also note 24 plan has a proven record of success. band are paired with FS links in the certain instances where it may be In 2000, the Commission reviewed the 2130–2150 MHz band which is necessary for the AWS licensee to operation of the part 24 cost sharing designated for AWS. Cost sharing relocate more BRS facilities than an rules and concluded that ‘‘[t]hey between MSS and AWS licensees in interference analysis conducted on a generally have served to promote an these paired bands is governed by link-by-link basis might indicate as efficient and equitable relocation § 101.82, which provides that when a technically necessary, in order to process * * *.’’ In addition, since the new licensee in either of these bands provide relocating incumbents with plan went into operation in 1996, the relocates an incumbent paired FS link comparable facilities—e.g., where an Commission has resolved numerous with one path in one band and the AWS licensee may be required to questions regarding the details of the paired path in the other band, the new relocate BRS operations outside its own plan’s operation and application. We licensee is entitled to reimbursement of service area or where BRS incumbents therefore expect that there will be less fifty percent of its relocation costs (i.e., operate on combinations of BRS need for clarification if we adopt this the total cost of relocating both paths) channels 1 and 2/2A. Thus, a regime for AWS. For these reasons, we from any subsequently entering new subsequent AWS licensee who operates anticipate that adopting these rules will licensee which would have been co-channel in an adjacent geographic expedite the relocation of FS required to relocate the same FS link, area or who operates on a different incumbents and the introduction of new subject to a monetary ‘‘cap.’’ The frequency than the relocator would services. The NPRM therefore proposes Commission adopted relocation rules benefit from the relocation of certain to adopt a cost sharing plan for for MSS that recognize the unique BRS operations. The relocation of a relocation of FS incumbents in the characteristics of a satellite service. For single BRS link could also have more 2160–2175 MHz band based on the part example, unlike a new terrestrial entrant than one AWS beneficiary if the BRS 24 plan and seek comment on this such as AWS that can clear the band on link uses spectrum that overlaps more proposal. a link-by-link basis, MSS must clear all than one AWS license block. 40. While the part 24 rules could be incumbent FS operations in the 2180– Consequently, the Commission seeks applied to the relocation of FS 2200 MHz band within the satellite comment on whether we should incumbents in the 2160–2175 MHz band service area if interference will occur. establish cost sharing obligations for without substantial changes, the Thus, the relocation obligations and cost AWS licensees who benefit from an Commission seeks comment on whether sharing among MSS new entrants in the earlier AWS licensee’s relocation of BRS some modifications are nevertheless 2180–2200 MHz is relatively incumbents in the 2150–2160/62 MHz appropriate. For example, PCIA has straightforward and can function band. For example, we seek comment suggested in response to the AWS–2 without a clearinghouse or formal cost on whether cost sharing obligations Service Rules NPRM that, in sharing procedures. Section 101.82 should be imposed on new licensees establishing a cost sharing plan for AWS establishes a sharing obligation between that receive interference but do not relocation of FS, we should modify the MSS and AWS that is reasonable and cause it, as is done with the PCS rules, part 24 plan by (1) establishing a rule relatively easy to implement, and or only on those licensees that cause requiring licensing data to be filed by all because it does not depreciate cost interference, as is the case for both the entities; (2) mandating that parties are sharing obligations, it provides MSS current Emerging Technologies and required to act in good faith in licensees with additional assurance of MSS rules in part 101. connection with their responsibilities cost recovery. In addition to this 44. The Commission also seeks under the cost sharing plan; (3) consideration, we also do not wish to comment on what, if any, specific cost providing that reasonable interest change the relocation and cost sharing sharing obligations are necessary or charges can be applied to cost sharing rules applicable to MSS, because MSS appropriate, including how costs should obligations; (4) creating an explicit licensees are currently in the midst of be apportioned among AWS licensees.
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Although we noted that the part 24 plan must be identified as responses to the different frequency bands, each entrant could be applied to FS relocation IRFA and must be filed by the deadlines has had to relocate incumbent without substantial changes, we believe for comments on the Fifth NPRM. The operations. The relocation procedures that this is not the case for BRS Commission will send a copy of this we propose in the Fifth NPRM are operations which are significantly Fifth NPRM, including this IRFA, to the designed to ensure an orderly and different than point-to-point FS Chief Counsel for Advocacy of the Small expeditious transition of, with minimal operations. BRS operations are Business Administration (SBA).2 In disruption to, incumbent BRS and FS primarily point-to-multipoint, based addition, the Fifth NPRM and IRFA (or operations from the 2150–2160/62 MHz either on a contour around a fixed summaries thereof) will be published in and 2160–2175 MHz bands, transmitter with protected receive sites the Federal Register.3 respectively, in order to allow early within the contour or on a wide A. Need for, and Objectives of, the entry for new AWS licensees into these geographic area with multiple base and Proposed Rules bands. receive sites located anywhere within 47. The Fifth NPRM seeks comment 46. The Fifth NPRM proposes the licensed area. We thus seek on what specific relocation procedures relocation procedures to govern the comment on what criteria could be used are best suited for the incumbent BRS relocation of: (1) Broadband Radio to identify whether a subsequent AWS operators in the 2150–2160/62 MHz Service (BRS) 4 licensees in the 2150– licensee has an obligation to share the band. For example, we propose a 2160/62 MHz band; and (2) Fixed cost of relocating a BRS incumbent and mandatory negotiation period that must how the reimbursement obligation Microwave Service (FS) licensees in the 2160–2175 MHz band. The proposed expire before an emerging technology should be apportioned among AWS licensee could proceed to request licensees. Commenters should consider, relocation procedures generally follow the Commission’s relocation policies involuntary relocation and, due to the for example, whether we should require nature of BRS, ask whether we should each AWS licensee to bear this financial delineated in the Emerging Technologies proceeding, and as establish separate, individually responsibility in proportion to the triggered negotiation periods for each amount of spectrum in the 2150–2160/ modified by subsequent decisions.5 These relocation policies are designed BRS licensee. We also seek to develop 62 MHz band for which it is licensed, rules that will enable AWS licensees to or in proportion to the amount of to allow early entry for new technology determine when their proposed geographic area cleared within its providers by allowing providers of new operations would cause interference to licensed market, or some other metric, services to negotiate financial incumbent BRS systems operating in the such as MHz/pops. We also seek arrangements for reaccommodation of 2150–2160 MHz band, such that the comment on whether we should apply incumbent licensees, and have been relocation of those systems would be a ‘‘cap’’ or some other limit on the tailored to set forth specific relocation necessary before AWS operations could amount a relocator is entitled to receive schemes appropriate for a variety of begin. We identified a number of as reimbursement in order to protect different new entrants, including options for setting forth these technical later entrants who did not participate in Personal Communications Service (PCS) requirements, including implementation negotiations; we also seek comment on licensees, Mobile Satellite Service what the amount of the ‘‘cap’’ should (MSS) licensees, 18 GHz Fixed Satellite of a ‘‘distance’’ table that identifies the be. Moreover, we seek comment on Service (FSS) licensees, and Nextel. distance from an AWS station within whether formal cost sharing procedures, While these new entrants occupy which a BRS station must be protected, such as those in the part 24 plan, are and the use of the TIA TSB 10–F necessary or appropriate to implement 2 See 5 U.S.C. 603(a). standard to determine when any cost sharing obligations we may 3 Id. interference is expected to occur to BRS 4 ultimately adopt, and if so, what The Multipoint Distribution Service (MDS) was stations. The Fifth NPRM similarly seeks renamed the Broadband Radio Service (BRS). See comment on specific relocation procedures we should adopt. Finally, Amendment of parts 1, 21, 73, 74 and 101 of the we seek comment on whether we Commission’s Rules to Facilitate the Provision of procedures for incumbent FS operations should designate a clearinghouse party Fixed and Mobile Broadband Access, Educational in the 2160–2175 MHz band, including to administer any cost sharing rules we and Other Advanced Services in the 2150–2162 options for modifying sunset periods to MHz Band, WT Docket No. 03–66, Report and accommodate new AWS entrants in the may adopt, the rules that should govern Order and Further NPRM of Proposed Rulemaking, a clearinghouse and the procedure and 19 FCC Rcd 14165 (2004), 69 FR 72020 and 69 FR band. The Fifth NPRM recognizes that quality criteria we should use to select 72048, December 10, 2004. we have traditionally provided for cost 5 a clearinghouse administrator. See Redevelopment of Spectrum to Encourage sharing among multiple new entrants Innovation in the Use of New Telecommunications that benefit from the relocation of Initial Regulatory Flexibility Analysis Technologies, ET Docket No. 92–9, First Report and Order and Third NPRM of Proposed Rule Making, incumbent licensees, and seeks 45. As required by the Regulatory 7 FCC Rcd 6886 (1992); Second Report and Order, comment on what cost sharing Flexibility Act of 1980, as amended 8 FCC Rcd 6495 (1993); Third Report and Order and responsibilities should be implemented 1 Memorandum Opinion and Order, 8 FCC Rcd 6589 (RFA), the Commission has prepared (1993); Memorandum Opinion and Order, 9 FCC between the first AWS entrant and other this present Initial Regulatory Rcd 1943 (1994); Second Memorandum Opinion subsequent AWS entrants in the 2150– Flexibility Analysis (IRFA) of the and Order, 9 FCC Rcd 7797 (1994); aff’d 2160/62 MHz and the 2160–2175 MHz possible significant economic impact on Association of Public Safety Communications bands. We note that in the Emerging Officials-International, Inc. v. FCC, 76 F.3d 395 a substantial number of small entities by (D.C. Cir. 1996) (collectively, ‘‘Emerging Technologies and Microwave Cost the policies and rules proposed in this Technologies proceeding’’). See also Teledesic, LLC Sharing proceedings, the Commission Fifth NPRM of Proposed Rule Making v. FCC, 275 F.3d 75 (D.C. Cir. 2001) (affirming established procedures for relocating (Fifth NPRM). Written public comments modified relocation scheme for new satellite incumbent operations by new entrants to the 17.7–19.7 GHz band). See also are requested on this IRFA. Comments Amendment to the Commission’s Rules Regarding technology licensees in the 2160–2200 a Plan for Sharing the Costs of Microwave MHz band whereby the new licensees 1 See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601– Relocation, WT Docket No. 95–157, First Report that relocate a paired microwave link 612, has been amended by the Small Business and Order and Further NPRM of Proposed Rule with one path in the 2110–2150 MHz Regulatory Enforcement Fairness Act of 1996 Making, 11 FCC Rcd 8825 (1996); Second Report (SBREFA), Public Law 104–121, Title II, 110 Stat. and Order, 12 FCC Rcd 2705 (1997) (collectively, portion of the band and the other paired 857 (1996). Microwave Cost Sharing proceeding). path in the 2160–2200 MHz portion of
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the band are entitled to reimbursement programming to subscribers using the million.17 Consequently, we estimate for a portion of their relocation microwave frequencies of Multipoint that the majority of providers in this expenses. Because these procedures Distribution Service (MDS) and service category are small businesses encompass the 2160–2175 MHz band Instructional Television Fixed Service that may be affected by the proposed discussed in the Fifth NPRM, we seek (ITFS).10 In connection with the 1996 rules and policies. Because the comment on the appropriate application MDS auction, the Commission defined Commission’s proposals only affect BRS of cost sharing requirements. One ‘‘small business’’ as an entity that, operations in the 2155–2160/62 MHz option is to establish new cost sharing together with its affiliates, has average band, the actual number of BRS procedures for the band that are based gross annual revenues that are not more providers who will be affected by the on our existing part 24 cost sharing than $40 million for the preceding three proposed relocation procedures will rules that were used for PCS relocation, calendar years. The SBA has approved only represent a small fraction of these while at the same time retaining and of this standard.11 The MDS auction small businesses. integrating the existing cost sharing resulted in 67 successful bidders 53. Fixed Microwave Services. requirement in part 101. obtaining licensing opportunities for Microwave services include common 48. After evaluating comments filed in 493 Basic Trading Areas (BTAs).12 Of carrier,18 private-operational fixed,19 response to the Fifth NPRM, the the 67 auction winners, 61 claimed and broadcast auxiliary radio services.20 Commission will examine further the status as a small business. At this time, At present, there are approximately impact of all rule changes on small we estimate that of the 61 small 36,708 common carrier fixed licensees entities and set forth its findings in the business MDS auction winners, 48 and 59,291 private operational-fixed Final Regulatory Flexibility Analysis. remain small business licensees. In licensees and broadcast auxiliary radio addition to the 48 small businesses that licensees in the microwave services. B. Legal Basis hold BTA authorizations, there are The Commission has not yet defined a 49. The proposed action is authorized approximately 392 incumbent MDS small business with respect to under sections 1, 4(i), 7(a), 301, 303(f), licensees that have gross revenues that microwave services. For purposes of the 303(g), 303(r), 307, 316, and 332 of the are not more than $40 million and are FRFA, we will use the SBA’s definition Communications Act of 1934, as thus considered small entities.13 applicable to Cellular and other amended, 47 U.S.C. 151, 154(i), 157(a), 52. In addition, the SBA has Wireless Telecommunications 301, 303(f), 303(g), 303(r), 307, 316, and developed a small business size companies—i.e., an entity with no more 332. standard for Cable and Other Program than 1,500 persons.21 According to Distribution,14 which includes all such Census Bureau data for 1997, there were C. Description and Estimate of the companies generating $12.5 million or 977 firms in this category, total, that Number of Small Entities to Which the less in annual receipts.15 According to operated for the entire year.22 Of this Proposed Rules Will Apply Census Bureau data for 1997, there were total, 965 firms had employment of 999 50. The RFA directs agencies to a total of 1,311 firms in this category or fewer employees, and an additional provide a description of and, where that had operated for the entire year.16 twelve firms had employment of 1,000 feasible, an estimate of the number of Of this total, 1,180 firms had annual employees or more.23 Thus, under this small entities that may be affected by receipts of under $10 million, and an size standard, majority of firms can be the proposed rules, if adopted.6 The additional 52 firms had receipts of $10 considered small. We note that the RFA generally defines the term ‘‘small million or more but less than $25 number of firms does not necessarily entity’’ as having the same meaning as track the number of licensees. We the terms ‘‘small business,’’ ‘‘small 10 Amendment of Parts 21 and 74 of the organization,’’ and ‘‘small governmental Commission’s Rules with Regard to Filing 17 Id. Procedures in the Multipoint Distribution Service jurisdiction.’’ 7 In addition, the term 18 47 CFR part 101 et seq. (formerly, part 21 of and in the Instructional Television Fixed Service the Commission’s Rules) for common carrier fixed ‘‘small business’’ has the same meaning and Implementation of Section 309(j) of the microwave services (except MDS). Communications Act—Competitive Bidding, Report as the term ‘‘small business concern’’ 19 Persons eligible under Parts 80 and 90 of the and Order, 10 FCC Rcd 9589, 9593, paragraph 7 under the Small Business Act.8 A small Commission’s rules can use Private-Operational (1995) (‘‘MDS Auction R&O’’). Fixed Microwave services. See 47 CFR parts 80 and business concern is one which: (1) Is 11 See Letter to Margaret Wiener, Chief, Auctions 90. Stations in this service are called operational- independently owned and operated; (2) and Industry Analysis Division, Wireless fixed to distinguish them from common carrier and is not dominant in its field of operation; Telecommunications Bureau, FCC, from Gary public fixed stations. Only the licensee may use the and (3) satisfies any additional criteria Jackson, Assistant Administrator for Size Standards, operational-fixed station, and only for Small Business Administration (dated Mar. 20, established by the SBA.9 communications related to the licensee’s 2003) (noting approval of $40 million size standard commercial, industrial, or safety operations. 51. Broadband Radio Service. The for MDS auction). 20 Auxiliary Microwave Service is governed by 12 Broadband Radio Service (BRS) consists Basic Trading Areas (BTAs) were designed by Part 74 of Title 47 of the Commission’s Rules. See of Multichannel Multipoint Distribution Rand McNally and are the geographic areas by 47 CFR Part 74 et seq. Available to licensees of Service (MMDS) systems, which were which MDS was auctioned and authorized. See broadcast stations and to broadcast and cable MDS Auction R&O, 10 FCC Rcd at 9608, paragraph originally licensed to transmit video network entities, broadcast auxiliary microwave 34. stations are used for relaying broadcast television 13 47 U.S.C. 309(j). Hundreds of stations were signals from the studio to the transmitter, or 6 5 U.S.C. 603(b)(3). licensed to incumbent MDS licensees prior to between two points such as a main studio and an 7 5 U.S.C. 601(6). implementation of section 309(j) of the auxiliary studio. The service also includes mobile 8 5 U.S.C. 601(3) (incorporating by reference the Communications Act of 1934, 47 U.S.C. 309(j). For TV pickups, which relay signals from a remote definition of ‘‘small business concern’’ in 15 U.S.C. these pre-auction licenses, the applicable standard location back to the studio. 632). Pursuant to the RFA, the statutory definition is SBA’s small business size standard for ‘‘other 21 13 CFR 121.201, NAICS code 517212. of a small business applies ‘‘unless an agency, after telecommunications’’ (annual receipts of $12.5 22 U.S. Census Bureau, 1997 Economic Census, consultation with the Office of Advocacy of the million or less). See 13 CFR 121.201, NAICS code Subject Series: Information, ‘‘Employment Size of Small Business Administration and after 517910. Firms Subject to Federal Income Tax: 1997,’’ Table opportunity for public comment, establishes one or 14 13 CFR 121.201, NAICS code 517510. 5 (issued Oct. 2000). more definitions of such term which are 15 Id. 23 Id. The census data do not provide a more appropriate to the activities of the agency and 16 U.S. Census Bureau, 1997 Economic Census, precise estimate of the number of firms that have publishes such definition(s) in the Federal Subject Series: Information, ‘‘Establishment and employment of 1,500 or fewer employees; the Register.’’ 5 U.S.C. 601(3). Firm Size (Including Legal Form of Organization),’’ largest category provided is ‘‘Firms with 1,000 9 Small Business Act, 15 U.S.C. 632 (1996). Table 4 (issued October 2000). employees or more.’’
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estimate that all of the Fixed Microwave negotiation periods and the requirement DEPARTMENT OF TRANSPORTATION licensees (excluding broadcast auxiliary of negotiating in good faith), benefits licensees) would qualify as small small BRS and FS licensees because the Pipeline and Hazardous Materials entities under the SBA definition. proposals would require new AWS Safety Administration licensees to pay for the costs to relocate D. Description of Projected Reporting, 49 CFR Parts 173 and 180 Recordkeeping, and Other Compliance their incumbent operations to Requirements comparable facilities, and—for small [Docket No. PHMSA–03–14405 (HM–220F)] AWS licensees—offers a process by 54. The Fifth NPRM seeks comment RIN 2137–AD78 on proposals for relocation procedures which new services can be brought to applicable to BRS licensees in the 2150– the market expeditiously. Moreover, we Hazardous Materials Regulations: 2160/62 MHz band FS licensees in the believe that the provision of additional Aluminum Cylinders Manufactured of 2160–2175 MHz band, but does not spectrum that can be used to support Aluminum Alloy 6351–T6 Used in propose service rules. Thus, the item AWS will directly benefit small SCUBA, SCBA, Carbon Dioxide, and contains no new reporting, business entities by providing new Oxygen Service—Revised recordkeeping, or other compliance opportunities for the provision of Requalification and Use Criteria requirements. innovative new fixed and mobile AGENCY: Pipeline and Hazardous wireless services. E. Steps Taken To Minimize Significant Materials Safety Administration Economic Impact on Small Entities, and F. Federal Rules That May Duplicate, (PHMSA), DOT. Significant Alternatives Considered Overlap, or Conflict With the Proposed ACTION: Supplemental notice of 55. The RFA requires an agency to Rule proposed rulemaking. describe any significant alternatives that SUMMARY: it has considered in reaching its 57. None. On September 10, 2003, the Research and Special Programs proposed approach, which may include Ordering Clauses the following four alternatives (among Administration—the predecessor agency others): (1) The establishment of 58. Pursuant to Sections 1, 4(i), 7(a), to the Pipeline and Hazardous Materials differing compliance or reporting 301, 303(f), 303(g), 303(r), 307, 316, and Safety Administration published a requirements or timetables that take into 332 of the Communications Act of 1934, notice of proposed rulemaking (NPRM) account the resources available to small as amended, 47 U.S.C. 151, 154(i), to propose an inspection and testing program for early detection of sustained entities; (2) the clarification, 157(a), 301, 303(f), 303(g), 303(r), 307, load cracking in certain cylinders consolidation, or simplification of 316, and 332, this Fifth NPRM of manufactured with aluminum alloy compliance or reporting requirements proposed rule making is adopted. under the rule for small entities; (3) the 6351–T6. Based on comments received use of performance, rather than design, 59. Notice is hereby given of the in response to that NPRM, we are standards; and (4) an exemption from proposed regulatory changes described proposing to adopt a maximum service coverage of the rule, or any part thereof, in this Fifth NPRM of proposed rule life for cylinders manufactured with for small entities.24 making, and that comment is sought on aluminum alloy 6351–T6 and to 56. The proposals contained in the these proposals. prohibit the use of these cylinders after Fifth NPRM are designed to provide 60. The Commission’s Consumer and the expiration of their maximum service spectrum to support the introduction of Governmental Affairs Bureau, Reference life. new advanced mobile and fixed Information Center, shall send a copy of DATES: Comments must be received by terrestrial wireless services. This action this Eighth Report and Order and Fifth December 27, 2005. is critical to the continuation of NPRM of proposed rule making, ADDRESSES: You may submit comments technological advancement, furthers the including the Final Regulatory to Docket No. PHMSA–03–14405 (HM– goals of the Telecommunications Act of Flexibility Analysis and the Initial 220F) by any of the following methods: • 1996, and serves the public interest. We Regulatory Flexibility Analysis to the Federal eRulemaking Portal: Go to are likewise committed to ensuring that Chief Counsel for Advocacy of the Small http://www.regulations.gov. Follow the the disruption to incumbent operations Business Administration. online instructions for submitting and the economic impact of this comments. proceeding on incumbent licensees is Federal Communications Commission. • DOT Web site: http://dms.dot.gov. minimal. As discussed in Section A, Marlene H. Dortch. To submit comments on the DOT supra, we have proposed to establish Secretary. electronic docket site, click ‘‘Comment/ rules based on our existing Emerging [FR Doc. 05–21407 Filed 10–25–05; 8:45 am] Submissions,’’ click ‘‘Continue,’’ fill in Technologies relocation procedures to the requested information, click BILLING CODE 6712–01–P govern the entry of new licensees into ‘‘Continue,’’ enter your comment, then the 2150–2160/62 MHz and 2160–2175 click ‘‘Submit.’’ MHz bands. An alternative option • Fax: 202–493–2251. would be to offer no relocation process, • Mail: Docket Management System; and instead require incumbent licensees U. S. Department of Transportation, 400 to cease use of the band by a date Seventh Street, SW., Nassif Building, certain and prohibit new licensees from Room PL–401, Washington, DC 20590– entering the band until that date. We 0001. believe that an Emerging Technologies- • Hand Delivery: Docket Management based relocation procedure is preferable, System; Room PL–401 on the plaza level as it draws on established and well of the Nassif Building, 400 Seventh known principles (such as time-based Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through 24 See 5 U.S.C. 603(c). Friday, except Federal holidays.
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Instructions: You must include the requalification process. Manufacturers because cylinders manufactured with agency name and docket number of cylinders made from the 6351–T6 this aluminum alloy have a greater risk PHMSA–03–14405 (HM–220F) or the aluminum alloy have performed of failure than other aluminum Regulatory Identification Number (RIN) research, testing and analysis to cylinders. for this notice at the beginning of your determine whether there is any • Prohibited these cylinders for comment. You should submit two correlation between SLC and the Hazard Zone A materials effective on copies of your comments if you submit probability of a cylinder rupture. The October 1, 2002. After that date, them by mail. If you wish to receive data indicated the cylinders would leak cylinders made of aluminum alloy confirmation that we received your but not rupture when operated at 6351–T6 may not be filled and offered comments, you must include a self- marked service pressure. It was also for transportation in toxic inhalation addressed stamped post card. Note that found the probability of cracking hazard service. • all comments received will be posted increases with an increase in stress Prohibited the use of cylinders without change to http://dms.dot.gov levels. We performed additional manufactured of aluminum alloy 6351– including any personal information metallurgical analysis on several T6 for gases having pyrophoric ruptured cylinders to verify the cause of properties. provided. Please see the Privacy Act • section of this document. failure and failure mode. (See the Required a visual inspection of DOT specification or exemption FOR FURTHER INFORMATION CONTACT: metallurgical analysis reports at http:// cylinders made of aluminum alloy Mark Toughiry, Office of Hazardous hazmat.dot.gov/pubs/reports/cylinder/ 3al_cyls_info.htm). Those metallurgical 6351–T6 for evidence of SLC in the neck Materials Technology, (202) 366–4545, and shoulder area. or Kurt C. Eichenlaub, Office of analyses revealed SLC caused the cylinder ruptures, but the results were The HMR require DOT 3AL cylinders Hazardous Materials Standards, (202) to be requalified every five years (twelve 366–8553; PHMSA, U.S. Department of inconclusive as to why the cylinders abruptly ruptured instead of developing years for fire extinguishers) in Transportation, 400 Seventh Street SW., accordance with § 180.205. The Washington, DC 20590–0001. leaks. United States manufacturers discontinued using aluminum alloy requalification performed under SUPPLEMENTARY INFORMATION: 6351–T6 in the mid-1990s, replacing it § 180.205 includes a visual inspection Contents with aluminum alloy 6061–T6, which is (internal and external) and a volumetric expansion test. During the visual I. Background not susceptible to SLC. Cylinders II. Previously Published NPRM manufactured of aluminum alloy 6351– inspection, cylinders must be inspected III. Analysis of Comments T6 prior to July 1990 include seamless for evidence of SLC in the neck and IV. Proposals in This SNPRM aluminum cylinders marked ‘‘DOT shoulder area. However, we understand V. Section-By-Section Review 3AL’’, including those marked with that in addition to the visual inspection VI. Regulatory Analyses and Notices ‘‘DOT 3AL’’ above or near one of the and volumetric expansion test, many A. Statutory/Legal Authority for This following exemption or special permit users and requalifiers are currently Rulemaking numbers: 6498, 7042, 8107, 8364, and performing an eddy current B. Executive Order 12866 and DOT 8422. We estimate approximately six examination. Approximately 2,000 eddy Regulatory Polices and Procedures current devices have been purchased by C. Executive Order 13132 million U.S. cylinders manufactured D. Executive Order 13175 from aluminum alloy 6351–T6 are various technicians in the dive, fire and E. Regulatory Flexibility Act, Executive currently in use in SCUBA, SCBA, cylinder requalification industries to Order 13272, and DOT Procedures and Carbon Dioxide (CO 2), and oxygen examine aluminum cylinders for SLC. Policies services. Cylinder manufacturers report that a F. Paperwork Reduction Act The primary domestic manufacturers large number of affected cylinders have G. Regulation Identifier Number (RIN) of DOT 3AL cylinders currently in been removed from service because of H. Unfunded Mandates Reform Act service are Luxfer USA; Walter Kidde flaws discovered during eddy current I. Environmental Assessment Co.; Cliff Impact Division of Parker examinations. J. Privacy Act Hannifin Corporation; and Catalina List of Subjects II. Previously Published NPRM Cylinders. The majority of the cylinders On September 10, 2003, the Research I. Background are being used in six major services: (1) SCUBA, (2) SCBA, (3) CO 2, (4) oxygen, and Special Programs Administration, Cylinders made of aluminum alloy (5) industrial gases, and (6) fire the predecessor agency to the PHMSA, 6351–T6 are known to be susceptible to extinguishers. published an NPRM proposing to sustained load cracking (SLC) in the On August 8, 2002, we published a amend HMR requirements on aluminum neck and shoulder area of the cylinder. final rule (Docket HM–220D, 67 FR cylinders manufactured using The majority of SLC-related ruptures 51626) amending the requirements of aluminum alloy 6351–T6. The NPRM have occurred in self-contained the Hazardous Materials Regulations proposed a standard for early detection underwater breathing apparatus (HMR; 49 CFR parts 171–180) of SLC to reduce the risk of a cylinder (SCUBA), self-contained breathing applicable to the maintenance, rupture. apparatus (SCBA), and oxygen services. requalification, repair, and use of DOT We evaluated the following three non- Since 1994, the Pipeline and Hazardous specification cylinders. On May 8, 2003, destructive examination (NDE) Materials Safety Administration we issued a subsequent final rule (68 FR techniques—internal visual examination (PHMSA, we) has been notified of 24653) that made further revisions in (VE), eddy current examination (EE), thirteen suspected SLC ruptures of response to appeals. In the final rule and ultrasonic examination (UE)—to cylinders manufactured of aluminum and the response to appeals, we added detect a critical-size crack. A cylinder alloy 6351–T6. Five of the thirteen the following amendments pertaining to with a critical-size crack would be ruptures resulted in serious injuries. DOT specification cylinders made with removed from service. Under the Data from manufacturers show there are aluminum alloy 6351–T6: direction of PHMSA, Texas Research thousands of cylinders with small, non- • Removed the authorization for the Institute (TRI) evaluated these three leaking cracks, that are regularly manufacture of DOT specification NDE (VE, EE, UE) methods by detected during a diligent, proper cylinders from aluminum alloy 6351–T6 performing blind examinations applied
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by individuals of varying skill levels current test equipment manufacturers. would be prohibited from service when (See the Nondestructive Inspection of In this supplemental notice, we discuss they reach the end of a 40-year service High Pressure Aluminum Gas Cylinder, comments submitted to the docket, life. We are soliciting comments on Final Report, dated September 2000, at concerns raised by commenters, and our whether a 40-year period from the date http://hazmat.dot.gov/enforce/forms/ decisions on specific issues. of manufacture is an appropriate service ohmforms.htm). TRI determined that life for these affected cylinders. A. Prohibited Use of 6351–T6 Cylinders each NDE method was capable of B. Combined Visual and Eddy Current detecting SLC, but detection using VE In response to the known Testing was limited by external factors, such as susceptibility of cylinders made of the inspector’s eye sight, lighting, aluminum alloy 6351–T6 to SLC, the The NPRM proposed the addition of position of the crack, and alertness of NPRM discussed three possible options, a combined external visual and eddy the examiner. TRI also determined that which were evaluated as part of a cost- current examination at each required 5- UE must be applied by a certified benefit analysis to address existing year periodic requalification for DOT technician to produce accurate results safety concerns: (1) Leaving the cylinder 3AL cylinders manufactured of in detecting SLC. TRI concluded EE in service without taking any additional aluminum alloy 6351–T6. The EE would combined with a VE provides the most measures to reduce the risk, (2) be performed in accordance with the accurate and practical examination for immediately removing all cylinders procedure outlined in Appendix C to detecting SLC. Both EE and VE can be made of aluminum alloy 6351–T6 from Part 180. The visual examination would conducted by a requalifier with minimal service, or (3) performing a NDE at the be conducted in accordance with CGA training. time of the cylinder’s periodic Pamphlet C–6.1. In the NPRM, for cylinders requalification and requiring additional Some commenters express concern manufactured of aluminum alloy 6351– operational controls (OC) during the over the five-year retest period as not T6 used in SCUBA (diving), SCBA cylinder filling process. After careful frequent enough to detect SLC. One (firefighting), and oxygen service, we analysis, we selected the third option. commenter states that experience has proposed the following amendments: Several commenters suggest that shown SLC gradually becomes • Require cylinders to undergo a option (3) does not provide an adequate noticeable 2–4 years before a combined visual and eddy current level of safety. The commenters state catastrophic event. The commenter examination. that SLC is a manufacturing problem, describes an incident in which a CO 2 • Add a new Appendix C to Part 180, and no level of testing will prevent cylinder leaked through the threads to specify the procedure to conduct the future incidents. These commenters during filling. The leak was a result of eddy current examination. assert that the only way to prevent SLC. The cracking was not visible at the • That suitable safeguards be future SLC incidents is to prohibit the previous qualification, but in less than provided to protect personnel and use of all aluminum alloy 6351–T6 a year’s time the crack became large facilities should a cylinder fail during cylinders. They also assert that the enough to leak product. Another the filling process. safety benefits outweigh the costs commenter asserts that cylinders filled • That only individuals essential to involved in removing these cylinders frequently (e.g., SCUBA) are more the filling process be allowed in the from service and express concern that susceptible to SLC and should be tested vicinity of the cylinder during the filling the SLC problem will only get worse if more frequently than once every five process. the cylinders remain in service. years. The commenter cites the dive Although we believe the thirteen We agree. However, the original industry standard of conducting visual reported SLC ruptures under-represent economic evaluation showed immediate inspections on an annual basis and the extent of the SLC issue, we did not removal of these cylinders from service recommends reducing the retest period have sufficient data to determine would place an undue economic burden to 2.5 years. whether the SLC-related ruptures on the affected industries. Although the We disagree. Research has shown SLC extend beyond those services discussed economic burden of immediate removal is a slow growing crack. A cylinder above. Therefore, we requested is not justified, a gradual phase out of manufactured of aluminum alloy 6351– additional information from these cylinders over time will address T6 properly examined using a manufacturers and users who were the safety issue, and limit the costs combination of an external visual and aware of the rupture of any DOT 3AL associated with removal of these the eddy current is not likely to develop cylinder or any other cylinder cylinders. Users of DOT 3AL cylinders a critical SLC within a five year period. manufactured from aluminum alloy generally replace them with a new one Further, requiring a more frequent 6351–T6, whether the incident was after 45–50 years. We revised the examination would impose an domestic or foreign, to submit the economic analysis to examine the costs unnecessary burden on the regulated information in their comments to this of implementing option (3) with the community without significantly rulemaking. More broadly, we invited addition of a 40-year service life. The increasing safety. commenters to address the issue of economic analysis showed the addition A few commenters express concern whether the new inspection of a 40-year service life to option (3) about the qualification requirements for requirements proposed in the NPRM would provide an effective phase-out of inspectors who conduct the EEs. A large should apply to cylinders manufactured these cylinders over time without number of the dive and fire industry EEs of aluminum alloy 6351–T6 and used in imposing significant costs on the are conducted by trained technicians services other than SCUBA, SCBA, or affected industries. Since most of these that have not been specifically approved oxygen. cylinders were manufactured prior to in accordance with § 107.805 to 1990, total removal of these cylinders requalify DOT specification cylinders. III. Analysis of Comments would be accomplished by the year Commenters suggest it may be difficult We received comments from several 2030. In this SNPRM we are proposing to locate approved requalifiers with the individuals and organizations, the addition of a 40-year service life on capability to conduct eddy current including cylinder manufacturers, existing DOT 3AL cylinders examinations. representatives of the SCUBA and manufactured of aluminum alloy 6351– We recognize it may be difficult to compressed gas industries, and eddy T6. Under this proposal, cylinders locate an inspector qualified to perform
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the EE and specifically approved in equipment supplied by a particular We agree with the commenters. In this accordance with § 107.805. In this manufacturer. In this SNPRM, we are SNPRM, we are proposing additional SNPRM we are proposing to require revising Part 180, Appendix C to training requirements in Part 180, each cylinder made of aluminum alloy provide general eddy current and visual Appendix C for persons who perform 6351–T6 to be initially examined using examination procedures, recordkeeping EEs combined with visual examinations the eddy current/visual examinations requirements, and personnel of DOT 3AL cylinders manufactured of within 3 years from publication of a qualifications. In addition, we are aluminum alloy 6351–T6. We are final rule in the Federal Register. We proposing to require requalifiers to soliciting comments on the proposed believe the transition period provides a develop, update, and maintain training requirements. sufficient amount of time for inspectors examination procedures applicable to to obtain approval to perform eddy the test equipment they use to perform E. CO2 Service current/visual examinations in eddy current examinations. The requalification method proposed accordance with § 107.805. We are The NPRM proposed that cylinders in the NPRM for aluminum cylinders soliciting comments on the proposed 3 found to have a two-thread crack in the constructed of 6351–T6 aluminum alloy year transition period for initial eddy- neck or shoulder area must be rejected. would have applied only to cylinders current/visual examinations of the Some commenters recommend revising used in SCUBA, SCBA, and oxygen affected cylinders. the rejection criteria to include any service. We did not propose to require crack in the cylinder, rather than any C. Eddy Current and Visual cylinders used in CO2 service to be two-thread crack. These commenters subjected to the visual and eddy current Examination Method (Part 180, suggest more stringent rejection criteria Appendix C) examination. will provide a higher level of safety. One commenter expresses concern Several commenters recommend We disagree. The rejection criteria that the proposed revision to the changes to the EE procedures specified stated in the NPRM are based on the requalfication method for aluminum in proposed Appendix C to Part 180. size of the notch in the standard alloy cylinders does not include Some commenters suggest the reference ring used to calibrate the eddy cylinders used in CO service. The procedures provided in Appendix C to current equipment. Aluminum cylinder 2 commenter states, ‘‘It is true that CO Part 180 is outdated. They recommend manufacturers and eddy current experts 2 beverage cylinders are typically filled to revising the language to more have conducted extensive research to lower pressures than those used in appropriately reflect the terminology determine the SLC rejection criteria. SCUBA, SCBA and oxygen services. used in the industry today. In addition, The two-thread length is based on a However, the incidence of SLC is great some commenters suggest the procedure correlation between SLC depth and enough that we believe it compromises is too specific. One commenter states, growth-rate. The SLC initiates from the safety to exclude any cylinders from the ‘‘by detailing the exact steps to be crown (shoulder) and proceeds toward proposed rule.’’ Another commenter followed and describing how the probe the neck of the cylinder. Research has conducted an in-house survey of must be handled, how the defect signal shown existing cracks shorter than two condemned cylinders over a three year should look, etc., you are in essence threads are not likely to become critical period (2001–2003). The results of the stating that only one manufacturer’s prior to the next requalification (five survey showed a significant number of equipment is acceptable for the test.’’ years). These commenters note the operational The regulations do not currently CO2 cylinders condemned due to SLC. procedures for eddy current equipment specify whether the eddy current We agree with commenters that vary with the manufacturer and test examination should be conducted aluminum cylinders used in CO2 service equipment. To avoid confusion and before, or after the hydrostatic test. One are susceptible to SLC. In this SNPRM, conflicting procedures, these commenter requested clarification of we propose to expand the scope of the commenters recommend requiring EEs this issue. To clarify, the eddy current rulemaking to include CO2 cylinders. in accordance with the manufacturer’s and visual examination may be Many users of aluminum alloy cylinders instructions. Some commenters performed either before or after the in the beverage service industry are recommend revising Appendix C to Part hydrostatic examination. already conducting EEs. We believe 180 to list the elements that must be including CO2 cylinders will further included in the procedure, and the D. Training enhance transportation safety. criteria by which cylinders must be The NPRM proposed that in addition F. Operational Controls for Filling condemned, without stating specific to the periodic requalification and Aluminum Alloy Cylinders procedural methods. They suggest this marking described in § 180.205, will avoid limiting the industry to cylinders manufactured of aluminum In the NPRM, we proposed to add specific procedures that may conflict alloy 6351–T6 used in SCUBA, SCBA, operational controls during the filling of with current manufacturer and oxygen services must be subjected cylinders constructed of aluminum recommendations used by industry to an eddy current and visual alloy 6351–T6. The proposed today. One commenter states it is examination. The NPRM did not operational controls included a inappropriate for PHMSA to refer to propose additional training provision requiring the cylinder filler to equipment produced by specific requirements for persons performing allow only those individuals essential to manufacturers when describing the these examinations. the filling process to be in the vicinity requirements for an appropriate EE and Some commenters express concern of the cylinder during the filling suggest we remove any references to that persons performing the process. equipment produced by a specific combination visual and eddy current Commenters generally support this manufacturer. examination may not receive adequate requirement. One commenter suggests We agree with the commenters. The training to perform these tests. These the term ‘‘vicinity’’ is not clearly procedures proposed in Part 180, commenters suggest we add a formal defined and could lead to wide Appendix C may be too specific. function-specific training requirement interpretation. The commenter requests Further, it is not our intention to require for persons performing these we clarify the area that is intended to be or endorse the use of eddy current examinations. covered by the term ‘‘vicinity.’’
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We recognize the term vicinity could the risk of injury and property damage to adopt a standard for early detection be widely interpreted. The intent of this during the filling process. of SLC to reduce the risk of a cylinder requirement is to protect non-essential rupture and to establish a service life for Part 180 personnel and innocent bystanders from cylinders manufactured of aluminum injury if a cylinder were to rupture Section 180.205 alloy 6351–T6. during filling. For purposes of this We are proposing to revise paragraph B. Executive Order 12866 and DOT requirement, vicinity means a location (f)(4) to provide reference to Part 180, Regulatory Policies and Procedures near or around the filling operation that Appendix C for requalification This proposed rule is not considered would impose an unreasonable risk of requirements for DOT 3AL cylinders injury to an individual if the cylinder a significant regulatory action under manufactured of aluminum alloy 6351– section 3(f) of Executive Order 12866 were to rupture during the filling T6. process. The actual distance could vary and, therefore, was not reviewed by the broadly depending upon the type of Section 180.209 Office of Management and Budget. The proposed rule is not considered a safety mechanisms in place and the We are proposing to amend paragraph significant rule under the Regulatory actual square footage of a particular (a), the entry for the DOT 3AL cylinder Policies and Procedures of the filling location. in the ‘‘Requalification of Cylinders’’ Department of Transportation [44 FR table to add a reference to the new IV. Proposals in This SNPRM 11034]. paragraph (m). In addition, we propose The compliance costs associated with In this SNPRM, we are revising to add a new paragraph (m) to include this rule are minimal. The regulatory certain amendments originally proposed a NDE for cylinders manufactured of analysis indicates the increased cost for in the NPRM, expanding the scope of aluminum alloy 6351–T6. The NDE will imposing a 40-year service life, the rulemaking, and proposing be used to detect SLC in the neck and performing an NDE, and implementing additional requirements for DOT 3AL shoulder area of the cylinder. The initial operational controls is small compared cylinders manufactured of aluminum NDE would be required within three to the cost and safety risks of doing alloy 6351–T6. Proposed amendments years following publication of a final nothing; it is significantly less than the include: rule in the Federal Register, and every • cost of immediately removing all Expanded requalification and use five years thereafter. requirements to include DOT 3AL cylinders from service. The annual cylinders manufactured of aluminum Section 180.213 benefits of implementing the proposals alloy 6351–T6 used in CO2 service. We are revising paragraph (d) and in this NPRM total $1,123,969 for • A 40-year service life for cylinders adding a new paragraph (f)(8) to specify avoided injuries and fatalities compared manufactured of aluminum alloy 6351– the requalification marking to an annual cost to the industry of T6 and used in SCBA, SCUBA, oxygen requirements for aluminum cylinders $669,130. The economic evaluation data and CO2 service. were based on information obtained • successfully passing the combined eddy Additional training requirements current examination and visual from cylinder manufacturers, industrial for persons performing the eddy current inspection. We are soliciting comments gas companies, cylinder inspectors, and examination combined with a visual on whether ‘‘VE’’ is a suitable marking on metallurgical evaluation of the inspection. ruptured cylinders. A regulatory • designation for cylinders passing the Modified procedures and examination. analysis is available for review in the recordkeeping requirements for EEs. docket. • A requirement to perform the initial Appendix C to Part 180 C. Executive Order 13132 eddy current examination combined We are proposing to amend Appendix with visual inspection for DOT 3AL C to Part 180 to provide acceptable This proposed rule has been analyzed cylinders manufactured of aluminum procedures, training and recordkeeping in accordance with the principles and alloy 6351–T6 within three years of requirements for performing the eddy criteria contained in Executive Order publication of a final rule in the Federal current examination and visual 13132 (‘‘Federalism’’). This proposed Register. inspection of cylinders manufactured of rule would preempt State, local and aluminum alloy 6351–T6. Indian tribe requirements but does not V. Section-by-Section Review adopt any regulation with direct effects Part 173 VI. Regulatory Analyses and Notices on the States, the relationship between the National Government and the States, Section 173.301 A. Statutory/Legal Authority for This Rulemaking or the distribution of power and We are proposing to revise paragraph responsibilities among the various (d) and add a new paragraph (o) to This SNPRM is published under levels of government. Therefore, the impose a 40-year service life on authority of Federal hazardous materials consultation and funding requirements cylinders manufactured of aluminum transportation law (Federal hazmat law; of Executive Order 13132 do not apply. alloy 6351–T6 and used in SCBA, 49 U.S.C. 5101 et seq.). Section 5103(b) The Federal hazmat law, 49 U.S.C. SCUBA, oxygen and CO2 service. The of Federal hazmat law authorizes the 5101–5127, contains an express 40-year service life will promote safety Secretary of Transportation to prescribe preemption provision (49 U.S.C. by phasing out the use of cylinders regulations for the safe transportation, 5125(b)) preempting State, local, and susceptible to SLC. including security, of hazardous Indian tribe requirements on certain material in intrastate, interstate, and Section 173.302 covered subjects. Covered subjects are: foreign commerce. To this end, as (1) The designation, description, and We are proposing to add a new discussed in detail earlier in this classification of hazardous material; paragraph (e) to require that operational preamble, the SNPRM proposes to (2) The packing, repacking, handling, controls must be in place during the revise current HMR requirements labeling, marking, and placarding of filling process for cylinders applicable to aluminum cylinders hazardous material; manufactured of aluminum alloy 6351– manufactured using aluminum alloy (3) The preparation, execution, and T6. The operational controls will reduce 6351–T6. The purpose of the SNPRM is use of shipping documents related to
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hazardous material and requirements This proposed rule has been OMB control number. If these proposed related to the number, contents, and developed in accordance with Executive requirements are adopted in a final rule, placement of those documents; Order 13272 (‘‘Proper Consideration of PHMSA will submit the revised (4) The written notification, Small Entities in Agency Rulemaking’’) information collection and recording, and reporting of the and DOT’s policies and procedures to recordkeeping requirements to the unintentional release in transportation promote compliance with the Office of Management and Budget for of hazardous material; and Regulatory Flexibility Act to ensure approval. (5) The design, manufacturing, potential impacts of draft rules on small Requests for a copy of this fabricating, marking, maintenance, entities are properly considered. information collection should be directed to Deborah Boothe or T. Glenn reconditioning, repairing, or testing of a F. Paperwork Reduction Act packaging or container represented, Foster, Office of Hazardous Materials marked, certified, or sold as qualified PHMSA currently has an approved Standards (PHH–11), Pipeline and for use in transporting hazardous information collection under OMB Hazardous Materials Safety material. Control No. 2137–0022, Testing, Administration, Room 8430, 400 This proposed rule covers items 2 and Inspection, and Marking Requirements Seventh Street, SW., Washington, DC 5 and would preempt any State, local, for Cylinders’’ with 168,431 burden 20590–0001, Telephone (202) 366–8553. or Indian tribe requirements not meeting hours, and an expiration date of August We will publish a notice advising the ‘‘substantively the same’’ standard. 31, 2008. This supplemental notice of interested parties of the OMB approval proposed rulemaking may result in a Pursuant to § 5125(b)(2) of the Federal for this information collection request modest increase in annual burden and hazmat law, if the Secretary of when approved by OMB. costs based on a new information In addition, you may submit Transportation issues a regulation collection requirement. These proposals comments specifically related to the concerning any of the covered subjects, regarding the shipment of aluminum information collection burden to the the Secretary must determine and cylinders may result in a new PHMSA Desk Officer, OMB, at fax publish in the Federal Register the information collection requirement will number 202–395–6974. Under the effective date of Federal preemption. be submitted to OMB for review and Paperwork Reduction Act of 1995, no The effective date may not be earlier approval. person is required to respond to an than the 90th day following the date of Section 1320.8(d), Title 5, Code of information collection unless it displays issuance of the final rule and not later Federal Regulations requires PHMSA to a valid OMB control number. than two years after the date of issuance. provide interested members of the PHMSA has determined the effective G. Regulation Identifier Number (RIN) public and affected agencies an date of Federal preemption for these opportunity to comment on information A regulation identifier number (RIN) requirements will be one year from the collection and recordkeeping requests. is assigned to each regulatory action date of publication of a final rule in the This notice identifies a new information listed in the Unified Agenda of Federal Federal Register. collection request PHMSA will submit Regulations. The Regulatory Information D. Executive Order 13175 to OMB for approval based on the Service Center publishes the Unified requirements in this supplemental Agenda in April and October of each This proposed rule has been analyzed proposed rulemaking. year. The RIN number contained in the in accordance with the principles and PHMSA has developed burden heading of this document can be used criteria contained in Executive Order estimates to reflect changes in this to cross-reference this action with the 13175 (‘‘Consultation and Coordination SNPRM. PHMSA estimates the total Unified Agenda. with Indian Tribal Governments’’). information collection and H. Unfunded Mandates Reform Act Because this proposed rule does not recordkeeping burden as proposed have tribal implications, does not would be as follows: This proposed rule does not impose impose substantial direct compliance OMB No. 2137–0022: unfunded mandates under the costs, and is not required by statute, the Total Annual Number of Responders: Unfunded Mandates Reform Act of funding and consultation requirements 139,352. 1995. It does not result in costs of of Executive Order 13175 do not apply. Total Annual Responses: 153,287. $120.7 million or more to either State, E. Regulatory Flexibility Act, Executive Total Annual Burden Hours: 271,461. local or tribal governments, in the Order 13272, and DOT Regulatory Total Annual Burden Cost: aggregate, or to the private sector, and Polices and Procedures $2,615,515. is the least burdensome alternative that Total One-Time Start-Up Cost: achieves the objective of the rule. The Regulatory Flexibility Act (5 $964,000. U.S.C. 601 et seq.) requires an agency to PHMSA specifically requests I. Environmental Assessment review regulations to assess their impact comments on the information collection The National Environmental Policy on small entities unless the agency and recordkeeping burdens associated Act of 1969 (NEPA), as amended (42 determines a rule is not expected to with developing, implementing, and U.S.C. 4321–4347), requires Federal have a significant economic impact on maintaining these requirements for agencies to consider the consequences a substantial number of small entities. approval under this proposed rule. of major federal actions and prepare a This rule imposes only minimal new Address written comments to the detailed statement on actions costs of compliance on the regulated Dockets Unit as identified in the significantly affecting the quality of the industry. Based on the assessment in the ADDRESSES section of this rulemaking. human environment. There are no regulatory evaluation, I hereby certify We must receive your comments prior significant environmental impacts that while this rule applies to a to the close of comment period associated with this proposed rule. substantial number of small entities, identified in the DATES section of this PHMSA is amending requirements in there will not be a significant economic rulemaking. Under the Paperwork the HMR pertaining to DOT 3AL impact on those small entities. A Reduction Act of 1995, no person is aluminum cylinders. The purpose of detailed Regulatory Flexibility analysis required to respond to an information this rulemaking initiative is to minimize is available for review in the docket. collection unless it displays a valid personal injury during the cylinder
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filling process and to adopt a standard Authority: 49 U.S.C. 5101–5127, 44701; 49 (e) DOT 3AL cylinders manufactured for early detection of sustained load CFR 1.45, 1.53. of 6351–T6 aluminum alloy. Suitable cracking in order to reduce the risk of safeguards should be provided to 2. In § 173.301, paragraph (d) is a cylinder rupture. Adopting a standard protect personnel and facilities should revised and a new paragraph (o) is for early detection of sustained load failure occur while filling cylinders added to read as follows: cracking in order to reduce the risk of manufactured of aluminum alloy 6351– a cylinder rupture has no potential for § 173.301 General requirements for T6 used in self-contained underwater environmental damage or shipment of compressed gases in cylinders breathing apparatus (SCUBA), self- contamination. and spherical vessels. contained breathing apparatus (SCBA), oxygen and Carbon dioxide services. J. Privacy Act * * * * * (d) Gases capable of combining The cylinder filler should allow only Anyone is able to search the chemically. A filled cylinder may not those individuals essential to the filling electronic form of all comments contain any gas or material capable of process to be in the vicinity of the received into any of our dockets by the combining chemically with the cylinder during the filling process. name of the individual submitting the cylinder’s contents or with the comment (or signing the comment, if PART 180—CONTINUING cylinder’s material of construction, so as submitted on behalf of an association, QUALIFICATION AND MAINTENANCE to endanger the cylinder’s serviceability. business, labor union, etc.). You may OF PACKAGINGS review DOT’s complete Privacy Act * * * * * 4. The authority citation for part 180 Statement in the Federal Register (o) DOT 3AL cylinders made of continues to read as follows: published on April 11, 2000 (Volume aluminum alloy 6351–T6. A DOT 3AL 65, Number 70; Pages 19477–78) or you cylinder manufactured of aluminum Authority: 49 U.S.C. 5101–5127; 49 CFR may visit http://dms.dot.gov. alloy 6351–T6 and used in self- 1.53. contained underwater breathing List of Subjects 5. In § 180.205, paragraph (f)(4) is apparatus (SCUBA), self-contained revised to read as follows: 49 CFR Part 173 breathing apparatus (SCBA), oxygen, or CO2 services has a 40-year service life § 180.205 General requirements for Hazardous materials transportation, requalification of cylinders. Incorporation by reference, Packaging from the date of manufacture. No person * * * * * and containers, Radioactive materials, may fill and offer for transportation or (f) * * * Reporting and recordkeeping transport a DOT 3AL cylinder made of (4) In addition to other requirements requirements, Uranium. aluminum alloy 6351–T6 that has been in service longer than forty years. prescribed in this paragraph (f), a 49 CFR Part 180 However, a cylinder in transportation or specification cylinder made of Hazardous materials transportation, a cylinder filled prior to the expiration aluminum alloy 6351–T6 must be Incorporation by reference, Motor of its authorized service life may be inspected for sustained load cracking in vehicle safety, Packaging and transported for reprocessing or disposal accordance with Appendix C of this containers, Reporting and recordkeeping of the cylinder’s contents. A DOT 3AL part. requirements. cylinder manufactured of aluminum * * * * * alloy 6351–T6 may not be filled and In consideration of the foregoing, we 6. In § 180.209, in paragraph (a), in offered for transportation or transported propose to amend 49 CFR chapter I, the ‘‘Requalification of Cylinders’’ table with pyrophoric gases. subchapter C as follows: the entry ‘‘DOT 3AL’’ is revised, and a 3. In § 173.302, a new paragraph (e) is new paragraph (m) is added to read as PART 173—SHIPPERS—GENERAL added to read as follows: follows: REQUIREMENTS FOR SHIPMENT AND § 180.209 Requirements for requalification PACKAGES § 173.302 Filling of cylinders with nonliquefied (permanent) compressed of specification cylinders. 1. The authority citation for part 173 gases. * * * * * continues to read as follows: * * * * * (a) * * *
TABLE 1.—REQUALIFICATION OF CYLINDERS 1
Specification under which cylinder was made Minimum test pressure (psig.) 2 Requalification period (years)
******* DOT 3AL ...... 5/3 times service pressure ...... 5 or 12 (see § 180.209(j) and § 180.209(m) 3).
******* 1 Any cylinder not exceeding 2 inches outside diameter and less than 2 feet in length is excepted from volumetric expansion test. 2 For cylinders not marked with a service pressure, see § 173.301(e)(1) of this subchapter. 3 This provision does not apply to aluminum cylinders used in fire extinguisher service.
* * * * * alloy 6351–T6 used as a self-contained load cracking in accordance with the (m) DOT–3AL cylinders manufactured underwater breathing apparatus non-destructive examination method of 6351–T6 aluminum alloy. In addition (SCUBA), a self-contained breathing described in the following table. Each to the periodic requalification and apparatus (SCBA), or in oxygen or cylinder with sustained load cracking marking described in § 180.205, each Carbon dioxide service must be that has expanded into the neck threads cylinder manufactured of aluminum requalified and inspected for sustained must be condemned in accordance with
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§ 180.205(i). This provision does not gases in other than Carbon dioxide apply to aluminum cylinders used in service. fire extinguisher service or industrial
REQUALIFICATION AND INSPECTION OF DOT–3AL CYLINDERS MADE OF ALUMINUM ALLOY 6351–T6
Sustained load cracking Requalification pe- Requalification requirement Examination procedure 1 riod rejection criteria 2 (years) 3
Eddy current examination In accordance with Appendix C of this part. Visual inspec- Any 2-thread crack in the 5 combined with visual in- tion—In accordance with CGA Pamphlet C–6.1 (IBR; see neck or shoulder area. spection. § 171.7 of this subchapter). 1 The requalifier performing eddy current must be familiar with the eddy current equipment and must standardize (calibrate) the system in ac- cordance with the requirements provided in Appendix C to this part. 2 The eddy current must be applied from the inside of the cylinder’s neck to detect any sustained load cracking that has expanded into the neck threads. 3 Each cylinder must receive an initial inspection using the eddy current examination combined with visual inspection prior to [DATE THREE YEARS FOLLOWING THE PUBLICATION DATE OF THE FINAL RULE IN THE Federal Register] and every 5 years thereafter.
7. In § 180.213, paragraph (d) Appendix C to Part 180—Eddy Current occurs first. These records must be made introductory text is revised and a new Examination With Visual Inspection for available for inspection by a representative of paragraph (f)(8) is added to read as DOT–3AL Cylinders Manufactured of the Department on request. Eddy current follows: Aluminum Alloy 6351–T6 examination records shall contain the following information: 1. Examination Procedure. Each facility § 180.213 Requalification markings. (i) Specification of each standard reference that performs eddy current examination with * * * * * visual inspection must develop, update, and ring used to perform the eddy current (d) Requalification markings. Each maintain a written examination procedure examination. cylinder that has successfully passed applicable to the test equipment it uses to (ii) DOT specification or exemption requalification must be marked with the perform eddy current examinations. number of the cylinder, manufacturer’s name RIN set in a square pattern, between the 2. Visual examinations. Visual or symbol, owner’s name or symbol, and date month and year of the requalification examinations of the neck and shoulder area of manufacture. date. The first character of the RIN must of the cylinder must be conducted before and (iii) Name of test operator performing the appear in the upper left corner of the after the eddy current examination and in eddy current examination. square pattern; the second in the upper accordance with CGA pamphlet C–6.1 (IBR; (iv) Date of eddy current examination. see § 171.7 of this subchapter). (v) Location and type of defect on the right; the third in the lower right; and 3. Eddy Current Equipment. A reference the fourth in the lower left. Example: A ring and probe for each DOT–3AL cylinder cylinder crown or the threaded neck (e.g., 5 cylinder requalified in September 1998, manufactured of aluminum alloy 6351–T6 to threads). and approved by a person who has been be inspected must be available at the (vi) Acceptance/rejection results (e.g. pass issued RIN ‘‘A123’’, would be marked examination facility. Eddy current equipment or fail). plainly and permanently into the metal must be capable of accurately detecting the (vii) Retester identification number. of the cylinder in accordance with notches on the standard reference ring. 8. Personnel Qualification Requirements. location requirements of the cylinder 4. Eddy Current Reference Ring. The Each person who performs eddy current and reference ring must be produced to represent specification or on a metal plate visual examinations, and evaluates and the outer diameter (O.D.) of each cylinder to certifies retest results must satisfy one of the permanently secured to the cylinder in be tested. The reference ring must include following qualification requirements: accordance with paragraph (b) of this artificial notches that will simulate a neck section. An example of the markings crack. The size of the artificial notch (depth (i) Is certified to a minimum Level I in 1 accordance with the American Society for prescribed in this paragraph (d) is as and length) must have a depth equal to ⁄3 of follows: the wall thickness of the neck and a length Nondestructive Testing (ASNT) equal to two threads. The standard reference Recommended Practice SNT–TC–1A; or A1 must have a drawing that includes the (ii) Has received a certification by the 998X diameter of the ring, and depth and length of employer or the eddy current equipment 32 each notch. manufacturer that he/she has been trained Where: 5. Rejection Criteria. A cylinder must be and tested in the eddy current and visual ‘‘9’’ is the month of requalification rejected if the eddy current examination examination procedures. reveals any crack in the neck of 2 thread ‘‘A123’’ is the RIN 9. Training Records. A record of current ‘‘98’’ is the year of requalification, and lengths or more. 6. Examination equipment records. training must be maintained for each ‘‘X’’ represents the symbols described in Records of eddy current inspection shall employee who performs eddy current and paragraphs (f)(2) through (f)(8) of contain the following information: visual examinations in accordance with this section. (i) Equipment manufacturer, model § 172.704(d). * * * * * number and serial number. Issued in Washington, DC on October 17, (f) * * * (ii) Probe description and unique 2005, under authority delegated in 49 CFR (8) For designation of the eddy identification (e.g., serial number, part parts 1.45 and 1.53. number, etc.). current examination combined with a Robert A. McGuire, visual inspection, the marking is as 7. Eddy current examination reporting and record retention requirements. Daily records Associate Administration for Hazardous illustrated in paragraph (d) of this of eddy current examinations must be Materials Safety. section, except that the ‘‘X’’ is replaced maintained by the person who performs the [FR Doc. 05–21273 Filed 10–25–05; 8:45 am] with the letters ‘‘VE.’’ requalification until either the expiration of 8. In Part 180, Appendix C is added the requalification period or until the BILLING CODE 4910–60–P to read as follows: cylinder is again requalified, whichever
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DEPARTMENT OF THE INTERIOR normal business hours at the above mechanisms in the form of State laws address. and wolf management plans that would Fish and Wildlife Service FOR FURTHER INFORMATION CONTACT: Ed reasonably assure that the gray wolf Bangs, Western Gray Wolf Recovery would not become threatened or 50 CFR Part 17 Coordinator, at telephone number 406– endangered again. 449–5225, extension 204. On April 1, 2003, we published a final Endangered and Threatened Wildlife rule revising the listing status of the SUPPLEMENTARY INFORMATION: and Plants; 90-day Finding on gray wolf across most of the Petitions to Establish the Northern Background conterminous United States from Rocky Mountain Distinct Population Historically, wolves (Canis lupus) endangered to threatened (68 FR 15804). Segment of Gray Wolf (Canis lupus) occupied all of the conterminous United On January 31, 2005, and August 19, and to Remove the Gray Wolf in the States, except for arid deserts and 2005, the U.S. District Courts in Oregon Northern Rocky Mountain Distinct mountaintops of the western United and Vermont, respectively, concluded Population Segment from the List of States and portions of the eastern and that the 2003 final rule was ‘‘arbitrary Endangered and Threatened Species southeastern United States (Youngman and capricious’’ and violated the ESA and Goldman 1944; Hall 1981; Mech (National Wildlife Federation v. Norton, AGENCY: Fish and Wildlife Service, 1:03–CV–340, D. VT. 2005; Defenders of Interior. 1974; Nowak 2000). The gray wolf was eliminated from Montana, Idaho, and Wildlife v. Norton, 03–1348–JO, D. OR ACTION: Notice of a 90-day petition 2005). The Courts’ rulings invalidated Wyoming by the 1930s (Young and finding and initiation of a status review. the April 2003 changes to the ESA Goldman 1944). Thereafter, only listing for the gray wolf (National isolated observations of individuals and SUMMARY: We, the U.S. Fish and Wildlife Federation v. Norton; Defenders non-breeding pairs were reported in the Wildlife Service (USFWS), announce a of Wildlife v. Norton). Therefore, the area. In 1974, the USFWS listed the 90-day finding for two petitions—(1) the USFWS currently considers the eastern timber wolf (C. l. lycaon) as first that sought removal of the gray wolf classification of the gray wolf in the threatened in Minnesota and the from the designation of endangered Rocky Mountains outside of areas northern Rocky Mountain wolf (C. l. under the Endangered Species Act of designated as nonessential experimental irremotus) as endangered in Montana 1973, as amended (ESA); and (2) the populations to have reverted back to the second that requested to establish the and Wyoming under the ESA (16 U.S.C. endangered status that existed prior to northern Rocky Mountain Distinct 1531 et seq.) (U.S. Department of the the 2003 reclassification. Population Segment (Rocky Mountain Interior 1974; 39 FR 1171, January 4, On October 30, 2001, we received a DPS) of gray wolf (Canis lupus) and to 1974). To eliminate problems with petition dated October 5, 2001, from the remove the gray wolf in the northern listing separate subspecies of the gray Friends of the Northern Yellowstone Elk Rocky Mountain DPS from the Federal wolf whose taxonomy was contentious, Herd, Inc., (hereafter referred to as the list of threatened and endangered and identifying relatively narrow Friends Petition) that sought removal of species, pursuant to the ESA. Although geographic areas in which those the gray wolf from the designation of only one of these petitions presented subspecies were protected, on March 9, endangered under the ESA (Karl substantial information, we have 1978, we published a rule (43 FR 9607) Knuchel, P.C., A Professional considered the collective weight of relisting the gray wolf at the species Corporation Attorneys at Law in litt. evidence indicating that the northern level (C. lupus) as endangered 2001a). On November 16, 2001, we sent Rocky Mountain population of gray throughout the conterminous 48 States a letter to the attorney representing this wolves may qualify as a DPS and that and Mexico, except for Minnesota, group acknowledging the petition and delisting may be warranted. We are where the gray wolf was reclassified as requested clarification on several issues initiating a status review to determine if threatened. In 1995 and 1996, we (T. J. Miller, USFWS, in litt. 2001). delisting the species is warranted. To reintroduced wolves from western Additional correspondence in late 2001 ensure that the review is Canada to remote public lands in central provided clarification of their intent that comprehensive, we are soliciting Idaho and Yellowstone National Park the petition only apply to the Montana, information and data regarding this (Bangs and Fritts 1996; Fritts et al. 1997; Wyoming, and Idaho population and species. Bangs et al. 1998). Prior to this that the petition request full delisting of reintroduction of wolves, we this population (Knuchel in litt. 2001b). DATES: The finding announced in this determined that a few lone individual In January 2002, this petition was document was made on October 17, wolves but no packs remained in Idaho, assigned to Region 6 of the USFWS for 2005. To be considered in the 12-month Wyoming, and Washington. By the end processing (T. J. Miller in litt. 2002). finding for this petitioned action, data, of 2004, there were an estimated 835 Since 2002, the USFWS has focused its information, and comments should be wolves in 110 packs in the United States limited wolf recovery funding and staff submitted to us by December 27, 2005. northern Rocky Mountains (USFWS et resources toward authoring regulations ADDRESSES: Data, information, written al. 2005). Sixty-six of these packs met and reclassification proposals, including comments and materials, or questions our definition of a ‘‘breeding pair’’ (i.e., the completion of the 2003 downlisting concerning these petitions and this an adult male and an adult female that rule discussed above; assisting the finding should be submitted to the U.S. raise at least 2 pups until December 31 Department of Justice in litigation; Fish and Wildlife Service, Western Gray of the year of their birth) (USFWS et al. preparation of administrative records; Wolf Recovery Coordinator, 100 N. Park, 1994; USFWS et al. 2005; 68 FR 15817, wolf recovery and management; Suite 320, Helena, Montana 59601. April 1, 2003). As noted in the 2003, responding to correspondence and Comments on this finding also may be 2004, and 2005 Rocky Mountain Wolf Freedom of Information Act requests (5 sent by electronic mail to Recovery Annual Reports, the USFWS U.S.C. 552, as amended by Pub. L. 104– [email protected]. The petition will propose delisting (removal from 231, 110 Stat. 3048); and other finding, supporting information, and protection under the ESA) once all administrative and legal mandates. comments are available for public provisions required for delisting are On July 19, 2005, we received a inspection, by appointment, during met, including adequate regulatory petition dated July 13, 2005, from the
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Office of the Governor, State of Discussion of Information Presented by including—(1) discreteness of the Wyoming and the Wyoming Game and the Petitions and Readily Available in population segment in relation to the Fish Commission (hereafter referred to our Files remainder of the taxon (i.e. Canis as the Wyoming Petition) to revise the The Friends Petition identified the lupus); (2) the significance of the listing status for the gray wolf (Canis organization requesting delisting, noted population segment to the taxon to lupus) by establishing the northern that the gray wolf was protected under which it belongs; and (3) the population Rocky Mountain DPS and to the ESA, and requested removal of the segment’s conservation status in relation concurrently remove the gray wolf in species from the protections of the ESA. to the ESA’s standards for listing (i.e., is the northern Rocky Mountain DPS from This two-page petition noted ‘‘that the population segment, when treated as if it were a species, endangered or the Federal list of threatened and substantial scientific and commercial threatened) (61 FR 4722, February 7, endangered species (Dave Freudenthal, information exists that supports the 1996). What follows is not a formal DPS Office of the Governor, State of request,’’ but failed to elaborate on this analysis. Instead, our finding considers Wyoming, in litt. 2005). On August 17, claim. The Friends Petition did not whether the petition states a reasonable 2005, we provided a written response to discuss—(1) whether the northern case that the petitioned population may the petitioner explaining our intention Rocky Mountain gray wolf population be a listable entity. to complete a 90-day finding on this constitutes a ‘‘listable entity’’ under the petition as soon as possible (Ralph ESA (i.e., a species, a subspecies, or a Discreteness Morgenweck, USFWS , in litt. 2005). Distinct Population Segment (61 FR Under our Policy Regarding the Section 4(b)(3)(A) of the ESA requires 4722, February 7, 1996)), or (2) any of Recognition of Distinct Vertebrate that we make a finding on whether a the five factors considered in delisting Population Segments, a population petition to list, delist, or reclassify a actions outlined in section 4(a)(1) of the segment of a vertebrate species may be species presents substantial scientific or ESA. While the Friends Petition considered discrete if it satisfies either commercial information indicating that provided a collection of ‘‘exhibits’’ in one of the following conditions—(1) It is the petitioned action may be warranted. support of its request, the petition failed markedly separated from other ‘‘Substantial information’’ is defined in to present a case for delisting that would populations of the same taxon (i.e., 50 CFR 424.14(b) as ‘‘that amount of lead a reasonable person to believe that Canis lupus) as a consequence of information that would lead a the measure proposed in the petition physical, physiological, ecological, or reasonable person to believe that the may be warranted. Therefore, the behavioral factors (quantitative measure proposed in the petition may remainder of this finding focuses on the measures of genetic or morphological be warranted.’’ Petitioners need not assertions of the Wyoming Petition. discontinuity may provide evidence of prove that the petitioned action is Below we respond to each of the major this separation); and/or (2) It is warranted to support a ‘‘substantial’’ assertions made in the Wyoming delimited by international governmental finding; instead, the key consideration Petition, including the assertions of boundaries within which differences in in evaluating a petition for discreteness and significance of a control of exploitation, management of substantiality involves demonstration of potential DPS and the ESA’s five listing habitat, conservation status, or the reliability and adequacy of the factors. regulatory mechanisms exist that are scientific and commercial information Both the Wyoming Petition and our significant in light of section 4(a)(1)(D) supporting the action advocated by the discussion of the information in our (‘‘the inadequacy of existing regulatory petition. We do not conduct additional files references scientific information in mechanisms’’) of the ESA (61 FR 4722, scientific and commercial research at the April 1, 2003, ‘‘Final rule to February 7, 1996). Below we discuss this point, nor do we subject the reclassify and remove the gray wolf three arguments for discreteness put petition to rigorous critical review from the list of endangered and forward by the Wyoming Petition, regarding the delisting factors. If we find threatened wildlife in portions of the including differences in management substantial scientific and commercial conterminous United States’’ (68 FR among populations in the United States information exists to support the 15804). Although this rule was vacated and Canada, physiological differences petitioned action, we are required to and enjoined by Oregon and Vermont among populations, and geographic and promptly commence a status review of Federal district courts, the scientific ecological factors separating information discussed below, cited to the species (50 CFR 424.14). To the populations. the April 1, 2003, Federal Register, was Discreteness Information Provided by maximum extent practicable, this not challenged in those courts. the Petitions—Management Differences finding is to be made within 90 days of Therefore, we still view this document Among the United States and Canada. receipt of the petition, and the finding as a valid summary of our view of the The Wyoming Petition states that the is to be published promptly in the science and a reliable summary of the northern Rocky Mountain gray wolf Federal Register. information in our files. This 90-day population in the United States and Species Information finding is not a status assessment and Canada are discrete from each other does not constitute a status review based on differences in exploitation and For detailed information on this under the ESA. conservation status. The Wyoming species see the April 1, 2003, ‘‘Final Petition provides no citations in support rule to reclassify and remove the gray Distinct Population Segment of this assertion. wolf from the list of endangered and Pursuant to the ESA, we shall Information in Our Files. This threatened wildlife in portions of the consider for listing any species, assertion is consistent with the conterminous United States’’ (68 FR subspecies, or, for vertebrates, any DPS information in our files and previous 15804). Additional information, of these taxa if there is sufficient USFWS determinations (68 FR 15804, including weekly gray wolf recovery information to indicate that such an April 1, 2003). On April 1, 2003, we status reports and the Rocky Mountain action may be warranted. Under our published a Federal Register notice Wolf Recovery 2005 Annual Report, are DPS policy, we must consider three which stated, ‘‘The Vertebrate available online at http:// factors in a decision regarding the Population Policy allows us to use westerngraywolf.fws.gov/. establishment of a possible DPS, international borders to delineate the
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boundaries of a DPS even if the current as a consequence of physical gap in the range of the taxon; (3) distribution of the species extends (geographic) and ecological factors. The Evidence that the discrete population across that border. Therefore, we will Wyoming Petition cites to a sizable segment represents the only surviving continue to use the United States— collection of literature (68 FR 15804, natural occurrence of a taxon that may Canada border to mark the northern April 1, 2003; Mech 1989; Mech et al. be more abundant elsewhere as an portions of the (DPS) * * * due to the 1988; Oakleaf et al. 2003; Thiel 1985; introduced population outside its difference in control of exploitation, USFWS 1987, 1994; USFWS et al. 2003, historic range; and/or (4) Evidence that conservation status, and regulatory 2004, 2005) suggesting that a broad the discrete population segment differs mechanisms between the two countries. region of unsuitable habitats markedly from other populations of the In general, wolf populations are more surrounding the established northern species in its genetic characteristics (61 numerous and wide-ranging in Canada; Rocky Mountain population constitutes FR 4722, February 7, 1996). The therefore, wolves are not protected by a significant physical separation that Wyoming Petition only presented Federal laws in Canada and are publicly effectively isolates this population from information suggesting the loss of the trapped in most Canadian provinces’’ distant, potentially suitable habitats. northern Rocky Mountain gray wolf (68 FR 15819, April 1, 2003). Wolves in Information in Our Files. This population would represent a Canada are publicly harvested and assertion is consistent with the significant loss in the range of the taxon. subject to very liberal defense of information in our files and previous Below we discuss only this assertion. property take in most provinces USFWS determinations (68 FR 15804, Information Provided in the Petitions (Pletscher et al. 1991; Mech and Boitani April 1, 2003). On April 1, 2003, we on Significance. The Wyoming Petition 2003; Bangs et al. 2004; Phillips et al. published a Federal Register notice suggests that the loss of the northern 2005). which stated, ‘‘To date, we have no Rocky Mountain wolf population would Discreteness Information Provided by evidence that any wolves from any of create a significant gap in the taxon’s the Petitions—Physiological Differences. [the United States wolf populations] range as this is one of only two self- The Wyoming Petition asserts that the have dispersed [into other United States sustaining, viable populations of gray northern Rocky Mountain population of wolf populations], although we expect wolves in the United States. The gray wolves also is markedly separated such dispersals to occur. The current Wyoming Petition provides no citations from other populations of the same gray wolf populations * * * are in support of this assertion. taxon as a consequence of physiological separated from [other] gray wolf Information in Our Files. The USFWS (e.g., morphological) factors. The populations * * * by large areas that concurs with the assertion that the loss Wyoming Petition cites our 2003 are not occupied by breeding of this population would represent a Federal Register notice (68 FR 15804, populations of resident wild gray significant gap in the range of the taxon. April 1, 2003) and analyzes three of our wolves. Although small numbers of On April 1, 2003, we published a sources (Brewster and Fritts 1994; dispersing individual gray wolves have Federal Register notice which stated Nowak 1994; Wayne et al. 1994) in been seen in some of these unoccupied that the loss of any of the three wolf support of its statements that the areas, and it is possible that individual populations in the conterminous States northern United States Rocky Mountain dispersing wolves can completely cross ‘‘would clearly produce huge gaps in wolf population is significantly larger some of these gaps between occupied current gray wolf distribution in the 48 than other wolf populations in the areas and may therefore join another States’’ (68 FR 15819). Given historic United States. wolf population, we believe that the occupancy of the conterminous States Information in Our Files. As suggested existing geographic isolation of wolf and the portion of the historic range the by the Wyoming Petition, gray wolves in populations * * * far exceeds the conterminous States represent, recovery the northern Rocky Mountains differ Vertebrate Population Policy’s criterion of wolves in the lower 48 has long been physiologically from other United States for discreteness’’ (68 FR 15818, April 1, viewed as important to the taxon (U.S. wolf populations. The average male 2003). Based on suitable habitat Department of the Interior 1974; 39 FR wolf in the northern Rockies weighs modeling (Oakleaf et al. 2005; Carroll et 1171, January 4, 1974; 43 FR 9607, approximately 45 kilograms (kg) (100 al. in prep.), genetic analysis (Forbes March 9, 1978; Mech and Boitani 2003). pounds (lb)) (68 FR 15804, April 1, and Boyd 1997; Boyd and Pletscher Although this 90-day finding has 2003). By contrast, the average male 1999), and known wolf distribution and determined that the petition and other wolf in Wisconsin weighs 35 kg (77 lb) movement patterns (Bangs et al. 1996, readily available information in our files (Wisconsin Department of Natural 1998; Pletscher et al. 1991, 1998; present a reasonable case that the Resources 1999; 68 FR 15804, April 1, Phillips et al. 2005; USFWS et al. 1994, northern Rocky Mountain population of 2003) and the average historic weights 2003, 2004, 2005), wolves in the gray wolves may be both discrete from of wild Mexican wolves ranged from 25 northern Rocky Mountains appear other wolf populations and significant to 49 kg (54 to 99 lb) (Young and discrete from other United States wolf to the taxon, this finding expresses no Goldman 1944). According to Gipson et populations. final agency view (1) as to the ultimate al. (2002), wolves of the Northern Rocky issue of whether this population Significance Mountains are slightly larger and qualifies as a DPS; nor (2) where to draw contain greater numbers of individuals If we determine a population segment the boundaries of a potential DPS. with black pelts than other wolf is discrete, we next consider available populations within the continental scientific evidence of its significance to Conservation Status United States. Thus, this assertion is the taxon (i.e., Canis lupus) to which it What follows is not a formal status consistent with the information in our belongs. Our DPS policy states that this review under the ESA. Our finding files. consideration may include, but is not considers only whether the petition and Discreteness Information Provided in limited to, the following—(1) information in our files presents a the Petitions—Physical and Ecological Persistence of the discrete population reasonable case that the petitioned Factors. The Wyoming Petition asserts segment in an ecological setting unusual action may be warranted. Section 4 of that the northern Rocky Mountain or unique for the taxon; (2) Evidence the ESA of 1973 and regulations population of gray wolves is markedly that loss of the discrete population promulgated to implement the listing separated from other wolf populations segment would result in a significant provisions of the ESA (50 CFR Part 424)
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set forth the procedures for listing, et al. (2005) and Carroll et al. (in prep), population dynamics in the northern reclassifying, and delisting species public lands and ungulate prey base in Rocky Mountains (USFWS 1994 as in 68 under the Federal list of endangered and northern Rocky Mountain wolf habitat FR 15804, April 1, 2003; Johnson 1992a, threatened species. A species may be appear largely secure. Thus, the USFWS 1992b as in 68 FR 15804, April 1, 2003). delisted, according to 50 CFR 424.11(d), finds that the petition’s discussion of The Wyoming Petition notes that if the best scientific and commercial Factor A presents substantial scientific disease and parasite occurrence require data available demonstrates that the and commercial information indicating diligent monitoring and appropriate species is no longer endangered or that delisting the species may be follow up for the foreseeable future threatened because of—(1) extinction; warranted. (Brand et al. 1995 as in 68 FR 15804, (2) recovery; or (3) error in the original April 1, 2003). B. Overutilization for Commercial, data used for classification of the Information in Our Files. As of 2003, Recreational, Scientific, or Educational species. The analysis for a delisting due disease did not appear to be having Purposes to recovery must be based on the five significant impacts on wolf population factors outlined in section 4(a)(1) of the Information Provided in the Petitions dynamics (68 FR 15804, April 1, 2003). ESA, including—(1) The present or on Factor B. The Wyoming Petition’s However, a recent outbreak of mange threatened destruction, modification, or discussion of Factor B cites to and has caused wolf mortality and curtailment of its habitat or range; (2) quotes from the final wolf downlisting reproductive failure in several packs in overutilization for commercial, rule (68 FR 15804, April 1, 2003). The the Greater Yellowstone Area and is recreational, scientific, or educational Wyoming Petition suggests that under investigation (Jimenez et al. in purposes; (3) disease or predation; (4) commercial, recreational, scientific, and prep.). While we view the information the inadequacy of existing regulatory educational take of wolves, their pelts, presented in the Petition as substantial, mechanisms; and (5) other natural or or other parts is believed to be rare. The additional evaluation of this issue is manmade factors affecting its continued Wyoming Petition notes that such necessary. existence. utilization will be controlled by State Information Provided in the Petitions regulatory mechanisms described in on Natural Predation. The Wyoming A. The Present or Threatened State wolf management plans for Idaho, Petition’s discussion of predation by Destruction, Modification, or Montana, and Wyoming (70 FR 1289, other wildlife cites to and quotes from Curtailment of Its Habitat or Range January 6, 2005). The Wyoming Petition the final wolf downlisting rule (68 FR Information Provided in the Petitions goes on to say that in National Parks, 15804, April 1, 2003). The Wyoming on Factor A. The Wyoming Petition’s post-delisting removal of wolves for Petition suggests that predation by other discussion of Factor A cites to and commercial, recreational, and wildlife occasionally occurs (Mech and quotes from the April 1, 2003 Federal educational purposes will be prohibited Nelson 1989 as in 68 FR 15804, April Register notice (68 FR 15804). The and post-delisting utilization for 1, 2003), but is not believed to be a Wyoming Petition suggests that public scientific purposes will also be significant mortality source (68 FR lands and ungulate prey base remain extremely rare (U.S.C. 16, Chapter 1, 15804, April 1, 2003). secure in suitable habitat. Regarding Sub Chapter V, Sect. 26). Finally, the Information in Our Files. This secure habitat in the northwestern Wyoming Petition notes that National assertion is consistent with the Montana, Central Idaho, and Greater Park non-lethal utilization of wolves information in our files and previous Yellowstone Area recovery zones, the will be limited in order to minimize USFWS determinations (68 FR 15804, 2003 Federal Register notice read, impacts to wolves. April 1, 2003). No wild animals ‘‘These areas of potential wolf habitat Information in Our Files. Although habitually prey on gray wolves. Wolves are secure and no foreseeable habitat- commercial, recreational, scientific, and are occasionally killed by prey that they related threats prevent them from educational take has been rare since are attacking (Mech and Nelson 1989), supporting a wolf population that listing and is likely to continue to be but those instances are rare. Wolf exceeds recovery levels’’ (68 FR 15845, rare (68 FR 15804, April 1, 2003), conflicts with mountain lions, grizzly April 1, 2003). Regarding ungulates, the adequate State plans are necessary to bears, and black bears rarely result in 2003 Federal Register notice read, ‘‘The regulate this issue post-delisting (Bangs the death of either species. Predation by States of Montana, Idaho, and Wyoming et al. 1998, 2004, 2005). To date, only other wildlife does not appear to have have managed resident ungulate the States of Idaho and Montana have significant impacts on wolf population populations for decades and maintained approved management plans for gray dynamics (Bangs et al. 1998; Smith et al. them at densities that would support a wolves (70 FR 1289, January 6, 2005). in prep.; USFWS et al. 2005). recovered wolf population. There is no The USFWS has concerns with portions Information Provided in the Petitions foreseeable condition that would cause of Wyoming’s State law and wolf on Human Predation. The Wyoming a decline in ungulate populations management plan relating to this factor Petition’s discussion of human significant enough to affect a recovered (USFWS Administrative Record 2004). predation cites to and quotes from the wolf population’’ (68 FR 15845, April 1, This issue is discussed further under final wolf downlisting rule for a 2003). The Wyoming Petition’s Factor D. discussion of this issue up to 2003 (68 discussion of this issue concludes with FR 15804, April 1, 2003). The Wyoming the suggestion that the analysis of C. Disease or Predation Petition notes that since the 2003 foreseeable impacts to habitat done by Information Provided in the Petitions analysis, 27 wolves were killed in 2003 the USFWS in 2003 remains valid in on Disease. The Wyoming Petition’s throughout the northern Rocky 2005. discussion of disease cites to and quotes Mountain region from human causes Information in Our Files. Although from the final wolf downlisting rule (68 other than control actions (USFWS et al. our 2003 analysis described threats to FR 15804, April 1, 2003). The Wyoming 2004) and that, in 2004, 54 wolves were habitat and range for a downlisting, a Petition suggests that although killed from human causes other than situation where many of the protections parvovirus, canine distemper, mange, control actions (USFWS et al. 2005). of the ESA would have remained in and brucellosis have all been However, the Wyoming Petition place, many of the same principles documented in wolves, none appear to suggests the total number of wolves apply to delisting. According to Oakleaf be a significant factor affecting wolf killed are not preventing the population
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from increasing; in fact, wolf the State (Williams, USFWS, in litt. population (USFWS et al. 1994; 68 FR populations have increased from 663 2004). Finally, the Wyoming definition 15804, April 1, 2003). This criterion was individuals in 2002, to 761 in 2003, to of a ‘‘pack’’ should be consistent among met at the end of 2002 and has been 835 in 2004 (USFWS et al. 2003, 2004, the three States and be biologically surpassed every year since (68 FR 2005). Finally, the Wyoming Petition based (Williams, USFWS, in litt. 2004). 15804, April 1, 2003; USFWS et al. notes that legal harvest by hunters will 2003, 2004, 2005). E. Other Natural or Manmade Factors be regulated under State laws, as On the whole, we find that the Affecting Its Continued Existence described in the State management Wyoming petition presents substantial plans for gray wolves. Information Provided in the Petitions scientific and commercial information Information in Our Files. Adequate on Factor E. The Wyoming Petition’s indicating that the northern Rocky State management is necessary to discussion of Factor E cites to and Mountain gray wolf population may regulate this issue post-delisting (Bangs quotes from the final wolf downlisting qualify as a DPS and that this potential et al. 2004, 2005). To date, only the rule (68 FR 15804, April 1, 2003), noting DPS may warrant delisting. Beyond States of Idaho and Montana have that ‘‘the primary determinant of the substantial population and approved management plans for gray long-term status of gray wolf distributional information indicating the wolves (70 FR 1289, January 6, 2005). populations in the United States will be northern Rocky Mountain gray wolf The USFWS has concerns with portions human attitudes toward this large population has met its biological of Wyoming’s State law and wolf predator. These attitudes are based on recovery goals, the Wyoming petition management plan relating to this factor the conflicts between human activities presented substantial information (USFWS Administrative Record 2004). and wolves, concern with the perceived regarding several of the five factors This issue is discussed further under danger the species may pose to humans, outlined in section 4(a)(1) of the ESA. Factor D. its symbolic representation of The Friends petition failed to present a wilderness, the economic effect of case for delisting that would lead a D. The Inadequacy of Existing livestock losses, the emotions regarding reasonable person to believe that the Regulatory Mechanisms threats to pets, the conviction that the measure proposed in the petition may Information Provided in the Petitions species should never be a target of sport be warranted. Although only one of on Factor D. The Wyoming Petition hunting or trapping, and wolf traditions these petitions presented substantial asserts that the regulatory mechanisms of Native American tribes.’’ information, we have considered the currently provided in Wyoming Statute Information in Our Files. This collective weight of evidence and are 23–1–304 and the Wyoming Gray Wolf assertion is consistent with the initiating a 12-month status review. Management Plan (2003) are sufficient information in our files and previous Although our January 2003 to reasonably assure Wyoming’s share of USFWS determinations. Public support determination that Wyoming’s the population will remain recovered for wolf recovery will be the primary regulatory mechanisms are inadequate into the foreseeable future. The determinant of the long-term status of is still valid, we will fully evaluate this Wyoming Petition suggests that—(1) the gray wolf populations in the United issue in the status review and welcome Wyoming management plan can be States (68 FR 15804, April 1, 2003). As improvements to Wyoming’s Statutes implemented within existing authorities noted in the 2003 Federal Register and the Wyoming Gray Wolf (State Attorney General in litt. 2003); (2) notice, ‘‘national support is evident for Management Plan made within the 12- the USFWS has overstated risks wolf recovery in the northern U.S. month status review time period. associated with the initial classification Rocky Mountains. With the continued of gray wolves as a ‘‘predatory animal’’; help of private conservation Information Solicited and (3) the Commission will reclassify organizations, States, and tribes, we can When we make a finding that wolves as ‘‘trophy game’’ if necessary. continue to foster public support to substantial scientific and commercial Information in Our Files. Based on maintain viable populations in * * * information is presented to indicate that our review of the State management the West’’ (68 FR 15804, April 1, 2003; delisting a species may be warranted, plans, peer review comments, and the Bangs et al. 2004). we are required to promptly commence State’s responses to those comments, a review of the status of the species. To USFWS has determined that both the Finding ensure that the status review is Montana and Idaho wolf management Based on the information presented in complete and based on the best plans are adequate to maintain their the petitions and information in our available scientific and commercial share and distribution of the tri-State files, it is reasonable to infer that the data, we are soliciting information on wolf population above recovery levels gray wolf population in the northern the northern Rocky Mountain (70 FR 1289, January 6, 2005). However, Rocky Mountains appears to have population of gray wolves. We request we have concerns with portions of experienced a significant recovery in any additional data, comments, and Wyoming’s State law and wolf terms of current population numbers suggestions from the public, other management plan (USFWS and distribution. At the end of 2004, concerned governmental agencies, Administrative Record 2004). The 835 wolves existed in 110 packs in the Native American Tribes, the scientific USFWS has determined that, for the northern Rocky Mountains (68 FR community, industry, or any other Wyoming statute and its State plan to 15804, April 1, 2003; USFWS et al. interested parties concerning the status constitute an adequate regulatory 2005). Sixty-six of these packs met our of the northern Rocky Mountain mechanism, in lieu of listing under the definition of a breeding pair. USFWS population of gray wolves. We are ESA, they must satisfy three conditions. determined that a minimum of 30 or seeking information regarding the First, Wyoming’s predatory animal more breeding pairs of wolves, species’ historical and current status status for wolves must be changed comprising 300 or more individuals in and distribution, its biology and (Steve Williams, USFWS, in litt. 2004). a metapopulation with some genetic ecology, ongoing conservation measures Second, to constitute an adequate exchange between subpopulations, with for the species and its habitat, and regulatory mechanism, Wyoming State an equitable distribution among the 3 threats to the species and its habitat law and plan must clearly commit to States for at least 3 successive years, including the adequacy of regulatory managing for at least 15 wolf packs in constitutes a viable and recovered wolf mechanisms. If you wish to comment or
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provide information, you may submit DEPARTMENT OF COMMERCE instructions at that site for submitting your comments and materials comments. concerning this finding to the Western National Oceanic and Atmospheric • Fax: 907–586–7557. Gray Wolf Recovery Coordinator, U.S. Administration • Mail: P.O. Box 21668, Juneau, AK Fish and Wildlife Service (see 99802–1668. ADDRESSES). 50 CFR Part 679 Copies of the regulatory impact review (RIR), prepared for this action Our practice is to make comments and [Docket No. 051017269–5269–01; I.D. 100705C] are available from NMFS at the above materials provided, including names address or from the NMFS Alaska and home addresses of respondents, RIN 0648–AT54 Region website at www.fakr.noaa.gov. available for public review during FOR FURTHER INFORMATION CONTACT: regular business hours. Respondents Fisheries of the Exclusive Economic Zone Off Alaska; Cape Sarichef Becky Carls, 907–586–7228 or may request that we withhold a [email protected]. respondent’s identity, to the extent Research Restriction Area Opening for SUPPLEMENTARY INFORMATION: allowable by law. If you wish us to the Groundfish Fisheries of the Bering The groundfish fisheries in the exclusive withhold your name or address, you Sea and Aleutian Islands Management economic zone of the BSAI and Gulf of must state this request prominently at Area Alaska (GOA) are managed by NMFS the beginning of your submission. AGENCY: National Marine Fisheries under the Fishery Management Plans However, we will not consider Service (NMFS), National Oceanic and (FMPs) for Groundfish of the BSAI and anonymous comments. To the extent Atmospheric Administration (NOAA), Groundfish of the GOA. The FMPs were consistent with applicable law, we will Commerce. prepared by the North Pacific Fishery make all submissions from ACTION: Proposed rule; request for Management Council (Council) under organizations or businesses, and from comments. the Magnuson-Stevens Act, 16 U.S.C. individuals identifying themselves as 1801 et seq. Regulations governing U.S. SUMMARY: NMFS proposes to open the representatives or officials of fisheries and implementing the FMPs Cape Sarichef Research Restriction Area organizations or businesses, available appear at 50 CFR parts 600 and 679. for public inspection in their entirety. in the Bering Sea and Aleutian Islands Management Area (BSAI) to directed Comments and materials received will Background and Need for Action fishing for groundfish using trawl, pot, be available for public inspection, by In October 2002, the Council adopted and hook-and-line gear from March 15, appointment, during normal business a regulatory amendment to implement a 2006, through March 31, 2006. Because seasonal closure to directed fishing for hours at the address listed above under NMFS’ Alaska Fisheries Science Center ADDRESSES. groundfish by vessels using trawl, pot, (AFSC) will not conduct research in this or hook-and-line gear in a portion of the References Cited area in 2006, closure of the Cape waters off Cape Sarichef just north of Sarichef Research Restriction Area is Unimak Pass in the Aleutians (68 FR A complete list of all references cited not needed. This action is intended to 11004, March 7, 2003). The purpose of herein is available upon request from relieve an unnecessary restriction on that action was to support an AFSC the Western Gray Wolf Recovery groundfish fisheries and allow the research project testing the hypothesis Coordinator, U.S. Fish and Wildlife optimum utilization of fishery that commercial trawl fishing imposed Service (see ADDRESSES). resources, in accordance with the localized depletion on stocks of Pacific Magnuson-Stevens Fishery Authority cod. The results of the research project Conservation and Management Act had the potential to provide information The authority for this action is the (Magnuson-Stevens Act). This proposed on the impacts of fishing on Pacific cod Endangered Species Act of 1973 as rule also would remove the regulations stocks, and on Steller sea lion forage for the Cape Sarichef Research amended (16 U.S.C. 1531 et seq.). resources. That research was scheduled Restriction Area, as well as regulations to occur in each of four consecutive Dated: October 17, 2005. for the Chiniak Gully Research Area years (2003 through 2006) between Matt Hogan, because both research projects have March 15 and March 31. The closure of Acting Director, Fish and Wildlife Service. ended. this area to pot, hook-and-line, and [FR Doc. 05–21344 Filed 10–25–05; 8:45 am] DATES: Comments on this proposed rule trawl gear users is applicable through BILLING CODE 4310–55–P must be received by November 25, 2005. March 31, 2006. ADDRESSES: Send written comments to In June 2005, AFSC staff reported to Sue Salveson, Assistant Regional the Council that their research results Administrator, Sustainable Fisheries over the first three years were so Division, Alaska Region, NMFS, Attn: unambiguous and consistent that they Lori Durall. Comments may be were ending the study one year earlier submitted by: than originally planned. The results of • Hand delivery: 709 West 9th Street, the Cape Sarichef study are available on Room 420A, Juneau, AK. the Internet at www.afsc.noaa.gov/ • E-mail: 0648–at54– Quarterly/amj2005/divrptsREFM6.htm. [email protected]. Include in the Because the study would not be subject line the following document conducted in 2006, AFSC staff indicated identifier: Cape Sarichef RIN that the special closure of the study area 0648-AT54. E-mail comments, with or for March 15–31, 2006, would not be without attachments, are limited to 5 needed. The Council recommended and megabytes. NMFS is proposing to remove the • Webform at the Federal eRulemaking closure specified in § 679.22(a)(11). Portal: www.regulations.gov. Follow the Maintaining the closure in 2006 would
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unnecessarily restrict the groundfish gross revenues less than or equal to $3.5 the supporting analyses for the present fisheries because no research will be million). The IRFA noted that affected action. The cost savings from relieving the conducted in 2006. Removing the 2006 operations could include vessels fishing with Cape Sarichef restriction would be expected trawl, pot, and hook-and-line gear trawl gear, hook-and-line, and pots, and to be about one-fourth (one year’s worth) of could include both catcher vessels and closure would allow vessels the impact of the original action. Therefore, catcher processors. No entities are affected by the presently proposed action is not expected participating in groundfish fisheries to removing the Chiniak Gully regulations to have a significant impact on any small harvest their total allowable catch because that closure is no longer applicable, entities. Likewise, revocation of obsolete amounts without the operational and removal of the obsolete references to it language for a closure that is no longer constraints imposed by the closure. in the regulations would be merely a applicable would impose no discernable In addition, this regulatory housekeeping amendment. impacts, positive or negative, on small amendment includes a housekeeping entities. This action would not place small measure that would remove regulations The IRFA noted that the original closure entities at a competitive disadvantage to large for the Chiniak Gully Research Area off action had the potential to adversely affect entities. Kodiak Island, which were applicable the revenues and costs of directly regulated small entities. Expected impacts were through December 31, 2004. reported likely to accrue due to reduced Because this proposed rule has no significant economic impacts on a Proposed Changes to Regulations catch per unit effort in alternative ‘‘open’’ fishing areas, and possible crowding substantial number of small entities, an In § 679.22, NMFS proposes to externalities (e.g., gear conflicts or initial regulatory flexibility analysis is remove and reserve paragraphs (a)(11) displacement). In addition, by forcing not required and none has been and (b)(3). Figure 21 to part 679, which operations to fish in different geographic and prepared. shows the Cape Sarichef Research temporal patterns than they would otherwise Restriction Area, also would be removed have voluntarily chosen, the closure might be List of Subjects in 50 CFR Part 679 and reserved. associated with some increased operating costs (e.g., longer running times and Alaska, Fisheries. Classification distances between port and remaining open Dated: October 20, 2005. NMFS has determined that the fishing grounds). This action would rescind James W. Balsiger, a fishing restriction that would otherwise Acting Deputy Assistant Administrator for proposed rule is consistent with the continue to impose costs, but yield no further Regulatory Programs, National Marine FMPs and preliminarily determined that scientific benefit which was the offsetting Fisheries Service. the rule is consistent with the factor that led to the original closure. The Magnuson-Stevens Act and other other aspect of this action simply excises For the reasons set out in the applicable laws. obsolete language from the regulations preamble, 50 CFR part 679 is proposed This proposed rule has been pertaining to a fishing area closure that is no to be amended as follows: determined to be not significant for longer applicable. Therefore, the proposed purposes of Executive Order 12866. action would cause no adverse economic PART 679—FISHERIES OF THE The Chief Counsel for Regulation of impacts on small entities. EXCLUSIVE ECONOMIC ZONE OFF ALASKA the Department of Commerce certified In general, the IRFA for the original Cape to the Chief Counsel for Advocacy of the Sarichef research closure found that the four- 1. The authority citation for part 679 Small Business Administration (SBA) year duration of the action that was continues to read as follows: that this proposed rule, if adopted, contemplated at the time would be associated would not have a significant economic with a very small potential for adverse Authority: 16 U.S.C. 773 et seq.; 1540(f); impact on a substantial number of small impacts on small entities. The current action 1801 et seq.; 1851 note; 3631 et seq. removes any further potential burden (i.e., entities as follows: § 679.22 [Amended] costs) associated with the Cape Sarichef The Initial Regulatory Flexibility Analysis closure, but does so for only one of the four 2. In § 679.22, remove and reserve (IRFA) prepared to support the original Cape years initially evaluated. Because the paragraphs (a)(11) and (b)(3). Sarichef closure found that in the years 1998 currently closed area is closer to the ports to 2001, between 36 and 67 entities had where catcher vessels deliver their harvests PART 679— [AMENDED] operated annually in the State of Alaska than are the likely alternative fishing 3. In part 679, remove and reserve statistical area (655430) that includes the grounds, lifting the Cape Sarichef restriction Figure 21 to Part 679—Cape Sarichef Cape Sarichef closure area. Smaller numbers would reduce running times, thus saving Research Restriction Area (Applicable both time and fuel. had fished in the two most recent years. through March 31, 2006). Between 21 and 56 of these appear to be small entities under the criteria used by the In retrospect, the costs of the four year [FR Doc. 05–21385 Filed 10–25–05; 8:45 am] SBA to identify small fishing entities (annual program appear to have been small based on BILLING CODE 3510–22–S
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Notices Federal Register Vol. 70, No. 206
Wednesday, October 26, 2005
This section of the FEDERAL REGISTER was withdrawn on October 17, 2005, in nutrients and organic material to the contains documents other than rules or favor of proceeding with an soils to maintain site productivity and proposed rules that are applicable to the Environmental Impact Statement. to provide future snags and down public. Notices of hearings and investigations, The White/White project area woody material for wildlife habitat. committee meetings, agency decisions and contains approximately 7,000 acres, all Commercial thinning (655 acres) would rulings, delegations of authority, filing of petitions and applications and agency on National Forest lands. The legal reduce the basal area in dense timbered statements of organization and functions are location is in portions of Sections 9, 10, stands down to about 160–180 square examples of documents appearing in this 14, 15, 16, 17, 20, 21, 22, 23, 28, 29, 32, feet per acre. Jackpot burning on section. 33, and 34, T35N, R6E; Sections 4 and approximately 50 acres would improve 5, T34N, R6E; Boise Meridian, Idaho the stand composition by creating County, Idaho. The proposed actions openings that can be planted with seral DEPARTMENT OF AGRICULTURE would occur on National Forest lands species. There is also an opportunity to and are all outside the boundaries of precommercial thin approximately Forest Service any inventoried roadless area or any 1,740 acres of young stands scattered areas considered for inclusion to the throughout the project area. Use of White/White Project, Clearwater National Wilderness System as existing, temporary, and permanent National Forest, Idaho County, ID recommended by the Clearwater roads would be needed to access timber AGENCY: Forest Service, USDA. National Forest Plan or by any past or harvest areas. An estimated 1.73 miles ACTION: Notice of intent to prepare an present legislative wilderness proposals. of existing roads would be reconstructed environmental impact statement. Purpose and Need for Action is to: (1) in addition to 0.5 miles of new specified Improve forest health, maintain, and/or road constructed to facilitate timber SUMMARY: The USDA, Forest Service, restore ecological processes, functions, removal. An estimated 1.81 miles of will prepare an Environmental Impact forest structure, and composition temporary roads would be constructed Statement (EIS) to disclose the expected to occur today and in the and obliterated following completion of environmental effect of timber harvest future under natural disturbance sale related activities. Watershed and watershed restoration activities in regimes by: (a) Emulating the scale of restoration activities would consist of an the White/White project area on the natural disturbance patterns through estimated 20.4 miles of roads Lochsa Ranger District of the Clearwater management activities; (b) re- decommissioned and 14.9 miles of National Forest. The White/White establishing white pine and larch as a existing roads put into intermittent project area is located in the Nevada major component of the forest storage (self-maintaining). This would Creek, Mike White Creek, Utah Creek, ecosystem; (c) reducing vegetative reduce motorized access by 35.3 miles. White Creek, Chamook Creek drainages, density to allow for increased tree vigor Possible Alternatives the Forest a tributaries to Lolo Creek, and vegetative health; (d) changing the Service will consider including the ‘‘no approximately 12 air-miles southeast of tree species mix to a greater percent of action’’ alternative in which none of the the town of Pierce, Idaho. early serial intolerant species which are proposed activities would be DATES: This project was previously more fire adapted and generally more implemented. Additional alternatives scoped in August 2, 1999 and rescoped disease resistant and which more being considered examine varying levels in May 24, 2001. The comments that closely emulates the historic species and locations for the proposed activities were received from the White/White EA composition of the landscape; (2) restore to achieve the proposal’s purpose and will be included in the documentation the aquatic ecosystem to a more natural need, as well as to respond to the issues for the EIS. A 45-day public comment process and functioning condition by: and other resource concerns. period will follow the release of the (a) Reducing road density through the The Responsible Official is the Forest draft environmental impact statement decommissioning of roads not necessary Supervisor of the Clearwater National that is expected in January 2006. The for future management; (b) replacing Forest, 12730 Highway 12, Orofino, ID final environmental impact statement is inadequate culverts that hinder stream 83544. The Responsible Official will expected in April 2006. connectivity for aquatic organisms; (c) decide if the proposed project will be ADDRESSES: Written comments and placing roads into long-term storage implemented and will document the suggestions concerning the scope of this (pulling culverts, waterbarring, seeding decision and reasons for the decision in project should be sent to Steve Bess and fertilizing) that are not currently a Record of Decision. That decision will ([email protected]), Project Leader, Lochsa needed but will be needed for future be subject to Forest Service Appeal Ranger District, Rt. 1, Box 398, Kooskia, management; and (3) managing the Regulations. The responsibility for ID 83539. landscape to provide for goods and preparing the DEIS and FEIS has been FOR FURTHER INFORMATION CONTACT: services deemed important to society. delegated to Cindy Lane, District Steve Bess ([email protected]), Project The Proposed Action would harvest Ranger, Lochsa Ranger District, Rt. 1 Leader, Lochsa Ranger District, Phone: timber through regeneration harvest, Box 398, Kooskia, ID 83539. (208) 926–4274. commercial thinning, and jackpot The Scoping Process was initiated SUPPLEMENTARY INFORMATION: The burning on approximately 1,215 acres of with the release of a Scoping Letter in original White/White analysis was forestland within the project area. August 1999, April 2001 and comments documented in an Environmental Regeneration harvest (510 acres) would received during the 30-day comment Assessment, followed by a Decision leave approximately 15–20 trees per period of the EA March 2003. Notice and Finding of No Significant acre as individual trees and/or in groups Comments received as a result of that Impact on June 3, 2003. The decision to provide a continued source of effort will be included in the
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documentation for the EIS. Additional as possible. It is also helpful if the Eldorado National Forest is not scoping will follow the release of the comments refer to specific pages or affected by this decision and is outside DEIS, expected in January 2006. This chapters of the draft statement. the scope of the project. proposal also includes openings greater Comments may also address the DATES: Comments on the proposed than 40 acres. A 60-day public review adequacy of the draft environmental action should be submitted within 30 period was initiated with the scoping of impact statement or the merits of the days of the date of publication of this this project on May 16, 2001. Approval alternatives formulated and discussed in Notice of Intent. The draft to exceed the 40-acre limitation was the statement. Reviewers may wish to environmental impact statement is received from the Regional Forester on refer to the Council on Environmental expected by June 2006 and the final March 21, 2003. Quality Regulations for implementing environmental impact statement is Preliminary Issues that could be the procedural provisions of the expected in October 2006. affected by proposed activities include National Environmental Policy Act at 40 ADDRESSES: Send written comments to aesthetics/scenery; air quality; CFR 1503.3 in addressing these points. economics; fuels treatment; future Comments received, including the John D. Berry, Forest Supervisor, management accessibility; heritage names and addresses of those who Eldorado National Forest, 100 Forni resources; old growth; retention of live comment, will be considered part of the Road, Placerville, CA 95667. and dead trees; riparian areas; size of public record on this proposal and will FOR FURTHER INFORMATION CONTACT: openings; soil compaction and be available for public inspection. Anthony V. Scardina, Route Designation productivity; threatened, endangered, Interdisciplinary Team Leader, Eldorado Authority: 40 CFR 1501.7 and 1508.22; sensitive, and management indicator Forest Service Handbook 1909.15, Section National Forest Supervisor’s Office by specifies of wildlife, fish and plants; 21. telephone at (530) 621–5276, FAX (530) tribal treaty rights; and water quality. 621–5297, or by e-mail at Dated: October 19, 2005. Early Notice of Importance of Public [email protected]. Participation in Subsequent Thomas K. Reilly, SUPPLEMENTARY INFORMATION: Environmental Review: A draft Forest Supervisor. environmental impact statement will be [FR Doc. 05–21334 Filed 10–25–05; 8:45 am] Purpose and Need for Action prepared for comment. The comment BILLING CODE 3410–11–M It is Forest Service policy to provide period on the draft environmental a diversity of road and trail impact statement will be 45 days from the date the Environmental Protection DEPARTMENT OF AGRICULTURE opportunities for experiencing a variety Agency publishes the notice of of environments and modes of travel availability in the Federal Register. Forest Service consistent with the National Forest The Forest Service believes, at this recreation role and land capability (FSM Eldorado National Forest, CA; Notice early stage, it is important to give 2353.03(2)). Modes of travel include of Intent To Prepare an Environmental reviewers notice of several court rulings hiking, horseback riding, motor biking, Impact Statement To Designate Routes related to public participation in the and so forth (FSM 2353.2). The for Public Off-Highway Wheeled Motor environmental review process. First, Eldorado National Forest Land and Vehicles reviewers of draft environmental impact Resource Management Plan (ENF statements must structure their AGENCY: Forest Service, USDA. LRMP) prohibits wheeled vehicle travel off of designated roads, trails, and participation in the environmental ACTION: Notice of intent to prepare an limited off-highway vehicle (OHV) use review of the proposal so that it is environmental impact statement. meaningful and alerts an agency to the areas (Sierra Nevada Forest Plan reviewer’s position and contentions. SUMMARY: The Forest Service will Amendment (SNFPA) Record of Vermont Yankee Nuclear Power Corp. v. prepare an environmental impact Decision (ROD), January 2004, S&G NRDC, 435 U.S. 519, 533 (1978). Also, statement to designate a portion of the #69). environmental objections that could be inventoried routes on the Eldorado In recent years, the use of OHVs raised at the draft environmental impact National Forest open to public off- across the Eldorado National Forest has statement stage but that are not raised highway wheeled motor vehicle 1 use, increased substantially. This increased until after completion of the final and assign the type of use(s) and season use has led to development of user- environmental impact statement may be of use allowed on each road and trail or created trails, increased conflict waived or dismissed by the courts. City portion thereof. Inventoried routes not between motorized and non-motorized of Angoon v. Hodel, 803 F.2d 1016, selected for designation for public off- uses; complaints about noise from 1022 (9th Cir. 1986) and Wisconsin highway wheeled motor vehicle use will adjacent landowners; and areas of Heritages, Inc. v. Harris, 490 F. Supp. be closed to public wheeled motor degraded soil, water, vegetation, and 1334, 1338 (E.D. Wis. 1980). Because of vehicles year round. Eldorado National wildlife habitat conditions. The current these court rulings, it is very important Forest maintenance level 3, 4, and 5 route inventory for Eldorado National that those interested in this proposed system roads subject to the Federal Forest identified approximately 2,830 action participate by the close of the 45- Highway Safety Act are currently miles of roads and trails currently day comment period so that substantive designated open to highway legal receiving some level of OHV use. Of comments and objections are made vehicles. The Forest Supervisor will not these, 2,110 miles of National Forest available to the Forest Service at a time propose to redesignate these roads for System roads and trails are managed for when it can meaningfully consider them off-highway wheeled motor vehicles. OHV use. and respond to them in the final The Rock Creek multi-use trail area on The underlying need for this proposal environmental impact statement. is to designate routes for public off- To assist the Forest Service in 1 The term off-highway wheeled motor vehicle in highway wheeled motor vehicle use on identifying and considering issues and this proposal means ‘‘any (wheeled) motorized the Eldorado National Forest. In meeting vehicle designed or capable of cross-country travel concerns on the proposed action, on or immediately over land, water, sand, snow, this need, the selection of designated comments on the draft environmental ice, marsh, swampland, or other natural terrain routes shall achieve the following impact statement should be as specific ***’’ (Executive Order 11644, as amended). purposes:
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Compliance With Code of Federal OHV use areas (SNFPA ROD, Standard Orders to protect natural resources and Regulation and Guideline 69, page 59). aid law enforcement.* * * ’’ • Maintenance level 2 forest roads • Minimize damage to soil, Compliance With the United States will generally be designated as open to watersheds, vegetation, or other District Court for the Eastern District of green sticker OHV use unless adverse resources (36 CFR 295.2(b)(1)). California (Case CIV–S–02–0325 LKK/ environmental impacts or conflicts with • Minimize soil erosion and JFM, August 16, 2005, Senior Judge other uses are identified (ENF LRMP, compaction of soils resulting in loss of Lawrence K. Karlton) soil productivity and sedimentation to Management Practice 27, page 4–83). • • Issue a Final Environmental Impact waterways. Selected maintenance level 1 forest Statement and Record of Decision on a • Minimize disturbance and roads (currently blocked) may be new ENF OHV Plan to be consistent sedimentation to riparian areas, designated for OHV use if such use is with regional guidelines for OHV route wetlands, and waterways adversely not found to be in conflict with the designation, with new national OHV impacting fish, amphibians, and original reason for closing the road ENF regulations which the Forest Service wildlife. LRMP, Management Practice 27, page 4– expects will be promulgated later this • Minimize spread of invasive, non- 83). year, and with the requirements of the native, and noxious weeds along travel • Selected maintenance level 3, 4, National Environmental Policy Act and routes. and 5 Forest roads may be considered • Minimize disturbance, for combined use designation where the National Forest Management Act. displacement of artifacts, destruction, their use would enhance opportunities Additional Purpose and Needs and malicious access (including theft) to for OHVs and would not conflict with Identified from Public Input other uses or resource considerations historic and archaeological sites. • Provide for a safe and sustainable • (ENF LRMP, Management Practice, page Prevent the creation of additional variety of OHV access and 4–83). routes in environmentally sensitive opportunities. Ensure a balance of 4X4, areas. • In each deer herd winter range and • ATV, and motorcycle routes. Minimize harassment of wildlife or fawning areas, motorized trails will be • Provide motorized access to heavily significant disruption of wildlife habitat limited to an average of 2.5 miles per used and traditional dispersed sites and (36 CFR 295.2(b)(2)). square mile. Open roads will be limited • destinations. Minimize disturbance and impacts to an average of 2.5 miles per square • Consider designating existing non- to wildlife and botanical resources. mile (ENF LRMP, Management Practice system routes that create loops, thru- • Minimize conflicts between off- 27, page 4–84). • routes, and/or bypass sensitive areas. highway vehicle use and other existing A closure plan will be instituted for • Review and evaluate previous or proposed recreational uses of the motorized use, during wet weather decisions of OHV road closures and same or neighboring public lands (36 periods to reduce damage to native restrictions. CFR 295.2(b)(3)). surface trails. The plan will allow for • Review and evaluate the current • Balance recreational uses, including trails to be open when soil conditions assignment of maintenance levels of campers, hunters, anglers, hikers, permit (ENF LRMP, Management system roads, and modify where mountain biking, equestrians, wildlife Practice 27, page 4–84). appropriate. viewers, photographers, and motorized • Stabilize the surface of roads OHV users, to minimize conflicts. available for all weather use (ENF Proposed Action • Minimize conflicts between LRMP, Management Practice 102, page The Eldorado National Forest motorized OHV use and other forest 4–107). Confine use to the dry seasons Supervisor proposes to designate permittees (e.g., recreation residences, except on stabilized roads and trails National Forest System maintenance range permittees, campground (ENF LRMP, Management Practice 27, level 1 roads (‘‘closed to vehicular concessionaires, outfitters, and guides). page 4–288). traffic’’), maintenance level 2 roads • Ensure the compatibility of OHV • Roads and trails for which required (‘‘open for use by high clearance use with existing conditions in rights-of-way do not exist and those vehicles’’), and system motorized trails populated areas, taking into account located predominantly on private land open to specific types of public off- noise and other factors (36 CFR will not be designated for OHV use highway wheeled motor vehicle use and 295.2(b)(3)). * * * (ENF LRMP, Management for season of use. Eldorado National • Minimize adverse impacts to air Practice 27, page 4–84). Forest maintenance level 3, 4, and 5 quality (e.g., dust and exhaust). system roads subject to the Federal Consistency With the Memorandum of • Minimize conflict between OHV Highway Safety Act are currently Intent Between the USDA Forest use and private landowners (e.g., designated open to highway legal Service and the California Off-Highway trespass, noise, dust, exhaust, vehicles. The Forest Supervisor will not Motor Vehicle Recreation Commission, vandalism). propose to redesignate these roads for and the Off-Highway Motor Vehicle Compliance with standards and off-highway wheeled motor vehicles; Recreation Division of the California guidelines in the Eldorado National however, portions of these roads may be Department of Parks and Recreation Forest Land and Resource Management designated for combined use of highway Plan as amended by the Sierra Nevada • Designate OHV roads, trails, and legal and off-highway wheeled motor Forest Plan Amendment, January 2004 specifically defined open areas for vehicles. The Forest Supervisor will (Numerous standards and guidelines motorized wheeled vehicles on maps of also consider non-system motor vehicle apply to the designation and use of OHV the 19 National Forests in California. routes in the current route inventory for routes. However, the following • Improve management of OHV use designation as system roads or trails or standards and guidelines are those on National Forest System lands in specific types of public off-highway directly applicable to the purpose and California by accomplishing the wheeled motor vehicle use and for need for this proposal). following: ‘‘ * * * (3) designate trails, season of use. Entire roads or road • Prohibit wheeled vehicle travel off roads, and specifically defined open segments may be added to the road of designated roads, trails, and limited areas for OHV use; (4) develop Forest system or assigned a dual designation as
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a National Forest System trail. This green sticker) vehicle use of National The Notice of Intent is expected to be proposal specifically considers: Forest System roads subject to the published in the Federal Register on • Approximately 590 miles of Federal Highway Safety Act, as well as October 29, 2005. The comment period maintenance level 1 roads to be state and county roads; (2) on the proposed action will extend 30 designated as system trails for ATVs snowmobiles; (3) aircraft; (4) watercraft; days from the date the Notice of Intent and/or motorcycles. (5) non-motorized uses (e.g. hiking, is published in the Federal Register. • Approximately 990 miles of equestrian, mountain bikes); (6) search The draft environmental impact maintenance level 2 roads to be and rescue operations; (7) firefighting statement is expected to be filed with designated for 4×4s, ATVs, and/or operations and other emergency the Environmental Protection Agency motorcycles. incident operations; (8) law enforcement (EPA) and to be available for public • Approximately 130 miles of native operations; (9) special events (event review by June 2006. EPA will publish surface maintenance level 3 roads to be only trails); (10) permitted uses (e.g. a notice of availability of the draft EIS reassigned as maintenance level 2 roads woodcutting, livestock herding/fence in the Federal Register. The comment × for 4 4x, ATVs, and/or motorcycles. maintenance); (11) administrative period on the draft EIS will extend 45 • Approximately 3 miles of access; (12) government contractors (e.g. days from the date the EPA notice maintenance level 3, 4, 5 roads to be timber, construction, and service appears in the Federal Register. At that designated for combined use of highway contractors); and Homeland Security time, copies of the draft EIS will be legal and off-highway wheeled motor and Defense Department operations; distributed to interested and affected vehicles. agencies, organizations, and members of • (13) access by wheelchairs (motorized or Approximately 136 miles of system non-motorized); (14) legal ingress and the public for their review and motorized trails to be designated for egress to private land; (15) RS 2477 comment. It is very important that those ATVs and/or motorcycles. claims and processes; (16) the Rock interested in the management of the • Approximately 11 miles of non- Creek multi-use trail area (under Eldorado National Forest participate at system routes in the current route separate EIS and supplement); (17) the that time. inventory to be designated as designation of inventoried roadless The final EIS is scheduled to be maintenance level 2 roads for 4×4s, areas or proposed wilderness additions; completed in October 2006. In the final ATVs, and/or motorcycles. EIS, the Forest Service is required to • Approximately 3 miles of non- and (18) changes to ENF LRMP land-use allocations. respond to substantive comments system routes in the current route received during the comment period inventory to be designated as system Responsible Official that pertain to the environmental trails for ATVs and/or motorcycles. consequences discussed in the draft EIS John D. Berry, Forest Supervisor, All routes designated for public off- and applicable laws, regulations, and Eldorado National Forest, 100 Forni highway wheeled motor vehicle use will policies considered in making the Road, Placerville, CA 95667. meet the standards and guidelines in the decision regarding route designation. ENF LRMP as amended by the SNFPA. Nature of Decision To Be Made Substantive comments are defined as All native surface routes designated for ‘‘comments within the scope of the public off-highway wheeled motor The responsible official will decide proposed action, specific to the vehicle use will be closed from whether to adopt and implement the proposed action, and have a direct November 1 to May 1 each year. proposed action, an alternative to the relationship to the proposed action, and Inventoried routes not selected for proposed action, or take no action to include supporting reasons for the designation for public off-highway designate a portion of the inventoried Responsible Official to consider’’ (36 wheeled motor vehicle use will be routes on the Eldorado National Forest CFR 215.2). Submission of substantive closed to public wheeled motor vehicles open to public off-highway wheeled comments is a prerequisite for eligibility year round. The Rock Creek multi-use motor vehicle use, and assign the type to appeal under the 36 CFR part 215 trail area on the Eldorado National of use(s) and season of use allowed on regulations. Forest is not affected by this decision each road and trail or portion thereof. Early Notice of Importance of Public and is outside the scope of the project. Inventoried routes not selected for Participation in Subsequent Travel off of designated routes will be designation for public off-highway Environmental Review prohibited. Such designations and wheeled motor vehicle use will be restrictions will be implemented by a closed to all wheeled motor vehicles The Forest Service believes, at this issuing a forest order, pursuant to 36 year round. The Rock Creek multi-use early stage, it is important to give CFR 261. trail area on the Eldorado National reviewers notice of several court rulings This proposal involves the Forest is not affected by this decision related to public participation in the designation of routes only and in no and is outside the scope of the project. environmental review process. First, way authorizes any ground disturbing Travel off of designated routes will be reviewers of draft supplemental activities, including: (1) The prohibited. Such designations and environmental impact statements must construction of new routes; (2) the restrictions will be implemented by a structure their participation in the deconstruction or decommissioning of issuing a forest order (pursuant to 36 environmental review of the proposal so inventoried routes; (3) the CFR 261). that it is meaningful and alerts an reconstruction of road or trails; (4) the Scoping Process agency to the reviewer’s position and construction of trailheads, staging areas, contentions. Vermont Yankee Nuclear or parking areas; (5) the installation of Public participation will be especially Power Corp. v. NRDC, 435 U.S. 519, 553 gates or barriers; (6) restoration/ important at several points during the (1978). Also, environmental objections rehabilitation projects; or (7) wheeled analysis. The Forest Service will be that could be raised at the draft motor vehicle use of dispersed camping seeking information, comments, and supplemental environmental impact sites. assistance from the Federal, State, and statement stage but that are not raised The following uses are not affected by local agencies and other individuals or until after completion of the final this decision and are outside the scope organizations who may be interested in supplemental environmental impact of the project: (1) Highway legal (non- or affected by the proposed action. statement may be waived or dismissed
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by the courts. City of Angoon v. Hodel, DATES: Comments concerning the scope Purpose and Need for Action 803 F.2d 1016, 1022 (9th Cir. 1986) and of the analysis must be received by The purpose of the proposed action is Wisconsin Heritages, Inc. v. Harris, 490 November 28, 2005. The draft to bring the Hunter Reservoir dam into F. Supp. 1334, 1338 (E.D. Wis. 1980). environmental impact statement is compliance with Colorado Dam Safety Because of these court rulings, it is very expected in March 2006 and the final requirements and to enlarge the storage important that those interested in this environmental impact statement is capacity of the reservoir so that UWCD proposed action participate by the close expected in September 2006. can make beneficial use of its existing of the 45-day comment period so that ADDRESSES: Send written comments to and conditional water rights in the Leon substantive comments and objections Hunter Reservoir Project, Grand Valley Creek drainage basin. are made available to the Forest Service Ranger district, 2777 Crossroads Blvd, The need for this combined action is at a time when it can meaningfully Unit 1, Grand Junction, Colorado 81506. to afford UWCD the ability to address consider them and respond to them in FOR FURTHER INFORMATION CONTACT: both the dam safety and water right use the final supplemental environmental aspects of their water facilities impact statement. Carrie Surber, Team leader at [email protected] or (970) 242–8211. management and responsibilities in a To assist the Forest Service in manner that is environmentally, SUPPLEMENTARY INFORMATION: Ute Water identifying and considering issues and economically, and technically sound. Conservancy District (UWCD) has concerns on the proposed action, The dam safety issues at Hunter decreed water rights for 110 acre-feet comments on the draft EIS should be as Reservoir go back as far as 1964 when (AF) of storage in Hunter Reservoir specific as possible. It is also helpful if state inspection reports began to located near the headwaters of Leon comments refer to specific pages or identify safety concerns at the existing Creek. Leon Creek is located on the chapters of the draft statement. dam. These 1964 concerns and others northern slopes of the Grand Mesa, a Comments may also address the have continued to worsen to the extent prominent geologic feature in Mesa, adequacy of the draft environmental that actions to rectify dam safety Delta and Gunnison Counties in western impact statement or the merits of the problems must be addressed by UWCD Colorado. The Hunter Reservoir project alternatives formulated and discussed in to continue operations at Hunter location is located approximately 11 the statement. Reviewers may wish to Reservoir. refer to the Council on Environmental miles south of Vega Reservoir in Section UWCD needs include providing a Quality Regulations for implementing 27, T. 11 S., R. 93 W. Sixth Principle continued supply of water to meet the the procedural provisions of the Meridian, Mesa County, Colorado. public needs for a service area that is National Environmental Policy Act at 40 UWCD also has conditional rights to experiencing continued and rapid CFR 1503.3 in addressing these points. store 582.5 AF more water at the Hunter growth. As a public utility, UWCD has Comments received, including the Reservoir location. In addition to the a responsibility to operate and manage names and addresses of those who Hunter Reservoir water rights, UWCD its facilities with respect to feature comment, will be considered part of the have conditional water rights for 5,650 demand with sound environmental and public record on this proposed and will AF of storage at a Big Park site, also in economic management. be available for public inspection. the Leon Creek drainage basin This proposed action will also meet Authority: 40 CFR 1501.7 and 1508.22; downstream of Hunter Reservoir. UWCD the intent of the 2004 Memorandum of Forest Service Handbook 1909.15, Section has determined that a new dam at the Understanding (MOU) between the 21. Big Park site would not be economically Rocky Mountain Region of the Forest Dated: October 20, 2005. feasible for the volume of water they Service and the State of Colorado, John D. Berry, would be allowed to store. UWCD which states, in part, that the State and Forest Supervisor. desires to perfect its Big Park Forest Service agree to explore creative conditional water rights at the Hunter [FR Doc. 05–21340 Filed 10–25–05; 8:45 am] ways to assure continued operation of Reservoir location by enlarging the BILLING CODE 3410–11–M water use facilities on NFS lands while existing dam and reservoir. protecting aquatic resources, that Irrespective of UWCD’s storage and conflicts are best avoided by careful DEPARTMENT OF AGRICULTURE conditional water right desires, the advance planning and a spirit of Colorado Dam Safety Engineer is cooperation, and that reauthorization of Forest Service requiring UWCD to make structural existing water facilities will be done in improvements to the existing Hunter cooperation and collaboration with the Rocky Mountain Region; Grand Mesa, Reservoir dam in order to keep using holders of the permits and with other Uncompahgre and Gunnison National that facility to store water. parties such as local governments, Forest; Mesa County, CO; Hunter UWCD would like to address both of tribes, and state and federal agencies, as Reservoir Expansion Project these aspects of their water facility’s appropriate. AGENCY: Forest Service, USDA. management and responsibilities by enlarging the dam at Hunter Reservoir to Proposed Action ACTION: Notice of intent to prepare an environmental impact statement. both rectify dam safety concerns and The proposed action is to authorize put their conditional water rights to Ute Water Conservancy District (UWCD) SUMMARY: In order to provide additional beneficial use. to enlarge Hunter Reservoir and water storage capacity for a growing The U.S.D.A Forest Service and the rehabilitate the dam to address safety population in the Grand Junction Area, Army Corps of Engineers, as a requested issues. The construction necessary to Ute Water Conservancy District (UWCD) cooperating agency, will prepare an accomplish these actions is expected to is proposing to enlarge Hunter Reservoir Environmental Impact Statement (EIS) take two summer seasons due to the while also addressing dam safety issues. addressing the environmental high elevation of the Hunter Reservoir The existing reservoir is 16 surface consequences associated with site. UWCD would like to begin acres. The proposed expanded reservoir rehabilitating the dam and enlarging the construction in the summer of 2007 and would be approximately 80 surface reservoir at the Hunter Reservoir anticipates completion at the end of the acres. location. summer in 2008.
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Dam reconstruction will be done by Lead and Cooperating Agencies acres of wetlands, 6 acres of littoral raising the dam height to 26 feet, Lead Agency—USDA, Forest Service, zone, and 14 acres of existing installing new outlet works, widening Grand Mesa , Uncompahgre and unvegetated reservoir bottom. The total the crest of the dam, install new service Gunnison National Forest. acres of wetlands to be inundated are and emergency spillways, rock rip- Cooperating Agency—U.S. Army about 38 acres. Some of these wetlands rapping the dam embankments, and Corps of Engineers, Sacramento District, have the characteristics of peat forming installing a seepage curtain at the foot Colorado/Gunnison Basin Regional wetlands, which could be fens. Fens in of the dam toe. These actions would Office has been requested to participate these southern regions of the Rocky increase storage capacity, improve flood as a cooperating agency. Mountains are considered rare and surge capacity, and eliminate fill unique because of the plant instability. These actions are expected Responsible Official communities often associated with such to bring the reservoir into compliance The Responsible Official is Charles wetlands. with the Colorado State Engineer’s Richmond, Forest Supervisor, Grand Soils and Water Resources: The access Office for dam safety requirements. Mesa, Uncompahgre, and Gunnison road will require grading, leveling and Road improvements would be needed National Forests, 2250 South Highway has 28 stream or wetland crossings. on Forest Roads 262 and 280 to facilitate 50, Delta, Colorado 81416. Leon Creek would be diverted during access by construction crews and to Nature of Decision To Be Made dam reconstruction activities and there bring materials to the construction site. would be temporary increases in Given the purpose and need, the sedimentation and erosion downstream Both FR 262 and 280 are high-clearance Forest Supervisor will review the roads not designed for passenger car in Leon Creek. On-site soils would be proposed action, other alternatives and used for dam construction material. travel. The type of improvements mitigation measures in order to make Recreation: Proposed project activities envisioned for these access roads would the following decisions: could cause increased recreation at the include, but not limited to, grading, • Whether or not to authorize the reservoir and to the Hunter Reservoir leveling, stabilize and improve stream enlargement of Hunter Reservoir and area because of the improved access crossings, relocation out of wetland conduct road reconstruction and other conditions and the attraction of a larger areas, stabilize erosion from road runoff, support activities to meet the stated reservoir. Improved access could also and gravel surfacing. Even with the purpose. anticipated road improvements it is • If an action alternative is selected, change the recreational opportunity unlikely that neither of these Forest under what conditions and by which spectrum for the area. Roads would be deemed suitable for methods reservoir enlargement and Threatened/Endanged/Sensitive(TES) passenger car travel, but would facilitate associated activities would be Species, Wildlife and Vegetation: truck traffic necessary to move crews conducted. Proposed project activities could affect and materials into the site. The Federal Land Policy and existing vegetation and wildlife habitat, Most earthen materials needed for Management Act gives the Forest including TES such as Canada lynx, construction would be obtained on site. Service the authority to issue or deny boreal toad and bald eagle. Rock riprap would come from a authorizations for water storage Fisheries: Proposed project activities, rockslide area at the site. Dam facilities. The Forest Service is also especially during construction, could embankment material would come from required to protect and manage natural affect existing fisheries in the reservoir spillway construction and blanket cutoff resources. and Leon Creek. The long-term effects on downstream fisheries and in-lake construction. Road surface gravels and Scoping Process filter drain materials (crushed rock) as fisheries have the potential to improve Initial scoping was conducted for this well as cement would be delivered to because there could be decreased proposal during August 2005. Letters the site. Concrete would be mixed and potential for winter-kill in the reservoir inviting comments on the proposal were poured on site. and if in-stream flow provisions can be sent to parties known to be interested. incorporated into the reservoir Possible Alternatives A news release was issued and operations. published in the Grand Junction Daily Transportation: Proposed project Alternative 1: See proposed action Sentinel on Saturday May 28, 2005. above. activities could affect National Forest Also, a legal notice was run in that same System Roads. NFSR 280 and 262 are Alternative 2: Under this alternative newspaper on Friday May 27, 2005. currently rough four-wheel drive roads only dam safety issues would be Seven letters were received in response. that will need to be upgraded to allow corrected and Hunter Reservoir would An initial set of issues, listed below, access for crews, equipment and not be enlarged. were identified from reading the materials. Even with improvements, it is Alternative 3: A new storage facility response to scoping, from working with unlikely passenger cars could access would be constructed at another site federal agencies, including the Corps of Hunter Reservoir. Lack of annual within the Leon Creek drainage basin or Engineers, and from Forest Service and maintenance would allow these roads to some other adjacent drainage nearby. consultant analysis. degrade to current conditions. Alternative 4: (No action) Under this Preliminary Issues Range: Proposed project activities alternative, Hunter Reservoir would not The following issues have been could affect grazing capacity in the Leon be enlarged nor dam safety issues identified as preliminary issues to be Creek Grazing Allotment. More water corrected. This alternative is required by carried through the analysis: would be available over a longer period NEPA to be presented as a baseline to Wetlands: Based on wetland if the proposed action is approved but consider the environmental effects of delineation by WestWater Engineering there would be a loss of wetland grasses action alternatives. In the event the in October 2005, the following wetland and forbs that are currently utilized as action alternatives were found to be classification categories will be below forage for livestock. unacceptable, this alternative could be high water elevation of the proposed Other issues may be identified selected. enlarged reservoir: approximately 32 through the scoping process.
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Permits or Licenses Required chapters of the draft statement. electronic comments to: comments- Department of the Army Permit (404 Comments may also address the [email protected]. permit) for dam fill. Obtained by the adequacy of the draft environmental FOR FURTHER INFORMATION CONTACT: U.S. Army Corps of Engineers. impact statement or the merits of the Dean Millett, Project Team Leader, Special Use Permit from the U.S. alternatives formulated and discussed in Pomeroy Ranger District, 71 West Main Forest Service. the statement. Reviewers may wish to Street, Pomeroy, WA 99347, phone refer to the Council on Environmental (509) 843–1891. e-mail: Comments Requested Quality Regulations for implementing [email protected]. the procedural provisions of the This notice of intent initiates the SUPPLEMENTARY INFORMATION: scoping process that guides the National Environmental Policy Act at 40 Purpose and Need. The purpose and development of the environmental CFR 1503.3 in addressing these points. need of the School Fires Salvage impact statement. (Authority: 40 CFR 1501.7 and 1508.22; Recovery Project includes: (1) Recovery Forest Service Handbook 1909.15, Section of the economic value of a portion of Early Notice of Importance of Public 21) Participation in Subsequent dead and dying trees consistent with Environmental Review Dated: October 18, 2005. protection of other resource values; and Charles S. Richmond, (2) Improving public safety within the A draft environmental impact Forest Supervisor. fire area by removing potential hazard statement will be prepared for comment. [FR Doc. 05–21335 Filed 10–25–05; 8:45 am] trees along open forest travel routes, The comment period on the draft developed recreation sites, and BILLING CODE 3410–11–P environmental impact statement will be administrative sites. 45 days from the date the Proposed Action. This action includes Environmental Protection Agency DEPARTMENT OF AGRICULTURE salvage of dead and dying trees from publishes the notice of availability in approximately 10,000 acres and removal the Federal Register. Comments Forest Service of potential hazard trees for public received, including the names and safety along open forest travel routes, addresses of those who comment, will Umatilla National Forest, Columbia and developed recreation sites, and be considered part of the public record Garfield Counties, WA School Fire administrative sites. Salvage harvest on this proposal and will be available Salvage Recovery Project methods would include ground based, for public inspection. skyline, and helicopter yarding systems. AGENCY: Forest Service, USDA. The Forest Service believes, at this Ground based systems would not be early stage, it is important to give ACTION: Notice of intent to prepare an used on sustained slopes greater than 30 reviewers notice of several court rulings environmental impact statement. percent. To facilitate haul some existing related to public participation in the SUMMARY: The USDA Forest Service will classified roads would be reconstructed environmental review process. First, prepare an environmental impact and about 15 miles of temporary roads reviewers of draft environmental impact statement (EIS) to disclose would be constructed. No new classified statements must structure their environmental effects on a proposed road construction is proposed and all participation in the environmental action to recover the economic value of temporary roads would be closed or review of the proposal so that it is dead and dying trees damaged in the decommissioned after project activities meaningful and alerts an agency to the School Fire, and remove potential are completed. No commercial harvest reviewer’s position and contentions. hazard trees from open forest travel or road construction is proposed within Vermont Yankee Nuclear Power Corp. v. routes, developed recreation sites, and the Willow Spring Inventoried Roadless NRDC, 435 U.S. 519, 553 (1978). Also, administrative sites within North Patit Area. Tree planting is proposed in environmental objections that could be Creek, Little Tucannon River, salvage harvest areas where there is raised at the draft environmental impact Cummings Creek, Tumalum Creek, insufficient seed source to ensure statement stage but that are not raised Headwaters of Tucannon River, and natural regeneration in a timely manner. until after completion of the final Pataha Creek subwatersheds. School Some areas would have sub- environmental impact statement may be Fire, located 12 miles south of Pomeroy, merchantable trees felled prior to waived or dismissed by the courts. City Washington, burned approximately planting, and these areas would be of Angoon v. Hodel, 803 F.2d 1016, 52,000 acres across mixed ownership in broadcast burned to reduce excessive 1022 (9th Cir. 1986) and Wisconsin August 2005, of that approximately fuel loading before planting. Forest Plan Heritages Inc. v. Harris, 409 F. Supp. 27,000 acres were on National Forest amendments would be included as 1334, 1338 (E.D. Wis. 1980). Because of System Lands administered by Pomeroy needed. these court rulings, it is very important Ranger District, Umatilla National Possible Alternatives. Alternatives that those interested in this proposed Forest. will include the proposed action, no action participate by the close of the 45 action, and additional alternatives that day comment period so that substantive DATES: Comments concerning the scope respond to issues generated during the comments and objections are made of the analysis must be received by scoping process. The agency will give available to the Forest Service at the November 28, 2005. The Draft EIS is notice of the full environmental analysis time when it can meaningfully consider expected to be filed with the and decision-making process so them and respond to them in the final Environmental Protection Agency (EPA) interested and affected people may environmental impact statement. and be available to the public for review participate and contribute to the final To assist the Forest Service in by April 2006. The Final EIS is decision. identifying and considering issues and scheduled to be completed by July 2006. Scoping. Public participation will be concerns on the proposed action, ADDRESSES: Send written comments to especially important at several points comments on the draft environmental the Responsible Official, Kevin D. during the analysis, beginning with the impact statement should be as specific Martin, Forest Supervisor, Umatilla scoping process (40 CFR 1501.7). Initial as possible. It is also helpful if National Forest, 2517 S.W. Hailey scoping began with the project listed in comments refer to specific pages or Avenue, Pendleton, OR 97801. Send the 2005 Fall Edition of the Umatilla
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National Forest’s Schedule of Proposed The Forest Service believes at this subject to Forest Service Appeal Actions. Two informational field trips early stage, it is important to give Regulations (36 CFR part 215). were conducted on October 18 and reviewers notice of several court rulings Dated: October 20, 2005. October 25, 2005. A public meeting will related to public participation in the Edwin V. Pugh, be scheduled for November 2005, to environmental review process. First, Acting Forest Supervisor. discuss the project. Other meetings will reviewers of draft impact statements be scheduled as needed. Also, must structure their participation in the [FR Doc. 05–21339 Filed 10–25–05; 8:45 am] correspondence with tribes, government environmental review of the proposal so BILLING CODE 3410–11–M agencies, organizations, and individuals that it is meaningful and alerts the who have indicated their interest will be agency to the reviewer’s position and DEPARTMENT OF AGRICULTURE conducted. contentions. Vermont Yankee Nuclear Preliminary Issues. Preliminary issues Power Corp. v. NRDC, 435 U.S. 519, 553 Grain Inspection, Packers and identified include the potential effect of (1978). Also, environmental objections Stockyards Administration the proposed action on: soils, water that could be raised at the draft quality and fish habitat, snags and down environmental impact stage but that are Advisory Committee Meeting wood, disturbance to cultural resources, not raised until after completion of the AGENCY: Grain Inspection, Packers and final environmental impact statement potential for noxious weed expansion, Stockyards Administration, USDA. threatened, endangered and sensitive may be waived or dismissed by the ACTION: Notice of advisory committee aquatic, terrestrial and plant species, courts. City of Angoon v. Hodel, 803 f.2d meeting. potential loss of economic value of trees 1016, 1022 (9th Cir. 1986) and damaged by the wildfire, and the safety Wisconsin Heritages, Inc. v. Harris, 490 SUMMARY: Pursuant to the Federal and use of the area by public and land F. Supp. 1334, 1338 (E.D. Wis. 1980). Advisory Committee Act, this managers. Because of these court rulings, it is very constitutes notice of the upcoming Comment. Public comments about important that those interested in this meeting of the Grain Inspection this proposal are requested to identify proposed action participate by the close Advisory Committee (‘‘the Committee’’). issues and alternatives to the proposed of the 45-day comment period so that DATES: November 1, 2005, 7:30 a.m. to action and to focus the scope of the substantive comments and objections 5 p.m.; and November 2, 2005, 7:30 a.m. analysis. Comments received in are made available to the Forest Service to Noon. response to this solicitation, including at a time when it can meaningfully ADDRESSES: The Advisory Committee names and addresses of those who consider them and respond to them in meeting will take place at the Omni comment, will be considered part of the the final environmental impact Corpus Christi Hotel Bayfront and public record on this proposed action, statement. Marina, 900 North Shoreline Boulevard, and will be available for public To assist the Forest Service in Corpus Christi, Texas 78401. inspection. Comments submitted identifying and considering issues and Requests to address the Committee at anonymously will be accepted and concerns on the proposed action, the meeting or written comments may considered; however, those who submit comments on the draft environmental be sent to: Deputy Administrator, anonymous comments will not have impact statement should be as specific GIPSA, U.S. Department of Agriculture, standing to appeal the subsequent as possible. It is also helpful if 1400 Independence Avenue, SW., STOP decisions under 36 CFR Parts 215 or comments refer to specific pages or 3604, Washington, DC 20250–3614. 217. Additionally, pursuant to 7 CFR chapters of the draft statement. Requests and comments may also be 1.27(d), any person may request the Comments may also address the faxed to (202) 690–2755. agency to withhold a submission from adequacy of the draft environmental FOR FURTHER INFORMATION CONTACT: Ms. the public record by showing how the impact statement or the merits of the Terri Henry, (202) 205–8281 Freedom of Information Act (FOIA) alternatives formulated and discussed in (telephone); (202) 690–2755 (facsimile). permits such confidentiality. Persons the statement. Reviewers may wish to SUPPLEMENTARY INFORMATION: The requesting such confidentiality should refer to the Council on Environmental purpose of the Committee is to provide be aware that under the FOIA, Quality Regulations for implementing advice to the Administrator of the Grain confidentiality may be granted in only the procedural provisions of the Inspection, Packers and Stockyards very limited circumstances such as to National Environmental Policy Act at 40 Administration with respect to the protect trade secrets. The Forest Service CFR 1503.3 in addressing these points. implementation of the U.S. Grain will inform the requester of the agency’s In the final EIS, the Forest Service is Standards Act (7 U.S.C. 71 et seq.). decision regarding the request for required to respond to substantive The agenda will include a status confidentiality, and where the request is comments received during the comment report on the reauthorization of the U.S. denied; the agency will return the period for the draft EIS. The Forest Grain Standards Act, financial update of submission and notify the requester that Service is the lead agency and the grain inspection user fee programs, the comments may be resubmitted with responsible official is the Forest progress report on re-engineering of or without name and address within a Supervisor, Umatilla National Forest. domestic operations, overview of specified number of days. The responsible official will decide standards and future plans, and other Early Notice of Importance of Public where, and whether or not to salvage general Agency issues. Participation in Subsequent timber, and remove potential hazard For a copy of the agenda please Environmental Review. A draft EIS will trees. The responsible official will also contact Terri Henry, (202) 205–8281 be filed with the Environmental decide how to mitigate effects of these (telephone); (202) 690–2755 (facsimile) Protection Agency (EPA) and made actions and will determine when and or by e-mail [email protected]. available for public review by April how monitoring of effects will take Public participation will be limited to 2006. The EPA will publish a Notice of place. The School Fire Salvage Recovery written statements, unless permission is Availability (NOA) of the draft EIS in Project decision and reasons for the received from the Committee Chairman the Federal Register. The final EIS is decision will be documented in a record to orally address the Committee. The scheduled to be available July 2006. of decision. That decision will be meeting will be open to the public.
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Persons with disabilities who require Written comments and U.S.C., is the primary source of facts alternative means of communication of recommendations for the proposed about the structure and functioning of program information or related information collection should be sent to the Nation’s economy and features accommodations should contact Terri David Rostker, OMB Desk Officer, unique industry and geographic detail. Henry, at the telephone number listed [email protected] or fax at Economic census statistics serve as part above. (202) 395–7285 within 30 days of of the framework for the national publication of this Federal Register accounts and provide essential James E. Link, notice. information for government, business Administrator, Grain Inspection, Packers and Dated: October 20, 2005. and the general public. Stockyards Administration. Prior to conducting the 2007 [FR Doc. 05–21345 Filed 10–25–05; 8:45 am] Madeleine Clayton, Economic Census, the Census Bureau BILLING CODE 3410–EN–P Management Analyst, Office of the Chief needs to collect a North American Information Officer. Industry Classification System (NAICS) [FR Doc. 05–21328 Filed 10–25–05; 8:45 am] code from selected construction DEPARTMENT OF COMMERCE BILLING CODE 3510–FP–P establishments. Those establishments selected have a partially assigned Submission for OMB Review; NAICS code on the Census Bureau’s Comment Request DEPARTMENT OF COMMERCE Business Register. Collecting this DOC has submitted to the Office of Census Bureau classification information will ensure the Economic Census mailing list for the Management and Budget (OMB) for construction sector is complete and clearance the following proposal for 2007 Economic Census Classification accurate prior to the mailing of the 2007 collection of information under the Report for Construction, Economic Census. As a result of this provisions of the Paperwork Reduction Manufacturing, and Mining Sectors collection, the Census Bureau will be Act of 1995, Public Law 104–13. ACTION: Proposed collection; comment able to select an efficient sample, thus Bureau: International Trade request. minimizing the reporting burden that Administration. we impose on construction Title: BISNIS Publication SUMMARY: The Department of establishments. Subscription Form. Commerce, as part of its continuing Additionally, this questionnaire will Agency Form Number: N/A. effort to reduce paperwork and be used to collect a complete and OMB Number: 0625–0236. respondent burden, invites the general reliable NAICS code for partially Type of Request: Regular Submission. public and other Federal agencies to classified manufacturing and mining Burden: 170. take this opportunity to comment on establishments. This will ensure these Number of Respondents: 2,000. proposed and/or continuing information establishments are tabulated in the Avg. Hours Per Response: 5 minutes. collections, as required by the correct detailed industry for the 2007 Needs and Uses: The International Paperwork Reduction Act of 1995, Economic Census. Many of these Trade Administration’s (ITA) Business Public Law 104–13 (44 U.S.C. establishments will not receive any Information Service for the Newly 3506(c)(2)(A)). further economic census mailings Independent States (BISNIS) offers DATES: Written comments must be because of their small size, and this will business intelligence and counseling to submitted on or before December 27, be our only chance to obtain this U.S. companies seeking to export or to 2005. detailed industry classification. invest in the countries of the Former Economic data for these cases could be Soviet Union. A critical component of ADDRESSES: Direct all written comments to Diana Hynek, Departmental lost if this data were not collected. the program is the dissemination of The failure to collect this Paperwork Clearance Officer, information regarding market conditions classification information will have an Department of Commerce, Room 6625, and opportunities in various industries adverse effect on the quality and 14th and Constitution Avenue, NW., and countries of the former Soviet usefulness of economic statistics and Washington, DC 20230 (or via the Union. These information products severely hamper the Census Bureau’s Internet at [email protected]). provided by BISNIS are in the form of ability to effectively classify FOR FURTHER INFORMATION CONTACT: e-mails, faxes, and paper mailers. The establishments under NAICS in the Publication Subscription Form is a Requests for additional information or Economic Census and other survey quick way for interested parties to tell copies of the information collection programs. BISNIS which products they want and instrument(s) and instructions should The Census Bureau is not requesting their industry and country interests. be directed to Scott P. Handmaker, U.S. any economic data in this collection. Affected Public: Business or other for- Census Bureau, Room 1656, Building 3, The collection of this NAICS profits. Washington, DC 20233, and 301–763– information will greatly reduce Frequency: On Occasion. 7107 or e-mail at processing costs and ease reporting Respondent’s Obligation: Required to [email protected]. burden for the 2007 Economic Census obtain or retain a benefit, voluntary. SUPPLEMENTARY INFORMATION: data collection. OMB Desk Officer: David Rostker, (202) 395–7340. I. Abstract II. Method of Collection Copies of the above information The Census Bureau is the preeminent The Census Bureau will select collection proposal can be obtained by collector of timely, relevant and quality establishments to receive this survey calling or writing Diana Hynek, data about the people and economy of from the Census Bureau’s Business Departmental Paperwork Clearance the United States. Economic data are the Register. The Census Bureau will mail Officer, (202) 482–0266, Department of Census Bureau’s primary program the NC–99026 to those establishments Commerce, Room 6625, 14th and commitment during non-decennial from the following groups: (1) Any Constitution, NW., Washington, DC census years. The economic census, single unit construction establishment 20230. Email: [email protected]. conducted under authority of Title 13 that is partially coded, (2) any single
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unit manufacturing establishment that is DEPARTMENT OF COMMERCE The closing period for their receipt is partially coded, or (3) any single unit December 27, 2005. Rebuttal comments mining establishment that is partially Foreign–Trade Zones Board in response to material submitted coded. The NC-99026 will be used to [Docket 51–2005] during the foregoing period may be assign a valid NAICS code. submitted during the subsequent 15-day The NC–99026 will contain a list of Foreign–Trade Zone 202- Los Angeles, period (to January 9, 2006. codes and descriptions describing either California, Request for Processing A copy of the application and diverse construction, manufacturing, or Authority, Citizen Watch Company of accompanying exhibits will be available mining activities. Respondents check America, Inc. (Watches) for public inspection at the Office of the Foreign–Trade Zones Board’s Executive the box that best describes their An application has been submitted to business activity or describe their Secretary at address Number 1 listed the Foreign–Trade Zones Board (the above, and at the Department of business activity if no box is Board) by the Port of Los Angeles, appropriate. Commerce Export Assistance Center, California, grantee of FTZ 202, 11150 West Olympic Blvd., Suite 975, III. Data requesting authority on behalf of Citizen Los Angeles, CA 90064. Watch Company of America, Inc. Dated: October 19, 2005. OMB Number: Not Available. (Citizen) for the processing and Dennis Puccinelli, Form Number: NC–99026. packaging of watches under FTZ Executive Secretary. Type of Review: Regular Review. procedures within Site 7 of FTZ 202 in [FR Doc. 05–21386 Filed 10–25–05; 8:45 am] Affected Public: Businesses or Other Torrance, California. The application BILLING CODE 3510–DS–S for Profit Institutions, Small Businesses was submitted pursuant to the or Organizations, Non-profit provisions of the Foreign–Trade Zones Act, as amended (19 U.S.C. 81a–81u), Institutions, State or Local DEPARTMENT OF COMMERCE Governments. and the regulations of the Board (15 Cfr part 400). It was formally filed on Foreign–Trade Zones Board Estimated Number of Respondents: October 19, 2005. 50,000. Citizen operates a distribution facility [Docket 52–2005] Estimated Time Per Response: 5 (182 employees) for the warehousing, minutes. packaging and distribution of watches. Proposed Foreign–Trade Zone - Lawrence County, Ohio, Application Estimated Total Annual Burden The company’s application indicates and Public Hearing Hours: 4,167. that the duty rates for finished watches Estimated Total Annual Cost: range from duty–free to 6 percent (ad An application has been submitted to $101,716. valorem equivalent). Foreign–sourced the Foreign–Trade Zones (FTZ) Board inputs include imported gift boxes, Respondent’s Obligation: Mandatory. (the Board) by the Lawrence County watch bands, watch cases and other Port Authority, an Ohio public Legal Authority: Title 13, U.S.C., Sections, materials with duty rates ranging from corporation, to establish a general– 131 and 224. duty–free to 20 percent. purpose foreign–trade zone at a site in IV. Request for Comments This application requests authority to Lawrence County, Ohio, adjacent to the allow Citizen to conduct activities Charleston, West Virginia, Customs port Comments are invited on: (a) Whether under FTZ procedures, which would of entry. The FTZ application was the proposed collection of information exempt the company from Customs duty submitted pursuant to the provisions of is necessary for the proper performance payments on the foreign components the FTZ Act, as amended (19 U.S.C. of the functions of the agency, including used in export activity. On its domestic 81a–81u), and the regulations of the whether the information shall have sales, the company would be able to Board (15 CFR Part 400). It was formally practical utility; (b) the accuracy of the choose the duty rate that applies to filed on October 20, 2005. The applicant agency’s estimate of the burden finished products for the foreign is authorized to make the proposal (including hours and cost) of the components noted above. Citizen’s under Ohio Revised Code Section proposed collection of information; (c) application indicates that the savings 1743.11. ways to enhance the quality, utility, and from zone procedures could help clarity of the information to be improve the company’s international The proposed zone would be the third collected; and (d) ways to minimize the competitiveness. general–purpose zone in the Charleston, burden of the collection of information West Virginia, Customs port of entry on respondents, including through the Public comment on the application is area. The existing zones are as follows: use of automated collection techniques invited from interested parties. FTZ 229, Charleston,West Virginia or other forms of information Submissions (original and three copies) (Grantee: West Virginia Economic technology. shall be addressed to the Board’s Development Authority, Board Order Comments submitted in response to Executive Secretary at the following 954, 02/13/98) and FTZ 264, this notice will be summarized and/or addresses: Washington County, Ohio (Grantee: included in the request for OMB 1. Submission Via Express/Package Southeastern Ohio Port Authority, approval of this information collection; Delivery Services: Foreign–Trade Zones Board Order 1392, 6/24/05). they also will become a matter of public Board, U.S. Department of Commerce, The proposed zone consists of one record. Franklin Court Building - Suite 4100W, site (422 acres), located in Lawrence 1099 14th St., NW, Washington, DC County, Ohio. The site is located at the Dated: October 20, 2005. 20005; or Point Industrial Park, U.S. Route ι52 Madeleine Clayton, 2. Submission Via the U.S. Postage and County Road 1, Lawrence County, Management Analyst, Office of the Chief Service: Foreign–Trade Zones Board, Ohio. The site is owned by Lawrence Information Officer. U.S. Department of Commerce, FCB - Economic Development Corporation, [FR Doc. 05–21327 Filed 10–25–05; 8:45 am] Suite 4100W, 1401 Constitution Ave., Biomass Energy LLC and M&M Service, BILLING CODE 3510–07–P NW, Washington, DC 20230. Inc.
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The application indicates a need for DEPARTMENT OF COMMERCE initiation of the investigation, it has zone services in the Lawrence County, never been affiliated with any exporter Ohio, area. Several firms have indicated International Trade Administration or grower who exported fresh garlic to an interest in using zone procedures for [A–570–831] the United States during the POI, warehousing/distribution activities. including those not individually Specific manufacturing approvals are Fresh Garlic From the People’s examined during the investigation. As not being sought at this time. Requests Republic of China; Initiation of New required by 19 CFR 351.214(b)(2)(iii)(B), would be made to the Board on a case– Shipper Review Anqiu Friend also certified that its by-case basis. export activities were not controlled by AGENCY: Import Administration, In accordance with the Board’s International Trade Administration, the central government of the PRC. regulations, a member of the FTZ Staff Department of Commerce. In addition to the certifications has been designated examiner to EFFECTIVE DATE: October 26, 2005. described above, the exporter submitted investigate the application and report to SUMMARY: The Department of Commerce documentation establishing the the Board. (the ‘‘Department’’) has determined that following: (1) the date on which it first As part of the investigation, the a request for a new shipper review of shipped fresh garlic for export to the Commerce examiner will hold a public the antidumping duty order on fresh United States and the date on which the hearing on November 17, 2005, at 2 garlic from the People’s Republic of fresh garlic was first entered, or p.m., SouthPoint Community Center, China (‘‘PRC’’), received in May 2005, withdrawn from warehouse, for 404 Second Street West, South Point, meets the statutory and regulatory consumption; (2) the volume of its first Ohio. requirements for initiation. The period shipment and the volume of subsequent of review (‘‘POR’’) of this new shipper shipments; and (3) the date of its first review is November 1, 2004, through sale to an unaffiliated customer in the Public comment on the application is April 30, 2005. United States. invited from interested parties. FOR FURTHER INFORMATION CONTACT: Pursuant to section 751(a)(2)(B) of the Submissions (original and 3 copies) Ryan A. Douglas or Wendy Frankel, AD/ Act and 19 CFR 351.214(d)(1), we are shall be addressed to the Board’s CVD Operations, Office 8, Import initiating this new shipper review for Executive Secretary at one of the Administration, International Trade shipments of fresh garlic from the PRC following addresses below: Administration, U.S. Department of grown and exported by Anqiu Friend. Commerce, 14th Street and Constitution 1. Submissions via Express/Package See Memorandum to the File through Avenue, NW, Washington, DC 20230; Delivery Services: Foreign–Trade Zones Wendy Frankel, ‘‘New Shipper Board, U.S. Department of Commerce, telephone: (202) 482–1277 and (202) 482–5849, respectively. Initiation Checklist,’’ dated October 12, Franklin Court Building–Suite 4100W, 2005. 1099 14th Street, NW, Washington, DC SUPPLEMENTARY INFORMATION: The POR is November 1, 2004, 20005; or Background through April 30, 2005. See 19 CFR 2. Submissions via U.S. Postal Service: The notice announcing the 351.214(g)(1)(i)(B). We intend to issue Foreign–Trade Zones Board, U.S. antidumping duty order on fresh garlic preliminary results of these reviews no Department of Commerce, FCB–4100W, from the PRC was published on later than 180 days from the date of 1401 Constitution Avenue, NW, November 16, 1994. See Antidumping initiation, and final results of these Washington, DC 20230. Duty Order: Fresh Garlic From the reviews no later than 270 days from the The closing period for their receipt is People’s Republic of China, 59 FR 59209 date of initiation. See section December 27, 2005. Rebuttal comments (November 16, 1994). On May 17, 2005, 751(a)(2)(B)(iv) of the Act. we received a timely request for a new in response to material submitted Because Anqiu Friend has certified shipper review from Anqiu Friend Food during the foregoing period may be that it grew and exported the fresh garlic Co., Ltd. (‘‘Anqiu Friend’’) in submitted during the subsequent 15-day on which it based its request for a new period (to January 9, 2006). accordance with 19 CFR 351.214(d)(2). Anqiu Friend has certified that it grew shipper review, we will instruct U.S. A copy of the application will be and exported the garlic on which it Customs and Border Protection to allow, available for public inspection at the based its request for a new shipper at the option of the importer, the posting Office of the Foreign–Trade Zones review. The Department initially denied of a bond or security in lieu of a cash Board’s Executive Secretary at address Anqiu Friend’s request for a new deposit for each entry of fresh garlic No. 1 listed above and the Lawrence shipper review in this case. However, as both grown and exported by Anqiu Economic Development Corporation, a result of litigation and agreement with Friend until the completion of the new 216 Collins Avenue, South Point, Ohio the requester, the Department has shipper review, pursuant to section 45680. reconsidered its decision and is now 751(a)(2)(B)(iii) of the Act. Interested Dated: October 20, 2005. initiating the new shipper review. parties that need access to proprietary information in this new shipper review Dennis Puccinelli, Initiation of New Shipper Reviews should submit applications for Executive Secretary. Pursuant to section 751(a)(2)(B)(i)(I) of disclosure under administrative [FR Doc. 05–21387 Filed 10–25–05; 8:45 am] the Tariff Act of 1930, as amended (‘‘the protective order in accordance with 19 BILLING CODE 3510–DS–S Act’’) and 19 CFR 351.214(b)(2), Anqiu CFR 351.305 and 351.306. Friend certified that it did not export fresh garlic to the United States during This initiation and notice are in the period of investigation (‘‘POI’’). accordance with section 751(a)(2)(B) of Pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214 and the Act and 19 CFR 351.214(b)(2)(iii)(A), 351.221(c)(1)(i). Anqiu Friend certified that, since the
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Dated: October 20, 2005. Administrative Review, 70 FR 31422 Dated: October 20, 2005. Joseph A. Spetrini, (June 1, 2005). On June 30, 2005, Yantai Gary Taverman, Acting Assistant Secretaryfor Import Timken and Wanxiang requested Acting Deputy Assistant Secretaryfor Import Administration. administrative reviews of their sales to Administration. [FR Doc. E5–5951 Filed 10–25–05; 8:45 am] the United States during the period of [FR Doc. E5–5950 Filed 10–25–05; 8:45 am] BILLING CODE 3510–DS–S review (‘‘POR’’). No other party BILLING CODE 3510–DS–S requested an administrative review of Yantai Timken or Wanxiang for this DEPARTMENT OF COMMERCE time period. On July 21, 2005, the DEPARTMENT OF COMMERCE Department published in the Federal International Trade Administration Register a notice of the initiation of the International Trade Administration [A–570–601] antidumping duty administrative review [C–475–819] of TRBs from the PRC for the 2004–2005 Tapered Roller Bearings and Parts POR. See Initiation of Antidumping and Certain Pasta from Italy: Notice of Thereof, Finished or Unfinished From Countervailing Duty Administrative Partial Rescission of Countervailing The People’s Republic of China: Notice Reviews and Request for Revocation in Duty Administrative Review of Partial Rescission of the Part, 70 FR 30694 (May 27, 2005) Antidumping Duty Administrative (‘‘Initiation Notice’’).1 Wanxiang AGENCY: Import Administration, Review withdrew its request for review on July International Trade Administration, 1, 2005 and on September 12, 2005, Department of Commerce. AGENCY: Import Administration, Yantai Timken withdrew its request for SUMMARY: In response to a request made International Trade Administration, review. on July 29, 2005, by Moline e Pastificio Department of Commerce. Tomasello S.r.L., the Department of Partial Rescission of Review SUMMARY: On July 1, and Sept 12, 2005, Commerce initiated an administrative respectively, Yantai Timken Company Pursuant to 19 CFR 351.213(d)(1), the review of the countervailing duty order Limited (‘‘Yantai Timken’’) and Department will rescind an on certain pasta from Italy, covering the Wanxiang Group Company administrative review, in whole or in period January 1, 2004, through (‘‘Wanxiang’’) withdrew their requests part, if a party that requested a review December 31, 2004. See Initiation of for administrative review. Accordingly, withdraws the request within 90 days of Antidumping and Countervailing Duty because no other party requested a the date of publication of notice of Administrative Reviews and Requests review for either company, we are initiation of requested review. Yantai for Revocation in Part, 70 FR 51009 rescinding, in accordance with 19 CFR Timken and Wanxiang withdrew their (August 29, 2005). As a result of a 351.213(d)(1), the administrative review respective requests for review within timely withdrawal of the request for of sales of tapered roller bearings and the 90-day time limit and no other party review by Moline e Pastificio Tomasello parts thereof, finished or unfinished requested a review with respect to either S.r.L., we are rescinding this review, in (‘‘TRBs’’) from The People’s Republic of Yantai Timken or Wanxiang. part. Accordingly, we are rescinding this China (‘‘PRC’’) for the period covering EFFECTIVE DATE: October 26, 2005. administrative review of the sales in the June 1, 2004 through May 31, 2005, for FOR FURTHER INFORMATION CONTACT: Yantai Timken and Wanxiang. United States made by Yantai Timken and Wanxiang and will issue Brandon Farlander or Marc Rivitz, AD/ EFFECTIVE DATE: October 26, 2005. appropriate assessment instructions to CVD Operations, Office 1, Import FOR FURTHER INFORMATION CONTACT: U.S. Customs and Border Protection. Administration, U.S. Department of Laurel LaCivita or Hua Lu, AD/CVD Commerce, 14th Street and Constitution Operations, Office 8, Import Notification to Importers Avenue, NW, Washington, DC 20230; Administration, International Trade This notice serves as a final reminder telephone (202) 482–0182 and (202) Administration, U.S. Department of to importers of their responsibility 482–1382, respectively. Commerce, 14th Street and Constitution under 19 CFR 351.402(f) to file a SUPPLEMENTARY INFORMATION: Avenue, NW, Washington, DC 20230; certificate regarding the reimbursement telephone: (202) 482–4243 and (202) of antidumping duties prior to Background 482–6478, respectively. liquidation of the relevant entries On July 24, 1996, the Department of SUPPLEMENTARY INFORMATION: during this review period. Failure to Commerce (‘‘the Department’’) comply with this requirement could published a countervailing duty order Background result in the Secretary’s assumption that on certain pasta from Italy. See Notice On June 15, 1987, the Department reimbursement of antidumping duties of Countervailing Duty Order and published in the Federal Register the occurred and subsequent assessment of Amended Final Affirmative antidumping duty order on TRBs from double antidumping duties. Countervailing Duty Determination: PRC. See Antidumping Duty Order: This notice is in accordance with Certain Pasta (‘‘Pasta’’) From Italy, 61 Tapered Roller Bearings and Parts section 777(i)(1) of the Tariff Act of FR 38543 (July 24, 1996). On July 29, Thereof, Finished or Unfinished, From 1930, as amended, and 19 CFR 2005, Moline e Pastificio Tomasello the People’s Republic of China, 52 FR 351.213(d)(4) of the Department’s S.r.L. requested an administrative 22667 (June 15, 1987). On June 1, 2005, regulations. review of the countervailing duty order the Department published a notice of on certain pasta from Italy covering the opportunity to request an administrative 1 The initiation notice inadvertently failed to period January 1, 2004, through include Wanxiang in the list of companies covered review of the antidumping duty order by the review. On August 29, 2005, the Department December 31, 2004. In accordance with on TRBs from the PRC for the period issued an amendment to its July 21, 2005, Initiation 19 CFR 351.221(c)(1)(i), we published a June 1, 2004, through May 31, 2005. See Notice, including Wanxiang in the 2004-2005 notice of initiation of the review on Antidumping or Countervailing Duty review. See Initiation of Antidumping and August 29, 2005. See Initiation of Countervailing Duty Administrative Reviews and Order, Finding, or Suspended Requests for Revocation in Part, 70 FR 51009, 51010 Antidumping and Countervailing Duty Investigation: Opportunity to Request (August 29, 2005). Administrative Reviews and Requests
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for Revocation in Part, 70 FR 51009 Memorandum from Edward Easton to to the antidumping and countervailing (August 29, 2005). On September 29, Richard Moreland, dated August 25, duty orders on pasta from Italy pursuant 2005, Moline e Pastificio Tomasello 1997, which is on file in the CRU. to section 781(a) of the Act and 19 CFR S.r.L. withdrew its request for review. 2. On July 30, 1998, the Department 351.225(b). See Certain Pasta from Italy: No other party requested a review for issued a scope ruling, finding that Notice of Initiation of Anti– Moline e Pastificio Tomasello S.r.L.. multipacks consisting of six one–pound circumvention Inquiry of the packages of pasta that are shrink– Scope of the Countervailing Duty Order Antidumping and Countervailing Duty wrapped into a single package are Orders, 65 FR 26179 (May 5, 2000). On Imports covered by this order are within the scope of the antidumping September 19, 2003, we published an shipments of certain non–egg dry pasta and countervailing duty orders. See affirmative finding of the anti– in packages of five pounds (2.27 Letter from Susan H. Kuhbach to circumvention inquiry. See Anti– kilograms) or less, whether or not Barbara P. Sidari, dated July 30, 1998, Circumvention Inquiry of the enriched or fortified or containing milk which is available in the CRU. Antidumping and Countervailing Duty or other optional ingredients such as 3. On October 23, 1997, the Orders on Certain Pasta from Italy: chopped vegetables, vegetable purees, petitioners filed an application Affirmative Final Determinations of milk, gluten, diastases, vitamins, requesting that the Department initiate Circumvention of Antidumping and coloring and flavorings, and up to two an anti–circumvention investigation of Countervailing Duty Orders, 68 FR percent egg white. The pasta covered by Barilla S.r.L. (‘‘Barilla’’), an Italian 54888 (September 19, 2003). this scope is typically sold in the retail producer and exporter of pasta. The market, in fiberboard or cardboard Department initiated the investigation Rescission of Review cartons, or polyethylene or on December 8, 1997. See Initiation of The Department’s regulations at polypropylene bags of varying Anti–Circumvention Inquiry on 351.213(d)(1) provide that the dimensions. Antidumping Duty Order on Certain Department will rescind an Excluded from the scope of this order Pasta From Italy, 62 FR 65673 administrative review, in part, if a party are refrigerated, frozen, or canned (December 15, 1997). On October 5, that requested a review withdraws the pastas, as well as all forms of egg pasta, 1998, the Department issued its final request within 90 days of the date of with the exception of non–egg dry pasta determination that, pursuant to section publication of the notice of initiation of containing up to two percent egg white. 781(a) of the Tariff Act of 1930, as the requested review. Moline e Also excluded are imports of organic amended by the Uruguay Round Pastificio Tomasello S.r.L. withdrew its pasta from Italy that are accompanied by Agreements Act effective January 1, request for an administrative review on the appropriate certificate issued by the 1995 (‘‘the Act’’), circumvention of the September 15, 2005, which is within the Instituto Mediterraneo Di Certificazione, antidumping order on pasta from Italy 90–day deadline, and no other party Bioagricoop S.r.l., QC&I International was occurring by reason of exports of requested a review with respect to this Services, Ecocert Italia, Consorzio per il bulk pasta from Italy produced by company. Therefore, the Department is Controllo dei Prodotti Biologici, Barilla which subsequently were rescinding this administrative review, in Associazione Italiana per l’Agricoltura repackaged in the United States into part, for Moline e Pastificio Tomasello Biologica, or Codex S.r.L. In addition, packages of five pounds or less for sale S.r.L. based on publically available in the United States. See Anti– This notice is issued and published in information, the Department has Circumvention Inquiry of the accordance with 19 CFR 351.213(d)(4). determined that, as of August 4, 2004, Antidumping Duty Order on Certain imports of organic pasta from Italy that Pasta from Italy: Affirmative Final Dated: October 20, 2005. are accompanied by the appropriate Determination of Circumvention of the Gary Taverman, certificate issued by Bioagricert S.r.l. are Antidumping Duty Order, 63 FR 54672 Acting Deputy Assistant Secretaryfor Import also excluded from this order. See (October 13, 1998). Administration. Memorandum from Eric B. Greynolds to 4. On October 26, 1998, the [FR Doc. E5–5952 Filed 10–25–05; 8:45 am] Melissa G. Skinner, dated August 4, Department self–initiated a scope BILLING CODE 3510–DS–S 2004, which is on file in the inquiry to determine whether a package Department’s Central Records Unit weighing over five pounds as a result of (‘‘CRU’’) in Room B–099 of the main allowable industry tolerances is within DEPARTMENT OF COMMERCE Department building. the scope of the antidumping and The merchandise subject to review is countervailing duty orders. On May 24, National Oceanic and Atmospheric currently classifiable under item 1999, we issued a final scope ruling Administration finding that, effective October 26, 1998, 1902.19.20 of the Harmonized Tariff Federal Consistency Appeal by Puerto pasta in packages weighing or labeled Schedule of the United States Rico Highway and Transportation up to (and including) five pounds four (‘‘HTSUS’’). Although the HTSUS Authority From an Objection by the ounces is within the scope of the subheading is provided for convenience Puerto Rico Planning Board and customs purposes, the written antidumping and countervailing duty description of the merchandise subject orders. See Memorandum from John AGENCY: National Oceanic and to the order is dispositive. Brinkmann to Richard Moreland, dated Atmospheric Administration (NOAA), The Department has issued the May 24, 1999, which is available in the Department of Commerce (Commerce). following scope rulings: CRU. ACTION: Notice of appeal and request for 1. On August 25, 1997, the 5. On April 27, 2000, the Department comments. Department issued a scope ruling that self–initiated an anti–circumvention multicolored pasta, imported in kitchen inquiry to determine whether Pastificio SUMMARY: This announcement provides display bottles of decorative glass that Fratelli Pagani S.p.A.’s importation of notice that the Puerto Rico Highway and are sealed with cork or paraffin and pasta in bulk and subsequent Transportation Authority has filed an bound with raffia, is excluded from the repackaging in the United States into administrative appeal with the scope of the antidumping and packages of five pounds or less Department of Commerce asking that countervailing duty orders. See constitutes circumvention with respect the Secretary override the Puerto Rico
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Planning Board’s objection to a to be conducted in a manner consistent DEPARTMENT OF COMMERCE consistency certification prepared in with enforceable policies of Puerto conjunction with the proposed Rico’s management program. 15 CFR National Oceanic and Atmospheric reconstruction of a stone revetment and 930.121. The Appellant also requests Administration replacement of a bridge at Aguadilla that the Secretary override the Puerto [I.D. 102005A] Bay. Rico Planning Board’s consistency DATES: Public and federal agency objection on the basis that the proposed North Pacific Fishery Management comments on the appeal are due within activity is necessary in the interest of Council; Public Meetings 30 days of the publication of this notice. national security. To reach this AGENCY: National Marine Fisheries ADDRESSES: All e-mail comments on conclusion, the Secretary must find that Service (NMFS), National Oceanic and issues relevant to the Secretary’s a national defense or other national Atmospheric Administration (NOAA), decision in this appeal may be security interest would be significantly Commerce. submitted to impaired were the activity in question ACTION: Notice of public meetings. [email protected]. not permitted to go forward as Comments may also be sent by mail to proposed. 15 CFR 930.122. SUMMARY: The North Pacific Fishery Brett Grosko, Attorney-Adviser, Office Management Council’s (NPFMC) Gulf of II. Public and Federal Agency of the General Counsel for Ocean Alaska (GOA) and Bering Sea/Aleutian Services, National Oceanic and Comments Islands (BS/AI) groundfish plan teams Atmospheric Administration, U.S. will meet in Seattle. Department of Commerce, 1305 East- Written public comments are invited DATES: The meetings will be held on West Highway, Room 6111 Silver on any of the issues that the Secretary November 14–18, 2005. Spring, MD 20910. Materials from the must consider in deciding this appeal. appeal record will be available at the Comments must be received within 30 ADDRESSES: The meetings will be held at NOAA Office of the General Counsel for days of the publication of this notice, the Alaska Fisheries Science Center, Oceanic Services. In addition, public and may be submitted by e-mail to 7600 Sand Point Way NE., Bldg. 4, filings made by the parties to the appeal [email protected]. Room 2039 (BS/AI Plan Team) and will be available at the office of the Comments may also be sent to Brett Room 2076 (GOA Plan Team), Seattle, Puerto Rico Planning Board. Grosko, Attorney-Adviser, NOAA Office WA. FOR FURTHER INFORMATION CONTACT: of the General Counsel for Ocean Council address: North Pacific Brett Grosko, Attorney-Adviser, NOAA Services, National Oceanic and Fishery Management Council, 605 W. Office of the General Counsel, 301–713– Atmospheric Administration, U.S. 4th Ave., Suite 306, Anchorage, AK 7384. Department of Commerce, 1305 East- 99501–2252. SUPPLEMENTARY INFORMATION: West Highway, Room 6111, Silver FOR FURTHER INFORMATION CONTACT: Jane Spring, MD 20910. Comments will be DiCosimo, Diana Stram, NPFMC, I. Notice of Appeal made available to the PRHTA and the telephone: (907) 271–2809. The Puerto Rico Highway and Puerto Rico Planning Board. SUPPLEMENTARY INFORMATION: The Transportation Authority (PRHTA) has meetings will begin at 1 p.m. on filed a notice of appeal with the III. Appeal Documents Monday, November 14, and continue Secretary of Commerce pursuant to the through Friday, November 18. NOAA intends to provide the public Coastal Zone Management Act of 1972 The Teams will prepare the final (CZMA), 16 U.S.C. 1451 et seq., and with access to all materials and related Economic Stock Assessment Fishery implementing regulations found at 15 documents comprising the appeal Evaluation (SAFE) report, Ecosystem CFR Part 930, Subpart H. The PRHTA record during business hours, at the chapter, GOA and BSAI Groundfish appealed an objection raised by the NOAA Office of the General Counsel for SAFE reports and recommend Final Puerto Rico Planning Board to a Ocean Services. In addition, copies of acceptable biological catch consistency certification contained public filings by the parties will be Specifications for 2006/07 Groundfish within its application to the U.S. Army available for review at the offices of the fisheries. Corps of Engineers for a permit Puerto Rico Planning Board. Although non-emergency issues not necessary to reconstruct a stone For additional information about this contained in this agenda may come revetment and replace a bridge at appeal contact Brett Grosko, 301–713– before this group for discussion, those Aguadilla Bay. 7384. issues may not be the subject of formal The Appellant requests that the action during this meeting. Action will Secretary override the Puerto Rico Dated: October 19, 2005. be restricted to those issues specifically Planning Board’s consistency objection James R. Walpole, identified in this notice and any issues on the basis that the proposed activity General Counsel. arising after publication of this notice is ‘‘consistent with the objectives’’ of the that require emergency action under CZMA. To make this determination, the [Federal Domestic Assistance Catalog section 305(c) of the Magnuson-Stevens Secretary must find that: (1) The No. 11.419 Coastal Zone Management Fishery Conservation and Management proposed activity furthers the national Program Assistance.] Act, provided the public has been interest as articulated in section 302 or [FR Doc. 05–21384 Filed 10–25–05; 8:45 am] notified of the NPFMC’s intent to take 303 of the CZMA, in a significant or BILLING CODE 3510–08–M final action to address the emergency. substantial manner; (2) the adverse effects of the proposed activity do not Special Accommodations outweigh its contribution to the national These meetings are physically interest, when those effects are accessible to people with disabilities. considered separately or cumulatively; Requests for sign language and (3) no reasonable alternative is interpretation or other auxiliary aids available that would permit the activity should be directed to Gail Bendixen,
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(907) 271–2809, at least 5 working days 2:15 p.m.—Public Comment Session. its FERC Gas Tariff, Fifth Revised prior to the meeting date. 2:30 p.m.—Strategic and Legacy Volume No. 1, the following tariff Dated: October 20, 2005. Management Committee Report. sheets, effective November 14, 2005: Emily Menashes, 3:30 p.m.—Environmental Justice First Revised Sheet No. 570 Acting Director, Office of Sustainable Initiatives. First Revised Sheet No. 571 Fisheries, National Marine Fisheries Service. 4 p.m.—Adjourn. First Revised Sheet No. 588 [FR Doc. E5–5899 Filed 10–25–05; 8:45 am] If needed, time will be allotted after BILLING CODE 3510–22–S public comments for items added to the Algonquin states that copies of its agenda, and administrative details. A filing have been served upon all affected final agenda will be available at the customers of Algonquin and interested DEPARTMENT OF ENERGY meeting Monday, November 14, 2005. state commissions. Public Participation: The meeting is Any person desiring to intervene or to Environmental Management Site- open to the public. Written statements protest this filing must file in Specific Advisory Board, Savannah may be filed with the Board either accordance with Rules 211 and 214 of River before or after the meeting. Individuals the Commission’s Rules of Practice and who wish to make oral statements Procedure (18 CFR 385.211 and AGENCY: Department of Energy. pertaining to agenda items should 385.214). Protests will be considered by ACTION: Notice of open meeting. contact Gerri Flemming’s office at the the Commission in determining the address or telephone listed above. SUMMARY: This notice announces a Requests must be received five days appropriate action to be taken, but will meeting of the Environmental prior to the meeting and reasonable not serve to make protestants parties to Management Site-Specific Advisory provision will be made to include the the proceeding. Any person wishing to Board (EMSSAB), Savannah River. The presentation in the agenda. The Deputy become a party must file a notice of Federal Advisory Committee Act (Pub. Designated Federal Officer is intervention or motion to intervene, as L. 92–463, 86 Stat. 770) requires that empowered to conduct the meeting in a appropriate. Such notices, motions, or public notice of this meeting be fashion that will facilitate the orderly protests must be filed in accordance announced in the Federal Register. conduct business. Individuals wishing with the provisions of section 154.210 DATES: Monday, November 14, 2005, 1 to make public comment will be of the Commission’s regulations (18 CFR p.m.–6 p.m., Tuesday, November 15, provided a maximum of five minutes to 154.210). Anyone filing an intervention 2005, 8:30 a.m.–4 p.m. present their comments. or protest must serve a copy of that ADDRESSES: Embassy Suites, 5055 Minutes: The minutes of this meeting document on the Applicant. Anyone International Boulevard, North will be available for public review and filing an intervention or protest on or Charleston, SC 29418. copying at the U.S. Department of before the intervention or protest date FOR FURTHER INFORMATION CONTACT: Energy’s Freedom of Information Public need not serve motions to intervene or Gerri Flemming, Closure Project Office, Reading Room, 1E–190, Forrestal protests on persons other than the Department of Energy Savannah River Building, 1000 Independence Avenue, Applicant. SW., Washington, DC 20585 between 9 Operations Office, P.O. Box A, Aiken, The Commission encourages SC, 29802; Phone: (803) 952–7886. a.m. and 4 p.m., Monday through Friday, except Federal holidays. electronic submission of protests and SUPPLEMENTARY INFORMATION: Purpose of Minutes will also be available by interventions in lieu of paper using the the Board: The purpose of the Board is ‘‘eFiling’’ link at http://www.ferc.gov. to make recommendations to DOE in the writing to Gerri Flemming, Department of Energy Savannah River Operations Persons unable to file electronically areas of environmental restoration, should submit an original and 14 copies waste management, and related Office, P.O. Box A, Aiken, SC 29802, or by calling her at (803) 952–7886. of the protest or intervention to the activities. Federal Energy Regulatory Commission, Issued at Washington, DC, on October 19, Tentative Agenda 2005. 888 First Street, NE., Washington, DC 20426. Monday, November 14, 2005 Carol Matthews, This filing is accessible on-line at 1 p.m.—Combined Committee Session. Acting Advisory Committee Management Officer. 5:15 p.m.—Executive Committee http://www.ferc.gov, using the Meeting. [FR Doc. 05–21375 Filed 10–25–05; 8:45 am] ‘‘eLibrary’’ link and is available for 6 p.m.—Adjourn. BILLING CODE 6450–01–P review in the Commission’s Public Reference Room in Washington, DC. Tuesday, November 15, 2005 There is an ‘‘eSubscription’’ link on the 8:30 a.m.—Approval of Minutes, DEPARTMENT OF ENERGY Web site that enables subscribers to receive e-mail notification when a Agency Updates. Federal Energy Regulatory document is added to a subscribed 8:45 a.m.—Public Comment Session. Commission 9 a.m.—Chair and Facilitator Update. docket(s). For assistance with any FERC 9:30 a.m.—Waste Management [Docket No. RP06–31–000] Online service, please e-mail Committee Report. [email protected], or call 11:30 a.m.—Public Comment Session. Algonquin Gas Transmission, LLC; (866) 208–3676 (toll free). For TTY, call 12 p.m.—Lunch Break. Notice of Proposed Changes in FERC (202) 502–8659. 1 p.m.—Administrative Committee Gas Tariff Report Bylaws Amendment Magalie R. Salas, October 19, 2005. Proposal. Secretary. 1:45 p.m.—Facility Disposition and Site Take notice that on October 14, 2005, [FR Doc. E5–5910 Filed 10–25–05; 8:45 am] Remediation, and Nuclear Materials Algonquin Gas Transmission, LLC BILLING CODE 6717–01–P Committees Reports. (Algonquin) tendered for filing as part of
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DEPARTMENT OF ENERGY Comment Date: 5 p.m. Eastern Time This filing is accessible on-line at on November 4, 2005. http://www.ferc.gov, using the Federal Energy Regulatory ‘‘eLibrary’’ link and is available for Magalie R. Salas, Commission review in the Commission’s Public Secretary. Reference Room in Washington, DC. [FR Doc. E5–5915 Filed 10–25–05; 8:45 am] [Docket Nos. EC06–7–000; ER06–36–000] There is an ‘‘eSubscription’’ link on the BILLING CODE 6717–01–P Web site that enables subscribers to Aquila, Inc.; Notice of Filing receive e-mail notification when a document is added to a subscribed October 18, 2005. DEPARTMENT OF ENERGY docket(s). For assistance with any FERC Take notice that on October 14, 2005, Federal Energy Regulatory Online service, please e-mail Aquila, Inc. (Aquila) filed an Commission [email protected], or call application, pursuant to section 203 of (866) 208–3676 (toll free). For TTY, call the Federal Power Act, with the (202) 502–8659. [Docket No. EC06–6–000] Comment Date: 5 p.m. Eastern Time Commission for approval of a on November 4, 2005. disposition of jurisdictional ArcLight Energy Partners Fund I, L.P. transmission facilities to KAMO Electric Osaka Gas Energy America Magalie R. Salas, Cooperative, Inc. and for related Corporation; Notice of Filing Secretary. required changes to the Agreement for [FR Doc. E5–5914 Filed 10–25–05; 8:45 am] October 18, 2005. Interchange of Power & Interconnected Take notice that on October 14, 2005, BILLING CODE 6717–01–P Operations between Aquila and ArcLight Energy Partners Fund I, L.P. Associated Electric Cooperative, Inc. (ArcLight Fund I) and Osaka Gas Energy DEPARTMENT OF ENERGY Any person desiring to intervene or to America Corporation (Osaka) (together, protest this filing must file in Applicants) submitted an application Federal Energy Regulatory accordance with Rules 211 and 214 of pursuant to section 203 of the Federal Commission the Commission’s Rules of Practice and Power Act for authorization for the Procedure (18 CFR 385.211, 385.214). disposition of jurisdictional facilities [Docket No. EC06–5–000] Protests will be considered by the related to the transfer of a 20% indirect Calpine Energy Services, L.P.; Calpine Commission in determining the limited partnership interest in Construction Finance Company, L.P.; appropriate action to be taken, but will Lakewood Cogeneration Limited Notice of Filing not serve to make protestants parties to Partnership from ArcLight Fund I to the proceeding. Any person wishing to Osaka. Applicant states that Lakewood October 20, 2005. become a party must file a notice of is an exempt wholesale generator that Take notice that on October 13, 2005, intervention or motion to intervene, as owns a 237 MW generating facility Calpine Energy Services, L.P. and appropriate. Such notices, motions, or located in Lakewood Township, New Calpine Construction Finance Company, protests must be filed on or before the Jersey. Applicants have requested L.P. submitted an application pursuant comment date. Anyone filing an confidential treatment of Exhibit I to the to section 203 of the Federal Power Act intervention or protests on or before the Application. for authorization of a disposition of Any person desiring to intervene or to intervention or protest date need not jurisdictional facilities in connection protest this filing must file in serve motions to intervene or protests with the assignment of a power accordance with Rules 211 and 214 of on persons other than the Applicants. purchase agreement. the Commission’s Rules of Practice and Any person desiring to intervene or to The Commission encourages Procedure (18 CFR 385.211, 385.214). protest this filing must file in electronic submission of protests and Protests will be considered by the accordance with Rules 211 and 214 of interventions in lieu of paper using the Commission in determining the the Commission’s Rules of Practice and ‘‘eFiling’’ link at http://www.ferc.gov. appropriate action to be taken, but will Procedure (18 CFR 385.211, 385.214). Persons unable to file electronically not serve to make protestants parties to Protests will be considered by the should submit an original and 14 copies the proceeding. Any person wishing to Commission in determining the of the protest or intervention to the become a party must file a notice of appropriate action to be taken, but will Federal Energy Regulatory Commission, intervention or motion to intervene, as not serve to make protestants parties to 888 First Street, NE., Washington, DC appropriate. Such notices, motions, or the proceeding. Any person wishing to 20426. protests must be filed on or before the become a party must file a notice of comment date. Anyone filing an intervention or motion to intervene, as This filing is accessible on-line at intervention or protest on or before the appropriate. Such notices, motions, or http://www.ferc.gov, using the intervention or protest date need not protests must be filed on or before the ‘‘eLibrary’’ link and is available for serve motions to intervene or protests comment date. Anyone filing a motion review in the Commission’s Public on persons other than the Applicants. to intervene or protests must serve a Reference Room in Washington, DC. The Commission encourages copy of that document on the Applicant. There is an ‘‘eSubscription’’ link on the electronic submission of protests and On or before the comment date, it is not Web site that enables subscribers to interventions in lieu of paper using the necessary to serve motions to intervene receive e-mail notification when a ‘‘eFiling’’ link at http://www.ferc.gov. or protests on persons other than the document is added to a subscribed Persons unable to file electronically Applicant. docket(s). For assistance with any FERC should submit an original and 14 copies The Commission encourages Online service, please e-mail of the protest or intervention to the electronic submission of protests and [email protected], or call Federal Energy Regulatory Commission, interventions in lieu of paper using the (866) 208–3676 (toll free). For TTY, call 888 First Street, NE., Washington, DC ‘‘eFiling’’ link at http://www.ferc.gov. (202) 502–8659. 20426. Persons unable to file electronically
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should submit an original and 14 copies Transmission Company, P.O. Box to seek court review of the of the protest or intervention to the 21734, Shreveport, Louisiana 71151, or Commission’s final order. Federal Energy Regulatory Commission, call (318) 429–2804. The Commission strongly encourages 888 First Street, NE., Washington, DC There are two ways to become electronic filings of comments, protests 20426. involved in the Commission’s review of and interventions via the Internet in lieu This filing is accessible on-line at this project. First, any person wishing to of paper. See, 18 CFR 385.2001(a)(1)(iii) http://www.ferc.gov, using the obtain legal status by becoming a party and the instructions on the ‘‘eLibrary’’ link and is available for to the proceedings for this project Commission’s Web site (http:// review in the Commission’s Public should, on or before the comment date www.ferc.gov) under the ‘‘e-Filing’’ link. Reference Room in Washington, DC. stated below, file with the Federal Comment Date: November 8, 2005. There is an ‘‘eSubscription’’ link on the Energy Regulatory Commission, 888 Magalie R. Salas, Web site that enables subscribers to First Street, NE., Washington, DC 20426, Secretary. receive email notification when a a motion to intervene in accordance document is added to a subscribed with the requirements of the [FR Doc. E5–5919 Filed 10–25–05; 8:45 am] docket(s). For assistance with any FERC Commission’s Rules of Practice and BILLING CODE 6717–01–P Online service, please e-mail Procedure (18 CFR 385.214 or 385.211) [email protected], or call and the Regulations under the NGA (18 DEPARTMENT OF ENERGY (866) 208–3676 (toll free). For TTY, call CFR 157.10). A person obtaining party (202) 502–8659. status will be placed on the service list Comment Date: 5 p.m. Eastern Time Federal Energy Regulatory maintained by the Secretary of the Commission on November 3, 2005. Commission and will receive copies of [Docket No. CP06–4–000] Magalie R. Salas, all documents filed by the applicant and by all other parties. A party must submit Secretary. CenterPoint Energy Gas Transmission 14 copies of filings made with the [FR Doc. E5–5928 Filed 10–25–05; 8:45 am] Company; Notice of Application BILLING CODE 6717–01–P Commission and must mail a copy to the applicant and to every other party in October 20, 2005. the proceeding. Only parties to the Take notice that on October 11, 2005, DEPARTMENT OF ENERGY proceeding can ask for court review of CenterPoint Energy Gas Transmission Commission orders in the proceeding. Company (CEGT), 1111 Louisiana Federal Energy Regulatory However, a person does not have to Street, Houston, Texas 77002–5231, Commission intervene in order to have comments filed in Docket No. CP06–4–000 an [Docket No. CP06–4–000] considered. The second way to application pursuant to section 7(c) of participate is by filing with the the Natural Gas Act (NGA), for CenterPoint Energy Gas Transmission Secretary of the Commission, as soon as authorization to increase the certificated Company; Notice of Application possible, an original and two copies of maximum shut-in reservoir pressure in comments in support of or in opposition its Ruston Storage facilities from 2,202 October 18, 2005. to this project. The Commission will psia to 2,525 psia bottom hole. CEGT’s Take notice that on October 11, 2005, consider these comments in proposal does not require any CenterPoint Energy Gas Transmission determining the appropriate action to be construction of new facilities or involve Company (CEGT), 1111 Louisiana taken, but the filing of a comment alone any ground disturbance, all as more Street, Houston, Texas 77002–5231, will not serve to make the filer a party fully set forth in the application which filed in Docket No. CP06–4–000 an to the proceeding. The Commission’s is on file with the Commission and open application pursuant to section 7(c) of rules require that persons filing to public inspection. This filing may be the Natural Gas Act (NGA), for comments in opposition to the project also viewed on the web at http:// authorization to increase the certificated provide copies of their protests only to www.ferc.gov using the ‘‘eLibrary’’ link. maximum shut-in reservoir pressure in the party or parties directly involved in Enter the docket number excluding the its Ruston Storage facilities from 2,202 the protest. last three digits in the docket number psia to 2,525 psia bottom hole. CEGT’s Persons who wish to comment only field to access the document. For proposal does not require any on the environmental review of this assistance, please contact FERCOnline construction of new facilities or involve project should submit an original and Support at any ground disturbance, all as more two copies of their comments to the [email protected] or toll fully set forth in the application which Secretary of the Commission. free at (866) 208–3676, or TTY, contact is on file with the Commission and open Environmental commenters will be (202) 502–8659. to public inspection. This filing may be placed on the Commission’s Any questions regarding this also viewed on the web at http:// environmental mailing list, will receive application should be directed to www.ferc.gov using the ‘‘eLibrary’’ link. copies of the environmental documents, Lawrence O. Thomas, Director—Rates & Enter the docket number excluding the and will be notified of meetings Regulatory, CenterPoint Energy Gas last three digits in the docket number associated with the Commission’s Transmission Company, P.O. Box field to access the document. For environmental review process. 21734, Shreveport, Louisiana 71151, or assistance, please contact FERCOnline Environmental commenters will not be call (318) 429–2804. Support at required to serve copies of filed There are two ways to become [email protected] or toll documents on all other parties. involved in the Commission’s review of free at (866) 208–3676, or TTY, contact However, the non-party commenters this project. First, any person wishing to (202) 502–8659. will not receive copies of all documents obtain legal status by becoming a party Any questions regarding this filed by other parties or issued by the to the proceedings for this project application should be directed to Commission (except for the mailing of should, on or before the comment date Lawrence O. Thomas, Director-Rates & environmental documents issued by the stated below, file with the Federal Regulatory, CenterPoint Energy Gas Commission) and will not have the right Energy Regulatory Commission, 888
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First Street, NE., Washington, DC 20426, Comment Date: November 10, 2005. ‘‘eLibrary’’ link and is available for a motion to intervene in accordance review in the Commission’s Public Magalie R. Salas, with the requirements of the Reference Room in Washington, DC. Secretary. Commission’s Rules of Practice and There is an ‘‘eSubscription’’ link on the Procedure (18 CFR 385.214 or 385.211) [FR Doc. E5–5926 Filed 10–25–05; 8:45 am] Web site that enables subscribers to and the Regulations under the NGA (18 BILLING CODE 6717–01–P receive e-mail notification when a CFR 157.10). A person obtaining party document is added to a subscribed docket(s). For assistance with any FERC status will be placed on the service list DEPARTMENT OF ENERGY maintained by the Secretary of the Online service, please e-mail Commission and will receive copies of Federal Energy Regulatory [email protected], or call all documents filed by the applicant and Commission (866) 208–3676 (toll free). For TTY, call by all other parties. A party must submit (202) 502–8659. [Docket No. RP06–37–000] 14 copies of filings made with the Magalie R. Salas, Commission and must mail a copy to Cheyenne Plains Gas Pipeline Secretary. the applicant and to every other party in Company LLC; Notice of Proposed [FR Doc. E5–5936 Filed 10–25–05; 8:45 am] the proceeding. Only parties to the Changes in FERC Gas Tariff BILLING CODE 6717–01–P proceeding can ask for court review of Commission orders in the proceeding. October 20, 2005. Take notice that on October 17, 2005, However, a person does not have to DEPARTMENT OF ENERGY Cheyenne Plains Gas Pipeline Company intervene in order to have comments L.L.C. (Cheyenne Plains) tendered for Federal Energy Regulatory considered. The second way to filing as part of its FERC Gas Tariff, Commission participate is by filing with the Original Volume No. 1, the following [Docket No. RP06–39–000] Secretary of the Commission, as soon as tariff sheets to become effective possible, an original and two copies of November 17, 2005: comments in support of or in opposition Colorado Interstate Gas Company; to this project. The Commission will First Revised Sheet No. 222 Notice of Proposed Changes in FERC First Revised Sheet No. 223 Gas Tariff consider these comments in First Revised Sheet No. 224 determining the appropriate action to be First Revised Sheet No. 225 October 20, 2005. taken, but the filing of a comment alone Take notice that on October 17, 2005, will not serve to make the filer a party Cheyenne Plains states that the tariff sheets extend the nomination deadline Colorado Interstate Gas Company (CIG) to the proceeding. The Commission’s by fifteen minutes. tendered for filing as part of its FERC rules require that persons filing Any person desiring to intervene or to Gas Tariff, First Revised Volume No. 1, comments in opposition to the project protest this filing must file in the following tariff sheets to become provide copies of their protests only to accordance with Rules 211 and 214 of effective December 1, 2005: the party or parties directly involved in the Commission’s Rules of Practice and Thirty-Ninth Revised Sheet No. 11A the protest. Procedure (18 CFR 385.211 and Third Revised Sheet No. 230C Persons who wish to comment only 385.214). Protests will be considered by CIG states that these tariff sheets on the environmental review of this the Commission in determining the propose to establish a no-fuel wheeling project should submit an original and appropriate action to be taken, but will area located in the western portion of two copies of their comments to the not serve to make protestants parties to CIG’s system. Secretary of the Commission. the proceeding. Any person wishing to Any person desiring to intervene or to Environmental commenters will be become a party must file a notice of protest this filing must file in placed on the Commission’s intervention or motion to intervene, as accordance with Rules 211 and 214 of environmental mailing list, will receive appropriate. Such notices, motions, or the Commission’s Rules of Practice and copies of the environmental documents, protests must be filed in accordance Procedure (18 CFR 385.211 and and will be notified of meetings with the provisions of Section 154.210 385.214). Protests will be considered by associated with the Commission’s of the Commission’s regulations (18 CFR the Commission in determining the environmental review process. 154.210). Anyone filing an intervention appropriate action to be taken, but will Environmental commenters will not be or protest must serve a copy of that not serve to make protestants parties to required to serve copies of filed document on the Applicant. Anyone the proceeding. Any person wishing to documents on all other parties. filing an intervention or protest on or become a party must file a notice of However, the non-party commenters before the intervention or protest date intervention or motion to intervene, as will not receive copies of all documents need not serve motions to intervene or appropriate. Such notices, motions, or filed by other parties or issued by the protests on persons other than the protests must be filed in accordance Commission (except for the mailing of Applicant. with the provisions of Section 154.210 environmental documents issued by the The Commission encourages of the Commission’s regulations (18 CFR Commission) and will not have the right electronic submission of protests and 154.210). Anyone filing an intervention interventions in lieu of paper using the or protest must serve a copy of that to seek court review of the ‘‘eFiling’’ link at http://www.ferc.gov. document on the Applicant. Anyone Commission’s final order. Persons unable to file electronically filing an intervention or protest on or The Commission strongly encourages should submit an original and 14 copies before the intervention or protest date electronic filings of comments, protests of the protest or intervention to the need not serve motions to intervene or and interventions via the Internet in lieu Federal Energy Regulatory Commission, protests on persons other than the of paper. See, 18 CFR 385.2001(a)(1)(iii) 888 First Street, NE., Washington, DC Applicant. and the instructions on the 20426. The Commission encourages Commission’s web site (http:// This filing is accessible on-line at electronic submission of protests and www.ferc.gov) under the ‘‘e-Filing’’ link. http://www.ferc.gov, using the interventions in lieu of paper using the
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‘‘eFiling’’ link at http://www.ferc.gov. become a party must file a notice of CIG states that the tariff sheets extend Persons unable to file electronically intervention or motion to intervene, as the nomination deadline by fifteen should submit an original and 14 copies appropriate. Such notices, motions, or minutes. of the protest or intervention to the protests must be filed in accordance Any person desiring to intervene or to Federal Energy Regulatory Commission, with the provisions of Section 154.210 protest this filing must file in 888 First Street, NE., Washington, DC of the Commission’s regulations (18 CFR accordance with Rules 211 and 214 of 20426. 154.210). Anyone filing an intervention the Commission’s Rules of Practice and This filing is accessible on-line at or protest must serve a copy of that http://www.ferc.gov, using the document on the Applicant. Anyone Procedure (18 CFR 385.211 and ‘‘eLibrary’’ link and is available for filing an intervention or protest on or 385.214). Protests will be considered by review in the Commission’s Public before the intervention or protest date the Commission in determining the Reference Room in Washington, DC. need not serve motions to intervene or appropriate action to be taken, but will There is an ‘‘eSubscription’’ link on the protests on persons other than the not serve to make protestants parties to Web site that enables subscribers to Applicant. the proceeding. Any person wishing 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 docket(s). For assistance with any FERC interventions in lieu of paper using the appropriate. Such notices, motions, or Online service, please e-mail ‘‘eFiling’’ link at http://www.ferc.gov. protests must be filed in accordance [email protected], or call Persons unable to file electronically with the provisions of Section 154.210 (866) 208–3676 (toll free). For TTY, call should submit an original and 14 copies of the Commission’s regulations (18 CFR (202) 502–8659. of the protest or intervention to the 154.210). Anyone filing an intervention Magalie R. Salas, Federal Energy Regulatory Commission, or protest must serve a copy of that Secretary. 888 First Street, NE., Washington, DC document on the Applicant. Anyone filing an intervention or protest on or [FR Doc. E5–5925 Filed 10–25–05; 8:45 am] 20426. before the intervention or protest date BILLING CODE 6717–01–P This filing is accessible on-line at http://www.ferc.gov, using the need not serve motions to intervene or ‘‘eLibrary’’ link and is available for protests on persons other than the DEPARTMENT OF ENERGY review in the Commission’s Public Applicant. Reference Room in Washington, DC. The Commission encourages Federal Energy Regulatory There is an ‘‘eSubscription’’ link on the electronic submission of protests and Commission Web site that enables subscribers to interventions in lieu of paper using the [Docket No. RP06–35–000] receive e-mail notification when a ‘‘eFiling’’ link at http://www.ferc.gov. document is added to a subscribed Persons unable to file electronically Colorado Interstate Gas Company; docket(s). For assistance with any FERC should submit an original and 14 copies Notice of Proposed Changes in FERC Online service, please e-mail of the protest or intervention to the Gas Tariff [email protected], or call Federal Energy Regulatory Commission, (866) 208–3676 (toll free). For TTY, call 888 First Street, NE., Washington, DC October 20, 2005. (202) 502–8659. Take notice that on October 17, 2005, 20426. Colorado Interstate Gas Company (CIG) Magalie R. Salas, This filing is accessible on-line at tendered for filing as part of its FERC Secretary. http://www.ferc.gov, using the Gas Tariff, First Revised Volume No 1, [FR Doc. E5–5934 Filed 10–25–05; 8:45 am] ‘‘eLibrary’’ link and is available for the following tariff sheets to become BILLING CODE 6717–01–P review in the Commission’s Public effective December 1, 2005: Reference Room in Washington, DC. Second Revised Sheet No. 226 There is an ‘‘eSubscription’’ link on the Thirteenth Revised Sheet Nos. 230A DEPARTMENT OF ENERGY Web site that enables subscribers to First Revised Sheet No. 230A.01 receive email notification when a Federal Energy Regulatory Tenth Revised Sheet No. 230B document is added to a subscribed Fourth Revised Sheet No. 230C Commission Original Sheet Nos. 380F–380J docket(s). For assistance with any FERC Online service, please e-mail CIG states that the tariff sheets are [Docket No. RP06–38–000] [email protected], or call being filed to identify the locations on (866) 208–3676 (toll free). For TTY, call the CIG system where no fuel charge Colorado Interstate Gas Company; (202) 502–8659. will be assessed. Notice of Proposed Changes in FERC CIG states that copies of its filing have Gas Tariff Magalie R. Salas, been sent to all firm customers, Secretary. interruptible customers, and affected October 20, 2005. [FR Doc. E5–5937 Filed 10–25–05; 8:45 am] state commissions. Take notice that on October 17, 2005, Any person desiring to intervene or to Colorado Interstate Gas Company (CIG) BILLING CODE 6717–01–P protest this filing must file in tendered for filing as part of its FERC accordance with Rules 211 and 214 of Gas Tariff, First Revised Volume No. 1, the Commission’s Rules of Practice and the following tariff sheets to become Procedure (18 CFR 385.211 and effective November 17, 2005: 385.214). Protests will be considered by Second Revised Sheet No. 279D the Commission in determining the Tenth Revised Sheet No. 280 appropriate action to be taken, but will Tenth Revised Sheet No. 281B not serve to make protestants parties to Tenth Revised Sheet No. 281C the proceeding. Any person wishing to Fifth Revised Sheet No. 281D
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DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY document is added to a subscribed docket(s). For assistance with any FERC Federal Energy Regulatory Federal Energy Regulatory Online service, please email Commission Commission [email protected], or call [Docket No. RP96–383–068] (866) 208–3676 (toll free). For TTY, call [Docket No. ER03–428–004] (202) 502–8659. Dominion Transmission, Inc.; Notice of Magalie R. Salas, ConocoPhillips Company; Notice of Negotiated Rate Secretary. Filing October 19, 2005. [FR Doc. E5–5901 Filed 10–25–05; 8:45 am] October 18, 2005. Take notice that on October 17, 2005, BILLING CODE 6717–01–P Take notice that on September 22, Dominion Transmission, Inc. (DTI) 2005, ConocoPhillips Company tendered for filing as part of its FERC DEPARTMENT OF ENERGY tendered for filing an amended triennial Gas Tariff, Third Revised Volume No. 1, market power analysis of the following tariff sheets, to become Federal Energy Regulatory ConocoPhillips and proposed tariff effective October 18, 2005: Commission revisions. Fifteenth Revised Sheet No. 1300 [Docket No. RP06–15–001] Any person desiring to intervene or to Eighth Revised Sheet No. 1400 protest this filing must file in DTI states that the purpose of this Garden Banks Gas Pipeline, LLC; accordance with Rules 211 and 214 of filing is to report a continuation of a Notice of Proposed Changes in FERC the Commission’s Rules of Practice and negotiated rate transaction between DTI Gas Tariff Procedure (18 CFR 385.211, 385.214). and Virginia Power Services Energy Corp., Inc. and to disclose a non- October 20, 2005. Protests will be considered by the Take notice that on October 14, 2005, Commission in determining the conforming service agreement that materially deviates from DTI’s form of Garden Banks Gas Pipeline, LLC appropriate action to be taken, but will (Garden Banks) tendered for filing as not serve to make protestants parties to service agreement. Any person desiring to intervene or to part of its FERC Gas Tariff, Original the proceeding. Any person wishing to protest this filing must file in Volume No. 1, the following tariff become a party must file a notice of accordance with Rules 211 and 214 of sheets, to become effective November 7, intervention or motion to intervene, as the Commission’s Rules of Practice and 2005: appropriate. Such notices, motions, or Procedure (18 CFR 385.211 and Ninth Revised Sheet No. 2 protests must be filed on or before the 385.214). Protests will be considered by Ninth Revised Sheet No. 57 comment date. Anyone filing a motion the Commission in determining the Third Revised Sheet No. 138 to intervene or protest must serve a copy appropriate action to be taken, but will First Revised Sheet No. 139 of that document on the Applicant and not serve to make protestants parties to Garden Banks states it discovered an all the parties in this proceeding. the proceeding. Any person wishing to error in the pagination of certain tariff The Commission encourages become a party must file a notice of sheets filed in this proceeding on electronic submission of protests and intervention or motion to intervene, as October 7, 2005. Garden Banks states interventions in lieu of paper using the appropriate. Such notices, motions, or that it inadvertently erred in filing such ‘‘eFiling’’ link at http://www.ferc.gov. protests must be filed in accordance sheets, as these sheets had been Persons unable to file electronically with the provisions of Section 154.210 submitted previously to the Commission should submit an original and 14 copies of the Commission’s regulations (18 CFR in FERC Docket No. RP05–453–000. of the protest or intervention to the 154.210). Anyone filing an intervention Garden Banks states that the purpose Federal Energy Regulatory Commission, or protest must serve a copy of that of the filing is to correct the pagination 888 First Street, NE., Washington, DC document on the Applicant. Anyone errors by tendering in this filing the 20426. filing an intervention or protest on or above-listed tariff sheets. Garden Banks This filing is accessible on-line at before the intervention or protest date claims it has made no substantive http://www.ferc.gov, using the need not serve motions to intervene or changes to these tariff sheets. Any person desiring to intervene or to ‘‘eLibrary’’ link and is available for protests on persons other than the protest this filing must file in review in the Commission’s Public Applicant. The Commission encourages accordance with Rules 211 and 214 of Reference Room in Washington, DC. electronic submission of protests and the Commission’s Rules of Practice and There is an ‘‘eSubscription’’ link on the interventions in lieu of paper using the Procedure (18 CFR 385.211 and Web site that enables subscribers to ‘‘eFiling’’ link at http://www.ferc.gov. 385.214). Protests will be considered by receive e-mail notification when a Persons unable to file electronically the Commission in determining the document is added to a subscribed should submit an original and 14 copies appropriate action to be taken, but will docket(s). For assistance with any FERC of the protest or intervention to the not serve to make protestants parties to Online service, please e-mail Federal Energy Regulatory Commission, the proceeding. Any person wishing to [email protected], or call 888 First Street, NE., Washington, DC become a party must file a notice of (866) 208–3676 (toll free). For TTY, call 20426. intervention or motion to intervene, as (202) 502–8659. This filing is accessible on-line at appropriate. Such notices, motions, or Comment Date: 5 p.m. Eastern Time http://www.ferc.gov, using the protests must be filed in accordance on October 28, 2005. ‘‘eLibrary’’ link and is available for with the provisions of Section 154.210 review in the Commission’s Public of the Commission’s regulations (18 CFR Magalie R. Salas, Reference Room in Washington, DC. 154.210). Anyone filing an intervention Secretary. There is an ‘‘eSubscription’’ link on the or protest must serve a copy of that [FR Doc. E5–5917 Filed 10–25–05; 8:45 am] Web site that enables subscribers to document on the Applicant and all BILLING CODE 6717–01–P receive email notification when a parties in this proceeding.
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The Commission encourages or protest must serve a copy of that accordance with Rules 211 and 214 of electronic submission of protests and document on the Applicant. Anyone the Commission’s Rules of Practice and interventions in lieu of paper using the filing an intervention or protest on or Procedure (18 CFR 385.211, 385.214). ‘‘eFiling’’ link at http://www.ferc.gov. before the intervention or protest date Protests will be considered by the Persons unable to file electronically need not serve motions to intervene or Commission in determining the should submit an original and 14 copies protests on persons other than the appropriate action to be taken, but will of the protest or intervention to the Applicant. not serve to make protestants parties to Federal Energy Regulatory Commission, The Commission encourages the proceeding. Any person wishing to 888 First Street, NE., Washington, DC electronic submission of protests and become a party must file a notice of 20426. interventions in lieu of paper using the intervention or motion to intervene, as This filing is accessible on-line at ‘‘eFiling’’ link at http://www.ferc.gov. appropriate. Such notices, motions, or http://www.ferc.gov, using the Persons unable to file electronically protests must be filed on or before the ‘‘eLibrary’’ link and is available for should submit an original and 14 copies comment date. Anyone filing a motion review in the Commission’s Public of the protest or intervention to the to intervene or protest must serve a copy Reference Room in Washington, DC. Federal Energy Regulatory Commission, of that document on the Applicant. On There is an ‘‘eSubscription’’ link on the 888 First Street, NE., Washington, DC or before the comment date, it is not Web site that enables subscribers to 20426. necessary to serve motions to intervene receive e-mail notification when a This filing is accessible on-line at or protests on persons other than the document is added to a subscribed http://www.ferc.gov, using the Applicant. docket(s). For assistance with any FERC ‘‘eLibrary’’ link and is available for The Commission encourages Online service, please e-mail review in the Commission’s Public electronic submission of protests and [email protected], or call Reference Room in Washington, DC. interventions in lieu of paper using the (866) 208–3676 (toll free). For TTY, call There is an ‘‘eSubscription’’ link on the ‘‘eFiling’’ link at http://www.ferc.gov. (202) 502–8659. Web site that enables subscribers to Persons unable to file electronically receive e-mail notification when a should submit an original and 14 copies Magalie R. Salas, document is added to a subscribed of the protest or intervention to the Secretary. docket(s). For assistance with any FERC Federal Energy Regulatory Commission, [FR Doc. E5–5930 Filed 10–25–05; 8:45 am] Online service, please e-mail 888 First Street, NE., Washington, DC BILLING CODE 6717–01–P [email protected], or call 20426. (866) 208–3676 (toll free). For TTY, call This filing is accessible on-line at (202) 502–8659. http://www.ferc.gov, using the DEPARTMENT OF ENERGY ‘‘eLibrary’’ link and is available for Magalie R. Salas, review in the Commission’s Public Federal Energy Regulatory Secretary. Reference Room in Washington, DC. Commission [FR Doc. E5–5909 Filed 10–25–05; 8:45 am] There is an ‘‘eSubscription’’ link on the [Docket No. RP06–29–000] BILLING CODE 6717–01–P Web site that enables subscribers to receive e-mail notification when a High Island Offshore System, L.L.C.; document is added to a subscribed Notice of Tariff Filing DEPARTMENT OF ENERGY docket(s). For assistance with any FERC Online service, please e-mail October 19, 2005. Federal Energy Regulatory [email protected], or call Take notice that on October 14, 2005, Commission (866) 208–3676 (toll free). For TTY, call High Island Offshore System, L.L.C. [Docket No. EC06–10–000] (202) 502–8659. (HIOS) tendered for filing as part of its Comment Date: 5 p.m. Eastern Time FERC Gas Tariff, Third Revised Volume Lake Road Holding Company, LLC; on November 8, 2005. No. 1, Fifth Revised Sheet No. 173, to Lake Road Generating Company, L.P.; become effective November 14, 2005. Notice of Filing Magalie R. Salas, HIOS states that the purpose of this Secretary. filing is to remove the CIG/Granite State October 20, 2005. [FR Doc. E5–5927 Filed 10–25–05; 8:45 am] policy discount provisions in Section 26 Take notice that on October 18, 2005, BILLING CODE 6717–01–P of the General Terms and Conditions of Lake Road Holding Company, LLC HIOS’s tariff. (HoldCo) and Lake Road Generating Any person desiring to intervene or to Company, L.P. (Lake Road Gen) filed DEPARTMENT OF ENERGY protest this filing must file in with the Federal Energy Regulatory accordance with Rules 211 and 214 of Commission an application requesting Federal Energy Regulatory the Commission’s Rules of Practice and that the Commission grant all Commission Procedure (18 CFR 385.211 and authorizations and approvals necessary [Docket No. ER05–1444–001] 385.214). Protests will be considered by under section 203 of the Federal Power the Commission in determining the Act for an indirect disposition of Midwest Independent Transmission appropriate action to be taken, but will jurisdictional facilities as a result of System Operator, Inc.; Notice of Filing not serve to make protestants parties to certain proposed transfers of ownership the proceeding. Any person wishing to or control of equity interests in HoldCo. October 19, 2005. become a party must file a notice of HoldCo states that it owns 100% of the Take notice that on September 13, intervention or motion to intervene, as equity interests in Lake Road Gen, 2005, the Midwest Independent appropriate. Such notices, motions, or which owns and operates a 750 Transmission System Operator, Inc. protests must be filed in accordance megawatt electric generating facility (Midwest ISO) submitted an errata to its with the provisions of section 154.210 located near Killingly, Connecticut. September 6, 2005 filing of an of the Commission’s regulations (18 CFR Any person desiring to intervene or to unexecuted Large Generator 154.210). Anyone filing an intervention protest this filing must file in Interconnection Agreement among
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Matton Wind Farm LLC, the Midwest 1, the following tariff sheets to become DEPARTMENT OF ENERGY ISO, and Central Illinois Public Service effective November 17, 2005: Company d/b/a/ Ameren CIPS. Federal Energy Regulatory Second Revised Sheet No. 218 Commission Any person desiring to intervene or to Third Revised Sheet No. 219 protest this filing must file in Second Revised Sheet No. 219A [Project No. 2216–066] accordance with Rules 211 and 214 of the Commission’s Rules of Practice and Mojave states that the tariff sheets New York Power Authority; Notice of Procedure (18 CFR 385.211, 385.214). extend the nomination deadline by Application Accepted for Filing and Protests will be considered by the fifteen minutes. Soliciting Motions To Intervene and Commission in determining the Protests Any person desiring to intervene or to appropriate action to be taken, but will protest this filing must file in not serve to make protestants parties to October 19, 2005. the proceeding. Any person wishing to accordance with Rules 211 and 214 of Take notice that the following become a party must file a notice of the Commission’s Rules of Practice and hydroelectric application has been filed intervention or motion to intervene, as Procedure (18 CFR 385.211 and with the Commission and is available appropriate. Such notices, motions, or 385.214). Protests will be considered by for public inspection. a. Type of Application: New Major protests must be filed on or before the the Commission in determining the License. comment date. Anyone filing a motion appropriate action to be taken, but will not serve to make protestants parties to b. Project No.: 2216–066. to intervene or protest must serve a copy c. Date Filed: August 18, 2005. of that document on the Applicant and the proceeding. Any person wishing to d. Applicant: New York Power all the parties in this proceeding. become a party must file a notice of Authority. The Commission encourages intervention or motion to intervene, as e. Name of Project: Niagara Power electronic submission of protests and appropriate. Such notices, motions, or Project, which consists of the Lewiston interventions in lieu of paper using the protests must be filed in accordance Pump Generating Plant and the Robert ‘‘eFiling’’ link at http://www.ferc.gov. with the provisions of Section 154.210 Moses Niagara Power Plant. Persons unable to file electronically of the Commission’s regulations (18 CFR f. Location: The Niagara Power Project should submit an original and 14 copies 154.210). Anyone filing an intervention is located on the Niagara River in the of the protest or intervention to the or protest must serve a copy of that City of Niagara Falls and the Towns of Federal Energy Regulatory Commission, document on the Applicant. Anyone Niagara and Lewiston, in Niagara 888 First Street, NE., Washington, DC filing an intervention or protest on or County, New York. 20426. before the intervention or protest date g. Filed Pursuant to: Federal Power This filing is accessible on-line at need not serve motions to intervene or Act 16 U.S.C. 791(a)–825(r). h. Applicant Contact: Frederick E. http://www.ferc.gov, using the protests on persons other than the Chase, Executive Director of ‘‘eLibrary’’ link and is available for Applicant. review in the Commission’s Public Hydropower Relicensing, Power Reference Room in Washington, DC. The Commission encourages Authority of the State of New York, 30 There is an ‘‘eSubscription’’ link on the electronic submission of protests and South Pearl Street, Albany, NY 12207– Web site that enables subscribers to interventions in lieu of paper using the 3425, (518) 433–6738 or receive email notification when a ‘‘eFiling’’ link at http://www.ferc.gov. [email protected]. document is added to a subscribed Persons unable to file electronically i. FERC Contact: Steve Kartalia, (202) docket(s). For assistance with any FERC should submit an original and 14 copies 502–6131 or [email protected]. Online service, please e-mail of the protest or intervention to the j. Deadline for filing motions to [email protected], or call Federal Energy Regulatory Commission, intervene and protests: 60 days from the (866) 208–3676 (toll free). For TTY, call 888 First Street, NE., Washington, DC issuance date of this notice. All documents (original and eight (202) 502–8659. 20426. copies) should be filed with: Magalie R. Comment Date: 5 p.m. Eastern Time This filing is accessible on-line at Salas, Secretary, Federal Energy on October 28, 2005. http://www.ferc.gov, using the Regulatory Commission, 888 First Magalie R. Salas, ‘‘eLibrary’’ link and is available for Street, NE., Washington, DC 20426. Secretary. review in the Commission’s Public The Commission’s Rules of Practice [FR Doc. E5–5903 Filed 10–25–05; 8:45 am] Reference Room in Washington, DC. require all intervenors filing documents with the Commission to serve a copy of BILLING CODE 6717–01–P There is an ‘‘eSubscription’’ link on the Web site that enables subscribers to that document on each person on the receive email notification when a official service list for the project. DEPARTMENT OF ENERGY document is added to a subscribed Further, if an intervenor files comments docket(s). For assistance with any FERC or documents with the Commission relating to the merits of an issue that Federal Energy Regulatory Online service, please e-mail may affect the responsibilities of a Commission [email protected], or call particular resource agency, they must (866) 208–3676 (toll free). For TTY, call [Docket No. RP06–33–000] also serve a copy of the document on (202) 502–8659. that resource agency. Mojave Pipeline Company; Notice of Magalie R. Salas, Motions to intervene and protests may be filed electronically via the Internet in Proposed Changes in FERC Gas Tariff Secretary. lieu of paper. The Commission strongly October 20, 2005. [FR Doc. E5–5932 Filed 10–25–05; 8:45 am] encourages electronic filings. See 18 Take notice that on October 17, 2005, BILLING CODE 6717–01–P CFR 385.2001(a)(1)(iii) and the Mojave Pipeline Company (Mojave) instructions on the Commission’s Web tendered for filing as part of its FERC site (http://www.ferc.gov) under the ‘‘e- Gas Tariff, Second Revised Volume No. Filing’’ link.
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k. This application has been accepted, responds; (3) furnish the name, address, the Commission’s Rules of Practice and but is not ready for environmental and telephone number of the person Procedure (18 CFR 385.211 and analysis at this time. protesting or intervening; and (4) 385.214). Protests will be considered by l. Description of Project: The existing otherwise comply with the requirements the Commission in determining the project has a conventional development of 18 CFR 385.2001 through 385.2005. appropriate action to be taken, but will and a pumped storage development for Agencies may obtain copies of the not serve to make protestants parties to a total current installed capacity of application directly from the applicant. the proceeding. Any person wishing to 2,538 megawatts (based on currently A copy of any protest or motion to become a party must file a notice of completed upgrades). Existing project intervene must be served upon each intervention or motion to intervene, as facilities include: (a) Two 700-foot-long representative of the applicant specified appropriate. Such notices, motions, or intake structures located on the upper in the particular application. protests must be filed in accordance Niagara River about 2.6 miles upstream o. Procedural schedule and final with the provisions of Section 154.210 from the American Falls; (b) two 4.3- amendments: At this time we anticipate of the Commission’s regulations (18 CFR mile-long concrete underground water preparing a draft environmental impact 154.210). Anyone filing an intervention supply conduits, each measuring 46 feet statement (DEIS). Recipients will have or protest must serve a copy of that wide by 66.5 feet high; (c) a forebay; (d) 60 days to provide the Commission with document on the Applicant. Anyone the Lewiston Pump-Generating Plant, any written comments on the DEIS. All filing an intervention or protest on or measuring 975 feet long by 240 feet comments filed with the Commission before the intervention or protest date wide by 160 feet high; (e) the 1,900-acre will be considered in the final need not serve motions to intervene or Lewiston Reservoir at a maximum water environmental impact statement (FEIS). protests on persons other than the surface elevation of 658 feet United The application will be processed Applicant. States Lake Survey Datum; (f) the Robert according to the following Hydro The Commission encourages Moses Niagara power plant, including Licensing Schedule. Revisions to the electronic submission of protests and an intake structure, measuring 1,100 feet schedule will be made as appropriate. interventions in lieu of paper using the long by 190 feet wide by 100 feet high; Notice of application ready for ‘‘eFiling’’ link at http://www.ferc.gov. (g) a switch yard; and (h) appurtenant environmental analysis, soliciting final Persons unable to file electronically facilities. terms and conditions: February 2006. should submit an original and 14 copies m. A copy of the application is Notice of the Availability of the DEIS: of the protest or intervention to the available for review at the Commission May 2006. Federal Energy Regulatory Commission, in the Public Reference Room or may be Notice of the Availability of the FEIS: 888 First Street, NE., Washington, DC viewed on the Commission’s Web site at November 2006. 20426. http://www.ferc.gov using the Ready for Commission’s decision on This filing is accessible on-line at ‘‘eLibrary’’ link. Enter the docket the application: February 2007. http://www.ferc.gov, using the number excluding the last three digits in Final amendments to the application ‘‘eLibrary’’ link and is available for the docket number field to access the must be filed with the Commission no review in the Commission’s Public document. For assistance, contact FERC later than 30 days from the issuance Reference Room in Washington, DC. Online Support at date of the notice of ready for There is an ‘‘eSubscription’’ link on the [email protected] or toll- environmental analysis. Web site that enables subscribers to free at 1–866–208–3676, or for TTY, receive e-mail notification when a (202) 502–8659. A copy is also available Magalie R. Salas, document is added to a subscribed for inspection and reproduction at the Secretary. docket(s). For assistance with any FERC address in item h above. [FR Doc. E5–5904 Filed 10–25–05; 8:45 am] Online service, please e-mail You may also register online at BILLING CODE 6717–01–P [email protected], or call http://www.ferc.gov/docs-filing/ (866) 208–3676 (toll free). For TTY, call esubscription.asp to be notified via e- (202) 502–8659. mail of new filings and issuances DEPARTMENT OF ENERGY related to this or other pending projects. Magalie R. Salas, For assistance, contact FERC Online Federal Energy Regulatory Secretary. Support. Commission [FR Doc. E5–5908 Filed 10–25–05; 8:45 am] n. Anyone may submit a protest or a BILLING CODE 6717–01–P motion to intervene in accordance with [Docket No. RP06–28–000] the requirements of Rules of Practice Petal Gas Storage, L.L.C.; Notice of and Procedure, 18 CFR 385.210, Proposed Changes in FERC Gas Tariff DEPARTMENT OF ENERGY 385.211, and 385.214. In determining the appropriate action to take, the October 19, 2005. Federal Energy Regulatory Commission will consider all protests Take notice that on October 14, 2005, Commission filed, but only those who file a motion Petal Gas Storage, L.L.C. (Petal) [Docket No. ES06–1–000] to intervene in accordance with the tendered for filing as part of its FERC Commission’s Rules may become a Gas Tariff, Original Volume No.1, First PPL Electric Utilities Corporation; party to the proceeding. Any protests or Revised Sheet No. 138, to become Notice of Application motions to intervene must be received effective November 14, 2005. on or before the specified deadline date Petal states that the purpose of this October 18, 2005. for the particular application. filing is to remove the CIG/Granite State Take notice that on October 11, 2005, All filings must (1) bear in all capital policy discount provisions in section 26 PPL Electric Utilities Corporation, letters the title ‘‘PROTEST’’ or of the general terms and conditions of submitted an application pursuant to ‘‘MOTION TO INTERVENE;’’ (2) set Petal’s tariff. section 204 of the Federal Power Act forth in the heading the name of the Any person desiring to intervene or to seeking authorization to issue and applicant and the project number of the protest this filing must file in reissue, and to have outstanding at any application to which the filing accordance with Rules 211 and 214 of one time, short-term indebtedness in an
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aggregate face amount not to exceed Energy Ellwood, Inc. and Reliant Energy DEPARTMENT OF ENERGY $600 million. Mandalay, Inc. (collectively, Reliant) Any person desiring to intervene or to pursuant to Rule 212 of the Federal Energy Regulatory protest this filing must file in Commission’s Rules of Practice and Commission accordance with Rules 211 and 214 of Procedures, file a motion for waiver and the Commission’s Rules of Practice and modification of Article IV, section 4 of [Docket No. ER05–1311–001] Procedure (18 CFR 385.211 and the Stipulation and Consent Agreement 385.214). Protests will be considered by approved by the Commission. Southern California Edison Company; the Commission in determining the Notice of Filing appropriate action to be taken, but will Any person desiring to intervene or to not serve to make protestants parties to protest this filing must file in October 19, 2005. the proceeding. Any person wishing to accordance with Rules 211 and 214 of become a party must file a notice of the Commission’s Rules of Practice and Take notice that on October 5, 2005, intervention or motion to intervene, as Procedure (18 CFR 385.211, 385.214). Southern California Edison Company appropriate. Such notices, motions, or Protests will be considered by the (SCE) filed with the Commission an protests must be filed on or before the Commission in determining the executed Letter Agreement to revise and comment date. Anyone filing a motion appropriate action to be taken, but will supplement the terms set forth in the to intervene or protest must serve a copy not serve to make protestants parties to Interconnection Facilities Agreement of that document on the Applicant. On the proceeding. Any person wishing to between SCE and Mountainview Power or before the comment date, it is not become a party must file a notice of Company, LLC. necessary to serve motions to intervene intervention or motion to intervene, as SCE states that copies of the filing or protests on persons other than the appropriate. Such notices, motions, or have been mailed to the official service Applicant. protests must be filed on or before the list in this proceeding. The Commission encourages comment date. Anyone filing a motion Any person desiring to intervene or to electronic submission of protests and to intervene or protest must serve a copy protest this filing must file in interventions in lieu of paper using the of that document on the Applicant and accordance with Rules 211 and 214 of ‘‘eFiling’’ link at http://www.ferc.gov. all the parties in this proceeding. Persons unable to file electronically the Commission’s Rules of Practice and should submit an original and 14 copies The Commission encourages Procedure (18 CFR 385.211, 385.214). of the protest or intervention to the electronic submission of protests and Protests will be considered by the Federal Energy Regulatory Commission, interventions in lieu of paper using the Commission in determining the 888 First Street, NE., Washington, DC ‘‘eFiling’’ link at http://www.ferc.gov. appropriate action to be taken, but will 20426. Persons unable to file electronically not serve to make protestants parties to This filing is accessible on-line at should submit an original and 14 copies the proceeding. Any person wishing to http://www.ferc.gov, using the of the protest or intervention to the become a party must file a notice of ‘‘eLibrary’’ link and is available for Federal Energy Regulatory Commission, intervention or motion to intervene, as review in the Commission’s Public 888 First Street, NE., Washington, DC appropriate. Such notices, motions, or Reference Room in Washington, DC. 20426. protests must be filed on or before the There is an ‘‘eSubscription’’ link on the This filing is accessible on-line at comment date. Anyone filing a motion Web site that enables subscribers to http://www.ferc.gov, using the to intervene or protest must serve a copy receive e-mail notification when a ‘‘eLibrary’’ link and is available for of that document on the Applicant and document is added to a subscribed review in the Commission’s Public all the parties in this proceeding. docket(s). For assistance with any FERC Reference Room in Washington, DC. Online service, please e-mail The Commission encourages There is an ‘‘eSubscription’’ link on the [email protected], or call electronic submission of protests and (866) 208–3676 (toll free). For TTY, call Web site that enables subscribers to interventions in lieu of paper using the (202) 502–8659. receive e-mail notification when a ‘‘eFiling’’ link at http://www.ferc.gov. Comment Date: 5 p.m. Eastern Time document is added to a subscribed Persons unable to file electronically on November 4, 2005. 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 Magalie R. Salas, [email protected], or call Federal Energy Regulatory Commission, Secretary. (866) 208–3676 (toll free). For TTY, call 888 First Street, NE., Washington, DC [FR Doc. E5–5913 Filed 10–25–05; 8:45 am] (202) 502–8659. 20426. BILLING CODE 6717–01–P Comment Date: 5 p.m. Eastern Time This filing is accessible on-line at on October 26, 2005. http://www.ferc.gov, using the DEPARTMENT OF ENERGY Magalie R. Salas, ‘‘eLibrary’’ link and is available for review in the Commission’s Public Secretary. Federal Energy Regulatory Reference Room in Washington, DC. [FR Doc. E5–5916 Filed 10–25–05; 8:45 am] Commission There is an ‘‘eSubscription’’ link on the BILLING CODE 6717–01–P [Docket Nos. EL03–59–004; IN03–10–000; Web site that enables subscribers to PA02–2–000] receive email notification when a document is added to a subscribed Reliant Energy Services, Inc., et al.; docket(s). For assistance with any FERC Notice of Filing Online service, please email October 18, 2005. [email protected], or call Take notice that on October 11, 2005, (866) 208–3676 (toll free). For TTY, call Reliant Energy Services, Inc., Reliant (202) 502–8659.
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Comment Date: 5 p.m. Eastern Time ‘‘eLibrary’’ link and is available for of the protest or intervention to the on October 31, 2005. review in the Commission’s Public Federal Energy Regulatory Commission, Reference Room in Washington, DC. 888 First Street, NE., Washington, DC Magalie R. Salas, There is an ‘‘eSubscription’’ link on the 20426. Secretary. Web site that enables subscribers to This filing is accessible on-line at [FR Doc. E5–5902 Filed 10–25–05; 8:45 am] receive e-mail notification when a http://www.ferc.gov, using the BILLING CODE 6717–01–P document is added to a subscribed ‘‘eLibrary’’ link and is available for docket(s). For assistance with any FERC review in the Commission’s Public Online service, please e-mail Reference Room in Washington, DC. DEPARTMENT OF ENERGY [email protected], or call There is an ‘‘eSubscription’’ link on the Federal Energy Regulatory (866) 208–3676 (toll free). For TTY, call Web site that enables subscribers to Commission (202) 502–8659. receive email notification when a document is added to a subscribed [Docket No. RP06–30–000] Magalie R. Salas, docket(s). For assistance with any FERC Secretary. Online service, please email Texas Eastern Transmission, LP; [FR Doc. E5–5931 Filed 10–25–05; 8:45 am] [email protected], or call Notice of Proposed Changes in FERC BILLING CODE 6717–01–P (866) 208–3676 (toll free). For TTY, call Gas Tariff (202) 502–8659. October 20, 2005. DEPARTMENT OF ENERGY Magalie R. Salas, Take notice that on October 14, 2005, Secretary. Texas Eastern Transmission, LP (Texas Federal Energy Regulatory [FR Doc. E5–5906 Filed 10–25–05; 8:45 am] Eastern) tendered for filing as part of its Commission BILLING CODE 6717–01–P FERC Gas Tariff, Seventh Revised Volume No. 1, the following tariff [Docket No. RP06–26–000] sheets, to become effective November Texas Gas Transmission, LLC; Notice DEPARTMENT OF ENERGY 14, 2005: of Proposed Changes in FERC Gas Second Revised Sheet No. 559 Tariff Federal Energy Regulatory Second Revised Sheet No. 561 Commission October 19, 2005. Texas Eastern states that copies of its [Docket No. ER05–17–005] Take notice that on October 13, 2005, filing have been served upon all affected Texas Gas Transmission, LLC, (Texas customers of Texas Eastern and Trans-Elect NTD Path 15, LLC; Notice Gas) tendered for filing as part of its interested state commissions. of Compliance Filing Any person desiring to intervene or to FERC Gas Tariff, Second Revised protest this filing must file in Volume No. 1, the following tariff October 18, 2005. accordance with Rules 211 and 214 of sheets, to become effective December 1, Take notice that on October 12, 2005, the Commission’s Rules of Practice and 2005: Trans-Elect NTD Path 15, LLC, pursuant Procedure (18 CFR 385.211 and Second Revised Sheet No. 278 to the Commission’s Order issued 385.214). Protests will be considered by First Revised Sheet No. 278A August 19, 2005, submitted a second the Commission in determining the Any person desiring to intervene or to compliance filing documenting the appropriate action to be taken, but will protest this filing must file in actual or potential tax liability of the not serve to make protestants parties to accordance with Rules 211 and 214 of individual equity owners of Trans-Elect the proceeding. Any person wishing to the Commission’s Rules of Practice and NTD Holdings Path 15 LLC. become a party must file a notice of Procedure (18 CFR 385.211 and Any person desiring to intervene or to intervention or motion to intervene, as 385.214). Protests will be considered by protest this filing must file in appropriate. Such notices, motions, or the Commission in determining the accordance with Rules 211 and 214 of protests must be filed in accordance appropriate action to be taken, but will the Commission’s Rules of Practice and with the provisions of section 154.210 not serve to make protestants parties to Procedure (18 CFR 385.211, 385.214). of the Commission’s regulations (18 CFR the proceeding. Any person wishing to Protests will be considered by the 154.210). Anyone filing an intervention become a party must file a notice of Commission in determining the or protest must serve a copy of that intervention or motion to intervene, as appropriate action to be taken, but will document on the Applicant. Anyone appropriate. Such notices, motions, or not serve to make protestants parties to filing an intervention or protest on or protests must be filed in accordance the proceeding. Any person wishing to before the intervention or protest date with the provisions of Section 154.210 become a party must file a notice of need not serve motions to intervene or of the Commission’s regulations (18 CFR intervention or motion to intervene, as protests on persons other than the 154.210). Anyone filing an intervention appropriate. Such notices, motions, or Applicant. or protest must serve a copy of that protests must be filed on or before the The Commission encourages document on the Applicant. Anyone comment date. Anyone filing a motion electronic submission of protests and filing an intervention or protest on or to intervene or protest must serve a copy interventions in lieu of paper using the before the intervention or protest date of that document on the Applicant and ‘‘eFiling’’ link at http://www.ferc.gov. need not serve motions to intervene or all the parties in this proceeding. Persons unable to file electronically protests on persons other than the The Commission encourages should submit an original and 14 copies Applicant. electronic submission of protests and of the protest or intervention to the The Commission encourages interventions in lieu of paper using the Federal Energy Regulatory Commission, electronic submission of protests and ‘‘eFiling’’ link at http://www.ferc.gov. 888 First Street, NE., Washington, DC interventions in lieu of paper using the Persons unable to file electronically 20426. ‘‘eFiling’’ link at http://www.ferc.gov. should submit an original and 14 copies This filing is accessible on-line at Persons unable to file electronically of the protest or intervention to the http://www.ferc.gov, using the should submit an original and 14 copies Federal Energy Regulatory Commission,
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888 First Street, NE., Washington, DC protests on persons other than the protests must be filed in accordance 20426. Applicant. with the provisions of section 154.210 This filing is accessible on-line at The Commission encourages of the Commission’s regulations (18 CFR http://www.ferc.gov, using the electronic submission of protests and 154.210). Anyone filing an intervention ‘‘eLibrary’’ link and is available for interventions in lieu of paper using the or protest must serve a copy of that review in the Commission’s Public ‘‘eFiling’’ link at http://www.ferc.gov. document on the Applicant. Anyone Reference Room in Washington, DC. Persons unable to file electronically filing an intervention or protest on or There is an ‘‘eSubscription’’ link on the should submit an original and 14 copies before the intervention or protest date Web site that enables subscribers to of the protest or intervention to the need not serve motions to intervene or receive e-mail notification when a Federal Energy Regulatory Commission, protests on persons other than the document is added to a subscribed 888 First Street, NE., Washington, DC Applicant. docket(s). For assistance with any FERC 20426. The Commission encourages Online service, please e-mail This filing is accessible on-line at electronic submission of protests and [email protected], or call http://www.ferc.gov, using the interventions in lieu of paper using the (866) 208–3676 (toll free). For TTY, call ‘‘eLibrary’’ link and is available for ‘‘eFiling’’ link at http://www.ferc.gov. (202) 502–8659. review in the Commission’s Public Persons unable to file electronically Comment Date: 5 p.m. Eastern Time Reference Room in Washington, DC. should submit an original and 14 copies on October 25, 2005. There is an ‘‘eSubscription’’ link on the of the protest or intervention to the Web site that enables subscribers to Magalie R. Salas, Federal Energy Regulatory Commission, receive e-mail notification when a 888 First Street, NE., Washington, DC Secretary. document is added to a subscribed 20426. [FR Doc. E5–5918 Filed 10–25–05; 8:45 am] docket(s). For assistance with any FERC This filing is accessible on-line at BILLING CODE 6717–01–P Online service, please e-mail http://www.ferc.gov, using the [email protected], or call ‘‘eLibrary’’ link and is available for (866) 208–3676 (toll free). For TTY, call review in the Commission’s Public DEPARTMENT OF ENERGY (202) 502–8659. Reference Room in Washington, DC. Federal Energy Regulatory Magalie R. Salas, There is an ‘‘eSubscription’’ link on the Commission Secretary. Web site that enables subscribers to receive e-mail notification when a [FR Doc. E5–5907 Filed 10–25–05; 8:45 am] [Docket No. RP06–27–000] document is added to a subscribed BILLING CODE 6717–01–P docket(s). For assistance with any FERC Transcontinental Gas Pipe Line Online service, please e-mail Corporation; Notice of Proposed [email protected], or call Changes in FERC Gas Tariff DEPARTMENT OF ENERGY (866) 208–3676 (toll free). For TTY, call October 19, 2005. Federal Energy Regulatory (202) 502–8659. Take notice that on October 13, 2005, Commission Magalie R. Salas, Transcontinental Gas Pipe Line [Docket No. RP06–32–000] Secretary. Corporation (Transco) tendered for [FR Doc. E5–5911 Filed 10–25–05; 8:45 am] Transcontinental Gas Pipe Line filing as part of its FERC Gas Tariff, BILLING CODE 6717–01–P Third Revised Volume No. 1, the tariff Corporation; Notice of Proposed sheets listed in Appendix A to the Changes in FERC Gas Tariff filing, to become effective November 15, October 19, 2005. DEPARTMENT OF ENERGY 2005. Take notice that on October 14, 2005, Transco states that copies of the filing Federal Energy Regulatory Transcontinental Gas Pipe Line are being mailed to affected customers Commission Corporation (Transco) tendered for and interested State Commissions. [Docket No. RP06–34–000] Any person desiring to intervene or to filing as part of its FERC Gas Tariff, Third Revised Volume No. 1, the protest this filing must file in Wyoming Interstate Company, Ltd.; accordance with Rules 211 and 214 of following tariff sheets, to become effective November 15, 2005: Notice of Proposed Changes in FERC the Commission’s Rules of Practice and Gas Tariff Procedure (18 CFR 385.211 and First Revised Sheet No. 33A 385.214). Protests will be considered by Second Revised Sheet No. 33B October 20, 2005. the Commission in determining the Transco states that copies of the filing Take notice that on October 17, 2005, appropriate action to be taken, but will are being mailed to affected customers Wyoming Interstate Company, Ltd. not serve to make protestants parties to and interested state commissions. (WIC) tendered for filing as part of its the proceeding. Any person wishing to Any person desiring to intervene or to FERC Gas Tariff, Second Revised become a party must file a notice of protest this filing must file in Volume No. 2, the following tariff sheets intervention or motion to intervene, as accordance with Rules 211 and 214 of to become effective November 17, 2005: appropriate. Such notices, motions, or the Commission’s Rules of Practice and Eighth Revised Sheet No. 64 protests must be filed in accordance Procedure (18 CFR 385.211 and Seventh Revised Sheet No. 64C with the provisions of section 154.210 385.214). Protests will be considered by Sixth Revised Sheet No. 64G of the Commission’s regulations (18 CFR the Commission in determining the Fifth Revised Sheet No. 64H 154.210). Anyone filing an intervention appropriate action to be taken, but will Third Revised Sheet No. 64I or protest must serve a copy of that not serve to make protestants parties to WIC states that the tariff sheets extend document on the Applicant. Anyone the proceeding. Any person wishing to the nomination deadline by fifteen filing an intervention or protest on or become a party must file a notice of minutes. before the intervention or protest date intervention or motion to intervene, as Any person desiring to intervene or to need not serve motions to intervene or appropriate. Such notices, motions, or protest this filing must file in
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accordance with Rules 211 and 214 of the following tariff sheets to become DEPARTMENT OF ENERGY the Commission’s Rules of Practice and effective November 17, 2005: Procedure (18 CFR 385.211 and Federal Energy Regulatory Eighth Revised Sheet No. 80 Commission 385.214). Protests will be considered by Third Revised Sheet No. 80C the Commission in determining the First Revised Sheet No. 80F [Docket No. EL06–5–000] appropriate action to be taken, but will First Revised Sheet No. 80G not serve to make protestants parties to First Revised Sheet No. 80H The City of Glendale, CA, Complainant the proceeding. Any person wishing to Third Revised Sheet No. 80I v. Portland General Electric Company, become a party must file a notice of Respondent; Notice of Complaint intervention or motion to intervene, as Young states that the tariff sheets Requesting Fast Track Consideration appropriate. Such notices, motions, or extend the nomination deadline by protests must be filed in accordance fifteen minutes. October 19, 2005. with the provisions of Section 154.210 Any person desiring to intervene or to Take notice that on October 18, 2005, of the Commission’s regulations (18 CFR protest this filing must file in the City of Glendale, California 154.210). Anyone filing an intervention accordance with Rules 211 and 214 of (Glendale) filed with the Commission a or protest must serve a copy of that complaint against Portland General document on the Applicant. Anyone the Commission’s Rules of Practice and Procedure (18 CFR 385.211 and Electric Company (PGE), alleging the filing an intervention or protest on or PGE as failed to follow and apply the before the intervention or protest date 385.214). Protests will be considered by the Commission in determining the requirements for the pricing, fees, and need not serve motions to intervene or charges for energy and firm system appropriate action to be taken, but will protests on persons other than the capacity that PGE sells to Glendale not serve to make protestants parties to Applicant. under the Long-Term Power Sale and The Commission encourages the proceeding. Any person wishing to Exchange Agreement between Glendale electronic submission of protests and become a party must file a notice of and PGE (Agreement). Glendale requests interventions in lieu of paper using the intervention or motion to intervene, as a Commission order directing PGE to ‘‘eFiling’’ link at http://www.ferc.gov. appropriate. Such notices, motions, or refund all amounts paid by Glendale in Persons unable to file electronically protests must be filed in accordance excess of the just and reasonable prices should submit an original and 14 copies with the provisions of section 154.210 and formulary rates of the Agreement, of the protest or intervention to the of the Commission’s regulations (18 CFR plus interest, from the initial date of Federal Energy Regulatory Commission, 154.210). Anyone filing an intervention PGE’s erroneous billing to present. 888 First Street, NE., Washington, DC or protest must serve a copy of that Glendale also requests fast-track 20426. document on the Applicant. Anyone consideration of its complaint in light of This filing is accessible on-line at filing an intervention or protest on or PGE’s August 2005 filing of a complaint http://www.ferc.gov, using the before the intervention or protest date for declaratory relief in the U.S. District ‘‘eLibrary’’ link and is available for need not serve motions to intervene or Court in Oregon, which addresses many review in the Commission’s Public protests on persons other than the of the same issues and matters in Reference Room in Washington, DC. Applicant. dispute here. There is an ‘‘eSubscription’’ link on the Any person desiring to intervene or to The Commission encourages Web site that enables subscribers to protest this filing must file in electronic submission of protests and receive email notification when a accordance with Rules 211 and 214 of interventions in lieu of paper using the document is added to a subscribed the Commission’s Rules of Practice and docket(s). For assistance with any FERC ‘‘eFiling’’ link at http://www.ferc.gov. Procedure (18 CFR 385.211 and Online service, please e-mail Persons unable to file electronically 385.214). Protests will be considered by [email protected], or call should submit an original and 14 copies the Commission in determining the (866) 208–3676 (toll free). For TTY, call of the protest or intervention to the appropriate action to be taken, but will (202) 502–8659. Federal Energy Regulatory Commission, not serve to make protestants parties to 888 First Street, NE., Washington, DC Magalie R. Salas, the proceeding. Any person wishing to 20426. Secretary. become a party must file a notice of intervention or motion to intervene, as [FR Doc. E5–5933 Filed 10–25–05; 8:45 am] This filing is accessible on-line at http://www.ferc.gov, using the appropriate. Such notices, motions, or BILLING CODE 6717–01–P ‘‘eLibrary’’ link and is available for protests must be filed on or before the review in the Commission’s Public comment date. Anyone filing a motion DEPARTMENT OF ENERGY Reference Room in Washington, DC. to intervene or protest must serve a copy There is an ‘‘eSubscription’’ link on the of that document on the Applicant and Federal Energy Regulatory Web site that enables subscribers to all parties to this proceeding. Commission receive e-mail notification when a The Commission encourages electronic submission of protests and document is added to a subscribed interventions in lieu of paper using the [Docket No. RP06–36–000] docket(s). For assistance with any FERC ‘‘eFiling’’ link at http://www.ferc.gov. Online service, please e-mail Young Gas Storage Company, Ltd.; Persons unable to file electronically [email protected], or call should submit an original and 14 copies Notice of Proposed Changes in FERC (866) 208–3676 (toll free). For TTY, call Gas Tariff of the protest or intervention to the (202) 502–8659. Federal Energy Regulatory Commission, October 20, 2005. Magalie R. Salas, 888 First Street, NE., Washington, DC Take notice that on October 17, 2005, 20426. Secretary. Young Gas Storage Company, Ltd. This filing is accessible on-line at (Young) tendered for filing as part of its [FR Doc. E5–5935 Filed 10–25–05; 8:45 am] http://www.ferc.gov, using the FERC Gas Tariff, Original Volume No. 1, BILLING CODE 6717–01–P ‘‘eLibrary’’ link and is available for
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review in the Commission’s Public Description: Midwest Independent Filed Date: October 12, 2005. Reference Room in Washington, DC. Transmission System Operator, Inc Accession Number: 20051014–0114. There is an ‘‘eSubscription’’ link on the submits an unexecuted Large Generator Comment Date: 5 p.m. Eastern Time Web site that enables subscribers to Interconnection Agreement among on Wednesday, November 2, 2005. receive e-mail notification when a Endeavor Power Partners, Midwest ISO Docket Numbers: ER99–3197–002. document is added to a subscribed and Interstate Power and Light Applicants: BIV Generation Company, docket(s). For assistance with any FERC Company 22. L.L.C. Online service, please e-mail Filed Date: October 12, 2005. Description: BIV Generation Co, LLC [email protected], or call Accession Number: 20051013–0045. submits its updated market power (866) 208–3676 (toll free). For TTY, call Comment Date: 5 p.m. Eastern Time analysis in compliance with FERC’s July (202) 502–8659. on Wednesday, November 2, 2005. 28, 1999 Order. Comment Date: 5 p.m. Eastern Time Docket Numbers: ER06–23–000. Filed Date: October 12, 2005. on November 8, 2005. Applicants: TXU Electric Delivery Accession Number: 20051014–0118. Company. Magalie R. Salas, Comment Date: 5 p.m. Eastern Time Description: TXU Electric Delivery Co Secretary. on Wednesday, November 2, 2005. submits a notice of cancellation of Any person desiring to intervene or to [FR Doc. E5–5912 Filed 10–25–05; 8:45 am] Transmission Service Agreement Nos. protest in any of the above proceedings BILLING CODE 6717–01–P 94, 106, and 111 pursuant to FERC must file in accordance with Rules 211 Electric Tariff, Ninth Revised Volume and 214 of the Commission’s Rules of No. 1. DEPARTMENT OF ENERGY Practice and Procedure (18 CFR 385.211 Filed Date: October 12, 2005. and 385.214) on or before 5 p.m. Eastern Federal Energy Regulatory Accession Number: 20051013–0078. time on the specified comment date. It Commission Comment Date: 5 p.m. Eastern Time is not necessary to separately intervene on Wednesday, November 2, 2005. again in a subdocket related to a Combined Notice of Filings #1 Docket Numbers: ER06–25–000. compliance filing if you have previously Applicants: American Electric Power intervened in the same docket. Protests October 18, 2005. Service Corporation. will be considered by the Commission Take notice that the Commission Description: American Electric Power in determining the appropriate action to received the following electric rate Service Corp on behalf of AEP Texas be taken, but will not serve to make filings. North Co submits an executed amended protestants parties to the proceeding. Docket Numbers: ER05–1407–001. and restated generation interconnection Anyone filing a motion to intervene or Applicants: Portland General Electric agreement with Buffalo Gap Wind Farm, protest must serve a copy of that Company. LLC etc. document on the Applicant. In reference Description: Portland General Electric Filed Date: October 12, 2005. to filings initiating a new proceeding, Co submits revised filing in response to Accession Number: 20051013–0081. interventions or protests submitted on FERC’s request for additional Comment Date: 5 p.m. Eastern Time or before the comment deadline need information. on Wednesday, November 2, 2005. not be served on persons other than the Filed Date: October 12, 2005. Docket Numbers: ER06–29–000. Applicant. Accession Number: 20051013–0074. Applicants: Dartmouth Power The Commission encourages Comment Date: 5 p.m. Eastern Time Associates Limited Partnership. electronic submission of protests and on Wednesday, November 2, 2005. Description: Dartmouth Power interventions in lieu of paper, using the Docket Numbers: ER05–150–002. Associates L.P. submits a notice of FERC Online links at http:// Applicants: Trinity Public Utilities cancellation of FERC Rate Schedule No. www.ferc.gov. To facilitate electronic District. 1 effective October 13, 2005. service, persons with Internet access Description: Trinity Public Utilities Filed Date: October 12, 2005. who will eFile a document and/or be District advises FERC that it has Accession Number: 20051014–0116. listed as a contact for an intervenor prepared, executed and forwarded to Comment Date: 5 p.m. Eastern Time must create and validate an Pacific Gas & Electric Co an amendment on Wednesday, November 2, 2005. eRegistration account using the to the existing Operating Agreement. Docket Numbers: ER06–30–000. eRegistration link. Select the eFiling Filed Date: October 12, 2005. Applicants: Midwest Independent link to log on and submit the Accession Number: 20051014–0113. Transmission System Operator, Inc. intervention or protests. Comment Date: 5 p.m. Eastern Time Description: Midwest Independent Persons unable to file electronically on Wednesday, November 2, 2005. Transmission System Operator Inc. should submit an original and 14 copies Docket Numbers: ER06–19–000. submits an executed Large Generator of the intervention or protest to the Applicants: MeadWestvaco Energy Interconnection Agreement among Federal Energy Regulatory Commission, Services, LLC. Union Electric Co dba AmerenUE, 888 First St., NE., Washington, DC Description: MeadWestvaco Energy Midwest ISO and Central Illinois Public 20426. Services LLC notifies FERC that it Service Company dba AmerenCIPS. The filings in the above proceedings changed its name to NewPage Energy Filed Date: October 11, 2005. are accessible in the Commission’s Services LLC effective September 30, Accession Number: 20051017–0222. eLibrary system by clicking on the 2005. Comment Date: 5 p.m. Eastern Time appropriate link in the above list. They Filed Date: October 11, 2005. on Tuesday, November 1, 2005. are also available for review in the Accession Number: 20051017–0221. Docket Numbers: ER99–3077–002. Commission’s Public Reference Room in Comment Date: 5 p.m. Eastern Time Applicants: Colorado Power Partners. Washington, DC. There is an on Tuesday, November 1, 2005. Description: Colorado Power Partners eSubscription link on the Web site that Docket Numbers: ER06–22–000. submits its updated market power enables subscribers to receive e-mail Applicants: Midwest Independent analysis in compliance with FERC’s notification when a document is added Transmission System Operator, Inc. prior Orders. to a subscribed dockets(s). For
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assistance with any FERC Online Description: Pacific Gas & Electric Co. eLibrary system by clicking on the service, please e-mail submits its filing proposing certain appropriate link in the above list. They [email protected]. or call revisions to its First Revised Rate are also available for review in the (866) 208–3676 (toll free). For TTY, call Schedule FERC No. 208 for the Commission’s Public Reference Room in (202) 502–8659. Reliability Must-Run Service Agreement Washington, DC. There is an with California Independent System eSubscription link on the Web site that Magalie R. Salas, Operator Corp. enables subscribers to receive e-mail Secretary. Filed Date: 10/13/2005. notification when a document is added [FR Doc. E5–5900 Filed 10–25–05; 8:45 am] Accession Number: 20051017–0226. to a subscribed docket(s). For assistance BILLING CODE 6717–01–P Comment Date: 5 p.m. eastern time on with any FERC Online service, please e- Thursday, November 03, 2005. mail [email protected] or call (866) 208–3676 (toll free). For TTY, DEPARTMENT OF ENERGY Docket Numbers: ER06–44–000; ER06–45–000. call (202) 502–8659. Federal Energy Regulatory Applicants: Manchief Power Magalie R. Salas, Commission Company, LLC; EPCOR Power Secretary. (Castleton). [FR Doc. E5–5924 Filed 10–25–05; 8:45 am] Combined Notice of Filings #1 Description: Manchief Power Co., LLC and EPCOR Power (Castleton) submit BILLING CODE 6717–01–P October 20, 2005. revisions to their respective FERC Take notice that the Commission Electric Tariffs. DEPARTMENT OF ENERGY received the following electric rate Filed Date: 10/12/2005. filings: Accession Number: 20051019–0029. Docket Numbers: ER02–783–004; Federal Energy Regulatory Comment Date: 5 p.m. eastern time on Commission ER02–852–004; ER02–855–004; ER01– Wednesday, November 2, 2005. 2262–006; ER03–438–003; ER95–433– Any person desiring to intervene or to [Docket No. CP05–372–000] 001; ER05–723–003. protest in any of the above proceedings Applicants: EPCOR Merchant and Midwestern Gas Transmission must file in accordance with Rules 211 Capital (US) Inc.; EPCOR Power Company; Notice of Availability of the and 214 of the Commission’s Rules of Development, Inc. EPDC, Inc.; Environmental Assessment for the Practice and Procedure (18 CFR 385.211 Frederickson Power L.P.; Manchief Proposed Mgt Eastern Extension and § 385.214) on or before 5 p.m. Power Company LLC; Curtis/Palmer Project eastern time on the specified comment Hydroelectric Company L.P.; EPCOR date. It is not necessary to separately Power (Castleton) LLC. October 20, 2005. intervene again in a subdocket related to Description: EPCOR Merchant and The staff of the Federal Energy a compliance filing if you have Capital (US) Inc., EPCOR Power Regulatory Commission (FERC or previously intervened in the same Development Inc. et al. submits a Notice Commission) has prepared an docket. Protests will be considered by of Change in Status regarding Market- environmental assessment (EA) on the the Commission in determining the Based Rate Authority. natural gas pipeline facilities proposed Filed Date: 10/12/2005. appropriate action to be taken, but will by Midwestern Gas Transmission Accession Number: 20051019–0016. not serve to make protestants parties to Company (MGT) in the above- Comment Date: 5 p.m. eastern time on the proceeding. Anyone filing a motion referenced docket. Wednesday, November 02, 2005. to intervene or protest must serve a copy The EA was prepared to satisfy the Docket Numbers: ER06–9–000. of that document on the Applicant. In requirements of the National Applicants: FPL Energy Burleigh reference to filings initiating a new Environmental Policy Act. The staff County Wind, LLC. proceeding, interventions or protests concludes that approval of the proposed Description: Request for authorization submitted on or before the comment project, with appropriate mitigating to sell energy & capacity at market-based deadline need not be served on persons measures, would not constitute a major rates re FPL Energy Burleigh County other than the Applicant. Federal action significantly affecting the Wind, LLC. The Commission encourages quality of the human environment. Filed Date: 10/03/2005. electronic submission of protests and The EA assesses the potential Accession Number: 20051007–0011. interventions in lieu of paper, using the environmental effects of the Comment Date: 5 p.m. eastern time on FERC Online links at http:// construction and operation of the Monday, October 24, 2005. www.ferc.gov. To facilitate electronic proposed 30.9 miles of 16-inch-diameter Docket Numbers: ER06–32–000. service, persons with Internet access pipeline commencing at the MGT Applicants: American Transmission who will eFile a document and/or be Portland Station in Sumner County, Company LLC. listed as a contact for an intervenor Tennessee and traversing southeasterly Description: American Transmission must create and validate an to proposed interconnects with Co., LLC, by its corporate manager, ATC eRegistration account using the Columbia Gulf Transmission Company Management Inc., submits a notice of eRegistration link. Select the eFiling and East Tennessee Natural Gas cancellation of Attachments K & K–1 to link to log on and submit the Company in Trousdale County, the Open Access Transmission Tariff, intervention or protests. Tennessee. The proposed pipeline FERC Electric Tariff, Volume No. 1. Persons unable to file electronically would deliver up to 120,000 decatherms Filed Date: 10/13/2005. should submit an original and 14 copies per day (Dth/d) to Piedmont Natural Gas Accession Number: 20051017–0227. of the intervention or protest to the Company, Inc., a local distribution Comment Date: 5 p.m. eastern time on Federal Energy Regulatory Commission, company, for long-term transportation. Thursday, November 03, 2005. 888 First St., NE., Washington, DC Additional pipeline facilities would Docket Numbers: ER06–33–000. 20426. consist of a pig launcher and piping Applicants: Pacific Gas & Electric The filings in the above proceedings modifications to existing reciprocating Company. are accessible in the Commission’s engines at the MGT Portland Station,
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mainline valve assemblies and a pig cause by stating that they have a clear the EA in coordination with its receiver at the terminus of the line, and direct interest in this proceeding cooperating agencies: The ultrasonic meters with electronic flow which would not be adequately Environmental Protection Agency, measurement, flow control valves, and represented by any other parties. You do National Oceanic and Atmospheric data acquisition control buildings. not need intervenor status to have your Administration National Marine The EA has been placed in the public comments considered. Fisheries Service, U.S. Army Corps of files of the FERC. A limited number of Additional information about the Engineers, and the U.S. Fish and copies of the EA are available for project is available from the Wildlife Service. The document will distribution and public inspection at: Commission’s Office of External Affairs, satisfy the requirements of the National Federal Energy Regulatory Commission, at 1–866–208–FERC or on the FERC Environmental Policy Act. Public Reference Room, 888 First Street, Internet Web site (http://www.ferc.gov) This notice supplements the NE., Room 2A, Washington, DC 20426. using the eLibrary link. Click on the informational letter issued by the FERC (202) 502–8371. eLibrary link, click on ‘‘General Search’’ on January 13, 2005, which announced Copies of the EA have been mailed to and enter the docket number excluding FERC’s initiation of a pre-filing Federal, state and local agencies, public the last three digits in the Docket environmental review for the project, interest groups, Native American tribes, Number field. Be sure you have selected and the Notice of Intent (NOI) to prepare interested individuals, local libraries, an appropriate date range. For an EA issued on May 25, 2005. Those newspapers, and parties to this assistance, please contact FERC Online previous transmittals provided proceeding. Support at [email protected] information about the proposed project Any person wishing to comment on or toll free at 1–866–208–3676, or for and the FERC’s environmental review the EA may do so. To ensure TTY, contact (202) 502–8659. The process and requested comments on the consideration prior to a Commission eLibrary link also provides access to the scope of issues to address in the EA. decision on the proposal, it is important texts of formal documents issued by the The comment period for the NOI closed that we receive your comments before Commission, such as orders, notices, on June 24, 2005. the date specified below. Please and rulemakings. Transco has recently identified two carefully follow these instructions to In addition, the Commission now new potential compressor station sites ensure that your comments are received offers a free service called eSubscription in Middlesex County, New Jersey. These in time and properly recorded: which allows you to keep track of all • new sites were not included in the Send an original and two copies of formal issuances and submittals in previous transmittals issued by FERC. your comments to: Magalie R. Salas, specific dockets. This can reduce the The sites, known as Mario’s Concrete Secretary, Federal Energy Regulatory amount of time you spend researching (Lot 8) and Manzo site (Lot 13.13), are Commission, 888 First St., NE., Room proceedings by automatically providing located southeast of the Madison Park 1A, Washington, DC 20426; you with notification of these filings, • subdivision, and also southeast of the Label one copy of the comments for document summaries and direct links to proposed Cheesequake site. They are the attention of the Gas Branch 1; the documents. Go to http:// • bordered by Bordentown Avenue to the Reference Docket No. CP05–372– www.ferc.gov/esubscribenow.htm. west. A map depicting the proposed site 000; and locations is included in Appendix A.1 • Mail your comments so that they Magalie R. Salas, We 2 are specifically requesting will be received in Washington, DC on Secretary. comments on the new sites or any or before November 21, 2005. [FR Doc. E5–5938 Filed 10–25–05; 8:45 am] previously proposed sites. The scoping Please note that the Commission BILLING CODE 6717–01–P period for this notice ends on November strongly encourages electronic filing of 18, 2005. any comments or interventions or protests to this proceeding. See 18 CFR DEPARTMENT OF ENERGY Public Participation 385.2001(a)(1)(iii) and the instructions You can make a difference by on the Commission’s Web site at Federal Energy Regulatory providing us with your specific http://www.ferc.gov under the ‘‘e- Commission comments or concerns about the project. Filing’’ link and the link to the User’s [Docket No. PF05–6–000] You should focus on the potential Guide. Before you can file comments environmental effects of the proposal you will need to create a free account Transcontinental Gas Pipe Line and measures to avoid or lessen which can be created on-line. Corporation; Supplemental Notice of environmental impact. The more Comments will be considered by the Intent To Prepare an Environmental specific your comments, the more useful Commission but will not serve to make Assessment for the Proposed Leidy to they will be. By becoming a commentor, the commentor a party to the Long Island Expansion Project and your concerns will be addressed in the proceeding. Any person seeking to Request for Comments on EA and considered by the Commission. become a party to the proceeding must Environmental Issues Please carefully follow these file a motion to intervene pursuant to October 19, 2005. instructions to ensure that your Rule 214 of the Commission’s Rules of The staff of the Federal Energy Practice and Procedures (18 CFR Regulatory Commission (FERC or 1 385.214).1 Only intervenors have the The appendices referenced in this notice are not Commission) are preparing an being printed in the Federal Register. Copies are right to seek rehearing of the environmental assessment (EA) that will available on the Commission’s Internet Web site Commission’s decision. (http://www.ferc.gov) at the ‘‘eLibrary’’ link or from discuss the environmental impacts of Affected landowners and parties with the Commission’s Public Reference and Files the Leidy to Long Island Expansion environmental concerns may be granted Maintenance Branch at (202) 502–8371. For Project (project) proposed by instructions on connecting to eLibrary, refer to the intervenor status upon showing good Transcontinental Gas Pipe Line end of this notice. Copies of the appendices were sent to all those receiving this notice in the mail. 1 Interventions may also be filed electronically via Corporation (Transco). The FERC will 2 ‘‘We,’’ ‘‘us,’’ and ‘‘our’’ refer to the the Internet in lieu of paper. See the previous be the lead Federal agency in the environmental staff of the FERC’s Office of Energy discussion on filing comments electronically. preparation of the EA, but will prepare Projects.
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comments are received in time and identified on the Commission’s service at (908) 788–8996. You may also access properly recorded: list for this proceeding. Persons on the Transco’s Leidy to Long Island • Send an original and two copies of service list with e-mail addresses may Expansion Project Web site at http:// your letter to: Magalie R. Salas, be served electronically; others must be www.williams.com/northeastexpansion. Secretary, Federal Energy Regulatory served a hard copy of the filing. Commission, 888 First St., NE., Room Affected landowners and parties with Magalie R. Salas, 1A, Washington, DC 20426; environmental concerns may be granted Secretary. • Label one copy of your comments intervenor status upon showing good [FR Doc. E5–5905 Filed 10–25–05; 8:45 am] for the attention of Gas Branch 3, DG2E; cause by stating that they have a clear BILLING CODE 6717–01–P • Reference Docket No. PF05–6–000 and direct interest in this proceeding on the original and both copies; and which would not be adequately • Mail your comments so that they represented by any other parties. You do DEPARTMENT OF ENERGY will be received in Washington, DC on not need intervenor status to have your or before November 18, 2005. environmental comments considered. Federal Energy Regulatory Please note that we are continuing to Commission experience delays in mail deliveries Environmental Mailing List from the U.S. Postal Service. Therefore, This notice is being sent to affected Notice of Application for Transfer of the Commission encourages electronic landowners; Federal, State, and local License and To Change Name of filing of comments. See 18 CFR government agencies; elected officials; Project and Soliciting Comments, 385.2001(a)(1)(iii) and the instructions environmental and public interest Motions to Intervene, and Protests on the Commission’s Internet Web site groups; Native American tribes; local October 20, 2005. at http://www.ferc.gov under the ‘‘e- libraries and newspapers; and other Take notice that the following Filing’’ link and the link to the User’s interested parties that expressed an hydroelectric application has been filed Guide. Prepare your submission in the interest in the project. We encourage with the Commission and is available same manner as you would if filing on government representatives to notify for public inspection: paper and save it to a file on your hard their constituents of this planned a. Application Type: Transfer of drive. Before you can file comments you project and encourage them to comment License. will need to create a free account by on their areas of concern. b. Project No.: 7000–030. clicking on ‘‘Login to File’’ and then Additional Information c. Date Filed: October 4, 2005. ‘‘New User Account.’’ You will be asked d. Applicants: Brascan Power St. to select the type of filing you are Additional information about the Lawrence River LLC, formerly known making. This filing is considered a project is available from the as: Orion Power New York GP II, Inc. ‘‘Comment on Filing.’’ Commission’s Office of External Affairs, (Transferor). Erie Boulevard at 1–866–208–FERC or on the FERC Becoming an Intervenor Hydropower, L.P. (Transferee). Internet Web site (http://www.ferc.gov) e. Name and Location of Project: The Because the NEPA Pre-Filing Process using the eLibrary link. Click on the Newton Falls Hydroelectric Project is occurs before an application to begin a eLibrary link, click on ‘‘General Search’’ located on the Oswegatchie River in St. proceeding is officially filed, petitions and enter the docket number excluding Lawrence County, New York. to intervene during this process are the last three digits in the Docket f. Filed Pursuant to: Federal Power premature and will not be accepted by Number field. Be sure you have selected Act, 16 U.S.C. 791a–825r. the Commission. Transco proposes to an appropriate date range. For g. Applicants’ Contact: Amy S. Koch, file its application for authorization to assistance with eLibrary, the eLibrary Patton Boggs LLP, 2550 M Street, NW., construct the proposed facilities in mid- helpline can be reached at 1–866–208– Washington, DC 20037, (202) 457–5618. November. At that time, the 3676, TTY (202) 502–8659, or at h. FERC Contact: James Hunter at Commission will publish notice of the [email protected]. The (202) 502–6086. application in the Federal Register and eLibrary link on the FERC Internet Web i. Deadline for filing comments, establish a deadline for interested site also provides access to the texts of protests, and motions to intervene: persons to intervene in the proceeding. formal documents issued by the November 10, 2005. To become an intervenor you must Commission, such as orders, notices, All documents (original and eight file a motion to intervene according to and rulemakings. copies) should be filed with: Magalie R. Rule 214 of the Commission’s Rules of In addition, the Commission now Salas, Secretary, Federal Energy Practice and Procedure (18 CFR offers a free service called eSubscription Regulatory Commission, 888 First 385.214). Intervenors have the right to which allows you to keep track of all Street, NE., Washington, DC 20426. seek rehearing of the Commission’s formal issuances and submittals in Comments, protests, and interventions decision. Motions to Intervene should specific dockets. This can reduce the may be filed electronically via the be electronically submitted using the amount of time you spend researching Internet in lieu of paper; see 18 CFR Commission’s eFiling system at http:// proceedings by automatically providing 385.2001(a)(1)(iii) and the instructions www.ferc.gov. Persons without Internet you with notification of these filings, on the Commission’s Web site under the access should send an original and 14 document summaries and direct links to ‘‘e-Filing’’ link. The Commission copies of their motion to the Secretary the documents. Go to http:// strongly encourages electronic filings. of the Commission at the address www.ferc.gov/esubscribenow.htm. Please include the Project Number on indicated previously. Persons filing Finally, Transco has established a any comments or motions filed. Motions to Intervene on or before the toll-free information telephone line at The Commission’s Rules of Practice comment deadline indicated above must (866) 455–9103, as well as an e-mail and Procedure require all intervenors send a copy of the motion to the address at filing a document with the Commission Applicant. All filings, including late questions@northeastexpansion. to serve a copy of that document on interventions, submitted after the williams.com. Transco’s single point of each person in the official service list comment deadline must be served on contact for the project is Mr. James for the project. Further, if an intervenor the Applicant and all other intervenors Goudreau, and can be reached by phone files comments or documents with the
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Commission relating to the merits of an filing comments, it will be presumed to Washington, DC 20460; telephone issue that may affect the responsibilities have no comments. One copy of an number: (202) 564–4113; fax number: of a particular resource agency, they agency’s comments must also be sent to (202) 564–0050; e-mail address: must also serve a copy of the documents the Applicants’ representatives. [email protected]. on that resource agency. Magalie R. Salas, SUPPLEMENTARY INFORMATION: EPA has j. Description of Application: The submitted the following ICR to OMB for Applicants seek Commission approval Secretary. review and approval according to the to transfer the license for the Newton [FR Doc. E5–5929 Filed 10–25–05; 8:45 am] procedures prescribed in 5 CFR 1320.12. Falls Hydroelectric Project from the BILLING CODE 6717–01–P On May 6, 2005 (70 FR 24020), EPA Transferor to the Transferee as part of an sought comments on this ICR pursuant internal corporate reorganization. to 5 CFR 1320.8(d). EPA received no k. This filing is available for review at ENVIRONMENTAL PROTECTION the Commission in the Public Reference comments. AGENCY EPA has established a public docket Room or may be viewed on the for this ICR under Docket ID No. OECA– Commission’s Web site at http:// [OECA–2005–0027; FRL–7988–8] 2005–0027, which is available for public www.ferc.gov using the ‘‘FERRIS’’ link. Agency Information Collection viewing at the Enforcement and Enter the docket number (P–7000) in the Activities; Submission for OMB Review docket number field to access the Compliance Docket and Information and Approval; Comment Request; Center in the EPA Docket Center (EPA/ document. For assistance, call toll-free NSPS for Glass Manufacturing Plants 1–866–208–3676 or e-mail DC), EPA West, Room B102, 1301 (Renewal), ICR Number 1131.08, OMB Constitution Ave., NW., Washington, [email protected]. For TTY, Control Number 2060–0054 call (202) 502–8659. A copy is also DC. The EPA Docket Center Public available for inspection and AGENCY: Environmental Protection Reading Room is open from 8:30 a.m. to reproduction at the addresses in item g. Agency (EPA). 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone above. ACTION: Notice. l. Individuals desiring to be included number for the Reading Room is (202) on the Commission’s mailing list should SUMMARY: In compliance with the 566–1744, and the telephone number for so indicate by writing to the Secretary Paperwork Reduction Act, this the Enforcement and Compliance of the Commission. document announces that an Docket and Information Center Docket m. Comments, Protests, or Motions to Information Collection Request (ICR) is: (202) 566–1752. An electronic Intervene: Anyone may submit has been forwarded to the Office of version of the public docket is available comments, a protest, or a motion to Management and Budget (OMB) for through EPA Dockets (EDOCKET) at intervene in accordance with the review and approval. This is a request http://www.epa.gov/edocket. Use requirements of Rules of Practice and to renew an existing approved EDOCKET to submit or view public Procedure, 18 CFR 385.210, .211, .214. collection. This ICR is scheduled to comments, access the index listing of In determining the appropriate action to expire on December 31, 2005. Under the contents of the public docket, and to take, the Commission will consider all OMB regulations, the Agency may access those documents in the public protests or other comments filed, but continue to conduct or sponsor the docket that are available electronically. only those who file a motion to collection of information while this When in the system, select ‘‘search,’’ intervene in accordance with the submission is pending at OMB. This ICR then key in the docket ID number Commission’s Rules may become a describes the nature of the information identified above. party to the proceeding. Any comments, collection and its estimated burden and Any comments related to this ICR protests, or motions to intervene must cost. should be submitted to EPA and OMB be received on or before the specified DATES: Additional comments may be within 30 days of this notice. EPA’s comment date for the particular submitted on or before November 25, policy is that public comments, whether application. 2005. submitted electronically or in paper, n. Filing and Service of Responsive will be made available for public ADDRESSES: Documents: Any filings must bear in all Submit your comments, viewing in EDOCKET as EPA receives capital letters the title ‘‘Comments’’, referencing docket ID number OECA– them and without change, unless the ‘‘Protest’’, or ‘‘Motion to Intervene’’, as 2005–0027, to (1) EPA online using comment contains copyrighted material, applicable, and the Project Number of EDOCKET (our preferred method), by e- Confidential Business Information (CBI), the particular application to which the mail to [email protected], or by mail or other information whose public filing refers. Any of the above-named to: EPA Docket Center, Environmental disclosure is restricted by statute. When documents must be filed by providing Protection Agency, Enforcement and EPA identifies a comment containing the original and eight copies to: The Compliance Docket and Information copyrighted material, EPA will provide Secretary, Federal Energy Regulatory Center, Mail Code 2201T, 1200 a reference to that material in the Commission, 888 First Street, NE., Pennsylvania Ave., NW., Washington, version of the comment that is placed in Washington, DC 20426. A copy of any DC 20460, and (2) OMB at: Office of EDOCKET. The entire printed comment, motion to intervene must also be served Information and Regulatory Affairs, including the copyrighted material, will upon each representative of the Office of Management and Budget be available in the public docket. Applicants specified in the particular (OMB), Attention: Desk Officer for EPA, Although identified as an item in the application. 725 17th Street, NW., Washington, DC official docket, information claimed as o. Agency Comments: Federal, state, 20503. CBI, or whose disclosure is otherwise and local agencies are invited to file FOR FURTHER INFORMATION CONTACT: restricted by statute, is not included in comments on the described application. Learia Williams, Compliance the official public docket, and will not A copy of the application may be Assessment and Media Programs be available for public viewing in obtained by agencies directly from the Division, Office of Compliance, Mail EDOCKET. For further information Applicants. If an agency does not file Code 2223A, Environmental Protection about the electronic docket, see EPA’s comments within the time specified for Agency, 1200 Pennsylvania Ave., NW., Federal Register notice describing the
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electronic docket at 67 FR 38102 (May acquire, install, and utilize technology SUMMARY: In compliance with the 31, 2002), or go to http://www.epa.gov/ and systems for the purposes of Paperwork Reduction Act (44 U.S.C. edocket. collecting, validating, and verifying 3501 et seq.), this document announces Title: NSPS for Glass Manufacturing information, processing and that an Information Collection Request Plants (Renewal). maintaining information, and disclosing (ICR) has been forwarded to the Office Abstract: The New Source and providing information; adjust the of Management and Budget (OMB) for Performance Standards (NSPS) for glass existing ways to comply with any review and approval. This is a request manufacturing plants, were proposed on previously applicable instructions and to renew an existing approved June 15, 1979, and promulgated on requirements; train personnel to be able collection. This ICR is scheduled to October 7, 1980, and amended on to respond to a collection of expire on October 31, 2005. Under OMB October 19, 1984. These standards apply information; search data sources; regulations, the Agency may continue to to any glass manufacturing facility for complete and review the collection of conduct or sponsor the collection of which construction or modification information; and transmit or otherwise information while this submission is commences after June 15, 1979. The disclose the information. pending at OMB. This ICR describes the standards do not apply to hand glass Respondents/Affected Entities: nature of the information collection and melting furnaces, glass melting furnaces Owners or operators of glass its estimated burden and cost. designed to produce less than 4.55 Mg manufacturing plants. DATES: Additional comments may be (5 tons) of glass per day, or all-electric Estimated Number of Respondents: submitted on or before November 25, melters. Experimental furnaces are not 41. 2005. subject to the emission standards at 40 Frequency of Response: On occasion, ADDRESSES: Submit your comments, CFR 60.292. semiannually, and initially. Owners or operators of the affected referencing docket ID number OW– Estimated Total Annual Hour Burden: 2002–0012, to (1) EPA online using facilities described must make initial 803 hours. notifications, conduct and report on a EDOCKET (our preferred method), by e- Estimated Total Annual Costs: mail to [email protected], or performance test, demonstrate and $302,601, which includes $0 annualized report on continuous monitor by mail to: EPA Docket Center, capital/startup costs, $237,800 in annual performance, maintain records of the Environmental Protection Agency, O&M costs, and $64,801 in Respondent occurrence and duration of any startup, Water Docket, Mail Code 4101T, 1200 Labor costs. shutdown, or malfunction in the Pennsylvania Ave., NW., Washington, Changes in the Estimates: There is an operation of an affected facility. DC 20460. increase of 213 burden hours as Semiannual reports are required. These FOR FURTHER INFORMATION CONTACT: compared to the active ICR. The notifications, reports, and records are Sean Conley, Office of Groundwater and increase in burden from the most required, in general, for all sources Drinking Water, (Mail Code 4607M), recently approved ICR is due to the fact subject to NSPS. The recordkeeping and Environmental Protection Agency, 1200 that we are presently accounting for reporting requirements specific to glass Pennsylvania Ave., NW., Washington, manufacturing plants are detailed in the management and clerical person hours DC 20460; telephone number: 202–564– 40 CFR part 60, subpart CC. This per year, which was not accounted for 1781; fax number: 202–564–3767; e-mail information is being collected to assure in the active ICR. There was however, address: [email protected]. For compliance with 40 CFR part 60, a decline of four sources as compared to technical inquiries, contact Carrie subpart CC. the active ICR. This decline was due to Moulton, EPA, Office of Ground Water Any owner or operator subject to the plant closure and the high cost to and Drinking Water, Technical Support provisions of this part shall maintain a retrofit aging facilities, and corporate Center, 26 West Martin Luther King file of these measurements, and retain mergers. Drive (MS–140), Cincinnati, Ohio the file for at least two years following Dated: October 17, 2005. 45268; fax number: (513) 569–7191; e- the date of such measurements, Sara Hisel-McCoy, mail address: [email protected]. maintenance reports, and records. All Acting Director, Collection Strategies SUPPLEMENTARY INFORMATION: EPA has reports are sent to the delegated State or Division. submitted the following ICR to OMB for Local authority. In the event that there [FR Doc. 05–21369 Filed 10–25–05; 8:45 am] review and approval according to the is no such delegated authority, the BILLING CODE 6560–50–P procedures prescribed in 5 CFR 1320.12. reports are sent directly to the EPA On June 3, 2005 (70 FR 32607), EPA Regional Office. sought comments on this ICR pursuant An agencyrespond to, a collection of ENVIRONMENTAL PROTECTION to 5 CFR 1320.8(d). EPA has addressed information unless it displays a AGENCY the comments received. currently valid OMB Control Number. EPA has established a public docket The OMB Control Numbers for EPA’s [OW–2002–0011, FRL–7988–7] for this ICR under Docket ID No. OW– regulations are listed in 40 CFR part 9 2002–0012, which is available for public Agency Information Collection and 48 CFR chapter 15, and are viewing at the Water Docket in the EPA Activities; Submission to OMB for identified on the form and/or Docket Center (EPA/DC), EPA West, Review and Approval; Comment instrument, if applicable. Room B102, 1301 Constitution Ave., Burden Statement: The annual public Request; Laboratory Quality NW., Washington, DC. The EPA Docket reporting and recordkeeping burden for Assurance Evaluation Program for Center Public Reading Room is open this collection of information is Analysis of Cryptosporidium Under the from 8:30 a.m. to 4:30 p.m., Monday estimated to average eight hours per Safe Drinking Water Act, EPA ICR through Friday, excluding legal response. Burden means the total time, Number 2067.03, OMB Control Number holidays. The telephone number for the effort, or financial resources expended 2040–0246 Reading Room is (202) 566–1744, and by persons to generate, maintain, retain, AGENCY: Environmental Protection the telephone number for the Water disclose or provide information to or for Agency. Docket is (202) 566–2426. An electronic a Federal agency. This includes the time version of the public docket is available ACTION: Notice. needed to review instructions; develop, through EPA Dockets (EDOCKET) at
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http://www.epa.gov/edocket. Use spike duplicate test results for existing ways to comply with any EDOCKET to submit or view public Cryptosporidium. previously applicable instructions and comments, access the index listing of After the laboratory submits to EPA requirements; train personnel to be able the contents of the public docket, and to an application package including to respond to a collection of access those documents in the public supporting documentation, EPA and the information; search data sources; docket that are available electronically. laboratory conduct the following steps complete and review the collection of Once in the system, select ‘‘search,’’ to complete the process: information; and transmit or otherwise then key in the docket ID number 1. EPA contacts the laboratory for disclose the information. identified above. follow-up information and to schedule Respondents/Affected Entities: Public Any comments related to this ICR participation in the performance testing and private water testing laboratories. should be submitted to EPA and OMB program. Estimated Number of Respondents: within 30 days of this notice. EPA’s 2. EPA sends initial proficiency 22. policy is that public comments, whether testing samples to the laboratory (unless Frequency of Response: Three times submitted electronically or in paper, the laboratory has already successfully per year. will be made available for public analyzed such samples under EPA’s Estimated Total Annual Hour Burden: viewing in EDOCKET as EPA receives Protozoan PE program). These sample 3,980. them and without change, unless the packets consist of eight spiked samples Estimated Total Annual Cost: comment contains copyrighted material, shipped to the laboratory within a $275,000, includes $109,000 annualized CBI, or other information whose public standard matrix. capital or O&M costs. disclosure is restricted by statute. When 3. The laboratory analyzes initial Changes in the Estimates: There is a EPA identifies a comment containing proficiency testing samples and submits decrease of 367 hours in the total copyrighted material, EPA will provide data to EPA. estimated burden currently identified in 4. EPA conducts an on-site evaluation a reference to that material in the the OMB Inventory of Approved ICR and data audit. version of the comment that is placed in Burdens. This decrease is just an 5. The laboratory analyzes ongoing adjustment to the estimate. EDOCKET. The entire printed comment, proficiency testing samples three times including the copyrighted material, will per year and submits the data to EPA. Dated: October 18, 2005. be available in the public docket. These sample packets consist of three Sara Hisel-McCoy, Although identified as an item in the spiked samples shipped to the Acting Director, Collection Strategies official docket, information claimed as laboratory within a standard matrix. Division. CBI, or whose disclosure is otherwise 6. EPA contacts laboratories by letter [FR Doc. 05–21370 Filed 10–25–05; 8:45 am] restricted by statute, is not included in within 60 days of their laboratory on- BILLING CODE 6560–50–P the official public docket, and will not site evaluation to confirm whether the be available for public viewing in laboratory has demonstrated its capacity EDOCKET. For further information and competency for participation in the ENVIRONMENTAL PROTECTION about the electronic docket, see EPA’s program. AGENCY Federal Register notice describing the The procedure for obtaining an [OAR–2005–0084; FRL–7988–6] electronic docket at 67 FR 38102 (May application package, the criteria for 31, 2002), or go to http://www.epa.gov/ demonstrating capacity and Agency Information Collection edocket. competency, and other guidance to Activities: Submission to OMB for Title: Laboratory Quality Assurance laboratories that are interested in Review and Approval; Comment Evaluation Program for Analysis of participating in the program, are Request; National Emission Standards Cryptosporidium under the Safe provided at http://www.epa.gov/ for Hazardous Air Pollutants From Drinking Water Act. safewater/lt2/cla_final.html. Plating and Polishing Operations, EPA Abstract: Under the Laboratory An agency may not conduct or ICR Number 2186.01 Quality Assurance Evaluation Program, sponsor, and a person is not required to EPA evaluates labs on a case-by-case respond to, a collection of information AGENCY: Environmental Protection basis through evaluating their capacity unless it displays a currently valid OMB Agency. and competency to reliably measure for control number. The OMB control ACTION: Notice. the occurrence of Cryptosporidium in numbers for EPA’s regulations in 40 SUMMARY: surface water using EPA Method 1622 CFR are listed in 40 CFR part 9 and are In compliance with the or EPA Method 1623. To obtain identified on the form and/or Paperwork Reduction Act (44 U.S.C. approval under the program, the instrument, if applicable. 3501 et seq.), this document announces laboratory must submit an application Burden Statement: The annual public that an Information Collection Request package and provide: a demonstration of reporting and recordkeeping burden for (ICR) has been forwarded to the Office availability of qualified personnel and this collection of information is of Management and Budget (OMB) for appropriate instrumentation, equipment estimated to average 19 hours per review and approval. This is a request and supplies; a detailed laboratory response. Burden means the total time, for a new collection. This ICR describes standard operating procedure for each effort, or financial resources expended the nature of the information collection version of the method that the by persons to generate, maintain, retain, and its estimated burden. laboratory will use to conduct the or disclose or provide information to or DATES: Comments must be submitted on Cryptosporidium analyses; a current for a Federal agency. This includes the or before November 25, 2005. copy of the table of contents of their time needed to review instructions; ADDRESSES: Submit your comments, laboratory’s quality assurance plan for develop, acquire, install, and utilize referencing Docket ID number OAR– protozoa analyses; and an initial technology and systems for the purposes 2005–0084, to (1) EPA online using demonstration of capability data for of collecting, validating, and verifying EDOCKET (our preferred method), by e- EPA Method 1622 or EPA Method 1623, information, processing and mail to [email protected], or by which include precision and recovery maintaining information, and disclosing mail to: Environmental Protection test results and matrix spike/matrix and providing information; adjust the Agency, EPA Docket Center (EPA/DC),
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Air and Radiation Docket and copyrighted information, EPA will Burden Statement: The annual public Information Center, Mailcode 6102T, provide a reference to that material in reporting and recordkeeping burden for 1200 Pennsylvania Avenue NW., the version of the comment that is this collection of information is Washington, DC 20460, and (2) OMB at: placed in EDOCKET. The entire printed estimated to average 12.1 hours per Office of Information and Regulatory comment, including the copyrighted response. Burden means the total time, Affairs, Office of Management and material, will be available in the public effort, or financial resources expended Budget (OMB), Attention: Desk Officer docket. Although identified as an item by persons to generate, maintain, retain, for EPA, 725 17th Street, NW., in the official docket, information or disclose or provide information to or Washington, DC 20503. claimed as CBI, or whose disclosure is for a Federal agency. This includes the FOR FURTHER INFORMATION CONTACT: otherwise restricted by statute, is not time needed to review instructions; Donna Lee Jones, Emission Standards included in the official public docket, develop, acquire, install, and utilize Division, Office of Air Quality Planning and will not be available for public technology and systems for the purposes viewing in EDOCKET. For further and Standards, U.S. Environmental of collecting, validating, and verifying information about the electronic docket, Protection Agency (C439–02), Research information, processing and see EPA’s Federal Register notice at 67 Triangle Park, North Carolina, 27711; maintaining information, and disclosing telephone number: (919) 541–5251; fax FR 38102 (May 31, 2002), or go to http://www.epa.gov/edocket. and providing information; adjust the number: (919) 541–3207; e-mail address: existing ways to comply with any [email protected]. Title: National Emission Standards for Hazardous Air Pollutants from Plating previously applicable instructions and SUPPLEMENTARY INFORMATION: The EPA and Polishing Operations. requirements; train personnel to be able has submitted the following ICR to OMB Abstract: The proposed ICR will to respond to a collection of for review and approval according to the collect information and data from 1,208 information; search data sources; procedures prescribed in 5 CFR 1320.12. existing plating and polishing facilities. complete and review the collection of On July 29, 2005 (70 FR 43865), EPA Facilities will be requested to complete information; and transmit or otherwise sought comments on this ICR pursuant a simple paper questionnaire on general disclose the information. to 5 CFR 1320.8(d). EPA received no facility information (location, comments. Respondents/Affected Entities: description, types of processes Entities potentially affected by this The EPA has established a public performed, operating hours, technical action are establishments primarily docket for this ICR under Docket ID contact), HAP emissions and permit engaged in all types of electroplating, number OAR–2005–0084, which is data, permit conditions, emission tests available for public viewing at the Air data, process design and operating data, electroless plating, metal or thermal and Radiation Docket and Information HAP-containing material data, finished spraying, anodizing, coloring, and Center in the EPA Docket Center (EPA/ product types, local ventilation system finishing of metals and formed products DC), EPA West, Room B102, 1301 information, HAP emission control for the trade. Also potentially affected Constitution Avenue, NW., Washington, measures, and pollution prevention by this action are establishments which DC 20460. The EPA Docket Center practices. The questionnaire may be perform these types of activities, on Public Reading Room is open from 8:30 completed from readily available their own account, on purchased metals a.m. to 4:30 p.m., Monday through information; no additional emission or formed products. The standard Friday, excluding legal holidays. The testing or monitoring will be required. industrial classification (SIC) code for telephone number for the Public The EPA will use the collected this industry is primarily 3471, Reading Room is (202) 566–1744, and information and data to evaluate the Electroplating, Plating, Polishing, the telephone number for the Air and need for area source National Emission Anodizing, and Coloring; the North Radiation Docket and Information Standards for Hazardous Air Pollutants American Industry Classification Center is (202) 566–1742. An electronic (NESHAP) required under section System (NAICS) code is 332813, version of the public docket is available 112(k) of the Clean Air Act for the Electroplating, Plating, Polishing, through EPA Dockets (EDOCKET) at Plating and Polishing Area Source Anodizing, and Coloring. http://www.epa.gov/edocket. Use Category. If an area source NESHAP is Estimated Number of Respondents: EDOCKET to obtain a copy of the draft developed, the collected information 1,208. collection of information, submit or will be used to evaluate the types of view public comments, access the index provisions needed to limit HAP Frequency of Response: This is a new listing the contents of the public docket, emissions from plating and polishing collection requiring a one-time and to access those documents in the operations and to estimate the impacts response. public docket that are available of regulatory options. Estimated Total Annual Hour Burden: electronically. Once in the system, The EPA’s authority to collect 5,608 hours. select ‘‘search,’’ then key in the docket information is contained in Section 114 ID number identified above. of the Clean Air Act, (42 U.S.C 7414). Estimated Total Annual Cost: Any comments related to this ICR All information submitted to EPA $366,566, which includes $0 annual should be submitted to EPA within 30 pursuant to this ICR for which a claim capital/startup costs, $0 annual O&M days of this notice. The EPA’s policy is of confidentiality is made is safeguarded costs, and $366,566 annual labor costs. that public comments, whether according to Agency policies in 40 CFR Changes in the Estimates: This section submitted electronically or on paper, part 2, subpart B. An agency may not does not apply since this is a new will be made available for public conduct or sponsor, and a person is not collection. viewing in EDOCKET as EPA receives required to respond to, a collection of Dated: October 18, 2005. them and without change, unless the information unless it displays a comment contains copyrighted material, currently valid OMB control number. Sara Hisel-McCoy, confidential business information (CBI), The OMB control numbers for EPA’s Acting Director, Collection Strategies or other information whose public regulations in 40 CFR are listed in 40 Division. disclosure is restricted by statute. When CFR part 9 and are identified on the [FR Doc. 05–21371 Filed 10–25–05; 8:45 am] EPA identifies a comment containing form and/or instrument, if applicable. BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION from 8:30 a.m. to 4:30 p.m., Monday This data collection is motivated by AGENCY through Friday, excluding legal the current stormwater related problems holidays. The telephone number for the within the United States in general, and [ORD–2005–0003; FRL–7988–9] Reading Room is (202) 566–1744, and in the greater Cincinnati metropolitan Agency Information Collection the telephone number for the ORD area in particular. Urban and suburban Activities; Submission to OMB for Docket is (202) 566–1752. An electronic development changes the natural Review and Approval; Comment version of the public docket is available landscape making it more impervious to Request; Market-Based Stormwater through EPA Dockets (EDOCKET) at rain and snow. The resulting stormwater Management in the Shepherd Creek http://www.epa.gov/edocket. Use runoff is one of the most significant Watershed in Cincinnati, OH, EPA ICR EDOCKET to submit or view public contributors to water quality Number 2178.01 comments, access the index listing of degradation in the United States the contents of the public docket, and to through larger and more frequent floods, AGENCY: Environmental Protection access those documents in the public increased erosion of stream beds and Agency (EPA). docket that are available electronically. banks, disruption of natural habitat in ACTION: Notice. Once in the system, select ‘‘search,’’ receiving waters, and increased then key in the docket ID number pollution loadings of metals, toxics, and SUMMARY: In compliance with the identified above. nutrients. Precipitation falls over large Paperwork Reduction Act (44 U.S.C. Any comments related to this ICR geographic areas, and the resulting 3501 et seq.), this document announces should be submitted to EPA and OMB runoff will flow across a myriad of that an Information Collection Request within 30 days of this notice. EPA’s parcels with varying land uses, which (ICR) has been forwarded to the Office policy is that public comments, whether are, in turn, under the control of of Management and Budget (OMB) for submitted electronically or in paper, numerous property owners. Perhaps in review and approval. This is a request will be made available for public reaction to these conditions, stormwater for a new collection. This ICR describes viewing in EDOCKET as EPA receives control policies have concentrated on the nature of the information collection them and without change, unless the solutions that build centralized capacity and its estimated burden and cost. comment contains copyrighted material, to direct and hold excess runoff within DATES: Additional comments may be CBI, or other information whose public the storm sewer system. An alternative submitted on or before November 25, disclosure is restricted by statute. When approach to stormwater control would 2005. EPA identifies a comment containing be to develop a decentralized approach copyrighted material, EPA will provide that disperses runoff detention ADDRESSES: Submit your comments, a reference to that material in the throughout the watershed, thus referencing docket ID number ORD– version of the comment that is placed in reducing runoff before it reaches the 2005–0003, to (1) EPA online using EDOCKET. The entire printed comment, sewer system. This approach promises EDOCKET (our preferred method), by e- including the copyrighted material, will both hydrological benefits of reducing mail to [email protected], or by mail be available in the public docket. the in-stream damages that will to: EPA Docket Center, Environmental Although identified as an item in the continue to occur in a centralized Protection Agency, ORD Docket, Mail official docket, information claimed as system, as well as potential cost-savings Code 28221T, 1200 Pennsylvania Ave., CBI, or whose disclosure is otherwise in terms of meeting environmental NW., Washington, DC 20460, and (2) restricted by statute, is not included in quality standards. OMB at: Office of Information and the official public docket, and will not Although the installation, operation, Regulatory Affairs, Office of be available for public viewing in and maintenance costs for best Management and Budget (OMB), EDOCKET. For further information management practices are relatively Attention: Desk Officer for EPA, 725 about the electronic docket, see EPA’s well known, these are only a portion of 17th Street, NW., Washington, DC Federal Register notice describing the the total costs of adoption. The 20503. electronic docket at 67 FR 38102 (May opportunity costs (e.g.: the costs of FOR FURTHER INFORMATION CONTACT: Hale 31, 2002), or go to http://www.epa.gov/ partial loss of use of property) W. Thurston, ORD, NRMRL, Mail Code edocket. associated with BMP adoption are 499, 26 W. Martin Luther King Jr. Drive, Title: Market-based Stormwater privately held by individual Cincinnati, OH, 45268; telephone Management in the Shepherd Creek landowners, and can potentially number: 513.569.7627; fax number: Watershed in Cincinnati, Ohio. comprise the largest share of total 513.487.2511; e-mail address: Abstract: The Sustainable Technology abatement adoption costs. To better [email protected]. Division (STD) of the National Risk understand the economic potential of a Management Research Laboratory voluntary and decentralized runoff SUPPLEMENTARY INFORMATION: EPA has (NRMRL) in the Office of Research and control program, it is necessary to assess submitted the following ICR to OMB for Development (ORD) of the U.S. the opportunity costs associated with review and approval according to the Environmental Protection Agency (EPA) best management practice adoption. The procedures prescribed in 5 CFR 1320.12. is proposing to conduct a survey of proposed survey provides a means of On Wednesday, July 13, 2005 (70 FR individual property owners in the gathering this information. It also asks 40329), EPA sought comments on this Shepherd Creek watershed in 10–12 non-invasive demographic ICR pursuant to 5 CFR 1320.8(d). EPA Cincinnati, OH. The survey will elicit questions. received no comments. how residents value the voluntary The survey will be conducted using EPA has established a public docket adoption of on-site best management six (6) groups of ten (10) residential for this ICR under Docket ID No. ORD– practices as part of a comprehensive landowners from the Shepherd Creek 2005–0003, which is available for public stormwater runoff control policy. The watershed. Participation will be viewing at the ORD Docket in the EPA focus will be on estimating the completely voluntary. Residents who Docket Center (EPA/DC), EPA West, minimum payment required to induce wish to participate in the study will be Room B102, 1301 Constitution Ave., individual landowners to devote a identified and recruited through a NW., Washington, DC. The EPA Docket portion of their property to runoff liaison from the Hamilton County Soil Center Public Reading Room is open reducing best management practices. and Water Conservation District, who is
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familiar with the community. The Estimated Number of Respondents: SUPPLEMENTARY INFORMATION: EPA has survey will be conducted using a 60. submitted the following ICR to OMB for computer simulated nonuniform-price, Frequency of Response: On Occasion. review and approval according to the sequential auction for the procurement Estimated Total Annual Hour Burden: procedures prescribed in 5 CFR 1320.12. of best management practices. 120. On March 17, 2005 (70 FR 13025), EPA Participants will be presented with a Estimated Total Annual Cost: $3,000, sought comments on this ICR pursuant selection of best management practices includes $0 annualized capital or O&M to 5 CFR 1320.8(d). EPA has addressed that are feasible for use on their actual costs. the comments received in the parcel. Information regarding how each Dated: October 19, 2005. supporting statement of this ICR. EPA has established a public docket BMP will perform on their specific Sara Hisel McCoy, parcel, as well as the installation, for this ICR under Docket ID No. OW– Acting Director, Collection Strategies 2004–0038, which is available for public operation, and maintenance costs will Division. be provided. The auction is designed to viewing at the Water Docket in the EPA [FR Doc. 05–21373 Filed 10–25–05; 8:45 am] compensate residents for their costs of Docket Center (EPA/DC), EPA West, adopting best management practices on BILLING CODE 6560–50–P Room B102, 1301 Constitution Ave., their property. Participants who wish to NW., Washington, DC. The EPA Docket adopt BMPs will submit bids that Center Public Reading Room is open ENVIRONMENTAL PROTECTION from 8:30 a.m. to 4:30 p.m., Monday consist of the size and type of the BMPs AGENCY and the minimum compensation that through Friday, excluding legal they require. The goal is to pay those [OW–2004–0038; FRL–7989–1] holidays. The telephone number for the landowners who adopt the most Reading Room is (202) 566–1744, and effective best management practices at Agency Information Collection the telephone number for the Water the lowest price. Survey results will Activities; Submission to OMB for Docket is (202) 566–2426. An electronic then be used to estimate the minimum Review and Approval; Comment version of the public docket is available payments required to achieve control Request; Survey of Airport Deicing through EPA Dockets (EDOCKET) at stormwater runoff through on-site best Operations, EPA ICR Number 2171.01 http://www.epa.gov/edocket. Use management practices. Data will be EDOCKET to submit or view public AGENCY: Environmental Protection comments, access the index listing of stored on U.S. Environmental Protection Agency (EPA). Agency computer files that protect the contents of the public docket, and to ACTION: Notice. respondent confidentiality. Summary access those documents in the public docket that are available electronically. results will be made available to the SUMMARY: In compliance with the public. Once in the system, select ‘‘search,’’ Paperwork Reduction Act (44 U.S.C. then key in the docket ID number An agency may not conduct or 3501 et seq.), this document announces identified above. sponsor, and a person is not required to that an Information Collection Request Any comments related to this ICR respond to, a collection of information (ICR) has been forwarded to the Office should be submitted to EPA and OMB unless it displays a currently valid OMB of Management and Budget (OMB) for within 30 days of this notice. EPA’s control number. The OMB control review and approval. This is a request policy is that public comments, whether numbers for EPA’s regulations in 40 for a new collection. This ICR describes submitted electronically or in paper, CFR are listed in 40 CFR part 9 and are the nature of the information collection will be made available for public identified on the form and/or and its estimated burden and cost. viewing in EDOCKET as EPA receives instrument, if applicable. DATES: Additional comments may be them and without change, unless the Burden Statement: The annual public submitted on or before November 25, comment contains copyrighted material, reporting and recordkeeping burden for 2005. CBI, or other information whose public this collection of information is ADDRESSES: Submit your comments, disclosure is restricted by statute. When estimated to average 2 hours per EPA identifies a comment containing response. Burden means the total time, referencing docket ID number OW– 2004–0038, to (1) EPA online using E- copyrighted material, EPA will provide effort, or financial resources expended a reference to that material in the by persons to generate, maintain, retain, Docket (our preferred method), by e- mail to [email protected], or by mail version of the comment that is placed in or disclose or provide information to or EDOCKET. The entire printed comment, for a Federal agency. This includes the to: EPA Docket Center, Environmental Protection Agency, Water Docket, EPA including the copyrighted material, will time needed to review instructions; be available in the public docket. develop, acquire, install, and utilize West, 4101T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and (2) Although identified as an item in the technology and systems for the purposes official docket, information claimed as of collecting, validating, and verifying OMB at: Office of Information and Regulatory Affairs, Office of CBI, or whose disclosure is otherwise information, processing and restricted by statute, is not included in maintaining information, and disclosing Management and Budget (OMB), Attention: Desk Officer for EPA, 725 the official public docket, and will not and providing information; adjust the be available for public viewing in existing ways to comply with any 17th Street, NW., Washington, DC 20503. EDOCKET. For further information previously applicable instructions and about the electronic docket, see EPA’s requirements; train personnel to be able FOR FURTHER INFORMATION CONTACT: Eric Federal Register notice describing the to respond to a collection of Strassler, Engineering & Analysis electronic docket at 67 FR 38102 (May information; search data sources; Division, Office of Water, Mail Code 31, 2002), or go to http://www.epa.gov/ complete and review the collection of 4303T, Environmental Protection edocket. information; and transmit or otherwise Agency, 1200 Pennsylvania Ave., NW., Title: Survey of Airport Deicing disclose the information. Washington, DC 20460; telephone Operations. Respondents/Affected Entities: number: (202) 566–1026; fax number: Abstract: EPA is developing Homeowners in the Shepherd Creek (202) 566–1053; e-mail address: wastewater discharge standards, called Area of Cincinnati, OH. [email protected]. ‘‘effluent guidelines,’’ for airports
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pursuant to the Agency’s 2004 Effluent Respondents/Affected Entities: days of the date the comment period on Guidelines Plan (69 FR 53719, Airports and airlines that perform the proposed amendments closes, EPA September 2, 2004). The focus of the deicing and anti-icing on aircraft and/or will take final action on the proposed 18 rulemaking is on wastewater discharges airfield pavement. month compliance extension; and from aircraft and airport pavement Estimated Number of Respondents: Within 150 days of the date the deicing operations. EPA will send 290. comment period on the proposed survey questionnaires to a sample of Frequency of Response: One time amendments closes, EPA will sign a airports and airlines to help the Agency response. notice of final rulemaking. compile a national assessment of Estimated Total Annual Hour Burden: DATES: Written comments on the deicing operations. Three 20,851 hours. proposed settlement agreement must be questionnaires will be used: A detailed Estimated Total Annual Cost: received by November 25, 2005. airport questionnaire, a short ‘‘screener’’ $871,998, includes $0 annualized ADDRESSES: Submit your comments, airline questionnaire, and a detailed capital expenditure and $8,134 identified by docket ID number OGC– airline questionnaire. The detailed Respondent O&M costs. 2005–0015, online at http:// questionnaires will include questions Dated: October 19, 2005. www.epa.gov/edocket (EPA’s preferred on the deicing technologies employed, Sara Hisel-McCoy, method); by e-mail to amount of deicing chemicals used, Acting Director, Collection Strategies [email protected]; mailed to EPA pollution prevention techniques, and Division. Docket Center, Environmental economic and financial information. [FR Doc. 05–21374 Filed 10–25–05; 8:45 am] Protection Agency, Mailcode: 2822T, The airline screener will ask airlines 1200 Pennsylvania Ave., NW., BILLING CODE 6560–50–P whether they deice their own aircraft at Washington, DC 20460–0001; or by specified locations, or if another party hand delivery or courier to EPA Docket conducts the deicing operation. EPA ENVIRONMENTAL PROTECTION Center, EPA West, Room B102, 1301 will use the screener results to select AGENCY Constitution Ave., NW., Washington, airline locations for responding to the DC, between 8:30 a.m. and 4:30 p.m. detailed airline questionnaire. [FRL–7988–4] Monday through Friday, excluding legal Completion of this one-time survey will holidays. Comments on a disk or CD– Proposed Settlement Agreement, be mandatory pursuant to section 308 of ROM should be formatted in Clean Air Act Citizen Suit the Clean Water Act. Wordperfect or ASCII file, avoiding the An agency may not conduct or AGENCY: Environmental Protection use of special characters and any form sponsor, and a person is not required to Agency (EPA). of encryption, and may be mailed to the respond to, a collection of information ACTION: Notice of proposed settlement mailing address above. unless it displays a currently valid OMB agreement; request for public comment. FOR FURTHER INFORMATION CONTACT: control number. The OMB control Elliott Zenick, Air and Radiation Law numbers for EPA’s regulations in 40 SUMMARY: In accordance with section Office (2344A), Office of General CFR are listed in 40 CFR part 9 and are 113(g) of the Clean Air Act, as amended Counsel, U.S. Environmental Protection identified on the form and/or (‘‘Act’’), 42 U.S.C. 7413(g), notice is Agency, 1200 Pennsylvania Ave., NW., instrument, if applicable. hereby given of a proposed settlement Washington, DC 20460, telephone: (202) Burden Statement: The annual public agreement, to address petitions for 564–1822. reporting and recordkeeping burden for review filed by American Chemistry SUPPLEMENTARY INFORMATION: this collection of information is Council (‘‘ACC’’), Eastman Chemical estimated to average 62 hours for airport Company, Clariant LSM (America), Inc., I. Additional Information About the questionnaire respondents, 21 hours for Rohm and Haas Company, General Proposed Settlement airline detailed questionnaire Electric Company, Lyondell Chemical This case concerns challenges to the respondents, and 5.5 hours for airline Company and the Coke Oven rule entitled ‘‘National Emission screener respondents to complete and Environmental Task Force (collectively Standards for Hazardous Air Pollutants: review their responses to the ‘‘petitioners’’). ACC et al. v. EPA Nos. Miscellaneous Organic Chemical questionnaire and associated data 04–1004 (and consolidated cases 04– Manufacturing; Final Rule’’ (‘‘MON’’). submissions. Burden means the total 1005, 04–1008, 04–1009, 04–1010, 04– 68 FR 63852 (November 10, 2003). time, effort, or financial resources 1012, and 04–1013) (D.C. Cir.). In These standards are based on the expended by persons to generate, January 2003, petitioners filed petitions performance of Maximum Achievable maintain, retain, or disclose or provide for review challenging the final EPA Control Technology (MACT), and information to or for a Federal agency. rule entitled ‘‘National Emission implement section 112(d) of the Clean This includes the time needed to review Standards for Hazardous Air Pollutants: Air Act. Under the terms of the instructions; develop, acquire, install, Miscellaneous Organic Chemical proposed settlement agreement, EPA and utilize technology and systems for Manufacturing; Final Rule’’ (‘‘MON’’). has agreed that: (1) On or before the purposes of collecting, validating, 68 FR 63852 (November 10, 2003). November 30, 2005, the EPA and verifying information, processing Under the terms of the proposed Administrator will sign a notice of and maintaining information, and settlement agreement, EPA has agreed proposed rulemaking to amend the disclosing and providing information; that: On or before November 30, 2005, MON as provided in Attachment A to adjust the existing ways to comply with the EPA Administrator will sign a notice the Settlement Agreement; (2) As part of any previously applicable instructions of proposed rulemaking to amend the the proposed amendments to the MON, and requirements; train personnel to be MON as provided in Attachment A to EPA will include language in the able to respond to a collection of the Settlement Agreement; As part of preamble as provided in Attachment B information; search data sources; the proposed amendments to the MON, to the Settlement Agreement; (3) Within complete and review the collection of EPA will include language in the 30 days of the date the comment period information; and transmit or otherwise preamble as provided in Attachment B on the proposed amendments closes, disclose the information. to the Settlement Agreement; Within 30 EPA will take final action on the
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proposed 18 month compliance It is important to note that EPA’s docket, EPA’s electronic mail (e-mail) extension; and (4) Within 150 days of policy is that public comments, whether system is not an ‘‘anonymous access’’ the date the comment period on the submitted electronically or on paper, system. If you send an e-mail comment proposed amendments closes, EPA will will be made available for public directly to the Docket without going sign a notice of final rulemaking. viewing in EPA’s electronic public through EPA’s electronic public docket, Petitioners have agreed to dismiss docket as EPA receives them and your e-mail address is automatically their petitions for review if EPA takes without change, unless the comment captured and included as part of the final action amending the MON in a contains copyrighted material, CBI, or comment that is placed in the official manner substantially the same as the other information whose disclosure is public docket, and made available in amendments set forth in Attachment A restricted by statute. Information EPA’s electronic public docket. and not substantially inconsistent with claimed as CBI and other information Dated: October 19, 2005. the language in Attachment B. whose disclosure is restricted by statute Brenda Mallory, For a period of thirty (30) days is not included in the official public following the date of publication of this docket or in EPA’s electronic public Acting Principal Deputy General Counsel, Office of General Counsel. notice, the Agency will receive written docket. EPA’s policy is that copyrighted comments relating to the proposed material, including copyrighted material [FR Doc. 05–21368 Filed 10–25–05; 8:45 am] settlement agreement from persons who contained in a public comment, will not BILLING CODE 6560–50–P were not named as parties or interveners be placed in EPA’s electronic public to the litigation in question. EPA or the docket but will be available only in ENVIRONMENTAL PROTECTION Department of Justice may withdraw or printed, paper form in the official public AGENCY withhold consent to the proposed docket. Although not all docket settlement agreement if the comments materials may be available [OPP–2005–0257; FRL–7742–5] disclose facts or considerations that electronically, you may still access any indicate that such consent is of the publicly available docket Versar, Inc. and EnDyna, BR Stern and inappropriate, improper, inadequate, or materials through the EPA Docket Associates, Menzie-Cura and inconsistent with the requirements of Center. Associates, and Tetrahedon, Inc.; Transfer of Data the Act. Unless EPA or the Department B. How and To Whom Do I Submit of Justice determine, based on any Comments? AGENCY: Environmental Protection comment which may be submitted, that Agency (EPA). consent to the settlement agreement You may submit comments as ACTION: Notice. should be withdrawn, the terms of the provided in the ADDRESSES section. Please ensure that your comments are agreement will be affirmed. SUMMARY: This notice announces that submitted within the specified comment pesticide related information submitted II. Additional Information About period. Comments received after the to EPA’s Office of Pesticide Programs Commenting on the Proposed close of the comment period will be (OPP) pursuant to the Federal Settlement marked ‘‘late.’’ EPA is not required to Insecticide, Fungicide, and Rodenticide A. How Can I Get a Copy of the consider these late comments. If you submit an electronic comment, Act (FIFRA) and the Federal Food, Drug, Settlement? EPA recommends that you include your and Cosmetic Act (FFDCA), including EPA has established an official public name, mailing address, and an e-mail information that may have been claimed docket for this action under Docket ID address or other contact information in as Confidential Business Information No. OGC–2005–0015 which contains a the body of your comment and with any (CBI) by the submitter, will be tranferred copy of the settlement. The official disk or CD ROM you submit. This to Versar, Inc. and its subcontractors, public docket is available for public ensures that you can be identified as the EnDyna, BR Stern and Associates, viewing at the Office of Environmental submitter of the comment and allows Menzie-Cura and Associates, and Information (OEI) Docket in the EPA EPA to contact you in case EPA cannot Tetrahedon, Inc., in accordance with 40 Docket Center, EPA West, Room B102, read your comment due to technical CFR 2.307(h)(3) and 2.308(i)(2). Versar, 1301 Constitution Ave., NW., difficulties or needs further information Inc. and its subcontractors, EnDyna, BR Washington, DC. The EPA Docket on the substance of your comment. Any Stern and Associates, Menzie-Cura and Center Public Reading Room is open identifying or contact information Associates, and Tetrahedon, Inc., have from 8:30 a.m. to 4:30 p.m., Monday provided in the body of a comment will been awarded a contract to perform through Friday, excluding legal be included as part of the comment that work for OPP, and access to this holidays. The telephone number for the is placed in the official public docket, information will enable Versar, Inc. and Public Reading Room is (202) 566–1744, and made available in EPA’s electronic its subcontractors, EnDyna, BR Stern and the telephone number for the OEI public docket. If EPA cannot read your and Associates, Menzie-Cura and Docket is (202) 566–1752. comment due to technical difficulties Associates, and Tetrahedon, Inc., to An electronic version of the public and cannot contact you for clarification, fulfill the obligations of the contract. docket is available through EPA’s EPA may not be able to consider your DATES: Versar, Inc. and its electronic public docket and comment comment. subcontractors, EnDyna, BR Stern and system, EPA Dockets. You may use EPA Your use of EPA’s electronic public Associates, Menzie-Cura and Associates, Dockets at http://www.epa.gov/edocket/ docket to submit comments to EPA and Tetrahedon, Inc., will be given to submit or view public comments, electronically is EPA’s preferred method access to this information on or before access the index listing of the contents for receiving comments. The electronic October 31, 2005. of the official public docket, and to public docket system is an ‘‘anonymous FOR FURTHER INFORMATION CONTACT: access those documents in the public access’’ system, which means EPA will Felicia Croom, Information Technology docket that are available electronically. not know your identity, e-mail address, and Resources Management Division Once in the system, select ‘‘search,’’ or other contact information unless you (7502C), Office of Pesticide Programs, then key in the appropriate docket provide it in the body of your comment. Environmental Protection Agency, 1200 identification number. In contrast to EPA’s electronic public Pennsylvania Ave., NW., Washington,
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DC 20460–0001; telephone number: EnDyna, BR Stern and Associates, connection with this contract will be (703) 305–0786. Menzie-Cura and Associates, and returned to EPA when Versar, Inc. and SUPPLEMENTARY INFORMATION: Tetrahedon, Inc., will perform exposure its subcontractors, EnDyna, BR Stern assessments and relevant information and Associates, Menzie-Cura and I. General Information necessary for EPA to fulfill the Associates, and Tetrahedon, Inc., have A. Does this Action Apply to Me? requirements of the Pesticide completed their work. Registration Improvement Act (PRIA), This action applies to the public in FIFRA, Food Quality Protection Act List of Subjects general. As such, the Agency has not (FQPA), FFDCA, the Pollution Environmental protection, Business attempted to describe all the specific Prevention Act, and any other Executive and industry, Government contracts, entities that may be affected by this Order or legislative requirement. These Government property, Security action. If you have any questions objectives shall be obtained by measures. regarding the applicability of this action providing technical support for to a particular entity, consult the person October 17, 2005. registration and reregistration activities Robert Forrest, listed under FOR FURTHER INFORMATION relating to occupational and residential CONTACT. Director, Information Technology and exposure and risk assessments. Resources Management Division, Office of B. How Can I Get Copies of this OPP has determined that access by Pesticide Programs. Document and Other Related Versar, Inc. and its subcontractors, [FR Doc. 05–21269 Filed 10–25–05; 8:45 am] Information? EnDyna, BR Stern and Associates, Menzie-Cura and Associates, and BILLING CODE 6560–50–S 1. Docket. EPA has established an Tetrahedon, Inc., to information on all official public docket for this action presticide chemicals is necessary for the under docket identification (ID) number performance of this contract. ENVIRONMENTAL PROTECTION OPP–2005–0257. The official public Some of this information may be AGENCY docket consists of the documents entitled to confidential treatment. The [OPP–2004–0370; FRL–7737–7] specifically referenced in this action, information has been submitted to EPA any public comments received, and under sections 3, 4, 6, and 7 of FIFRA Endothall Reregistration Eligibility other information related to this action. and under sections 408 and 409 of Decision; Notice of Availability Although a part of the official docket, FFDCA. the public docket does not include In accordance with the requirements AGENCY: Environmental Protection Confidential Business Information (CBI) of 40 CFR 2.307(h)(2), the contract with Agency (EPA). or other information whose disclosure is Versar, Inc. and its subcontractors, ACTION: Notice. restricted by statute. The official public EnDyna, BR Stern and Associates, docket is the collection of materials that Menzie-Cura and Associates, and SUMMARY: This notice announces the is available for public viewing at the Tetrahedon, Inc., prohibits use of the availability of EPA’s Reregistration Public Information and Records information for any purpose not Eligibility Decision (RED) for the Integrity Branch (PIRIB), Rm. 119, specified in the contract, prohibits pesticide endothall. The Agency’s risk Crystal Mall #2, 1801 S. Bell St., disclosure of the information to a third assessments and other related Arlington, VA. This docket facility is party without prior written approval documents also are available in the open from 8:30 a.m. to 4 p.m., Monday from the Agency, and requires that each endothall Docket. Endothall is used as through Friday, excluding legal official and employee of the contractor an aquatic herbicide to control holidays. The docket telephone number sign an agreement to protect the submerged aquatic vegetation and algae is (703) 305–5805. information from unauthorized release in lakes, ponds, and irrigation canals 2. Electronic access. You may access and to handle it in accordance with the and is used as a desiccant on cotton, this Federal Register document FIFRA Information Security Manual. In hops, potatoes, and seed production for electronically through the EPA Internet addition, Versar, Inc. and its alfalfa and clover. Endothall is also used under the ‘‘Federal Register’’ listings at subcontractors, EnDyna, BR Stern and as a biocide to control mollusks in http://www.epa.gov/fedrgstr/. Associates, Menzie-Cura and Associates, cooling towers/systems. Endothall is An electronic version of the public and Tetrahedon, Inc., are required to applied as either a dipotassium salt or docket is available through EPA’s submit for EPA approval a security plan an N, N-dimethylalkylamine salt. The electronic public docket and comment under which any CBI will be secured endothall acid is not directly applied to system, EPA Dockets. You may use EPA and protected against unauthorized use sites; it is formed as a break-down Dockets at http://www.epa.gov/edocket/ release or compromise. No information product resulting from application of to submit or view public comments, will be provided to Versar, Inc. and its the salt forms. The amine salt is the only access the index listing of the contents subcontractors, EnDyna, BR Stern and form applied terrestrially, while both of the official public docket, and to Associates, Menzie-Cura and Associates, the dipotassium and amine salt are access those documents in the public and Tetrahedon, Inc., until the applied to aquatic use sites. EPA has docket that are available electronically. requirements in this document have reviewed endothall through the public Although not all docket materials may been fully satisfied. Records of participation process that the Agency be available electronically, you may still information provided to Versar, Inc. and uses to involve the public in developing access any of the publicly available its subcontractors, EnDyna, BR Stern pesticide reregistration and tolerance docket materials through the docket and Associates, Menzie-Cura and reassessment decisions. Through these facility identified in Unit I.B.1. Once in Associates, and Tetrahedon, Inc., will be programs, EPA is ensuring that all the system, select ‘‘search,’’ then key in maintained by EPA project officers for pesticides meet current health and the appropriate docket ID number. this contract. All information supplied safety standards. to Versar, Inc. and its subcontractors, FOR FURTHER INFORMATION CONTACT: II. Contractor Requirements EnDyna, BR Stern and Associates, Anne Overstreet, Special Review and Under Contract No. EP–W–05057, Menzie-Cura and Associates, and Reregistration Division (7508C), Office Versar, Inc. and its subcontractors, Tetrahedon, Inc., by EPA for use in of Pesticide Programs, Environmental
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Protection Agency, 1200 Pennsylvania then key in the appropriate docket ID under section 4(g)(2)(B) and any Ave., NW., Washington, DC 20460– number. necessary changes to the registration 0001; telephone number: (703) 308– Certain types of information will not and labeling (either to address concerns 8068; fax number: (703) 308–8005; e- be placed in the EPA Dockets. identified in the RED or as a result of mail address: [email protected]. Information claimed as CBI and other product-specific data), EPA will make a SUPPLEMENTARY INFORMATION: information whose disclosure is final reregistration decision under restricted by statute, which is not section 4(g)(2)(C) for products I. General Information included in the official public docket, containing endothall. A. Does this Action Apply to Me? will not be available for public viewing EPA must review tolerances and in EPA’s electronic public docket. EPA’s tolerance exemptions that were in effect This action is directed to the public policy is that copyrighted material will when the Food Quality Protection Act in general, and may be of interest to a not be placed in EPA’s electronic public (FQPA) was enacted in August 1996, to wide range of stakeholders including docket but will be available only in ensure that these existing pesticide environmental, human health, and printed, paper form in the official public residue limits for food and feed agricultural advocates; the chemical docket. To the extent feasible, publicly commodities meet the safety standard industry; pesticide users; and members available docket materials will be made established by the new law. Tolerances of the public interested in the sale, available in EPA’s electronic public are considered reassessed once the distribution, or use of pesticides. Since docket. When a document is selected safety finding has been made or a others may also be interested, the from the index list in EPA Dockets, the revocation occurs. EPA has reviewed Agency has not attempted to describe all system will identify whether the and made the requisite safety finding for the specific entities that may be affected document is available for viewing in the endothall tolerances included in this by this action. If you have any questions EPA’s electronic public docket. notice. regarding the applicability of this action Although, not all docket materials may EPA is applying the principles of to a particular entity, consult the person be available electronically, you may still public participation to all pesticides FOR FURTHER INFORMATION listed under access any of the publicly available undergoing reregistration and tolerance CONTACT. docket materials through the docket reassessment. The Agency’s Pesticide B. How Can I Get Copies of this facility identified in Unit I.B.1. EPA Tolerance Reassessment and Document and Other Related intends to work towards providing Reregistration; Public Participation Information? electronic access to all of the publicly Process, published in the Federal Register on May 14, 2004 (69 FR 26819) 1. Docket. EPA has established an available docket materials through EPA’s electronic public docket. (FRL–7357–9), explains that in official public docket for this action conducting these programs, EPA is under docket identification (ID) number II. Background tailoring its public participation process OPP–2005–0370. The official public A. What Action is the Agency Taking? to be commensurate with the level of docket consists of the documents risk, extent of use, complexity of issues, specifically referenced in this action, Under section 4 of the Federal and degree of public concern associated any public comments received, and Insecticide, Fungicide, and Rodenticide with each pesticide. Due to its uses, other information related to this action. Act (FIFRA), EPA is reevaluating risks, and other factors, endothall was Although, a part of the official docket, existing pesticides to ensure that they reviewed through the modified 4-Phase the public docket does not include meet current scientific and regulatory process. Through this process, EPA Confidential Business Information (CBI) standards. EPA has completed a worked extensively with stakeholders or other information whose disclosure is Reregistration Eligibility Decision (RED) and the public to reach the regulatory restricted by statute. The official public for the pesticide, endothall under decisions for endothall. docket is the collection of materials that section 4(g)(2)(A) of FIFRA. Endothall is The reregistration program is being is available for public viewing at the a dicarboxylic acid used as an aquatic conducted under Congressionally Public Information and Records herbicide to control submerged aquatic mandated time frames, and EPA Integrity Branch (PIRIB), Rm. 119, vegetation and algae in lakes, ponds, recognizes the need both to make timely Crystal Mall #2, 1801 S. Bell St., and irrigation canals and is used as a decisions and to involve the public. The Arlington, VA. This docket facility is desiccant on cotton, hops, potatoes, and Agency is not holding a comment open from 8:30 a.m. to 4 p.m., Monday seed production for alfalfa and clover. period for the endothall RED because all through Friday, excluding legal Endothall is also used as a biocide to issues related to this pesticide were holidays. The docket telephone number control mollusks in cooling towers/ resolved through consultations with is (703) 305–5805. systems. Endothall is applied as either stakeholders. 2. Electronic access.. You may access a dipotassium salt or an N, N- this Federal Register document dimethylalkylamine salt. The endothall B. What is the Agency’s Authority for electronically through the EPA Internet acid is not directly applied to use sites, Taking this Action? under the ‘‘Federal Register’’ listings at it is formed as a break-down product Section 4(g)(2) of FIFRA as amended http://www.epa.gov/fedrgstr/. resulting from application of the salt directs that, after submission of all data An electronic version of the public forms. The amine salt is the only form concerning a pesticide active ingredient, docket is available through EPA’s applied terrestrially, while both the ‘‘the Administrator shall determine electronic public docket and comment dipotassium and anime salt are applied whether pesticides containing such system, EPA Dockets. You may use EPA to aquatic use sites. EPA has determined active ingredient are eligible for Dockets at http://www.epa.gov/edocket/ that the data base to support reregistration,’’ before calling in to submit or view public comments, reregistration is substantially complete product-specific data on individual end- access the index listing of the contents and that products containing endothall use products and either reregistering of the official public docket, and to are eligible for reregistration, provided products or taking other ‘‘appropriate access those documents in the public the risks are mitigated in the manner regulatory action.’’ docket that are available electronically. described in the RED. Upon submission Section 408(q) of the Federal Food, Once in the system, select ‘‘search,’’ of any required product-specific data Drug, and Cosmetic Act (FFDCA), 21
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U.S.C. 346a(q), requires EPA to review I. General Information II. Background tolerances and exemptions for pesticide A. Does this Action Apply to Me? A. What Action is the Agency Taking? residues in effect as of August 2, 1996, to determine whether the tolerance or This action is directed to the public Under section 4 of the Federal exemption meets the requirements of in general, and may be of interest to a Insecticide, Fungicide, and Rodenticide section 408(b)(2) or (c)(2) of FFDCA. wide range of stakeholders including Act (FIFRA), EPA is reevaluating This review is to be completed by environmental, human health, and existing pesticides to ensure that they August 3, 2006. agricultural advocates; the chemical meet current scientific and regulatory industry; pesticide users; and members standards. EPA has completed an IRED List of Subjects of the public interested in the sale, for the organophosphate pesticide, ODM Environmental protection, Pesticides distribution, or use of pesticides. Since under section 4(g)(2)(A) of FIFRA. ODM and pests. others also may be interested, the is a systemic, organophosphate insecticide/acaricide used to control Dated: September 26. 2005. Agency has not attempted to describe all the specific entities that may be affected many insects, primarily aphids, mites, Debra Edwards, and thrips. Registered use sites include Director, Special Review and Reregistration by this action. If you have any questions regarding the applicability of this action terrestrial food crops (vegetable, field, Division, Office of Pesticide Programs. tree fruit, and nut crops) and terrestrial [FR Doc. 05–21366 Filed 10–25–05; 8:45 am] to a particular entity, consult the person listed under FOR FURTHER INFORMATION non-food sites (ornamental uses). The BILLING CODE 6560–50–S CONTACT. ODM IRED presents the Agency’s conclusions on the risks posed by B. How Can I Get Copies of this exposure to ODM alone; however, ENVIRONMENTAL PROTECTION Document and Other Related section 408(b)(2)(D)(v) of the Federal AGENCY Information? Food, Drug, and Cosmetic Act (FFDCA) [OPP–2005–0281; FRL–7742–4] 1. Docket. EPA has established an directs the Agency also to consider official public docket for this action available information on the cumulative Oxydemeton-methyl Interim under docket identification (ID) number risk from substances sharing a common Reregistration Eligibility Decision and OPP–2005–0281. The official public mechanism of toxicity. Because the Amendment docket consists of the documents organophosphate pesticides share a common mechanism of toxicity, AGENCY: Environmental Protection specifically referenced in this action, cholinesterase inhibition, the Agency Agency (EPA). any public comments received, and will evaluate the cumulative risk posed other information related to this action. ACTION: Notice. by this group before making final Although a part of the official docket, reregistration eligibility decision on SUMMARY: This notice announces the the public docket does not include availability of EPA’s Interim individual organophosphates. Confidential Business Information (CBI) During the pendency of the Reregistration Eligibility Decision or other information whose disclosure is organophosphate cumulative (IRED) for the organophosphate restricted by statute. The official public assessment, the Agency is proceeding pesticide oxydemeton-methyl (ODM) docket is the collection of materials that with risk assessments and interim risk and the ODM IRED Amendment is available for public viewing at the management for individual document. The Agency’s risk Public Information and Records organophosphate pesticides. EPA has assessments and other related Integrity Branch (PIRIB), Rm. 119, determined that, but for the cumulative documents also are available in the Crystal Mall #2, 1801 S. Bell St., risk assessment, the data base to support ODM Docket (docket number OPP- Arlington, VA. This docket facility is ODM reregistration is substantially 34167), and on the ODM reregistration open from 8:30 a.m. to 4 p.m., Monday complete and that products containing website located at http://www.epa.gov/ through Friday, excluding legal ODM are eligible for reregistration, oppsrrd1/op/odm.htm. ODM is a holidays. The docket telephone number provided the risks are mitigated in the systemic, organophosphate insecticide/ is (703) 305–5805. manner described in the ODM IRED and acaracide registered on terrestrial food 2. Electronic access. You may access ODM IRED Amendment. Upon crops (vegetable, field, tree fruit, and this Federal Register document submission of any required product- nut crops) and terrestrial non-food sites electronically through the EPA Internet specific data under FIFRA section (ornamental uses). EPA has reviewed under the ‘‘Federal Register’’ listings at 4(g)(2)(B) and any necessary changes to ODM through the public participation http://www.epa.gov/fedrgstr/. the registration and labeling (either to process that the Agency uses to involve An electronic version of the public address concerns identified in the IRED the public in developing pesticide docket is available through EPA’s or as a result of product-specific data), reregistration and tolerance electronic public docket and comment and after assessing organophosphate reassessment decisions. Through these system, EPA Dockets. You may use EPA cumulative risks, EPA will make a final programs, EPA is ensuring that all Dockets at http://www.epa.gov/edocket/ reregistration decision under FIFRA pesticides meet current health and to view public comments, access the section 4(g)(2)(C) for products safety standards. index listing of the contents of the containing ODM. When the Agency FOR FURTHER INFORMATION CONTACT: official public docket, and to access finalizes decisions for ODM and other Katie Hall, Special Review and those documents in the public docket organophosphate pesticides, further risk Reregistration Division (7508C), Office that are available electronically. mitigation may be required for ODM. of Pesticide Programs, Environmental Although not all docket materials may EPA must review tolerances and Protection Agency, 1200 Pennsylvania be available electronically, you may still tolerance exemptions that were in effect Ave., NW., Washington, DC 20460– access any of the publicly available when the Food Quality Protection Act 0001; telephone number: (703) 308– docket materials through the docket was enacted in August 1996, to ensure 0166; fax number: (703) 308–8041; e- facility identified in Unit I.B.1. Once in that these existing pesticide residue mail address: [email protected]. the system, select ‘‘search,’’ then key in limits for food and feed commodities SUPPLEMENTARY INFORMATION: the appropriate docket ID number. meet the safety standard established by
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the new law. Tolerances are considered measures when EPA concludes its 51042). In response to requests from reassessed once the safety finding has cumulative assessment of the several stakeholders, this action extends been made or a revocation occurs. EPA organophosphate pesticides. both comment periods for 30 days. has reviewed and made the requisite B. What is the Agency’s Authority for DATES: EPA must receive your safety finding for the ODM tolerances, Taking this Action? comments on or before November 28, pending completion of the 2005. organophosphate cumulative Section 4(g)(2) of FIFRA as amended, ADDRESSES: assessment. directs that, after submission of all data Identify your comments, Although the ODM IRED was signed concerning a pesticide active ingredient, data and information relating to the on August 5, 2002, certain components ‘‘the Administrator shall determine Agency’s draft Strategy; by Docket ID of the document, which did not affect whether pesticides containing such No. OW–2002–0020. Identify all other the final regulatory decision, were active ingredient are eligible for comments, data and information undergoing final editing at that time. reregistration,’’ before calling in relating to the August 29, 2005 notice by These components, including the list of product-specific data on individual end- Docket ID No. OW–2004–0032. Submit additional generic data requirements, use products and either reregistering your comments, data and information summary of labeling changes, products or taking other ‘‘appropriate by one of the following methods: appendices, and other relevant regulatory action.’’ A. Federal eRulemaking Portal: information, have been added to the Section 408(q) of the FFDCA, 21 http://www.regulations.gov. Follow the ODM IRED document. In addition, U.S.C. 346a(q), requires EPA to review on-line instructions for submitting subsequent to signature, EPA identified tolerances and exemptions for pesticide comments. several minor errors and ambiguities in residues in effect as of August 2, 1996, B. Agency Web site: http:// the document. These additions or to determine whether the tolerance or www.epa.gov/edocket. EDOCKET, EPA’s changes do not alter the conclusions exemption meets the requirements of electronic public docket and comment documented in the 2002 ODM IRED. section 408(b)(2) or (c)(2) of the FFDCA. system, is EPA’s preferred method for Label language and use parameters for This review is to be completed by receiving comments, data, and use of ODM on lettuce were altered August 3, 2006. information. Follow the on-line based on submission of additional instructions for submitting comments. List of Subjects information that affected the risk C. E-mail: OW–[email protected]. conclusions for this use. Label changes Environmental protection, Pesticides D. Mail: Water Docket, Environmental are described in detail in the ‘‘Label and pests. Protection Agency, Mailcode: 4101T, Changes Summary Table’’ in section 1200 Pennsylvania Ave., NW., V.D. of the ODM IRED and in the Dated: October 19, 2005. Washington, DC 20460, Attention ‘‘Amendment to the 2002 Oxydemeton- Debra Edwards, Docket ID No. OW–2004–0032. For methyl IRED,’’ which are included in Director, Special Review and Reregistration comments, data, and information on the the public docket for ODM. Division, Office of Pesticide Programs. draft Strategy, use Docket ID No. OW– EPA is applying the principles of [FR Doc. 05–21365 Filed 10–25–05; 8:45 am] 2002–0020. public participation to all pesticides BILLING CODE 6560–50–S E. Hand Delivery: Water Docket, EPA undergoing reregistration and tolerance Docket Center, EPA West, Room B102, reassessment. The Agency’s Pesticide 1301 Constitution Ave., NW., Tolerance Reassessment and ENVIRONMENTAL PROTECTION Washington, DC, Attention Docket ID Reregistration; Public Participation AGENCY No. OW–2004–0032. Use Docket ID No. Process, published in the Federal [OW–2004–0032; FRL–7988–5] OW–2002–0020 for comments, data, and Register on May 14, 2004 (69 FR 26819) information on the draft Strategy. Such (FRL–7357–9), explains that in RIN 2040–AE76 deliveries are only accepted during the conducting these programs, EPA is Docket’s normal hours of operation, and Extension of Comment Period for the tailoring its public participation process special arrangements should be made Preliminary 2006 Effluent Guidelines to be commensurate with the level of for deliveries of boxed information. Program Plan risk, extent of use, complexity of issues, Instructions: Direct your comments, and degree of public concern associated AGENCY: Environmental Protection data, and information to Docket ID No. with each pesticide. Due to its uses, Agency (EPA). OW–2004–0032. For comments, data, risks, and other factors, ODM was ACTION: Extension of comment period. and information on the draft Strategy, reviewed through the full 6-Phase use Docket ID No. OW–2002–0020. public participation process. Through SUMMARY: EPA is extending the EPA’s policy is that all comments, data, this process, EPA worked extensively comment period for the Agency’s and information received will be with stakeholders and the public to completed 2005 annual review and included in the public docket without reach the regulatory decisions for ODM. pending 2006 annual reviews of existing change and may be made available The reregistration program is being effluent limitations guidelines and online at http://www.epa.gov/edocket, conducted under Congressionally pretreatment standards under the Clean including any personal information mandated time frames, and EPA Water Act (CWA) sections 301(d), provided, unless the material includes recognizes the need both to make timely 304(b), 304(g), and 307(b), and the information claimed to be Confidential decisions and to involve the public. Preliminary 2006 Effluent Guidelines Business Information (CBI) or other Since all issues related to this pesticide Program Plan under CWA section information whose disclosure is were resolved through consultations 304(m). EPA is also extending a second restricted by statute. Do not submit with stakeholders before issuing the comment period on the draft Strategy through EDOCKET, regulations.gov, or ODM IRED Amendment, the Agency is for National Clean Water Industrial e-mail information that you consider to issuing the ODM IRED and ODM IRED Regulations (‘‘draft Strategy’’) (67 FR be CBI or otherwise protected. The EPA Amendment without a comment period. 71165; November 29, 2002). EPA EDOCKET and the federal Decisions presented in this IRED may be noticed the start of these comment regulations.gov Web sites are supplemented by further risk mitigation periods on August 29, 2005 (70 FR ‘‘anonymous access’’ systems, which
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means EPA will not know your identity 304(m). EPA also opened a second consumed in Portugal, Spain, Germany or contact information unless you comment period on the draft Strategy and Italy, with smaller amounts provide it in the body of your comment. for National Clean Water Industrial anticipated to be sold in other European If you send an e-mail comment directly Regulations (‘‘draft Strategy’’) (see 67 FR countries, Africa and Latin America. to EPA without going through 71165, November 29, 2002). The August Interested parties may submit comments EDOCKET or regulations.gov, your e- 29, 2005 notice describes: (1) The on this transaction by e-mail to mail address will be automatically Agency’s 2005 annual review of existing [email protected] or by mail captured and included as part of the effluent limitations guidelines and to 811 Vermont Avenue, NW., Room comment that is placed in the public pretreatment standards under the Clean 1238, Washington, DC 20571, within 14 docket and made available on the Water Act (CWA) sections 301(d), days of the date this notice appears in Internet. If you submit an electronic 304(b), 304(g), and 307(b); (2) EPA’s the Federal Register. comment, EPA recommends that you review of indirect dischargers without Helene S. Walsh, include your name and other contact categorical pretreatment standards to Director, Policy Oversight and Review. information in the body of your identify potential new categories for comment and with any disk or CD–ROM pretreatment standards under CWA [FR Doc. 05–21353 Filed 10–25–05; 8:45 am] you submit. If EPA cannot read your sections 304(g) and 307(b); and (3) the BILLING CODE 6690–01–P comment due to technical difficulties preliminary 2006 effluent guidelines and cannot contact you for clarification, program plan under CWA section EPA may not be able to consider your 304(m) (‘‘Plan’’). EPA anticipates FEDERAL COMMUNICATIONS comment. Electronic files should avoid completing the final 2006 Plan by COMMISSION the use of special characters, any form August 2006. As required by CWA Notice of Public Information of encryption, and be free of any defects section 304(m), the final Plan will: (1) or viruses. For additional information Collection(s) Being Reviewed by the Present a schedule for EPA’s annual Federal Communications Commission about EPA’s public docket visit review of existing effluent guidelines EDOCKET on-line or see the Federal for Extension Under Delegated under CWA section 304(b) and a Authority Register of May 31, 2002 (67 FR 38102). schedule for any effluent guidelines For additional instructions on obtaining revisions; and (2) identify industries for October 17, 2005. access to comments, go to section I.B of which EPA has not promulgated SUMMARY: The Federal Communications the SUPPLEMENTARY INFORMATION section effluent guidelines but may decide to do Commission, as part of its continuing of this document. so through rulemaking and a schedule effort to reduce paperwork burden Docket: All documents in the docket for these rulemakings. invites the general public and other are listed in the EDOCKET index at The original comment deadline was Federal agencies to take this http://www.epa.gov/edocket. Although October 28, 2005. Numerous opportunity to comment on the listed in the index, some information is stakeholders have requested an following information collection(s), as not publicly available, i.e., CBI or other extension to the comment period in required by the Paperwork Reduction information whose disclosure is order to adequately understand and Act (PRA) of 1995, Public Law 104–13. restricted by statute. Certain other provide comments. Additionally, one An agency may not conduct or sponsor material, such as copyrighted material, commenter requested more time due to a collection of information unless it is not placed on the Internet and will be the difficulty of coordinating with Gulf displays a currently valid control publicly available only in hard copy Coast facilities that were recently number. No person shall be subject to form. Publicly available docket incapacitated by hurricanes Rita and any penalty for failing to comply with materials are available either Katrina. This action extends the a collection of information subject to the electronically in EDOCKET or in hard comment period for 30 days. Paperwork Reduction Act that does not copy at the Water Docket, EPA/DC, EPA Dated: October 20, 2005. display a valid control number. West, Room B102, 1301 Constitution Comments are requested concerning (a) Ave., NW., Washington, DC. The Public Benjamin H. Grumbles, Assistant Administrator for Water. whether the proposed collection of Reading Room is open from 8:30 a.m. to information is necessary for the proper [FR Doc. 05–21367 Filed 10–25–05; 8:45 am] 4:30 p.m., Monday through Friday, performance of the functions of the excluding Federal holidays. The BILLING CODE 6560–50–P Commission, including whether the telephone number for the Public information shall have practical utility; Reading Room is (202) 566–1744, and (b) the accuracy of the Commission’s the telephone number for the Water EXPORT-IMPORT BANK OF THE burden estimate; (c) ways to enhance Docket is (202) 566–2426. UNITED STATES the quality, utility, and clarity of the FOR FURTHER INFORMATION CONTACT: Mr. information collected; and (d) ways to Economic Impact Policy Carey A. Johnston at (202) 566–1014 or minimize the burden of the collection of [email protected], or Ms. Jan This notice is to inform the public information on the respondents, Matuszko at (202) 566–1035 or that the Export-Import Bank has including the use of automated [email protected]. received an application to finance the collection techniques or other forms of SUPPLEMENTARY INFORMATION: On August export of $14.9 million of equipment information technology. 29, 2005 (70 FR 51042), EPA solicited and other goods and services to a buyer DATES: Written Paperwork Reduction comment on the Agency’s completed in Portugal. The U.S. exports will enable Act (PRA) comments should be 2005 annual review and pending 2006 the Portuguese company to produce submitted on or before December 27, annual reviews of existing effluent photovoltaic solar modules. The 2005. If you anticipate that you will be limitations guidelines and pretreatment Portuguese company will have a submitting comments, but find it standards under CWA sections 301(d), production capacity of 5 megawatts per difficult to do so within the period of 304(b), 304(g), and 307(b), and the year, with initial production to time allowed by this notice, you should Preliminary 2006 Effluent Guidelines commence in 2006. It is envisioned that advise the contact listed below as soon Program Plan under CWA section most of this new production will be as possible.
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ADDRESSES: You may submit your all Federal Communications Commission. FOR FURTHER INFORMATION CONTACT: For Paperwork Reduction Act (PRA) Marlene H. Dortch, additional information or copies of the comments by email or U.S. postal mail. Secretary. information collection(s), contact Judith To submit your comments by email [FR Doc. 05–21206 Filed 10–25–05; 8:45 am] B. Herman at 202–418–0214 or via the send them to [email protected]. To submit BILLING CODE 6712–01–P Internet at [email protected]. your comments by U.S. mail, mark them SUPPLEMENTARY INFORMATION: to the attention of Cathy Williams, OMB Control No.: 3060–1030. Federal Communications Commission, FEDERAL COMMUNICATIONS Title: Service Rules for Advanced Room 1–C823, 445 12th Street, SW., COMMISSION Wireless Services in the 1.7 GHz and 2.1 Washington, DC 20554. GHz Bands. FOR FURTHER INFORMATION CONTACT: For Notice of Public Information Form No.: N/A. additional information about the Collection(s) Being Submitted for Type of Review: Revision of a information collection(s) send an email Review to the Office of Management currently approved collection. to [email protected] or contact Cathy and Budget Respondents: Business or other for- Williams at (202) 418–2918. October 18, 2005. profit, Federal Government, and state, local and tribal government. SUPPLEMENTARY INFORMATION: SUMMARY: The Federal Communications Number of Respondents: 500. OMB Control Number: 3060–0010. Commission, as part of its continuing Estimated Time Per Response: .50 Title: Ownership Report for effort to reduce paperwork burden hours–10 hours. Commercial Broadcast Station. invites the general public and other Frequency of Response: On occasion Form Number: FCC Form 323. Federal agencies to take this reporting requirement, recordkeeping opportunity to comment on the Type of Review: Extension of a requirement and third party disclosure following information collection(s), as currently approved collection. requirement. required by the Paperwork Reduction Respondents: Business or other for- Total Annual Burden: 6,505 hours. Act (PRA) of 1995, Public Law 104–13. profit entities. Total Annual Cost: N/A. An agency may not conduct or sponsor Number of Respondents: 2,000. Privacy Act Impact Assessment: N/A. a collection of information unless it Estimated Time per Response: 0.5 to Needs and Uses: The Commission displays a currently valid control 1.5 hours. adopted and released a Report and number. No person shall be subject to Frequency of Response: On occasion Order in WT Docket No. 02–353, FCC any penalty for failing to comply with reporting requirement; Biennial 03–251, which adopts service, licensing, a collection of information subject to the reporting requirement; Upon renewal and competitive bidding rules for Paperwork Reduction Act (PRA) that reporting requirement; Third party advanced wireless services in the 1710– does not display a valid control number. disclosure requirement. 1755 MHz and 2110–2155 MHz bands. Comments are requested concerning (a) Total Annual Burden: 2,750 hours. These bands have previously been used whether the proposed collection of Total Annual Cost: $2,166,800. for a variety of government and non- information is necessary for the proper Privacy Impact Assessment: No government services. The R&O allocates performance of the functions of the impact(s). these frequency bands for fixed and Commission, including whether the Needs and Uses: Each permittee of a mobile services to as to provide for the information shall have practical utility; commercial AM, FM, TV, and introduction of new advanced wireless (b) the accuracy of the Commission’s international broadcast station must file services to the public. In the R&O, the burden estimate; (c) ways to enhance FCC Form 323, Ownership Report, Commission is enabling service the quality, utility, and clarity of the within 30 days of the FCC granting their providers to put this spectrum to its information collected; and (d) ways to application for an original construction highest value use with minimal minimize the burden of the collection of permit, the consummation, pursuant to transaction costs. By the end of its information on the respondents, FCC consent, of a transfer of control or license term a licensee must provide including the use of automated an assignment of a construction permit, ‘‘substantial service’’ that is, service that collection techniques or other forms of and when it files its license for the new is sound, favorable and substantially information technology. station. Each license of a commercial above the level of mediocre service that AM, FM, TV, and international DATES: Written Paperwork Reduction just might minimally warrant renewal. broadcast station must file FCC Form Act (PRA) comments should be Compared to a construction standard, 323 with 30 days of the consummation, submitted on or before November 25, section 27.14(a)’s substantial service pursuant to FCC consent, of a transfer of 2005. If you anticipate that you will be requirement will provide licensees control or an assignment of license, submitting PRA comments, but find it greater flexibility to determine how best when it files its station’s renewal difficult to do so within the period of to implement their business plans based application, and every two years time allowed by this notice, you should on criteria demonstrating actual service thereafter. Data on the FCC Form 323 advise the contact listed below as soon to end users. This requirement provides helps to determine whether the as possible. the flexibility required to accommodate licensee/permittee meets the FCC’s ADDRESSES: Direct all Paperwork the new and innovative services that we multiple ownership requirements and Reduction Act (PRA) comments to believe will be forthcoming in these complies with the Communications Act. Judith B. Herman, Federal bands. The race/ethnicity/gender question on Communications Commission, Room 1- The Commission is imposing three the form indicates current minority and C804, 445 12th Street, SW., DC 20554 or information collection burdens on the female ownership of broadcast facilities via the Internet to Judith- public. They are: (1) Foreign ownership and the efficacy of FCC Rules to [email protected]. If you would like to change submission; (b) showing of promote opportunities for small obtain or view a copy of this new or compliance with substantial service businesses and minority and female- revised information collection, you may requirement; and (3) interference owned businesses in the broadcasting do so by visiting the FCC PRA Web page coordination. Such information has industry. at: http://www.fcc.gov/omd/pra. been used in the past and will continue
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to be used to minimize interference, the attention of Leslie F. Smith, Federal Public Law 104–13. An agency may not verify that the applicants are legally and Communications Commission, 445 12th conduct or sponsor and a person is not technically qualified to hold licenses, Street, SW., Room 1–A804, Washington, required to respond to a collection of and to determine compliance with DC 20554. information unless it displays a Commission rules. FOR FURTHER INFORMATION CONTACT: For currently valid control number. Federal Communications Commission. additional information about the FOR FURTHER INFORMATION CONTACT: Paul Marlene H. Dortch, information collection(s) send an email J. Laurenzano, Federal Communications Secretary. to [email protected] or contact Leslie F. Commission, 445 12th Street, SW., Washington DC, 20554, (202) 418–1359 [FR Doc. 05–21294 Filed 10–25–05; 8:45 am] Smith at 202–418–0217. SUPPLEMENTARY INFORMATION or via the Internet at [email protected]. BILLING CODE 6712–01–P : OMB Control Number: 3060–0584. SUPPLEMENTARY INFORMATION: Title: Administration of U.S. Certified OMB Control No.: 3060–0169. FEDERAL COMMUNICATIONS Accounting Authorities in Maritime OMB Approval date: August 24, 2005. COMMISSION Mobile and Maritime Mobile-Satellite Expiration Date: August 31, 2008. Radio Services, FCC Forms 44 and 45. Title: Sections 43.51 and 43.53— Notice of Public Information Form Number: FCC 44 and 45. Reports and Records of Collection(s) Being Reviewed by the Type of Review: Extension of a Communications Common Carriers and Federal Communications Commission, currently approved collection. Affiliates. Comments Requested Respondents: Business or other for- Form No.: N/A. profit entities. Estimated Annual Burden: 374 October 18, 2005. Number of Respondents: 25 responses; 6,029 total annual burden SUMMARY: The Federal Communications respondents; 75 responses/annum. hours; approximately 83–101 hours Commission, as part of its continuing Estimated Time per Response: 1–3 average per respondent. effort to reduce paperwork burden, hours. Needs and Uses: The Commission invites the general public and other Frequency of Response: received an extension with no change Federal agencies to take this Recordkeeping; Occasion, semi-annual, for this information collection. Section opportunity to comment on the and annual reporting requirements; 43.51 requires any communication following information collection(s), as Third party disclosure. common carrier described in paragraph required by the Paperwork Reduction Total Annual Burden: 225 hours. (b) of this section must file with the Act (PRA) of 1995, Public Law 104–13. Total Annual Cost: None. Commission, within thirty (30) days of An agency may not conduct or sponsor Privacy Impact Assessment: No execution, a copy of each contract, a collection of information unless it impact(s). agreement, concession, license, displays a currently valid control Needs and Uses: The FCC has authorization, operating agreement or number. No person shall be subject to standards for accounting authorities in other arrangement to which it is a party any penalty for failing to comply with the maritime mobile and maritime- and any amendments. In addition to a collection of information, subject to satellite radio services under 47 CFR other reporting requirements, this rule the Paperwork Reduction Act that does Part 3. The Commission uses these section also requires an annual not display a valid control number. standards to determine the eligibility of reporting requirement, third party Comments are requested concerning (a) applicants for certification as a U.S. disclosure requirement and whether the proposed collection of accounting authority, to ensure recordkeeping requirements. Section information is necessary for the proper compliance with the maritime mobile 43.53 requires each communication performance of the functions of the and maritime-satellite radio services, common carrier engaged directly in the Commission, including whether the and to identify accounting authorities to transmission or reception of telegraph information shall have practical utility; the International Telecommunications communications between the (b) the accuracy of the Commission’s Union (ITU). Respondents are entities continental United States and any burden estimate; (c) ways to enhance seeking certification or those already foreign country shall file a report with the quality, utility, and clarity of the certified to be accounting authorities. the Commission within thirty (30) days information collected; and (d) ways to Federal Communications Commission. of the date of any arrangement minimize the burden of the collection of concerning the division of the total Marlene H. Dortch, information on the respondents, telegraph charges on such including the use of automated Secretary. communications other than transiting. [FR Doc. 05–21404 Filed 10–25–05; 8:45 am] collection techniques or other forms of OMB Control No.: 3060–0793. information technology. BILLING CODE 6712–01–P OMB Approval date: September 20, DATES: Written Paperwork Reduction 2005. Act (PRA) comments should be Expiration Date: September 30, 2008. submitted on or before December 27, FEDERAL COMMUNICATIONS COMMISSION Title: Federal-State Joint Board on 2005. If you anticipate that you will be Universal Service, CC Docket No. 96–45, submitting comments, but find it Public Information Collections Procedures for Self Certifying as a Rural difficult to do so within the period of Approved by Office of Management Carrier. time allowed by this notice, you should and Budget Form No.: N/A. advise the contact listed below as soon Estimated Annual Burden: 10 as possible. October 17, 2005. responses; 10 total annual burden hours; ADDRESSES: You may submit your SUMMARY: The Federal Communications 1 hour per respondent. Paperwork Reduction Act (PRA) Commission (FCC) has received Office Needs and Uses: In the Tenth Report comments by email or U.S. postal mail. of Management and Budget (OMB) and Order, the Commission adopted To submit your comments by email approval for the following public proposals that carriers servicing study send them to: [email protected]. To submit information collections pursuant to the areas with fewer than 100,000 access your comments by U.S. mail, mark it to Paperwork Reduction Act of 1995, lines that already have certified their
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rural status need not re-certify for SUMMARY: This document announces the Designated Federal Officer, Scott purposes of receiving support beginning next meeting date and agenda of the Marshall. January 1, 2001 and need only file Consumer Advisory Committee. The The meeting site is fully accessible to thereafter if their status changes. purpose of the Committee is to make people using wheelchairs or other Further, carriers serving more than recommendations to the Federal mobility aids. Meeting agendas and 100,000 access lines need to file rural Communications Commission handouts will be provided in accessible certifications for their year 2001 status (‘‘Commission’’) regarding consumer format; sign language interpreters, open and thereafter only if their status has issues within the jurisdiction of the captioning, and assistive listening changed. Commission and to facilitate the devices will be provided on site. The The Commission received an participation of all consumers in meeting will be webcast with open extension with no change to this proceedings before the Commission. captioning at http://www.fcc.gov/cgb/ information collection. DATES: The next meeting of the cac. Request other reasonable OMB Control No.: 3060–0515. Committee will take place on Friday, accommodations for people with OMB Approval date: September 21, November 18, 2005, from 9 a.m. to 4 disabilities as early as possible; please 2005. p.m. allow at least 14 days advance notice. Expiration Date: September 30, 2008. ADDRESSES: Federal Communications Include a description of the Title: Section 43.21(c), Miscellaneous Commission, 445 12th Street, SW., accommodation you will need including Common Carrier Annual Letter Filing Washington, DC 20554. as much detail as you can. Also include a way we can contact you if we need Requirement. FOR FURTHER INFORMATION CONTACT: Form No.: N/A. Scott Marshall, (202) 418–2809 (voice), more information. Send an e-mail to: Estimated Annual Burden: 38 (202) 418–0179 (TTY) or e-mail: [email protected] or call the Consumer & responses; 38 total annual burden hours; [email protected]. Governmental Affairs Bureau at (202) 1 hour per respondent. 418–0530 (voice), (202) 418–0432 Needs and Uses: Section 43.21(c) SUPPLEMENTARY INFORMATION: This is a (TTY). summary of the Commission’s Public requires each miscellaneous common Federal Communications Commission. carrier with operating revenues in Notice DA 0–2731 released October 18, 2005. The Commission announced the Monica Desai, excess of the indexed threshold as Chief, Consumer and Governmental Affairs defined in 47 CFR 32.9000 for a next meeting date and meeting agenda of its Consumer Advisory Committee. Bureau. calendar year to file with the Chief, [FR Doc. 05–21403 Filed 10–25–05; 8:45 am] Wireline Competition Bureau (formerly Purpose and Functions BILLING CODE 6712–01–P the Common Carrier Bureau) a letter The purpose of the Committee is to showing its operating revenues for that make recommendations to the year and the value of its total Commission regarding consumer issues FEDERAL COMMUNICATIONS communications plant at the end of that within the jurisdiction of the COMMISSION year. The letter must be filed no later Commission and to facilitate the [WT Docket No. 02–55; DA 05–2390] than April 1 of the following year. The participation of all consumers in information is used by FCC staff proceedings before the Commission. Private Land Mobile Services; 800 MHz members to regulate and monitor the Public Safety Interference Proceeding; telephone industry and by the public to Meeting Agenda NPSPAC Regions Assigned to Wave 2 analyze the industry. The information At its November 18, 2004 meeting, the on revenues and total plant is compiled Committee will (1) receive briefings by AGENCY: Federal Communications and published in the Commission’s FCC staff regarding Agency activities; Commission. annual common carrier statistical (2) receive a report and ACTION: Notice. publication and trends in telephone recommendations from its TRS Working service report. Group regarding access to VRS SUMMARY: As part of the 800 MHz band The Commission received an networks; and (3) receive a report and reconfiguration process, the extension with no change to this recommendations from its Media Commission stated that it would issue a information collection. working group regarding public interest public notice thirty days before Federal Communications Commission. obligations related to digital television. reconfiguration is scheduled to start in Marlene H. Dortch, The full Committee may take action on each National Public Safety Planning Secretary. any or all of these agenda items. Advisory Committee (NPSPAC) region. A copy of the October 18, 2005, Each such public notice will specify a [FR Doc. 05–21405 Filed 10–25–05; 8:45 am] Public Notice is available in alternate three-month voluntary negotiation BILLING CODE 6712–01–P formats (Braille, cassette tape, large period during which time identified print or diskette) upon request. It is also licensees in the regions being FEDERAL COMMUNICATIONS posted on the Commission’s Web site at reconfigured are encouraged to reach COMMISSION www.fcc.gov/cgb/cac. Meeting minutes agreement with Nextel on the details of will be available for public inspection at relocating. The voluntary negotiation [DA 05–2731] the FCC headquarters building. period would be followed by a three- The Committee meeting will be open month mandatory negotiation period, if Announcement of Next Meeting Date to the public and interested persons necessary. The Commission also stated and Agenda of Consumer Advisory may attend the meeting and that it would freeze the filing of certain Committee communicate their views. Members of 800 MHz applications for the regions AGENCY: Federal Communications the public will have an opportunity to being reconfigured when it issued a Commission. address the Committee on issues of public notice announcing the date when interest to them and the Committee. voluntary negotiation of relocation ACTION: Notice; announcement of Written comments for the Committee agreements must be concluded. The meeting. may also be sent to the Committee’s Commission explained that this freeze is
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necessary in order to maintain a stable during the reconfiguration process in • SMR (trunked)—YM and YL (The spectral landscape during the each region. The Commission delegated YL code is used only for applications reconfiguration process in each region. authority to issue these Public Notices listing both 800 MHz and 900 MHz DATES: This Notice announces that 800 to the Public Safety and Critical frequencies) MHz band reconfiguration for NPSPAC Infrastructure Division of the Wireless Geographic area licenses: Regions in Wave 2 commenced on Telecommunications Bureau (WTB). • 3. On May 27, 2005, WTB released a SMR, market area—YH and CY (The October 3, 2005. CY code is used only for applications FOR FURTHER INFORMATION CONTACT: Public Notice announcing the reconfiguration start date for the listing both 800 MHz and 1.9 GHz Roberto Mussenden, frequencies) [email protected], Public NPSPAC regions assigned to Wave 1 (i.e., for the non-NPSPAC channels Safety and Critical Infrastructure APPENDIX.—NPSPAC REGIONS Division, Wireless Telecommunications therein). See 70 FR 34764–02, June 15, ASSIGNED TO WAVE 2 Bureau, (202) 418–0680, TTY (202) 418– 2005. This Wave 1 PN also specified the 800 MHz reconfiguration benchmark 7233. NPSPAC Description of region 2 compliance dates. By this Public Notice, region 1 SUPPLEMENTARY INFORMATION: This is a we announce that the 800 MHz band summary of a public notice released on reconfiguration process for non- 4 ...... Arkansas. September 2, 2005. NPSPAC channels will start October 3, 1. In July 2004, the Federal 12 ...... Idaho. 2005, in the NPSPAC regions assigned 15 ...... Iowa. Communications Commission to Wave 2. A list of NPSPAC regions 16 ...... Kansas. (Commission) adopted a Report and assigned to Wave 2 is attached below. 17 ...... Kentucky. Order in this docket which, inter alia, The three-month period during which 22 ...... Minnesota. reconfigured the 800 MHz band to non-NPSPAC 800 MHz licensees have 24 ...... Missouri. eliminate interference to public safety 25 ...... Montana. the option of negotiating on a voluntary and other land mobile communication 26 ...... Nebraska. systems operating in the band. See 69 basis will end January 2, 2006. The 32 ...... North Dakota. FR 67823, November 22, 2004, modified three-month mandatory negotiation 34 ...... Oklahoma. by 70 FR 6758, February 8, 2005. As period will end April 2, 2006. 38 ...... South Dakota. 4. We also announce by this Public 39 ...... Tennessee. specified in the Report and Order, the Notice that, effective immediately, we 40 ...... Texas (Central & Northeast). band reconfiguration process is being are freezing the filing of 800 MHz 44 ...... West Virginia. overseen by a Transition Administrator applications for non-NPSPAC channels 46 ...... Wyoming. (TA) which has provided the in Wave 2. The freeze applies to stations 47 ...... Puerto Rico. Commission with a plan detailing when 48 ...... U.S. Virgin Islands. located in all of the NPSPAC regions band reconfiguration will commence in 49 ...... Texas (Central—Austin area). assigned to Wave 2 and to stations each of the fifty-five 800 MHz National 51 ...... Texas (East—Houston area). within seventy miles of the borders of Public Safety Planning Advisory 52 ...... Texas (Panhandle, High Plains & the Wave 2 regions. This freeze is Committee (NPSPAC) regions. On Northwest-Lubbock area). effective on the release date of this * ...... Large non-public safety systems March 11, 2005, the Bureau approved Public Notice and will last until thirty that cover multiple NPSPAC re- the TA’s basic 800 MHz band working days after the date for gions. 3 reconfiguration schedule, i.e., the completion of mandatory negotiations grouping of the NPSPAC regions into 1 Per the TA’s request, we are moving the as specified above, i.e., until May 12, four waves (Waves 1–4) and starting the Louisiana NPSPAC region (#18) from Wave 2 2006. The freeze does not apply to to Wave 3. See letter from Bob Kelly to Mi- reconfiguration process in each wave on modification applications filed to chael Wilhelm, Chief Public Safety and Critical the dates recommended by the TA. See Infrastructure Division, dated September 2, implement 800 MHz band 70 FR 21786, April 27, 2005. 2005. 2. As part of the 800 MHz band reconfiguration, modification 2 Regions that are only a portion of a state or states are defined by counties. A list of the reconfiguration process, the applications filed that do not change an 800 MHz frequency or expand a 800 counties in each of these regions can be Commission stated that it would issue a accessed at http://www.fcc.gov/Bureaus/Wire- Public Notice thirty days before MHz station’s existing coverage area less/Orders/1998/fcc98191.txt. reconfiguration is scheduled to start in (e.g., administrative updates), 3 Large non-public safety systems that had assignments/transfers, or renewal-only no systems in Wave 1 and that provide cov- each NPSPAC region. Each such Public erage beyond the border of NPSPAC regions Notice specifies a three-month applications. 5. To facilitate the 800 MHz in Wave 2 will commence reconfiguration of voluntary negotiation period during their entire system, including base stations lo- reconfiguration process, the which time identified licensees in the cated outside the boundaries of Wave 2 Commission has established the NPSPAC regions, as part of the Wave 2 re- regions being reconfigured are following new radio service codes for configuration process. encouraged to reach agreement with licenses that list 800 MHz band Nextel on the details of relocating. The 6. The Commission’s Universal frequencies governed by part 90 of the voluntary negotiation period is followed Licensing System (ULS) will Commission’s Rules: by a three-month mandatory negotiation Site specific licenses: automatically update modification period, if necessary. The Commission • Public safety (conventional)—GE applications filed to implement 800 also stated that it would freeze the filing • Public safety (trunked)—YE MHz band reconfiguration to show the of certain 800 MHz applications for the • Business/Industrial/Land appropriate new radio service code (i.e., regions being reconfigured when it Transportation (conventional)—GJ applicants should file using their issued a Public Notice announcing the • Business/Industrial/Land current radio service codes). Once the date when voluntary negotiation of Transportation (trunked)—YJ radio service code has been changed on relocation agreements must be • SMR (conventional)—GM and GL the license by the Commission, concluded. The Commission explained (The GL code is used only for licensees filing subsequent applications that this freeze is necessary in order to applications listing both 800 MHz and concerning that license must use the maintain a stable spectral landscape 900 MHz frequencies) new radio service code.
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7. The Reconfiguration Plan filed by FEDERAL COMMUNICATIONS FEDERAL MARITIME COMMISSION the TA is available on the Commission’s COMMISSION 800 MHz band reconfiguration Web Notice of Agreements Filed page at http://www.800MHz.gov. [Report No. 2729] The Commission hereby gives notice Questions concerning the plan, and of the filing of the following agreements other Transition Administrator matters, Petitions for Reconsideration of Action under the Shipping Act of 1984. including whether your 800 MHz in Rulemaking Proceeding Interested parties may submit comments system must be relocated, should be October 13, 2005. on an agreement to the Secretary, directed to Brett Haan, BearingPoint, Federal Maritime Commission, 1676 International Drive, McLean, VA Petitions for Reconsideration have Washington, DC 20573, within ten days 22102, [email protected]. For been filed in the Commission’s of the date this notice appears in the additional information on 800 MHz Rulemaking proceeding listed in this Federal Register. Copies of agreements band reconfiguration issues, generally, Public Notice and published pursuant to are available through the Commission’s please contact Roberto Mussenden, Esq., 47 CFR 1.429(e). The full text of these Office of Agreements (202–523–5793 or Public Safety and Critical Infrastructure documents is available for viewing and [email protected]). Division, Wireless Telecommunications copying in Room CY–B402, 445 12th Agreement No.: 009857–009. Bureau, at (202) 418–0680, TTY (202) Street, SW., Washington, DC or may be Title: Florida-Caribbean Cruise 418–7233, or via e-mail to purchased from the Commission’s copy Association (‘‘FCCA’’). [email protected]. contractor, Best Copy and Printing, Inc. Parties: Carnival Cruise Lines; Celebrity Cruises; Costa Cruise Lines; Federal Communications Commission. (BCPI) (1–800–378–3160). Oppositions to these petitions must be filed by Cunard Line; Disney Cruise Line; Scot Stone, November 10, 2005. See Section Holland America Line; Norwegian Deputy Chief, Public Safety and Critical 1.4(b)(1) of the Commission’s rules (47 Cruise Line; Princess Cruises; Radisson Infrastructure Division, Wireless CFR 1.4(b)(1)). Replies to an opposition Seven Seas Cruises; Royal Caribbean Telecommunications Bureau. must be filed within 10 days after the International; Topaz International [FR Doc. 05–21297 Filed 10–25–05; 8:45 am] time for filing oppositions have expired. Cruises; Windstar Cruises; and MSC BILLING CODE 6712–01–P Cruises (USA) Inc. Subject: In the Matter of the 2000 Filing Party: Matthew Thomas, Esq.; Biennial Regulatory Review Troutman Sanders LLP; 401 9th Street Streamlining and Other Revisions of FEDERAL COMMUNICATIONS NW; Suite 1000; Washington, DC Part 25 of the Commission’s Rule COMMISSION 20004–2134. Governing the Licensing of, and Synopsis: The subject modification Spectrum Usage by, Satellite Network would revise the agreement authority to [Report No. 2730] Earth Stations and Space Stations (IB more clearly describe the FCCA’s Docket No. 00–248). Petitions For Reconsideration Of activities, delete authority for the Action In Rulemaking Proceeding In the Matter of Amendment of Part members to take joint action on rates 25 of the Commission’s Rules and and charges, update the membership list October 13, 2005. Regulations to Reduce Alien Carrier and contact information, and republish Interference Between Fixed-Satellite at the agreement. Petitions for Reconsideration have Reduced Orbital Spacings and to Revise Agreement No.: 011843–001. been filed in the Commission’s Application Procedures for Satellite Title: LT/ZIM Cross Space Charter Rulemaking proceeding listed in this Communication Services (CC Docket and Sailing Agreement. Public Notice and published pursuant to No. 86–496). Parties: Lloyd Triestino di 47 CFR 1.429(e). The full text of these Number of Petitions Filed: 3. Navigazione S.p.A. and Zim Integrated documents is available for viewing and Shipping Services, Ltd. copying in Room CY–B402, 445 12th Marlene H. Dortch, Filing Party: Paul M. Keane, Esq.; Street, SW., Washington, DC or may be Secretary. Cichanowicz, Callan, Keane, Vengrow & purchased from the Commission’s copy [FR Doc. 05–21208 Filed 10–25–05; 8:45 am] Textor, LLP; 61 Broadway; Suite 3000; contractor, Best Copy and Printing, Inc. BILLING CODE 6712–01–P New York, NY 10006–2802. (BCPI) (1–800–378–3160). Oppositions Synopsis: The modification updates to these petitions must be filed by Zim’s corporate name. November 10, 2005. See Section FEDERAL COMMUNICATIONS Agreement No.: 011922. 1.4(b)(1) of the Commission’s rules (47 COMMISSION Title: TNWA/GA Cooperative CFR 1.4(b)(1)). Replies to an opposition Working Agreement. Performance Review Board Parties: APL Co. Pte. Ltd./American must be filed within 10 days after the President Lines, Ltd.; Hyundai time for filing oppositions have expired. As required by the Civil Service Merchant Marine Co., Ltd.; Mitsui Subject: In the Matter of Auction of Reform Act of 1978 (Pub. L. 95–454), O.S.K. Lines, Ltd.; Hapag-Lloyd Direct Broadcast Satellite Licenses (WT Chairman Kevin J. Martin appointed the Container Linie GmbH; Nippon Yusen Docket No. 05–251). following executives to the Performance Kaisha; and Orient Overseas Container Number Of Petitions Filed: 1. Review Board (PRB): Michelle Carey, Line Limited/Orient Overseas Container Thomas Navin, and Monica Desai. Line Inc./Orient Overseas Container Marlene H. Dortch, Federal Communications Commission. Line (Europe) Limited. Secretary. Filing Party: David F. Smith, Esq.; Marlene H. Dortch, [FR Doc. 05–21207 Filed 10–25–05; 8:45 am] Sher & Blackwell LLP; 1850 M Street Secretary. BILLING CODE 6712–01–P NW; Suite 900; Washington, DC 20036. [FR Doc. 05–20999 Filed 10–25–05; 8:45 am] Synopsis: The proposed agreement BILLING CODE 6712–01–P would authorize the parties to share
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vessel space and engage in related FEDERAL RESERVE SYSTEM Board, are available for immediate rationalization, coordination, and inspection at the Federal Reserve Bank cooperative activities in the trade Change in Bank Control Notices; indicated. The application also will be between ports in North Asia and ports Acquisition of Shares of Bank or Bank available for inspection at the offices of on the U.S. Atlantic Coast via the Holding Companies the Board of Governors. Interested Panama Canal. The notificants listed below have persons may express their views in Dated: October 21, 2005. applied under the Change in Bank writing on the standards enumerated in By order of the Federal Maritime Control Act (12 U.S.C. 1817(j)) and the BHC Act (12 U.S.C. 1842(c)). If the Commission. § 225.41 of the Board’s Regulation Y (12 proposal also involves the acquisition of Karen V. Gregory, CFR 225.41) to acquire a bank or bank a nonbanking company, the review also includes whether the acquisition of the Assistant Secretary. holding company. The factors that are considered in acting on the notices are nonbanking company complies with the [FR Doc. 05–21380 Filed 10–25–05; 8:45 am] set forth in paragraph 7 of the Act (12 standards in section 4 of the BHC Act BILLING CODE 6730–01–P U.S.C. 1817(j)(7)). (12 U.S.C. 1843). Unless otherwise The notices are available for noted, nonbanking activities will be immediate inspection at the Federal FEDERAL MARITIME COMMISSION conducted throughout the United States. Reserve Bank indicated. The notices Additional information on all bank also will be available for inspection at Ocean Transportation Intermediary holding companies may be obtained the office of the Board of Governors. License Applicants from the National Information Center Interested persons may express their website at www.ffiec.gov/nic/. views in writing to the Reserve Bank Notice is hereby given that the indicated for that notice or to the offices Unless otherwise noted, comments following applicants have filed with the of the Board of Governors. Comments regarding each of these applications Federal Maritime Commission an must be received not later than must be received at the Reserve Bank application for license as a Non-Vessel- November 10, 2005. indicated or the offices of the Board of Operating Common Carrier and Ocean Governors not later than November 21, Freight Forwarder—Ocean A. Federal Reserve Bank of Atlanta 2005 Transportation Intermediary pursuant to (Andre Anderson, Vice President) 1000 section 19 of the Shipping Act of 1984 Peachtree Street, N.E., Atlanta, Georgia A. Federal Reserve Bank of as amended (46 U.S.C. app. 1718 and 46 30303: CFR part 515). 1. Bonifay Holding Company, Inc., Philadelphia (Michael E. Collins, Senior Bonifay, Florida; W. Stephen Thames Vice President) 100 North 6th Street, Persons knowing of any reason why Philadelphia, Pennsylvania 19105-1521: the following applicants should not Marianna, Florida, Roy C. Belcer Family receive a license are requested to Trust, William T. Parrish, Trustee, 1. Fulton Financial Corporation, contact the Office of Transportation Bonifay, Florida; to retain control of Lancaster, Pennsylvania; to acquire 100 Intermediaries, Federal Maritime Bonifay Holding Company, Inc., percent of the voting shares of Columbia Commission, Washington, DC 20573. Bonifay, Florida, and thereby indirectly Bancorp, Columbia, Maryland, and retain shares of The Bank of Bonifay, thereby indirectly acquire The Columbia Non-Vessel-Operating Common Carrier Bonifay, Florida. Bank, Columbia, Maryland. Ocean Transportation Intermediary Board of Governors of the Federal Reserve Applicant System, October 21, 2005. B. Federal Reserve Bank of Atlanta Jennifer J. Johnson, Intercontinental Logistics, Inc., 500 E. (Andre Anderson, Vice President) 1000 Secretary of the Board. Carson Plaza Drive, Suite 107, Carson, Peachtree Street, N.E., Atlanta, Georgia CA 90745, Officer: Ki Chul Kim, [FR Doc. E5–5953 Filed 10–25–05; 8:45 am] 30303: BILLING CODE 6210–01–S President, (Qualifying Individual). 1. Pinnacle Financial Partners, Inc., Ocean Freight Forwarder—Ocean Nashville, Tennessee, to merge with Transportation Intermediary FEDERAL RESERVE SYSTEM Cavalry Bancorp, Inc., and thereby Applicants indirectly acquire Cavalry Banking, both Formations of, Acquisitions by, and of Murfreesboro, Tennessee. La Gaviota Shipping, 468 Roseville Mergers of Bank Holding Companies Avenue, Newark, NJ 07107, Manuel S. The companies listed in this notice Alvarez, Sole Proprietor. C. Federal Reserve Bank of St. Louis have applied to the Board for approval, (Glenda Wilson, Community Affairs IGX International, Inc., Acuarela St., pursuant to the Bank Holding Company Officer) 411 Locust Street, St. Louis, #3A, Martinez Nadal Highway, Act of 1956 (12 U.S.C. 1841 et seq.) Missouri 63166-2034: Guaynabo, PR 00966, Officers: Lemuel (BHC Act), Regulation Y (12 CFR Part Toledo Gonzalez, President, 225), and all other applicable statutes 1. Buena Vista Bancorp, Inc., Chester, (Qualifying Individual), Providencia and regulations to become a bank Illinois; to acquire 100 percent of the Gonzalez, Vice President. holding company and/or to acquire the voting shares of Citizens Community assets or the ownership of, control of, or Bank of Decatur, Decatur, Illinois. Dated: October 21, 2005. the power to vote shares of a bank or Board of Governors of the Federal Reserve Karen V. Gregory, bank holding company and all of the System, Assistant Secretary. banks and nonbanking companies Jennifer J. Johnson, [FR Doc. 05–21379 Filed 10–25–05; 8:45 am] owned by the bank holding company, Secretary of the Board. BILLING CODE 6730–01–P including the companies listed below. The applications listed below, as well [FR Doc. E5–5954 Filed 10–25–05; 8:45 am] as other related filings required by the BILLING CODE 6210–01–S
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FEDERAL RESERVE SYSTEM FEDERAL RESERVE SYSTEM of the following subjects: (1) The necessity and utility of the proposed Notice of Proposals to Engage in Sunshine Act Meeting information collection for the proper Permissible Nonbanking Activities or performance of the agency’s functions; to Acquire Companies that are AGENCY HOLDING THE MEETING: Board of (2) the accuracy of the estimated Engaged in Permissible Nonbanking Governors of the Federal Reserve burden; (3) ways to enhance the quality, Activities System. utility, and clarity of the information to TIME AND DATE: 12 p.m., Monday, be collected; and (4) the use of The companies listed in this notice October 31, 2005. automated collection techniques or have given notice under section 4 of the PLACE: Marriner S. Eccles Federal other forms of information technology to Bank Holding Company Act (12 U.S.C. Reserve Board Building, 20th and C minimize the information collection 1843) (BHC Act) and Regulation Y (12 Streets, NW., Washington, DC 20551. burden. CFR Part 225) to engage de novo, or to STATUS: Closed. #1 Type of Information Collection acquire or control voting securities or MATTERS TO BE CONSIDERED: Request: Extension of Currently assets of a company, including the 1. Personnel actions (appointments, Approved Collection; companies listed below, that engages promotions, assignments, Title of Information Collection: either directly or through a subsidiary or reassignments, and salary actions) Protection of Human Subjects other company, in a nonbanking activity involving individual Federal Reserve Assurance Identification/ Institutional that is listed in § 225.28 of Regulation Y System employees. Review Board (IRB) Certification/ (12 CFR 225.28) or that the Board has 2. Any items carried forward from a Declaration of Exemption; determined by Order to be closely previously announced meeting. Form/OMB No.: OS–0990–0263; related to banking and permissible for FOR FURTHER INFORMATION CONTACT: Use: The Federal Policy for the bank holding companies. Unless Michelle A. Smith, Director, Office of Protection of Human Subjects, known as otherwise noted, these activities will be Board Members; 202–452–2955. the Common Rule, requires that before conducted throughout the United States. SUPPLEMENTARY INFORMATION: You may engaging in non-exempt human subjects call 202–452–3206 beginning at research that is conducted or supported Each notice is available for inspection by a Common Rule department or at the Federal Reserve Bank indicated. approximately 5 p.m. two business days before the meeting for a recorded agency, each institution must: (1) Hold The notice also will be available for an applicable assurance of compliance inspection at the offices of the Board of announcement of bank and bank holding company applications [Section 103(a)]; and (2) certify to the Governors. Interested persons may scheduled for the meeting; or you may awarding department or agency that the express their views in writing on the contact the Board’s Web site at http:// application or proposal for research has question whether the proposal complies www.federalreserve.gov for an electronic been reviewed and approved by an IRB with the standards of section 4 of the announcement that not only lists designated in the assurance [Sections BHC Act. Additional information on all applications, but also indicates 103(b) and (f)]. bank holding companies may be procedural and other information about Frequency: Reporting on occasion; obtained from the National Information the meeting. Affected Public: Federal, State, local, Center website at www.ffiec.gov/nic/. Board of Governors of the Federal Reserve or tribal governments, business or other Unless otherwise noted, comments System, October 21, 2005. for-profit, not-for-profit institutions and regarding the applications must be Robert deV. Frierson, individuals or households; received at the Reserve Bank indicated Deputy Secretary of the Board. Annual Number of Respondents: 5,000; or the offices of the Board of Governors [FR Doc. 05–21419 Filed 10–21–05; 4:16pm] Total Annual Responses: 166,667; not later than November 10, 2005. BILLING CODE 6210–01–M Average Burden Per Response: 0.25 hours; A. Federal Reserve Bank of Atlanta Total Annual Hours: 41,667; (Andre Anderson, Vice President) 1000 DEPARTMENT OF HEALTH AND To obtain copies of the supporting Peachtree Street, N.E., Atlanta, Georgia HUMAN SERVICES statement and any related forms for the 30303: Office of the Secretary proposed paperwork collections 1. Chestatee Bancshares, Inc., [Document Identifier: OS–0990–0263] referenced above, access the HHS Web Dawsonville, Georgia, to continue to site address at http://www.hhs.gov/ engage through Chestatee Financial Agency Information Collection oirm/infocollect/pending/ or e-mail your Services, Inc., Dawsonville, Georgia, in Activities: Proposed Collection; request, including your address, phone securities brokerage activities and the Comment Request number, OMB number, and OS sale of insurance in a town of less than document identifier, to 5,000 persons, pursuant to sections AGENCY: Office of the Secretary, HHS. [email protected], or call the Reports 225.28(b)(7)(i) and 225.28(b)(11)(iii)(A) In compliance with the requirement Clearance Office on (202) 690–6162. of Regulation Y. of section 3506(c)(2)(A) of the Written comments and Paperwork Reduction Act of 1995, the recommendations for the proposed Board of Governors of the Federal Reserve Office of the Secretary (OS), Department information collections must be mailed System, October 21, 2005. of Health and Human Services, is within 30 days of this notice directly to Jennifer J. Johnson, publishing the following summary of the Desk Officer at the address below: Secretary of the Board. proposed collections for public OMB Desk Officer: John Kraemer, OMB [FR Doc. E5–5955 Filed 10–25–05; 8:45 am] comment. Interested persons are invited Human Resources and Housing Branch, BILLING CODE 6210–01–S to send comments regarding this burden Attention: (OMB #0990–0263), New estimate or any other aspect of this Executive Office Building, Room 10235, collection of information, including any Washington, DC 20503.
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Dated: October 17, 2005. provisions set forth in section 552b(c) Name of Committee: Vaccines and Robert E. Polson, (4) and (6), Title 5 U.S.C., and the Related Biological Products Advisory Office of the Secretary, Paperwork Reduction Determination of the Director, Committee. Act Reports Clearance Officer. Management Analysis and Services [FR Doc. 05–21356 Filed 10–25–05; 8:45 am] Office, CDC, pursuant to Public Law 92– General Function of the Committee: BILLING CODE 4168–17–P 463. To provide advice and Matters to be Discussed: The meeting recommendations to the agency on will include the review, discussion, and FDA’s regulatory issues. DEPARTMENT OF HEALTH AND evaluation of applications received in Date and Time: The meeting will be HUMAN SERVICES response to Enhancing Utilization of held on November 16, 2005, from 8:30 Childhood Immunization Client Recall a.m. to 5:15 p.m. and on November 17, Centers for Disease Control and Practices by Private Providers, RFA IP 2005, from 8:30 a.m. to 5:30 p.m. Prevention 05–088; Improving Vaccination Location: Holiday Inn Select, 8120 Coverage in the Greater than 65 Years of Disease, Disability, and Injury Wisconsin Ave., Bethesda, MD. Age Population, RFA IP 05–091; Prevention and Control Special Contact Person: Christine Walsh or Influenza Vaccination of Children and Emphasis Panel; Meeting Denise Royster, Center for Biologics Accompanying Adults: Mass Evaluation and Research (HFM–71), Disease, Disability, and Injury Vaccination versus Vaccination in Food and Drug Administration, 1401 Prevention and Control Special Routine Care, RFA IP 05–094; Rockville Pike, Rockville, MD 20852, Emphasis Panel: Enhancing Utilization Effectiveness of a Hospital Based 301–827–0314, or FDA Advisory of Childhood Immunization Client Program for Vaccination of Birth Committee Information Line, 1–800– Recall Practices by Private Providers, Mothers and Household Contacts with 741–8138 (301–443–0572 in the RFA; IP 05–088; Improving Vaccination Inactivated Influenza Vaccine, RFA IP Washington, DC area), code Coverage in the Greater than 65 Years of 05–095; and Developing Methods and 3014512391. Please call the Information Age Population, RFA IP 05–091; Strategies to Increase Use of Line for up-to-date information on this Influenza Vaccination of Children and Immunization Registries by Private meeting. Accompanying Adults: Mass Providers, RFA IP 05–096. Agenda: On November 16, 2005, the Vaccination versus Vaccination in FOR FURTHER INFORMATION CONTACT: committee will hear presentations and Routine Care, RFA IP 05–094; Horace M. Stiles, PHD MPH DDS, discuss the use of Madin-Darby Canine Effectiveness of a Hospital Based Scientific Review Administrator, Kidney Cells for manufacture of Program for Vaccination of Birth National Institute for Occupational Inactivated Influenza Vaccines. On Mothers and Household Contacts with Safety and Health, CDC, 1600 Clifton November 17, 2005, the committee will Inactivated Influenza Vaccine, RFA; IP Road, NE., MS E–74, Atlanta, GA 30333, discuss developing new Pneumococcal 05–095; and Developing Methods and Telephone 404–498–2584. Vaccines for U.S. licensure for adults. Strategies to Increase Use of The Director, Management Analysis Procedure: On November 16, 2005, Immunization Registries by Private and Services Office, has been delegated from 8:30 a.m. to 5:15 p.m. and on Providers, RFA IP 05–096. the authority to sign Federal Register November 17, 2005, from 10 a.m. to 5:30 In accordance with section 10(a)(2) of notices pertaining to announcements of p.m., the meeting is open to the public. the Federal Advisory Committee Act meetings and other committee Interested persons may present data, (Pub. L. 92–463), the Centers for Disease management activities, for both CDC information, or views, orally or in Control and Prevention (CDC) and the Agency for Toxic Substances writing, on issues pending before the announces the following meeting: and Disease Registry. Name: Disease, Disability, and Injury committee. Written submissions may be Prevention and Control Special Dated: October 19, 2005. made to the contact person by Emphasis Panel (SEP): Enhancing Alvin Hall, November 9, 2005. Oral presentations Utilization of Childhood Immunization Director, Management Analysis and Services from the public will be scheduled on Client Recall Practices by Private Office, Centers for Disease Control and November 16, 2005, between Providers, RFA IP 05–088; Improving Prevention. approximately 1:45 p.m. and 2:15 p.m. Vaccination Coverage in the Greater [FR Doc. 05–21341 Filed 10–25–05; 8:45 am] and on November 17, 2005, between than 65 Years of Age Population, RFA BILLING CODE 4163–18–P approximately 1 p.m. and 1:30 p.m. IP 05–091; Influenza Vaccination of Time allotted for each presentation may Children and Accompanying Adults: be limited. Those desiring to make Mass Vaccination versus Vaccination in DEPARTMENT OF HEALTH AND formal oral presentations should notify Routine Care, RFA IP 05–094; HUMAN SERVICES the contact person before November 9, Effectiveness of a Hospital Based 2005, and submit a brief statement of Program for Vaccination of Birth Food and Drug Administration the general nature of the evidence or arguments they wish to present, the Mothers and Household Contacts with Vaccines and Related Biological Inactivated Influenza Vaccine, RFA IP names and addresses of proposed Products Advisory Committee; Notice participants, and an indication of the 05–095; and Developing Methods and of Meeting Strategies to Increase Use of approximate time requested to make Immunization Registries by Private AGENCY: Food and Drug Administration, their presentation. Providers, RFA IP 05–096. HHS. Closed Committee Deliberations: On Times and Dates: 8 a.m.–5 p.m., ACTION: Notice. November 17, 2005, from 8:30 a.m. to November 21, 2005 (Closed). 9:55 a.m., the meeting will be closed to Place: Renaissance Hotel, 1 Hartsfield This notice announces a forthcoming permit discussion and review of trade Center Parkway, Atlanta, GA 30354, meeting of a public advisory committee secret and/or confidential information Telephone 404.209.9999. of the Food and Drug Administration (5 U.S.C. 552b(c)(4)). Status: The meeting will be closed to (FDA). At least one portion of the Persons attending FDA’s advisory the public in accordance with meeting will be closed to the public. committee meetings are advised that the
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agency is not responsible for providing ADDRESSES: Submit written requests for to allow for public participation before access to electrical outlets. single copies on a 3.5′′ diskette of the issuing this guidance as a final guidance FDA welcomes the attendance of the guidance document entitled ‘‘Class II document. Therefore, FDA is issuing public at its advisory committee Special Controls Guidance Document: this guidance document as a level 1 meetings and will make every effort to CFTR Gene Mutation Detection guidance document that is immediately accommodate persons with physical Systems’’ to the Division of Small in effect. FDA will consider any disabilities or special needs. If you Manufacturers, International, and comments that are received in response require special accommodations due to Consumer Assistance (HFZ–220), Center to this notice to determine whether to a disability, please contact Christine for Devices and Radiological Health, amend the guidance document. Walsh or Denise Royster at least 7 days Food and Drug Administration, 1350 II. Significance of Guidance in advance of the meeting. Piccard Dr., Rockville, MD 20850. Send Notice of this meeting is given under one self-addressed adhesive label to This guidance is being issued the Federal Advisory Committee Act (5 assist that office in processing your consistent with FDA’s GGPs regulation U.S.C. app. 2). request or fax your request to 301–443– (§ 10.115). The guidance represents the agency’s current thinking on CFTR gene Dated: October 18, 2005. 8818. See the SUPPLEMENTARY INFORMATION mutation detection systems. It does not Jason Brodsky, section for information on electronic access to the guidance. create or confer any rights for or on any Acting Associate Commissioner for External Submit written comments concerning person and does not operate to bind Relations. this guidance to the Division of Dockets FDA or the public. An alternative [FR Doc. 05–21350 Filed 10–25–05; 8:45 am] Management (HFA–305), Food and Drug approach may be used if such approach BILLING CODE 4160–01–S Administration, 5630 Fishers Lane, rm. satisfies the requirements of the 1061, Rockville, MD 20852. Submit applicable statute and regulations. electronic comments to http:// DEPARTMENT OF HEALTH AND III. Electronic Access www.fda.gov/dockets/ecomments. HUMAN SERVICES Identify comments with the docket To receive ‘‘Class II Special Controls Guidance Document: CFTR Gene Food and Drug Administration number found in brackets in the heading of this document. Mutation Detection Systems’’ by fax machine, call the CDRH Facts-On- FOR FURTHER INFORMATION CONTACT: [Docket No. 2005D–0392] Demand system at 800–899–0381 or Zivana Tezak, Center for Devices and 301–827–0111 from a touch-tone Guidance for Industry and Food and Radiological Health (HFZ–440), Food telephone. Press 1 to enter the system. Drug Administration Staff; Class II and Drug Administration, 2098 Gaither At the second voice prompt, press 1 to Special Controls Guidance Document: Rd., Rockville, MD 20850, 240–276– order a document. Enter the document Cystic Fibrosis Transmembrane 0597. number (1564) followed by the pound Conductance Regulator Gene Mutation SUPPLEMENTARY INFORMATION: sign (#). Follow the remaining voice Detection Systems; Availability I. Background prompts to complete your request. Persons interested in obtaining a copy AGENCY: Food and Drug Administration, Elsewhere in this issue of the Federal of the guidance may also do so by using HHS. Register, FDA is publishing a final rule the Internet. The Center for Devices and ACTION: Notice. classifying CFTR gene mutation Radiological Health (CDRH) maintains detection systems into class II (special an entry on the Internet for easy access SUMMARY: The Food and Drug controls) under section 513(f)(2) of the Administration (FDA) is announcing the to information, including text, graphics, Federal Food, Drug, and Cosmetic Act and files that may be downloaded to a availability of the guidance document (the act) (21 U.S.C. 360c(f)(2)). This entitled ‘‘Class II Special Controls personal computer with Internet access. guidance document will serve as the Updated on a regular basis, the CDRH Guidance Document: CFTR Gene special control for CFTR gene mutation Mutation Detection Systems.’’ This home page includes device safety alerts, detection systems. Section 513(f)(2) of Federal Register reprints, information guidance document describes a means the act provides that any person who by which cystic fibrosis transmembrane on premarket submissions (including submits a premarket notification under lists of approved applications, and conductance regulator (CFTR) gene section 510(k) of the act (21 U.S.C. mutation detection systems may comply manufacturers’ addresses), small 360(k)) for a device that has not manufacturer’s assistance, information with the requirements of special previously been classified may, within controls for class II devices. It includes on video conferencing and electronic 30 days after receiving an order submissions, Mammography Matters, recommendations for validation of classifying the device in class III under performance characteristics and and other device-oriented information. section 513(f)(1) of the act, request FDA The CDRH Web site may be accessed at recommendations for product labeling. to classify the device under the criteria Elsewhere in this issue of the Federal http://www.fda.gov/cdrh. A search set forth in section 513(a)(1) of the act. capability for all CDRH guidance Register, FDA is publishing a final rule FDA shall, within 60 days of receiving to classify CFTR gene mutation documents is available at http:// such a request, classify the device by www.fda.gov/cdrh/guidance.html. detection systems into class II (special written order. This classification shall controls). This guidance document is Guidance documents are also available be the initial classification of the device. on the Division of Dockets Management immediately in effect as the special Within 30 days after the issuance of an control for CFTR gene mutation Internet site at http://www.fda.gov/ order classifying the device, FDA must ohrms/dockets. detection systems, but it remains subject publish a notice in the Federal Register to comment in accordance with the announcing such classification. Because IV. Paperwork Reduction Act of 1995 agency’s good guidance practices of the timeframes established by section This guidance contains information (GGPs). 513(f)(2) of the act, FDA has collection provisions that are subject to DATES: Submit written or electronic determined, under § 10.115(g)(2) (21 review by the Office of Management and comments on this guidance at any time. CFR 10.115(g)(2)), that it is not feasible Budget (OMB) under the Paperwork
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Reduction Act of 1995 (the PRA) (44 ADDRESSES: Submit written requests for product to the RLD. This design is U.S.C. 3501–3520). The collections of single copies of this guidance to the consistent with the 1994 revision, information addressed in the guidance Division of Drug Information (HFD– which stated that the potassium document have been approved by OMB 240), Center for Drug Evaluation and chloride solution mentioned in the 1987 in accordance with the PRA under the Research, Food and Drug guidance was no longer necessary and regulations governing premarket Administration, 5600 Fishers Lane, recommended the use of a two- notification submissions (21 CFR part Rockville, MD 20857. Send one self- treatment, two-period, single-dose, 807, subpart E, OMB control number addressed adhesive label to assist that fasting study comparing test product 0910–0120). The labeling provisions office in processing your requests. with reference product. The FDA addressed in the guidance have been Submit written comments on the determined that the potassium chloride approved by OMB under OMB control guidance to the Division of Dockets solution arm is not necessary because number 0910–0485. Management (HFA–305), Food and Drug the objective of the bioequivalence study is to directly compare the rate and V. Comments Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. Submit extent of potassium absorption from the Interested persons may submit to the electronic comments to http:// test product and the reference product. Division of Dockets Management (see www.fda.gov/dockets/ecomments. See Therefore, the potassium chloride ADDRESSES), written or electronic the SUPPLEMENTARY INFORMATION section solution arm is not necessary for the comments regarding this document. for electronic access to the guidance test-versus-reference comparison and Submit a single copy of electronic document. adds unnecessary complexity to the comments or two paper copies of any statistical bioequivalance analysis. mailed comments, except that FOR FURTHER INFORMATION CONTACT: We also have decided not to individuals may submit one copy. Lizzie Sanchez, Center for Drug recommend the use of ANCOVA in the Comments are to be identified with the Evaluation and Research (HFD–650), final guidance. Analysis of variance docket number found in brackets in the Food and Drug Administration, 5600 (ANOVA) with baseline correction is heading of this document. Comments Fishers Lane, Rockville, MD 20857, adequate for bioequivalence analysis of received may be seen in the Division of 301–827–5847. pharmacokinetic data obtained Dockets Management between 9 a.m. SUPPLEMENTARY INFORMATION: following oral administration of and 4 p.m., Monday through Friday. I. Background potassium chloride drug products. The Dated: October 17, 2005. FDA concluded that using ANCOVA FDA is announcing the availability of with baseline as a covariate to analyze Linda S. Kahan, a guidance for industry entitled Deputy Director, Center for Devices and baseline-uncorrected data was not as ‘‘Potassium Chloride Modified-Release sensitive to changes in formulation Radiological Health. Tablets and Capsules: In Vivo [FR Doc. 05–21349 Filed 10–25–05; 8:45 am] performance as using ANOVA to Bioequivalence and In Vitro Dissolution analyze baseline-corrected data. BILLING CODE 4160–01–S Testing.’’ This guidance is intended to The dissolution testing and criteria for provide information to sponsors of waivers on in vivo testing for lower ANDAs on the design of bioequivalence DEPARTMENT OF HEALTH AND strengths are revised to reflect the studies for modified-release dosage HUMAN SERVICES changes outlined in the guidance forms of potassium chloride. entitled ‘‘Bioavailability and Food and Drug Administration A document entitled ‘‘Guidance for In Bioequivalence Studies for Orally Vivo Bioequivalence Study for Slow- Administered Drug Products—General [Docket No. 2002D–0307] (formerly 02D– Release Potassium Chloride Tablets/ Considerations,’’ available on the 0307) Capsules’’ was issued on May 15, 1987 Internet at http://www.fda.gov/cder/ Guidance for Industry on Potassium (1987 guidance), and revised on June 6, guidance/index.htm. Chloride Modified-Release Tablets and 1994 (1994 revision). The guidance was This guidance is being issued Capsules: In Vivo Bioequivalence and further revised to incorporate FDA’s consistent with FDA’s good guidance In Vitro Dissolution Testing; current thinking on the bioequivalence practices regulation (21 CFR 10.115). Availability requirements for potassium chloride The guidance represents the agency’s modified-release products and was current thinking on studies to AGENCY: Food and Drug Administration, issued in draft on August 7, 2002 (2002 demonstrate the bioequivalence of HHS. draft guidance) (67 FR 51284). potassium chloride modified-release ACTION: Notice. Comments were reviewed and tablets and capsules. It does not create incorporated. The most substantive or confer any rights for or on any person SUMMARY: The Food and Drug changes made are described in the and does not operate to bind FDA or the Administration (FDA) is announcing the following paragraphs. Editorial changes public. An alternative approach may be availability of a guidance for industry were also made and the final guidance used if such approach satisfies the entitled ‘‘Potassium Chloride Modified- is now available. requirements of the applicable statutes Release Tablets and Capsules: In Vivo In the 2002 draft guidance, the agency and regulations. Bioequivalence and In Vitro Dissolution recommended a three-way crossover Testing.’’ This guidance document design study comparing the reference II. Comments provides recommendations to sponsors listed drug (RLD) to both the generic Interested persons may submit to the of abbreviated new drug applications product and a solution of potassium Division of Dockets Management (see (ANDAs) on the design of chloride. The 2002 draft guidance also ADDRESSES) written or electronic bioequivalence studies for modified- recommended analysis of covariance comments on the guidance at any time. release dosage forms of potassium (ANCOVA) for the pharmacokinetic Submit a single copy of electronic chloride. parameters. comments or two paper copies of any DATES: Submit written or electronic The final guidance provides mailed comments, except that comments on agency guidances at any recommendations for a two-way individuals may submit one paper copy. time. crossover design comparing the generic Comments are to be identified with the
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docket number found in brackets in the Comments Invited aviation aircraft into and out of DCA in heading of this document. The guidance In accordance with the Paperwork accordance with the IFR, and armed and received comments are available for Reduction Act of 1995, (44 U.S.C. 3501 security officers (ASOs) approved in public examination in the Division of et seq.), an agency may not conduct or accordance with the IFR to submit Dockets Management between 9 a.m. sponsor, and a person is not required to fingerprints and other identifying and 4 p.m., Monday through Friday. respond to a collection of information, information. In addition, general aviation aircraft operators are required III. Electronic Access unless it displays a valid OMB control number. Therefore, in preparation for to provide TSA with identifying Persons with access to the Internet OMB review and approval of the information for all individuals onboard may obtain the document at either following information collection, TSA is each aircraft that operates into and out http://www.fda.gov/cder/guidance/ soliciting comments to— of DCA. General aviation aircraft index.htm or http://www.fda.gov/ (1) Evaluate whether the proposed operators also are required to provide ohrms/dockets/default.htm. information requirement is necessary for TSA with the flight plan and Dated: October 18, 2005. the proper performance of the functions registration number of their aircraft that Jeffrey Shuren, of the agency, including whether the will operate to or from DCA. Finally, Assistant Commissioner for Policy. information will have practical utility; aircraft operators and FBOs are required to nominate the individuals they would [FR Doc. 05–21347 Filed 10–25–05; 8:45 am] (2) Evaluate the accuracy of the like to be qualified as ASOs by BILLING CODE 4160–01–S agency’s estimate of the burden; (3) Enhance the quality, utility, and submitting an ASO Nomination Form to clarity of the information to be TSA. Once nominated, the ASOs are collected; and required to submit identifying DEPARTMENT OF HOMELAND (4) Minimize the burden of the information, as well as employment SECURITY collection of information on those who history information, by completing an are to respond, including using on-line application. Transportation Security Administration appropriate automated, electronic, Number of Respondents: 2,025. Estimated Annual Burden Hours: An mechanical, or other technological estimated 13,298 hours annually. [Docket No. TSA–2005–21866] collection techniques or other forms of information technology. Issued in Arlington, Virginia, on October Extension Agency Information 19, 2005. Collection Activity Under OMB Review: Information Collection Requirement Lisa S. Dean, Enhanced Security Procedures at Title: Enhanced Security Procedures Privacy Officer. Ronald Reagan National Airport (DCA) at Ronald Reagan National Airport [FR Doc. 05–21364 Filed 10–25–05; 8:45 am] AGENCY: Transportation Security (DCA). BILLING CODE 4910–62–P Administration (TSA), DHS. Type of Request: Extension of a currently approved collection. ACTION: Notice. OMB Control Number: 1652–0035. DEPARTMENT OF HOMELAND SUMMARY: This notice announces that Forms(s): ‘‘Flight Authorization SECURITY TSA has forwarded the Information Request Form,’’ ‘‘Armed Security Collection Request (ICR) abstracted Officer Nomination Form,’’ ‘‘FBO and U.S. Citizenship and Immigration below to the Office of Management and Operator Initial Information Survey.’’ Services Budget (OMB) for review and approval Affected Public: General aviation [CIS No. 2352–05] of an extension of the currently aircraft operators, crewmembers, and approved collection under the passengers. RIN 1615–ZA23 Paperwork Reduction Act. The ICR Abstract: On July 19, 2005, TSA published an interim final rule (IFR) to Adjustment of the Immigration Benefit describes the nature of the information Application Fee Schedule; Correction collection and its expected burden. TSA restore access to Ronald Reagan published a Federal Register notice, National Airport (DCA) for certain AGENCY: U.S. Citizenship and with a 60-day comment period soliciting aircraft operations while maintaining Immigration Services, Department of comments, of the following collection of the security of critical Federal Homeland Security. information on August 26, 2005, 70 FR Government and other assets in the ACTION: Notice of correction. 50391. Washington, DC metropolitan area. The SUMMARY: DATES: Send your comments by IFR amended 49 CFR part 1562 by U.S. Citizenship and November 25, 2005. A comment to OMB adding a new subpart B entitled Ronald Immigration Services (USCIS) published is most effective if OMB receives it Reagan-Washington National Airport: a notice in the Federal Register on within 30 days of publication. Enhanced Security Procedures for September 26, 2005 at 70 FR 56182 to Certain Operations. The IFR and this increase the fees for immigration benefit ADDRESSES: Comments may be faxed to information collection apply to all applications and petitions to account for the Office of Information and Regulatory passenger aircraft operations into or out cost increases due to inflation. In the fee Affairs, Office of Management and of DCA, except U.S. air carrier table of the September 26, 2005 notice, Budget, Attention: DHS–TSA Desk operations operating under a full USCIS added a footnote ‘‘6’’ next to the Officer, at (202) 395–5806. security program required by 49 CFR new fee for the Form N–600K. Footnote FOR FURTHER INFORMATION CONTACT: part 1544 and foreign air carrier ‘‘6’’ shows an increase in fee from $200 Katrina Wawer, Information Collection operations operating under 49 CFR to $215 for an application filed on Specialist, Office of Transportation 1546.101(a) or (b). TSA requires behalf of an adopted child (as compared Security Policy, TSA–9, Transportation individuals designated as security to the base fee increase from $240 to Security Administration, 601 South coordinators by Fixed Based Operators $255). The placement of this footnote 12th Street, Arlington, VA 22202–4220. (FBOs) and general aviation aircraft, and its lack of specificity regarding SUPPLEMENTARY INFORMATION: flight crewmembers who operate general which ‘‘application’’ it was meant to
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refer to have created some ambiguity ACTION: Notice. collection described below. This notice regarding the adopted child fee for the is soliciting comments from members of SUMMARY: The proposed information Form N–600, which similarly was the public and affecting agencies collection requirement described below adjusted from $200 to $215 (as concerning the proposed collection of has been submitted to the Office of compared to the new base fee of $255 information to: (1) Evaluate whether the referenced in the Notice). Accordingly, Management and Budget (OMB) for review, as required by the Paperwork proposed collection of information is this notice clarifies the prior notice by necessary for the proper performance of amending footnote ‘‘6’’ to state Reduction Act. The Department is soliciting public comments on the the functions of the agency, including specifically that it refers to both the whether the information will have Form N–600 and the Form N–600K. subject proposal. This request is for the clearance of a practical utility; (2) Evaluate the DATES: This correction is effective survey instrument that would gauge accuracy of the agency’s estimate of the October 26, 2005. current consumer perceptions of burden of the proposed collection of FOR FURTHER INFORMATION CONTACT: Paul factory-built housing technologies with information; (3) Enhance the quality, Schlesinger, Director, Office of Budget, as primary focus on panelized and utility, and clarity of the information to U.S. Citizenship and Immigration modular housing. One of the strategic be collected; and (4) Minimize the Services, 20 Massachusetts Ave., NW., goals outlined in HUD’s Partnership for burden of the collection of information Suite 4052, Washington, DC 20529, Advancing Technology in Housing is telephone (202) 272–1930. on those who are to respond; including the increased focus on attitudes, through the use of appropriate SUPPLEMENTARY INFORMATION: behaviors, and motives surrounding automated collection techniques or Need for Correction innovation. Measuring consumer other forms of information technology, perceptions of factory-build housing As published in the Federal Register e.g., permitting electronic submission of provides such insight, and will also on September 26, 2005 (70 FR 56182), responses. provide otherwise unavailable the Notice contains an error that is in information essential to measuring the This Notice Also Lists the Following need of correction for the purpose of effectiveness of PATH’s outreach and Information clarifying the Notice. promotional campaigns. Title of Proposal: Consumer Correction of Publication DATES: Comments Due Date: November Perceptions of Factory-Built Housing. Accordingly, the publication on 25, 2005. September 26, 2005 (70 FR 56182), of ADDRESSES: Interested persons are OMB Approval Number: 2528— the Notice that was the subject of FR invited to submit comments regarding Pending. Doc. 05–19226 is corrected as follows: this proposal. Comments should refer to Form Numbers: None. 1. On page 56184, immediately after the proposal by name and/or OMB the table, amend footnote ‘‘6’’ by approval Number (2528—Pending) and Description of the Need for the striking ‘‘an application’’ and inserting should be sent to: HUD Desk Officer, Information and Its Proposed Use ‘‘a Form N–600 or Form N–600K’’. Office of Management and Budget, New This request is for the clearance of a Executive Office Building, Washington, Dated: October 24, 2005. survey instrument that would gauge DC 20503; fax: 202–395–6974. Stephen Tarragon, current consumer perceptions of FOR FURTHER INFORMATION CONTACT: Acting Director, Regulatory Management factory-built housing technologies with Wayne Eddins, Reports Management Division. as primary focus on panelized and Officer, AYO, Department of Housing [FR Doc. 05–21483 Filed 10–24–05; 1:57 pm] modular housing. One of the strategic BILLING CODE 4410–10–P and Urban Development, 451 Seventh Street, SW., Washington, DC 20410; e- goals outlined in HUD’s Partnership for mail [email protected]; or Advancing Technology in Housing is Lillian Deitzer at the increased focus on attitudes, DEPARTMENT OF HOUSING AND _ _ behaviors, and motives surrounding URBAN DEVELOPMENT Lillian L [email protected] or telephone (202) 708–2374. This is not a innovation. Measuring consumer [Docket No. FR–4971-N–54] toll-free number. Copies of available perceptions of factory-build housing documents submitted to OMB may be provides such insight, and will also Notice of Submission of Proposed obtained from Mr. Eddins or Ms Deitzer. provide otherwise unavailable Information Collection To OMB; SUPPLEMENTARY INFORMATION: This information essential to measuring the Consumer Perceptions of Factory-Built effectiveness of PATH’s outreach and Housing notice informs the public that the Department of Housing and Urban promotional campaigns. AGENCY: Office of the Chief Information Development has submitted to OMB a Frequency of Submission: Once Only. Officer, HUD. request for approval of the information
Number of re- Annual × Hours per spondents responses response = Burden hours
Reporting Burden ...... 2,500 1 0.276 690
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Total Estimated Burden Hours: 690. Discharge of firearms or other device Dated: October 17, 2005. Status: New Collection. capable of firing a projectile into or Holly Hampton, Authority: Section 3507 of the Paperwork within the closed area posted ‘‘No Acting Group Manager, National Monuments Reduction Act of 1995, 44 U.S.C. 35, as Shooting or Safety Zone.’’ and National Conservation Areas, National amended. Penalties: The enforcement authority Landscape Conservation System. Dated: October 19, 2005. for this closure is found under Section [FR Doc. 05–21398 Filed 10–25–05; 8:45 am] 303(a) of the Federal Land Policy and BILLING CODE 4310–22–P Wayne Eddins, Management Act of 1976 (43 U.S.C. Departmental Paperwork Reduction Act 1733(a)) and 43 CFR 8360.0–7. Any Officer, Office of the Chief Information DEPARTMENT OF THE INTERIOR Officer. person who violates this closure may be tried before a United States Magistrate [FR Doc. E5–5920 Filed 10–25–05; 8:45 am] and fined no more than $1,000 or Bureau of Land Management BILLING CODE 4210–27–P imprisoned for no more than 12 months, [WY–100–05–1310–DB] or both. Such violations may also be subject to the enhanced fines provided Notice of Initiation of the Nomination DEPARTMENT OF THE INTERIOR for by 18 U.S.C. 3571. and Selection Process for the Pinedale Anticline Working Group, Sublette Bureau of Land Management Dated: July 21, 2005. Karla Bird, County, WY [OR–021–1040–PH–021H: G–5–0180] Andrews Resource Area Field Manager. AGENCY: Bureau of Land Management, Emergency Closure of Public Lands: [FR Doc. 05–21393 Filed 10–25–05; 8:45 am] Interior. Harney County, OR BILLING CODE 4310–33–P ACTION: Call for nominations for two individuals to serve as members of the AGENCY: Bureau of Land Management, Pinedale Anticline Working Group Interior. DEPARTMENT OF THE INTERIOR (PAWG) as part of the adaptive SUMMARY: Notice is hereby given that Bureau of Land Management environmental management program for certain public lands are temporarily the Pinedale Anticline Project Area in closed to public use for the purpose of [CO–134–1610–DQ] Southwestern Wyoming. The PAWG has discharge of firearms, from September 1, two vacancies on its advisory group for 2005 to August 31, 2006. The authorized Notice of Extension of the Call for which the Bureau of Land Management BLM officer has determined that Nominations for the McInnis Canyons (BLM) is seeking nominees: A public-at- shooting within one-quarter mile of National Conservation Area (NCA) large member and a representative from Frenchglen, Oregon, may be a safety Advisory Council the Sublette County Government. hazard to the residents. During the closure period, BLM will prepare AGENCY: Bureau of Land Management, DATES: All nominations should be National Environmental Policy Act Interior. postmarked before or on the date 30 documentation to consider a permanent ACTION: Notice. days from the publication of this notice closure. in the Federal Register. Final selections The closed area occurs on BLM land SUMMARY: The Bureau of Land will be made by the Secretary of the around Frenchglen, Oregon, in Management (BLM) is extending the call Interior and serve at her discretion. Willamette Meridian, T. 32 S., R. 32 E., for nominations for ten membership ADDRESSES: You can obtain information Section 02, Lots 3 and 4 east of the 115 positions on the McInnis Canyons and a copy of the Notice for the kV power transmission line OR–012617, National Conservation Area Advisory Nomination and Selection process by S1⁄2NW1⁄4 east of the 115kV power Council. The original notice calling for writing or visiting the following offices: transmission line OR–012617, N1⁄2SW1⁄4 nominations published in the Federal Bureau of Land Management, Wyoming north of Hwy 205, E1⁄2SW1⁄4 east of Register on September 14, 2005 [70 FR State Office, 5353 Yellowstone Road, Elbow Springs Road, SW1⁄4SE1⁄4 east of 54403]. The original deadline for the P.O. Box 1828, Cheyenne, Wyoming Elbow Springs Road. call for nominations was October 14, 82003; Bureau of Land Management, Closure signs will be posted at main 2005. The purpose of this notice is to Pinedale Field Office, 432 East Mill entry points to the area and along the extend the nomination period until Street, P.O. Box 768, Pinedale, boundary as necessary. Maps of the October 31, 2005. The Council advises Wyoming 82941. closure area and information may be the Secretary and the BLM on resource management issues associated with the SUMMARY: On August 15, 2002, the obtained from the BLM Burns District Secretary of the Interior signed the Office and at various locations in Burns, McInnis Canyons NCA and Black Ridge Canyons Wilderness. Charter to establish the Pinedale Hines, and Frenchglen. Anticline Working Group (PAWG). DATES: The emergency closure will take DATES: Submit a completed nomination Several interest groups, governmental effect from September 1, 2005 to August form and nomination letters to the agencies, and local interests are 31, 2006. address listed below no later than represented on the PAWG. Individuals FOR FURTHER INFORMATION CONTACT: October 31, 2005. or groups interested in completing the Karla Bird, Andrews Resource Area ADDRESSES: Send completed remainder of the 2-year membership Field Manager, BLM, Burns District nominations to: McInnis Canyons NCA term of the PAWG should submit the Office, 28910 Hwy 20 West, Hines, Manager, Grand Junction Field Office, specified information within 30 days of Oregon 97738, (541) 573–4400. Bureau of Land Management, 2815 H publication of this notice in the Federal Discussion of the Rules: Pursuant to Road, Grand Junction, CO 81506. Register. 43 CFR 8364.1 the following is FOR FURTHER INFORMATION CONTACT: Nominations and supporting prohibited on lands administered by Maggie Langlas, Program Analyst NLCS, documentation should be sent to: BLM within the closed area of Andrews (202) 491–9725, Bureau of Land Management, Pinedale Resource Area: [email protected]. Field Office, ATTN: Mike Stiewig,
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PAWG Coordinator, P.O. Box 768, A. Representative Groups: Public-at- Meeting topics will include a Center Pinedale, Wyoming 82941. large member and representative from Update, Marketing, and other topics as FOR FURTHER INFORMATION CONTACT: Sublette County government. may come before the board. The meeting Mike Stiewig, PAWG Coordinator, BLM, B. Nominee’s Full Name: is open to the public. Public comment Pinedale Field Office, P.O. Box 768, C. Business Address: is scheduled for 10 to 10:15 a.m. Pinedale, Wyoming 82941, telephone D. Business Phone: FOR FURTHER INFORMATION CONTACT: (307) 367–5363. E. Home Address: Additional information concerning the F. Home Phone: SUPPLEMENTARY INFORMATION National Historic Oregon Trail : On August G. Occupation/Title: 15, 2004, the Secretary of the Interior H. Qualifications (education Interpretive Center Advisory Board may renewed the Charter that established the including colleges, degrees, major field be obtained from Debbie Lyons, Public Pinedale Anticline Working Group. of study and/or training): Affairs Officer, Bureau of Land Members were appointed for a 2-year I. Career Highlights (significant Management Vale District Office, 100 term on May 24, 2004. There are related experience, civic and Oregon Street, Vale, Oregon 97918, currently two vacancies for members (541) 473–6218, e-mail: professional activities, elected offices, _ whose term would be completed on prior advisory committee experience, or Debra [email protected]. May 24, 2006. The Charter establishes career achievements related to the Dated: October 20, 2005. several membership selection criteria interest to be represented): David R. Henderson, and operational procedures for the J. Experience in collaborative District Manager. PAWG. These are listed as follows: management techniques, such as long (1) The PAWG will be composed of 9 [FR Doc. 05–21336 Filed 10–25–05; 8:45 am] term planning, management across BILLING CODE 4310–33–P members who reside in the State of jurisdictional boundaries, data sharing, Wyoming. The PAWG members will be information exchange and partnerships: appointed by and serve at the pleasure K. Experience in data analysis and DEPARTMENT OF THE INTERIOR of the Secretary of Interior. interpretation, problem identification (2) Members of the PAWG will be as and evaluation of proposals: Bureau of Land Management follows: • L. Knowledge of issues involving oil A representative from the State of and gas development: [ES–030–1430–ET; WIES 032707] Wyoming Office of Federal Land Policy. M. Indicate Specific Area of Interest • A representative from the Town of Notice of Proposed Withdrawal to be Represented from the following: Extension and Correction of Public Pinedale. One representative from the public-at- • A representative from the oil/gas Land Order No. 6619; Opportunity for large or one representative from Sublette operators active in the Pinedale Public Meeting; Wisconsin County Government. Anticline area. N. List any leases, license, permits, AGENCY: • A representative from the Sublette Bureau of Land Management, contracts or claims that you hold which County Government. Interior. • A representative from statewide or involve lands or resources administered ACTION: Notice. local environmental groups. by the BLM: • A representative from the O. Attach two or three Letters of SUMMARY: As required by 43 CFR landowners within or bordering the Reference from interests or organization 2310.3–1, notice is hereby given that the Pinedale Anticline area. to be represented: Bureau of Land Management (BLM) • A representative of livestock P. Nominated by: Include Nominator’s proposes to extend Public Land Order operators operating within or bordering name, address and telephone number(s), (PLO) No. 6619 for an additional 20-year the Pinedale Anticline area. if applicable. period. This order withdrew 4,107 acres • Two members from the public-at- Q. Date of nomination: of public land in Juneau County, large. Dated: September 16, 2005. Wisconsin, from surface entry and (3) Members should have Robert A. Bennett, reserved the land for use by the U.S. demonstrated an ability to analyze and State Director. Fish and Wildlife Service to manage in conjunction with the Necedah National interpret data and information, evaluate [FR Doc. 05–21390 Filed 10–25–05; 8:45 am] proposals, identify problems, and Wildlife Refuge. This notice also gives BILLING CODE 4310–22–P promote the use of collaborative an opportunity to comment on the management techniques (such as, long proposed action and to request a public term planning, management across DEPARTMENT OF THE INTERIOR meeting. This notice also corrects an jurisdictional boundaries, data sharing, error in the legal description published information exchange, and Bureau of Land Management in the Federal Register on July 25, 1986 partnerships), and a knowledge of issues (51 FR 26687). [OR–038–1220–AL; HAG 06–0010] involving oil and gas development DATES: Comments and requests for a activities. Meeting Notice for National Historic public meeting must be received by (4) PAWG members will be appointed Oregon Trail Interpretive Center January 24, 2006. for 2-year terms, subject to removal by Advisory Board ADDRESSES: Comments and meeting the Secretary of the Interior. At the requests should be sent to the State discretion of the Secretary of the AGENCY: U.S. Department of the Interior, Director, BLM-Eastern States, 7450 Interior, members may be reappointed Bureau of Land Management, Vale Boston Boulevard, Springfield, Virginia to additional terms. District. 22153. Individuals who wish to become a SUMMARY: The National Historic Oregon member of the PAWG should complete Trail Interpretive Center Advisory Board FOR FURTHER INFORMATION CONTACT: Ed and submit the following information to will meet December 6, 2005, 8 a.m. to Ruda, BLM-Eastern States, 703–440– the Pinedale Field Office by close of 12 p.m. (PST) at the Best Western 1663. business, 30 days after the publication Sunridge Inn, One Sunridge Way, Baker SUPPLEMENTARY INFORMATION: The of this notice in the Federal Register: City, Oregon. withdrawal created by PLO No. 6619
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will expire on July 24, 2006, unless proposed withdrawal extension. All Hoh Indian Tribe of the Hoh Indian extended. The U.S. Fish and Wildlife interested persons who desire a public Reservation, Washington; Jamestown Service has filed an application to meeting for the purpose of being heard S’Klallam Tribe of Washington; Lower extend PLO No. 6619. This withdrawal on the proposed withdrawal extension Elwha Tribal Community of the Lower was made to allow management of the must submit a written request to the Elwha Reservation, Washington; Lummi following described land as part of the State Director, BLM-Eastern States Tribe of the Lummi Reservation, Necedah National Wildlife Refuge: within 90 days from the date of Washington; Makah Indian Tribe of the publication of this notice. If the Fourth Principal Meridian Makah Indian Reservation, Washington; authorized officer determines that a Muckleshoot Indian Tribe of the T. 18 N., R. 2 E., public meeting will be held, a notice of Muckleshoot Reservation, Washington; Secs. 1 and 12. the time and place will be published in T. 18 N., R. 3 E., Nisqually Indian Tribe of the Nisqually Secs. 6, 7, 8, 9, 15, and 16 (Those parts the Federal Register at least 30 days Reservation, Washington; Nooksack lying south and west of Grand Dike before the scheduled date of the Indian Tribe of Washington; Port Road); sec. 17. meeting. Gamble Indian Community of the Port The area described contains 4,107 acres in This withdrawal extension proposal Gamble Reservation, Washington; Juneau County. will be processed in accordance with Puyallup Tribe of the Puyallup the regulations set forth in 43 CFR Reservation, Washington; Quileute The legal description above has been 2310.4. Tribe of the Quileute Reservation, corrected to include only those parts of Washington; Quinault Tribe of the sec. 16 in T. 18 N., R. 3 E., lying south (Authority: 43 CFR 2310.3–1) Quinault Reservation, Washington; and west of Grand Dike Road. There is Dated: October 19, 2005. Samish Indian Tribe, Washington; no change in the total acres. Ann B. Aldrich, Shoalwater Bay Tribe of the Shoalwater The purpose of the proposed Acting State Director, Eastern States. extension is to continue the withdrawal Bay Indian Reservation, Washington; [FR Doc. 05–21394 Filed 10–25–05; 8:45 am] Skokomish Indian Tribe of the created by PLO No. 6619 for an BILLING CODE 4310–55–P additional 20-year term to allow the Skokomish Reservation, Washington; U.S. Fish and Wildlife Service to Squaxin Island Tribe of the Squaxin Island Reservation, Washington; continue to manage the land as part of DEPARTMENT OF THE INTERIOR the Necedah National Wildlife Refuge. Stillaguamish Tribe of Washington; There are no suitable alternative sites National Park Service Swinomish Indians of the Swinomish since the lands described herein contain Reservation, Washington; Tulalip Tribes the natural resources and improvements Notice of Inventory Completion: of the Tulalip Reservation, Washington; of interest for protection. American Museum of Natural History, and Upper Skagit Indian Tribe of No water rights will be needed to New York, NY Washington. fulfill the purpose of the requested AGENCY: National Park Service, Interior. withdrawal. For a period of 90 days In 1903, human remains representing ACTION: Notice. from the date of publication of this a minimum of five individuals were notice, all persons who wish to submit Notice is here given in accordance collected from a site on the north side comments, suggestions, or objections in with the Native American Graves of River Road, east of the North and connection with the proposed Protection and Repatriation Act South Branch Road, in the vicinity of withdrawal may present their views in (NAGPRA), 25 U.S.C. 3003, of the Tampico, Yakima County, WA, by writing to the State Director of the BLM- completion of an inventory of human Harlan I. Smith. No known individuals Eastern States. remains and associated funerary objects were identified. The 31 associated Comments, including names and in the possession of the American funerary objects are 1 bone point, 25 street addresses of respondents, will be Museum of Natural History, New York, dentalium shells (10 of them engraved), available for public review at the BLM- NY. The human remains and associated 4 pieces of charcoal, and 1 bone. Eastern States, Milwaukee Field Office, funerary objects were removed from These individuals have been 626 E. Wisconsin Avenue, Suite 200, Yakima and Kittitas Counties, WA. identified as Native American based on Milwaukee, Wisconsin 53202 during This notice is published as part of the geographic and archeological evidence. regular business hours 7:30 a.m. to 4:30 National Park Service’s administrative The human remains were recovered p.m., Monday through Friday, except responsibilities under NAGPRA, 25 from a volcanic ash knoll. The lack of holidays. Individual respondents may U.S.C. 3003 (d)(3). The determinations postcontact artifacts, the presence of request confidentiality. If you wish to in this notice are the sole responsibility incised dentalium shells, and the form withhold your name or address from of the museum, institution, or Federal of interment in a river valley location public review or from disclosure under agency that has control of the Native suggest a late precontact date for the the Freedom of Information Act, you American human remains and remains. must state this prominently at the associated funerary objects. The beginning of your comments. Such National Park Service is not responsible In 1903, human remains representing requests will be honored to the extent for the determinations in this notice. a minimum of one individual were allowed by law. All submissions from A detailed assessment of the human collected from a site in the vicinity of organizations or businesses, and from remains was made by American North Yakima, east of the mouth of the individuals identifying themselves as Museum of Natural History professional Naches River, north side of a hill, representatives or officials of staff in consultation with Yakima County, WA, by Harlan I. organizations or businesses, will be representatives of the Confederated Smith. No known individual was made available for public inspection in Tribes of the Chehalis Reservation, identified. No associated funerary their entirety. Washington; Confederated Tribes and objects are present. Notice is hereby given that an Bands of the Yakama Nation, The individual has been identified as opportunity for a public meeting is Washington; Confederated Tribes of the Native American based on geographic afforded in connection with the Warm Springs Reservation of Oregon; evidence and burial practice. The use of
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a rockslide grave suggests a late slope inhumation, a form of burial In 1903, human remains representing precontact date for the remains. consistent with the postcontact a minimum of one individual were In 1903, human remains representing practices of Sahaptin speakers of the collected from a site on the south side a minimum of one individual were area. The presence of cedar slabs in the of Yakima Ridge, Yakima County, WA, collected from the James McWhirter 20 grave also suggests a postcontact date by Harlan I. Smith. The site is 1 mile Acre Farm, in the vicinity of North for these remains. The cedar slabs are east of the confluence of the Yakima and Yakima, Yakima County, WA, by Harlan not part of the museum’s collection. Naches Rivers. No known individual I. Smith. The site is 12 miles up the In 1903, human remains representing was identified. No associated funerary Naches River along the north side, on a minimum of two individuals were objects are present. the crest of a foothill terrace. No known collected from the east side of an This individual has been identified as individual was identified. The one escarpment running south of the Native American based on geographic associated funerary object is a shell Columbia River, near the head of Priest information and burial type. The disk. Rapids, 2 miles southwest of Mr. Craig’s remains were found in a talus slope, house, Kittitas County, WA, by Harlan which suggests a postcontact age. The The individual has been identified as I. Smith. No known individuals were presence of rush matting in the grave Native American based on geographic identified. The two associated funerary also suggests a postcontact date for the evidence and burial practice. The lack objects are one roll of birch bark and remains. The rush matting is not part of of post-contact artifacts, the presence of one piece of stitched rush matting. the museum’s collection. a cut disk shell bead, and the river The individuals have been identified In 1903, human remains representing valley location of the bluff pebble grave as Native American based on the kinds a minimum of four individuals were suggest a late precontact date for the of associated funerary objects and burial collected from a site on the north side human remains. type. The remains were found interred of the Naches River, 1/2 mile above the in a talus slope, a form of burial confluence of the Yakima and Naches In 1903, human remains representing Rivers, Yakima County, WA, by Harlan consistent with the postcontact a minimum of one individual were I. Smith. No known individuals were practices of Sahaptin speakers of the collected from a site at Priest Rapids, identified. The 91 associated funerary area. The presence of upright wood Kittitas County, WA, by Harlan I. Smith. objects are 4 wooden pieces of a fire posts, bark, and matting in the grave The site is along the western bank of the drill, 20 dog or wolf bones, 1 partial also suggests a postcontact date for the Columbia River, 5 miles south of Mr. decorated bow, 3 basket fragments, 1 remains. The wood posts are not part of Craig’s house. No known individual was fragment of rush mat, approximately 50 the museum’s collection. identified. No associated funerary copper tubes and beads, 4 bone tubes, In 1903, human remains representing objects are present. 1 bone point, 1 perforated stone The individual has been identified as a minimum of 10 individuals were cylinder, 3 stone flakes, and 3 projectile Native American based on geographic collected from Mr. Bull’s farm, 7 miles points. evidence and burial practice. The south of Ellensburg, Kittitas County, The individuals have been identified remains were found in a sand grave WA, by Harlan I. Smith. The site is east as Native American based on the type of covered with flat river stones. The of Cherry Creek in the western associated funerary objects and the form location of the grave in a river valley extension of the Saddle Mountains. No of burial. The two graves were talus suggests a late precontact date for the known individuals were identified. The slope interments of a form used by the remains. 1295 associated funerary objects are 5 postcontact Shahaptin speakers who pieces of leather, 109 shells, 28 glass occupied the area. The associated In 1903, human remains representing beads, 3 iron bracelets, 1 perforated funerary objects also suggest a a minimum of one individual were bone disk, 1 freshwater shell fragment, postcontact date for the remains. collected from a site at Priest Rapids, 1 reed mat fragment, 1 reed mat In 1903, human remains representing Kittitas County(?), WA, by Harlan I. fragment with hide and copper and a minimum of two individuals were Smith. The site is at the edge of the shell beads, 1 piece of animal fur, 3 collected from a site in the vicinity of Columbia River, 12 miles north of Mr. pieces of matting, 1098 copper, glass, Selah, Yakima County, WA, by Harlan Craig’s house. No known individual was and shell beads strung on fiber and I. Smith. No known individuals were identified. The four associated funerary leather, 4 shell ornaments (including 1 identified. No associated funerary objects are one stone mortar and three nose ornament), 2 copper pendants, 4 objects are present. pestles. metal bracelets, 5 rodent teeth, 1 copper The individuals have been identified The individual has been identified as disk pendant, 1 wood knot hole, 1 piece as Native American based on the form Native American based on geographic of iron, 1 fragment of fabric of burial. The graves were talus slope evidence and burial practice. The incorporating feathers and fur, 1 copper interments of a form used by the remains were found in a sand grave ornament, 1 brass pendant with copper postcontact Sahaptin speakers who covered with river cobbles. The location head, 1 metal pendant with leather occupied the area. The presence of of the grave in a river valley suggests a thong, 1 piece of shell, 13 iron cones, 2 wood in both graves, and leather and late precontact date for the remains. iron pendants, 2 antler fragments, 1 desiccated soft tissue in one grave may In 1903, human remains representing triangular copper object, 2 shell suggest a postcontact date for the a minimum of one individual were pendants, and 1 unidentified shell remains. The wood and leather are not collected from a site 10 miles north of object. part of the museum’s collection. the head of Priest Rapids on the In 1903, human remains representing Columbia River, 8 miles above Mr. The individuals have been identified a minimum of one individual were Craig’s house, Kittitas County, WA, by as Native American based on the kinds collected from a site 2 miles northeast Harlan I. Smith. No known individual of associated funerary objects and type of the mouth of the Naches, south of the was identified. No associated funerary of burial. The presence of postcontact Yakima River in Yakima County, WA, objects are present. funerary objects and the use of talus by Harlan I. Smith. No known The individual has been identified as slope for interment suggest a individual was identified. No associated Native American based on the talus postcontact date for these remains. funerary objects are present.
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The individual has been identified as Confederated Tribes of the Chehalis the definition of ‘‘unassociated funerary Native American based on the form of Reservation, Washington; Confederated object’’ under 25 U.S.C. 3001. The burial. The grave was a talus slope Tribes and Bands of the Yakama Nation, cultural item was removed from the Gila interment of a form used by the Washington; Confederated Tribes of the National Forest, Catron County, NM. postcontact Sahaptin speakers who Warm Springs Reservation of Oregon; This notice is published as part of the occupied the area. The presence of Hoh Indian Tribe of the Hoh Indian National Park Service’s administrative pieces of cedar in the grave suggests a Reservation, Washington; Jamestown responsibilities under NAGPRA, 25 postcontact date for the remains. The S’Klallam Tribe of Washington; Lower U.S.C. 3003 (d)(3). The determinations pieces of cedar are not part of the Elwha Tribal Community of the Lower in this notice are the sole responsibility museum’s collection. Elwha Reservation, Washington; Lummi of the museum, institution, or Federal The geographic location of all of the Tribe of the Lummi Reservation, agency that has control of the cultural sites described above is consistent with Washington; Makah Indian Tribe of the items. The National Park Service is not the early postcontact territory of Makah Indian Reservation, Washington; responsible for the determinations in Sahaptin speakers who are ancestors of Muckleshoot Indian Tribe of the this notice. the Confederated Tribes and Bands of Muckleshoot Reservation, Washington; The cultural item is a small San the Yakama Nation, Washington. The Nisqually Indian Tribe of the Nisqually Francisco Red pottery jar. burial type described by Mr. Smith for Reservation, Washington; Nooksack A detailed assessment of the cultural all of the remains reported here is Indian Tribe of Washington; Port item was made by the U.S. Department consistent with the late precontact and Gamble Indian Community of the Port of Agriculture, Forest Service, Gila postcontact burial practices of the Gamble Reservation, Washington; National Forest and the Field Museum Confederated Tribes and Bands of the Puyallup Tribe of the Puyallup of Natural History professional staff in Yakama Nation, Washington. Experts in Reservation, Washington; Quileute consultation with the Hopi Tribe, Oregon Plateau archeology suggest that Tribe of the Quileute Reservation, Arizona; Pueblo of Acoma, New Mexico; there has been cultural continuity from Washington; Quinault Tribe of the and Zuni Tribe of the Zuni Reservation, late precontact to the postcontact period Quinault Reservation, Washington; New Mexico. In 1954, the cultural item was in this area. Samish Indian Tribe, Washington; removed from Valley View Pueblo in Officials of the American Museum of Shoalwater Bay Tribe of the Shoalwater the Gila National Forest, Catron County, Natural History have determined that, Bay Indian Reservation, Washington; NM, during legally authorized pursuant to 25 U.S.C. 3001 (9–10), the Skokomish Indian Tribe of the excavations and collected by Dr. Paul S. human remains described above Skokomish Reservation, Washington; Martin of the Field Museum of Natural represent the physical remains of 30 Squaxin Island Tribe of the Squaxin History, Chicago, IL. In August 2005, the individuals of Native American Island Reservation, Washington; Field Museum of Natural History, ancestry. Officials of the American Stillaguamish Tribe of Washington; Chicago, IL, found an unassociated Museum of Natural History also have Swinomish Indians of the Swinomish determined that, pursuant to 25 U.S.C. funerary object among its collections Reservation, Washington; Tulalip Tribes that had been taken from Gila National 3001 (3)(A), the 1,424 objects described of the Tulalip Reservation, Washington; above are reasonably believed to have Forest, Catron County, NM, by Dr. and Upper Skagit Indian Tribe of Martin. Unassociated funerary objects been placed with or near individual Washington that this notice has been human remains at the time of death or removed from Gila National Forest, published. later as part of the death rite or Catron County, NM, were previously ceremony. Lastly, officials of the Dated: September 30, 2005 published in the Federal Register of American Museum of Natural History Sherry Hutt, June 1, 2005, FR Doc. 05–10805, page have determined that, pursuant to 25 Manager, National NAGPRA Program. 31510, and in a subsequently corrected U.S.C. 3001 (2), there is a relationship [FR Doc. 05–21330 Filed 10–25–05; 8:45 am] Notice of Intent to Repatriate published of shared group identity that can be BILLING CODE 4312–50–S in the Federal Register on August 3, reasonably traced between the Native 2005, FR Doc. 05–15322, page 44687. American human remains and Material culture, architecture, and site associated funerary objects and the DEPARTMENT OF THE INTERIOR organization indicate that Valley View Confederated Tribes and Bands of the Pueblo is an Upland Mogollon site Yakama Nation, Washington. National Park Service occupied between A.D. 550 and 1150. Representatives of any other Indian The territory of the Upland Mogollon Notice of Intent to Repatriate a Cultural tribe that believes itself to be culturally stretched from south-central Arizona to Item: U.S. Department of Agriculture, affiliated with the human remains and south-central New Mexico. The Upland Forest Service, Gila National Forest, associated funerary objects should Mogollon territories are claimed, Silver City, NM, and Field Museum of contact Nell Murphy, Director of currently inhabited, or used by the Hopi Natural History, Chicago, IL Cultural Resources, American Museum Tribe, Arizona; Pueblo of Acoma, New of Natural History, Central Park West at AGENCY: National Park Service, Interior. Mexico; and Zuni Tribe of the Zuni 79th Street, New York, NY 10024–5192, ACTION: Notice. Reservation, New Mexico. Most telephone (212) 769–5837, before archeological evidence linking Upland November 25, 2005. Repatriation of the Notice is here given in accordance Mogollon to present-day Indian tribes human remains and associated funerary with the Native American Graves relies on ceramics that suggest cultural objects to the Confederated Tribes and Protection and Repatriation Act connections between these groups. Bands of the Yakama Nation, (NAGPRA), 25 U.S.C. 3005, of the intent Present-day descendants of the Upland Washington may proceed after that date to repatriate a cultural item in the Mogollon are the Hopi Tribe, Arizona; if no additional claimants come control of the U.S. Department of Pueblo of Acoma, New Mexico; and forward. Agriculture, Forest Service, Gila Zuni Tribe of the Zuni Reservation, New National Forest, Silver City, NM, and in Mexico. Oral traditions preserved in the The American Museum of Natural the possession of the Field Museum of ethnographic literature and presented History is responsible for notifying the Natural History, Chicago, IL, that meets by representatives of the Hopi Tribe,
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Arizona; Pueblo of Acoma, New Mexico; Notice is here given in accordance and drumstick, to the Horner Collection, and Zuni Tribe of the Zuni Reservation, with the Native American Graves Oregon State University. New Mexico support cultural affiliation. Protection and Repatriation Act The museum records for the drum (NAGPRA), 25 U.S.C. 3005, of the intent and drumstick state that they were Officials of the U.S. Department of to repatriate cultural items in the originally made by Moses Lane of the Agriculture, Forest Service, Gila possession of the Horner Collection, Siletz Reservation, OR. A cultural National Forest have determined that, Oregon State University, Corvallis, OR, representative of the Confederated pursuant to 25 U.S.C. 3001 (3)(B), the that meet the definition of Tribes of the Siletz Reservation, Oregon cultural item described above is ‘‘unassociated funerary objects’’ under has said that the drum and drumstick reasonably believed to have been placed 25 U.S.C. 3001. would have been used to enhance the with or near individual human remains This notice is published as part of the spiritual development of the owner. at the time of death or later as part of National Park Service’s administrative Traditionally, the drum and drumstick the death rite or ceremony and is responsibilities under NAGPRA, 25 would have been uniquely and solely believed, by a preponderance of the U.S.C. 3003 (d)(3). The determinations connected to the owner and would have evidence, to have been removed from a in this notice are the sole responsibility been buried with the owner. specific burial site of an Native of the museum, institution, or Federal Furthermore, according to museum American individual. Officials of the agency that has control of the cultural records, a note attached to the drum U.S. Department of Agriculture, Forest items. The National Park Service is not reads, ‘‘You will notice that the Service, Gila National Forest have also responsible for the determinations in framework is hand made and cut out determined that, pursuant to 25 U.S.C. this notice. with crude tools. The cover is tanned 3001 (2), there is a relationship of The five cultural items are one drum, horsehide. These drums are used at shared group identity that can be one drumstick, one Coho or shinny tribal ceremonies, dances, games etc. reasonably traced between the stick, one trinket basket, and one wallet and are generally buried with the unassociated funerary object and the basket. Three of the cultural items are remains of the owner.’’ Hopi Tribe, Arizona; Pueblo of Acoma, part of the Dr. J.L. Hill collection. The Horner Collection, Oregon State New Mexico; and Zuni Tribe of the Zuni Horner Collection, Oregon State University has no evidence the drum Reservation, New Mexico. University professional staff consulted and drumstick were ever buried with Representatives of any other Indian with representatives of the Confederated Moses Lane or any other individual. tribe that believes itself to be culturally Tribes of the Grand Ronde Community However, museum records state that Dr. affiliated with the unassociated funerary of Oregon; Confederated Tribes of the Hill was known to have collected object should contact Dr. Frank E. Siletz Reservation, Oregon; Karuk Tribe human remains and cultural items from Wozniak, NAGPRA Coordinator, of California; Quinault Tribe of the burials and mounds. Based on Southwestern Region, USDA Forest Quinault Reservation, Washington; and consultation and museum records, the Service, 333 Broadway Blvd., SE, Shoalwater Bay Tribe of the Shoalwater Horner Collection, Oregon State Albuquerque, NM 87102, telephone Bay Indian Reservation, Washington. University finds that the intent was to The Museum of Oregon Country, (505) 842–3238, before November 25, maintain the spiritual connection Oregon Agricultural College acquired 2005. Repatriation of the unassociated between owner and object through the the collection from Dr. Hill’s son and funerary object to the Hopi Tribe, burial of the cultural items with their daughter in 1925. The Museum of Arizona; Pueblo of Acoma, New Mexico; owner and has therefore identified the Oregon Country was renamed the John cultural items as unassociated funerary and Zuni Tribe of the Zuni Reservation, B. Horner Museum of the Oregon New Mexico may proceed after that date objects. Country in 1936, and became commonly At an unknown date, one shinny or if no additional claimants come known as the Horner Museum. The Coho stick was removed from an forward. Oregon Agricultural College was unknown location by Dr. Hill. In 1921, renamed the Oregon State College in The U.S. Department of Agriculture, Dr. Hill’s heirs loaned the cultural item 1937, and became Oregon State Forest Service, Gila National Forest is to the museum. In the 1981 gift University in 1962. In 1981, Dr. Hill’s responsible for notifying the Hopi Tribe, agreement, Dr. Hill’s heirs, transferred heirs, Emily Hill Ward and her son, Arizona; Pueblo of Acoma, New Mexico; ownership of Dr. Hill’s entire collection, Fred Ward signed a gift agreement and Zuni Tribe of the Zuni Reservation, including the shinny or Coho stick, to transferring ownership of Dr. Hill’s New Mexico that this notice has been the Horner Collection, Oregon State entire collection to the museum. The published. University. Horner Museum closed in 1995. Dated: September 12, 2005. Currently, cultural items from the According to museum records the Sherry Hutt, Horner Museum are referred to as the shinny or Coho stick was created by Manager, National NAGPRA Program. Horner Collection, which is owned by, Andrew Smith of the Siletz Reservation, [FR Doc. 05–21331 Filed 10–25–05; 8:45 am] and in the possession of, Oregon State OR. A cultural representative of the BILLING CODE 4312–50–S University. Confederated Tribes of the Siletz At an unknown date, one drum and Reservation, Oregon has said that the drumstick were removed from the Siletz shinny or Coho stick would have been DEPARTMENT OF THE INTERIOR Reservation, OR, by Mr. C.S. Davis. In used to enhance the spiritual 1921, Dr. J.L. Hill’s heirs loaned the development of the owner. Therefore, a National Park Service drum and drumstick to the Museum of shinny or Coho stick would have been Oregon Country. It is believed that Mr. uniquely and solely connected to the Notice of Intent to Repatriate Cultural Davis had given the cultural items to Dr. owner, and traditionally such items Items: Horner Collection, Oregon State Hill specifically to donate to the were buried with the owner. The Horner University, Corvallis, OR Museum of Oregon Country. In the 1981 Collection, Oregon State University has AGENCY: National Park Service, Interior. gift agreement, Dr. Hill’s heirs no evidence that the shinny or Coho transferred ownership of Dr. Hill’s stick was ever buried with Andrew ACTION: Notice. entire collection, including the drum Smith or any other individual. However,
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museum records state that Dr. Hill was affiliated with the unassociated funerary The Museum of Oregon Country, known to have collected human remains objects should contact Sabah Randhawa, Oregon Agricultural College was and cultural items from burials and Executive Vice President and Provost, renamed the John B. Horner Museum of mounds. Based on consultation and President’s Office, Oregon State the Oregon Country in 1936, and museum records, the Horner Collection, University, 600 Kerr Administration became commonly known as the Horner Oregon State University finds that the Building, Corvallis, OR 97331, Museum. The Oregon Agricultural intent was to maintain the spiritual telephone (541) 737–8260, before College was renamed the Oregon State connection between owner and object November 25, 2005. Repatriation of the College in 1937, and became Oregon through the burial of this cultural item unassociated funerary objects to the State University in 1962. The Horner with its owner and has therefore Confederated Tribes of the Siletz Museum closed in 1995. Currently, identified the cultural item as an Reservation, Oregon may proceed after cultural items from the Horner Museum unassociated funerary object. that date if no additional claimants are referred to as the Horner Collection, At an unknown date, one trinket come forward. which is owned by, and in the basket and one wallet basket were Horner Collection, Oregon State possession of, Oregon State University. removed from an unknown location by University is responsible for notifying At an unknown time, human remains Mr. W.C. Dyer. In 1934, Mrs. S.C. Dyer, the Confederated Tribes of the Grand representing a minimum of one the wife of Mr. Dyer, donated the trinket Ronde Community of Oregon; individual were removed from an basket and wallet basket to the museum. Confederated Tribes of the Siletz unknown site near Yachats in Lincoln The Horner Collection, Oregon State Reservation, Oregon; Karuk Tribe of County, OR. In 1968, the human University has no evidence the trinket California; Quinault Tribe of the remains were donated by Mrs. P. and wallet baskts were ever buried with Quinault Reservation, Washington; and Mitchell to the John B. Horner Museum any individual. However, museum Shoalwater Bay Tribe of the Shoalwater of the Oregon Country. Mrs. Mitchell records state that Mr. Dyer was known Bay Indian Reservation, Washington told museum staff that the human to have collected human remains and that this notice has been published. remains were found near Yachats. It is cultural items from burials and mounds. Dated:September 28, 2005 unknown if the human remains were Based on consultation and museum Sherry Hutt, removed by Mrs. Mitchell. No known records, the Horner Collection, Oregon Manager, National NAGPRA Program. individual was identified. No associated State University has identified the funerary objects are present. [FR Doc. 05–21329 Filed 10–25–05; 8:45 am] cultural items as unassociated funerary The human remains have been objects. BILLING CODE 4312–50–S identified as Native American dating to According to museum records, both precontact times based on typical tooth the trinket and wallet baskets are wear. Historical documents, DEPARTMENT OF THE INTERIOR Clatsop in origin. Any direct Clatsop ethnographic sources, and oral history descendant who meets the Confederated National Park Service indicate that many of the tribes that are Tribes of the Siletz Reservation, Oregon members of the present-day enrollment criteria is eligible for Notice of Inventory Completion: Confederated Tribes of the Siletz membership in the Confederated Tribes Horner Collection, Oregon State Reservation, Oregon have occupied of the Siletz Reservation, Oregon. The University, Corvallis, OR these areas since precontact times, Clatsop are ancestors of the present-day including the Alsea/Siuslaw tribe. The Chinook Tribe. The Chinook Tribe has AGENCY: National Park Service, Interior. Alsea/Siuslaw tribe represents the cultural and political ties to the ACTION: Notice. Alsea, Lower Umpqua, Siuslaw, Confederated Tribes of the Siletz Yachats, and Yaquina Native American Reservation, Oregon. The Chinook Tribe Notice is here given in accordance groups. The Alsea/Siuslaw tribe was a is a confederated member of the with the Native American Graves signatory to the Oregon Coast Treaty of Confederated Tribes of the Siletz Protection and Repatriation Act 1855. In 1857, the Alsea/Siuslaw were Reservation, Oregon. (NAGPRA), 25 U.S.C. 3003, of the located on the Siuslaw River, Lane Officials of the Horner Collection, completion of an inventory of human County, OR, and their traditional Oregon State University have remains in the possession of the Horner territory extended south to Heceta Head, determined that, pursuant to 25 U.S.C. Collection, Oregon State University, Lane County, OR (Harris 1858). Yachats 3001 (3)(B), the five cultural items Corvallis, OR. The human remains were is near the border of Lane and Lincoln described above are reasonably believed removed from Curry and Lincoln Counties, OR. The Alsea/Siuslaw tribe’s to have been placed with or near Counties, OR. traditional territopry includes both individual human remains at the time of This notice is published as part of the counties. The Alsea/Siuslaw tribe is one death or later as part of the death rite National Park Service’s administrative of the member tribes of the or ceremony and are believed, by a responsibilities under NAGPRA, 25 Confederated Tribes of the Siletz preponderance of the evidence, to have U.S.C. 3003 (d)(3). The determinations Reservation, Oregon and by 1875, the been removed from specific burial sites in this notice are the sole responsibility Alsea/Siuslaw tribe was residing on the of Native American individuals. of the museum, institution, or Federal Siletz Reservation. Therefore, the Officials of the Horner Collection, agency that has control of the Native Confederated Tribes of the Siletz Oregon State University also have American human remains. The National Reservation, Oregon have a connection determined that, pursuant to 25 U.S.C. Park Service is not responsible for the to the area nearYachats that includes 3001 (2), there is a relationship of determinations in this notice. both Lane and Lincoln Counties, OR. shared group identity that can be A detailed assessment of the human The Alsea/Siuslaw tribe is a distinct and reasonably traced between the five remains was made by Horner Collection, separate tribe, and distinguished from unassociated funerary objects and the Oregon State University professional the Alcea band of Tillamooks, which Confederated Tribes of the Siletz staff in consultation with brought a land claim to the Indian Reservation, Oregon. representatives of the Confederated Claims Commission in 1955. Representatives of any other Indian Tribes of the Siletz Reservation, Oregon At an unknown date, human remains tribe that believes itself to be culturally and the Coquille Tribe of Oregon. representing a minimum of 16
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individuals were removed from an Reservation, Oregon and Coquille Tribe from the People’s Republic of China is unknown site near Pistol River, Curry of Oregon that this notice has been being imported into the United States in County, OR. In 1970, Mrs. Dorothy published. such increased quantities or under such Timeus donated the human remains to Dated: September 28, 2005 conditions as to cause or threaten to the museum. According to Mrs. Timeus, Sherry Hutt, cause market disruption to the domestic the human remains are Native American producers of like or directly competitive Manager, National NAGPRA Program. and were found in the sand dunes near products.3 (70 FR 58746, October 7, the Pistol River. It is unknown if the [FR Doc. 05–21332 Filed 10–25–05; 8:45 am] 2005). human remains were removed by Mrs. BILLING CODE 4312–50–S Recommendations on Proposed Timeus. No known individuals were Remedies identified. No associated funerary objects are present. INTERNATIONAL TRADE Chairman Stephen Koplan and A letter written by Mr. Harmon COMMISSION Commissioner Charlotte R. Lane Timeus, Mrs. Timeus’ son, states, ‘‘I [Investigation No. TA–421–6] propose that the President impose an have checked with several authorities annual quota of 160,000 short tons on concerning the Indian skulls and Circular Welded Non-Alloy Steel Pipe imports of circular welded non-alloy relics...they are all from the To-To-Tin From China steel pipe from China for a three-year tribe. There were many smaller groups period. They further recommend that, if of this tribe. The Chetl-essen-tans is the Determination applications are filed, the President specific group which inhabited the land On the basis of information developed direct the U.S. Department of Commerce where the relics were found.’’ The in the subject investigation, the United and the U.S. Department of Labor to authorities cited in the letter are States International Trade Commission provide expedited consideration of unknown. The tribe mentioned in the determines, pursuant to section trade adjustment assistance for firms letter is most likely the Chet-less-ing-ton 421(b)(1) of the Trade Act of 1974,1 that and/or workers affected by the subject Band of Too-too-to-ney tribe, who were circular welded non-alloy steel pipe 2 imports. located at the eddy of Pistol River in the Commissioner Jennifer A. Hillman 1800s. The Chet-less-ing-ton were 1 19 U.S.C. 2451(b)(1). and Commissioner Shara L. Aranoff signatories to the Oregon Coast Treaty of 2 The products subject to this investigation propose that the President impose a 1855 and by 1857 the Chet-less-ing-ton include certain welded carbon quality steel pipes tariff-rate quota for a period of three and tubes, of circular cross-section, with an outside were residing on the reservation of the diameter of 0.372 inches (9.45 mm) or more, but not years on imports of circular welded Confederated Tribes of the Siletz more than 16 inches (406.4 mm), regardless of wall non-alloy steel pipe from China as Reservation, Oregon (Harris, 1858). The thickness, surface finish (black, galvanized, or follows: 267,468 short tons in the first Chet-less-ing-ton are a subgroup of the painted), end finish (plain end, beveled end, year of relief, 280,841 short tons in the grooved, threaded, or threaded and coupled), or Athabaskan/Tututni, which is one of the industry specification (ASTM, proprietary, or second year, and 308,925 short tons in member tribes of the Confederated other), generally known as standard pipe and the third year, with subject pipe entered Tribes of the Siletz Reservation, Oregon. structural pipe (they may also be referred to as within the quota subject to the current structural or mechanical tubing). The term carbon rate of duty of ‘‘Free,’’ and over-quota quality steel may include certain low alloy steel Officials of the Horner Collection, imported as other alloy steel pipes and tubes. imports subject to a duty of 25 percent Oregon State University have All pipe meeting the physical description set ad valorem. They further recommend determined that, pursuant to 25 U.S.C. forth above that is used in, or intended for use in, that, if applications are filed, the 3001 (9–10), the human remains standard and structural pipe applications is covered President direct the U.S. Department of described above represent the physical by the scope of this investigation. Standard pipe applications include the low-pressure conveyance Commerce and the U.S. Department of remains of 17 individuals of Native of water, steam, natural gas, air and other liquids Labor to provide expedited American ancestry. Officials of the and gases in plumbing and heating systems, air consideration of any petitions for trade Horner Collection, Oregon State conditioning units, automatic sprinkler systems, adjustment assistance filed by firms or Unversity also have determined that, and other related uses. Standard pipe may also be used for light load-bearing and mechanical workers affected by the subject imports. pursuant to 25 U.S.C. 3001 (2), there is applications, such as for fence tubing, and as an a relationship of shared group identity intermediate product for protection of electrical Background that can be reasonably traced between wiring, such as conduit shells. Structural pipe is Following receipt of a petition, on the Native American human remains used in construction applications. August 2, 2005, on behalf of Allied Tube Products not included in this investigation are and the Confederated Tribes of the mechanical tubing (whether or not cold-drawn) and Conduit Corp., Harvey, IL; IPSCO Siletz Reservation, Oregon. provided for in HTS subheading 7306.30.50, tube Tubulars, Inc., Camanche, IA; Maruichi Representatives of any other Indian and pipe hollows for redrawing provided for in American Corp., Santa Fe Springs, CA; tribe that believes itself to be culturally HTS 7306.30.5035, or finished electrical conduit Maverick Tube Corp., Chesterfield, MO; provided for in HTS 7306.30.5028. API line pipe affiliated with the human remains used in oil or gas applications requiring API should contact Sabah Randhawa certifications is also not included in this Pipe multiple-stenciled to the ASTM A–53 Executive Vice President and Provost, investigation. Similarly, pipe produced to the API specification and to any other specification, such as President’s Office, Oregon State specifications for oil country tubular goods use are the API–fL or 5L X–42 specifications, or single- not included in this investigation. certified pipe that enters under HTS subheading University, 600 Kerr Administration The subject imported products are currently 7306.10.10, is covered by this investigation when Building, Corvallis, OR 97331, provided for in the Harmonized Tariff Schedule of used in, or intended for use in, one of the standard telephone (541) 737–8260, before the United States (HTS) subheadings 7306.30.10 pipe applications listed above, regardless of the November 25, 2005. Repatriation of the and 7306.30.50. Specifically, the various HTS HTS category in which it is entered. Pipe shells that statistical reporting numbers under which the enter the United States under HTS subheading human remains to the Confederated subject standard pipe has been provided for since 7306.30.50, including HTS statistical reporting Tribes of the Siletz Reservation, Oregon January 1, 1992, are as follows: 7306.30.1000, number 7306.30.5028, are also covered by this may proceed after that date if no 7306.30.5025, 7306.30.5032, 7306.30.5040, investigation. The investigation also covers pipe additional claimants come forward. 7306.30.5055, 7306.30.5085, and 7306.30.5090. used for the production of scaffolding (but does not Although the HTS category is provided for include finished scaffolding). Horner Collection, Oregon State convenience and Customs purposes, the written 3 Vice Chairman Deanna Tanner Okun and University is responsible for notifying description of the merchandise under investigation Commissioner Daniel R. Pearson make a negative the Confederated Tribes of the Siletz is dispositive. determination.
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Sharon Tube Co., Sharon, PA; Western States, the sale for importation, and the scanners or scan engines, components Tube Conduit Corp., Long Beach, CA; sale within the United States after thereof or products containing same by Wheatland Tube Co., Wheatland, PA.; importation of certain laser bar code reason of infringement of one or more of and the United Steelworkers of scanners and scan engines, components claim 48 of U.S. Patent No. 5,262,627, America, AFL–CIO, Pittsburgh, PA; the thereof and products containing same claims 7, 13, 14, 17, and 18 of U.S. Commission instituted investigation No. by reason of infringement of claim 48 of Patent No. 5,545,889, claims 17 and 18 TA–421–06, Circular Welded Non-Alloy U.S. Patent No. 5,262,627, claims 7, 13, of U.S. Patent No. 5,917,173, claims 2 Steel Pipe from China, under section 14, 17, and 18 of U.S. Patent No. and 21 of U.S. Patent No. 5,457,308, and 421(b) of the Act to determine whether 5,545,889, claims 17 and 18 of U.S. claims 1, 2, and 4–6 of U.S. Patent No. circular welded non-alloy steel pipe Patent No. 5,917,173, claims 2 and 21 of 6,220,514, and whether an industry in from China is being imported into the U.S. Patent No. 5,457,308, and claims 1, the United States exists as required by United States in such increased 2, and 4–6 of U.S. Patent No. 6,220,514. subsection (a)(2) of section 337. quantities or under such conditions as The complaint further alleges that an (2) For the purpose of the to cause or threaten to cause market industry in the United States exists as investigation so instituted, the following disruption to the domestic producers of required by subsection (a)(2) of section are hereby named as parties upon which like or directly competitive products. 337. this notice of investigation shall be Notice of the institution of the The complainant requests that the served: Commission’s investigation and of the Commission institute an investigation (a) The complainant is—Symbol scheduling of a public hearing to be and, after the investigation, issue a Technologies, Inc., One Symbol Plaza, held in connection therewith was given permanent limited exclusion order and Holtsville, New York 11742–1300. by posting a copy of the notice on the cease and desist orders. (b) The respondents are the following Commission’s Web site (www.usitc.gov) ADDRESSES: The complaint, except for entities alleged to be in violation of and by publishing the notice in the any confidential information contained section 337, and are the parties upon Federal Register of August 10, 2005 (70 therein, is available for inspection which the complaint is to be served: FR 46543). The hearing was held on during official business hours (8:45 a.m. Metro (Suzhou) Technologies Co., Ltd., September 16, 2005 in Washington, DC; to 5:15 p.m.) in the Office of the 221 Xing Hai Street, Suzhou Industrial all persons who requested the Secretary, U.S. International Trade Park, Suzhou, China. Metrologic opportunity were permitted to appear in Commission, 500 E Street, SW., Room Instruments, Inc., 90 Coles Road, person or by counsel. 112, Washington, DC 20436, telephone Blackwood, New Jersey 08012. (c) Kevin Baer, Esq., Office of Unfair The views of the Commission are 202–205–2000. Hearing impaired Import Investigations, U.S. International contained in USITC Publication 3807 individuals are advised that information Trade Commission, 500 E Street, SW., (October 2005), entitled Circular Welded on this matter can be obtained by Suite 401, Washington, DC 20436, who Non-alloy Steel Pipe from China: contacting the Commission’s TDD shall be the Commission investigative Investigation No. TA–421–6. terminal at 202–205–1810. Persons with mobility impairments who will need attorney, party to this investigation; and Issued: October 21, 2005. special assistance in gaining access to (3) For the investigation so instituted, By order of the Commission. the Commission should contact the the Honorable Charles E. Bullock is Marilyn R. Abbott, Office of the Secretary at 202–205–2000. designated as the presiding Secretary to the Commission. General information concerning the administrative law judge. [FR Doc. 05–21395 Filed 10–25–05; 8:45 am] Commission may also be obtained by Responses to the complaint and the notice of investigation must be BILLING CODE 7020–02–P accessing its Internet server at http:// www.usitc.gov. The public record for submitted by the named respondents in this investigation may be viewed on the accordance with section 210.13 of the INTERNATIONAL TRADE Commission’s electronic docket (EDIS) Commission’s Rules of Practice and COMMISSION at http://edis.usitc.gov. Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(d) and 210.13(a), such FOR FURTHER INFORMATION CONTACT: [Inv. No. 337–TA–551] responses will be considered by the Kevin Baer, Esq., Office of Unfair Import Commission if received not later than 20 In the Matter of Certain Laser Bar Code Investigations, U.S. International Trade days after the date of service by the Scanners and Scan Engines, Commission, telephone 202–205–2221. Commission of the complaint and the Components Thereof and Products Authority: The authority for institution of notice of investigation. Extensions of Containing Same; Notice of this investigation is contained in section 337 time for submitting responses to the Investigation of the Tariff Act of 1930, as amended, and complaint and the notice of in section 210.10 of the Commission’s Rules AGENCY: International Trade of Practice and Procedure, 19 CFR 210.10 investigation will not be granted unless Commission. (2005). good cause therefor is shown. ACTION: Institution of investigation Failure of a respondent to file a timely Scope of Investigation pursuant to 19 U.S.C. 1337. response to each allegation in the Having considered the complaint, the complaint and in this notice may be SUMMARY: Notice is hereby given that a U.S. International Trade Commission, deemed to constitute a waiver of the complaint was filed with the U.S. on October 19, 2005, Ordered that— right to appear and contest the International Trade Commission on (1) Pursuant to subsection (b) of allegations of the complaint and this September 23, 2005, under section 337 section 337 of the Tariff Act of 1930, as notice, and to authorize the of the Tariff Act of 1930, as amended, amended, an investigation be instituted administrative law judge and the 19 U.S.C. 1337, on behalf of Symbol to determine whether there is a Commission, without further notice to Technologies, Inc. of Holtsville, New violation of subsection (a)(1)(B) of the respondent, to find the facts to be as York. An amended complaint was filed section 337 in the importation into the alleged in the complaint and this notice on October 14, 2005. The complaint, as United States, the sale for importation, and to enter a final determination amended, alleges violations of section or the sale within the United States after containing such findings, and may 337 in the importation into the United importation of certain laser bar code result in the issuance of a limited
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exclusion order or cease and desist the amount of $12.25 ($.25 per page site: http://www.usdoj.gov/enrd/ order or both directed against the reproduction cost. open.html. A copy of the Consent respondent. Decree may also be obtained by mail Ellen M. Mahan, By order of the Commission. from the Consent Decree Library, U.S. Assistant Chief, Environmental Enforcement Department of Justice, P.O. Box 7611, Issued: October 20, 2005. Section, Environment and Natural Resources Ben Franklin Station, Washington, DC Marilyn R. Abbott, Division. 20044–7611, or by faxing or E-mailing a [FR Doc. 05–21363 Filed 10–25–05; 8:45 am] Secretary to the Commission. request to Tonia Fleetwood [FR Doc. 05–21317 Filed 10–25–05; 8:45 am] BILLING CODE 4410–15–M ([email protected]), fax number BILLING CODE 7020–02–P (202) 514–0097, phone confirmation DEPARTMENT OF JUSTICE number (202) 514–1547. When requesting a copy from the Consent DEPARTMENT OF JUSTICE Notice of Lodging of Partial Consent Decree Library, please enclose a check Decree Under the Clean Water Act in the amount of $25.25 (25 cents per Notice of Lodging of Consent Decree page reproduction cost) payable to the Under the Clean Air Act Notice is hereby given that on October U.S. Treasury. 6, 2005, a proposed Consent Decree in Under 28 CFR 50.7, notice is hereby United States and Department of Ellen M. Mahan, given that on October 12, 2005, a Health, State of Hawaii v. Hawaii Assistant Section Chief, Environmental proposed consent decree in United Department of Transportation, Civil Enforcement Section, Environment and States v. ARCO Terminal Services Corp., Action No. 05–00636 was lodged with Natural Resources. Case No. 05–07358, was lodged with the the United States District Court for the [FR Doc. 05–21362 Filed 10–25–05; 8:45 am] United States District Court for the District of Hawaii. BILLING CODE 4410–15–M Central District of California. The United States and the Department In this action, the United States of Health, State of Hawaii (‘‘DOH’’), sought injunctive relief and civil brings this action against the State of DEPARTMENT OF JUSTICE penalties under Section 113 of the Clean Hawaii Department of Transportation Air Act (‘‘CAA’’), against ARCO (‘‘HDOT’’), pursuant to Sections 309(b) Notice of Lodging of Consent Decree Terminal Services Corp. (‘‘ATSC’’) for and (d), of the Clean Water Act (‘‘CWA’’ Between the United States of America failure to use the required control or ‘‘the Act’’), 33 U.S.C. 1319(b) and (d) and Fremont Lumber Company, Kerr- equipment to control emissions that and Sections 342D–50(a) of the Hawaii McGee Company and Western Nuclear, resulted in 294 separate loading events Revised Statutes (2004). The Consent Inc., Under the Comprehensive that were subject to the control Decree provides for extensive injunctive Environmental Response, requirements of Rule 1142 at its marine relief, civil penalties, and two Compensation, and Liability Act loading facility in Long Beach, supplemental environmental projects California. The Consent Decree requires (‘‘SEP’’s). Pursuant to the terms of the Under 28 CFR 50.7, notice is hereby ATSC to employ its existing control first project, HDOT will create an given that on October 14, 2005, a technology on all loading events subject Environmental Management System proposed Consent Decree (‘‘Consent to the requirements of Rule 1142 and to (‘‘EMS’’) for the operations at HDOT’s Decree’’), in the case of United States v. pay a civil penalty of $225,000. airports, harbors, and highways that Kerr-McGee Corp., et al., Civil Action The Department of Justice will receive incorporate Best Management Practices No. 04–CV–00032 (D. OR.), has been for a period of thirty (30) days from the and Pollution Prevention at each of its lodged with the United States District date of this publication comments facilities. Court for the District of Oregon. relating to the consent decree. Under the terms of the second project, The Complaint sought performance of Comments should be addressed to the HDOT will develop and conduct work and the recovery of costs incurred Assistant Attorney General, ‘‘Compliance Assistance Workshops’’ in connection with the response action Environment and Natural Resources for construction contractors and will taken at the White King/Lucky Lass Division, P.O. Box 7611, U.S. sponsor them at six locations on four of Superfund Site (‘‘Site’’) in Lakeview Department of Justice, Washington, DC the islands, Hawaii, Kauai, Maui and County, Oregon. Under the terms of this 20044–7611, and should refer to United Oahu. Consent Decree Defendants agree to: (1) States v. ARCO Terminal Services Corp., Pursuant to 28 C.F.R. 50.7, the United Implement the remaining remedial D.J. Ref. #90–5–2–1–06988. States Department of Justice will action at the Site; (2) pay approximately The proposed Consent Decree may be receive, for a period of thirty (30) days $3 million in past costs incurred by EPA examined during the public comment from the date of this publication, and the United States Department of period on the following United States comments relating to the Consent Agriculture, Forest Service; (3) pay a Department of Justice Web site: http:// Decree. Comments should be addressed civil penalty of $ 50,000; (4) perform a www.usdoj.gov/enrd/open.html. A copy to the U.S. Department of Justice, Supplemental Environmental Project for of the Consent Decree may also be Assistance Attorney General, their failure to timely comply with an obtained by mail from the Consent Environmental and Natural Resources existing Unilateral Administrative Order Decree Library, U.S. Department of Division, P.O. Box 7611, Ben Franklin (‘‘UAO’’); (5) grant a covenant not to sue Justice, P.O. Box 7611, Ben Franklin Station, Washington, DC 20044–7611, for all claims against the United States; Station, Washington, DC 20044–7611, or and should refer to United States and and (6) dismiss a citizen suite under by faxing or E-mailing a request to Tonia Department of Health, State of Hawaii CERCLA Section 310. In addition, as Fleetwood ([email protected]), v. Hawaii Department of part of this settlement the United States fax number (202) 514–0097, phone Transportation, Civil Action No. 05– agress to pay Defendants $2,000,000 to confirmation number (202) 514–1547. 00636, D.J. Ref. No. 90–5–1–1–07488. resolve the contribution claims that When requesting a copy from the The Consent Decree may be examined have been asserted against U.S. Forest Consent Decree Library, please enclose during the public comment period on Service and other federal agencies. In a check, payable to the U.S. Treasury, in the following Department of Justice Web exchange, the United States will provide
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a covenant not to sue and contribution Comments should be sent to Office of Affected Public: Business or other for- protection to all of the Defendants. Information and Regulatory Affairs, profit and Not-for-profit institutions. The Department of Justice will receive Attn: OMB Desk Officer for the Bureau Estimated Number of Respondents: for a period of thirty (30) days from the of Labor Statistics (BLS), Office of 17,052. date of this publication comments Management and Budget, Room 10235, Annual Responses: 17,832. relating to the Consent Decree. Washington, DC 20503, 202–395–7316 Total Annual Burden Hours: 72,587. Comments should be addressed to the (this is not a toll-free number), within Total Annualized capital/startup Assistant Attorney General, 30 days from the date of this publication costs: $0. Environment and Natural Resources in the Federal Register. Total Annual Costs (operating/ Division, P.O. Box 7611, U.S. The OMB is particularly interested in maintaining systems or purchasing Department of Justice, Washington, DC comments which: services): $0. 20044–7611, and should refer to United • Evaluate whether the proposed Description: Clause (iii) of section States v. Kerr-McGee Corp., et al., Civil collection of information is necessary 309(2)(15)(a)(1)(A) of the Workforce Action No. 04–CV–00032 (D. OR.), D.J. for the proper performance of the Investment Act states that the Secretary Ref. 90–11–2–923; 90–11–2–923/1; 90– functions of the agency, including of Labor shall oversee the development, 11–6–06011; 90–11–6–06011/1. whether the information will have maintenance, and continuous The Consent Decree may be examined practical utility; improvement of the incidence of, at the Office of the United States • Evaluate the accuracy of the industrial and geographical location of, Attorney, District of Oregon, 1000 SW. agency’s estimate of the burden of the and number of workers displaced by, Third Avenue, Suite 600 Portland, Ore. proposed collection of information, permanent layoffs and plant closings. and at U.S. EPA Region 10, 1200 6th including the validity of the Ira L. Mills, Ave, Seattle, WA. During the public methodology and assumptions used; Departmental Clearance Officer. comment period, the Consent Decree • Enhance the quality, utility, and may be examined on the following [FR Doc. 05–21359 Filed 10–25–05; 8:45 am] clarity of the information to be BILLING CODE 4510–24–P Department of Justice Web site: http:// collected; and www.usdoj.gov/enrd/open.html. A copy • Minimize the burden of the of the Consent Decree may also be collection of information on those who DEPARTMENT OF LABOR obtained by mail from the Consent are to respond, including through the Decree Library, P.O. Box 7611, U.S. use of appropriate automated, Office of the Secretary Department of Justice, Washington, DC electronic, mechanical, or other 20044–7611, or by faxing or e-mailing a technological collection techniques or Submission for OMB Review: request to Tonia Fleetwood other forms of information technology, Comment Request ([email protected]), fax no. e.g., permitting electronic submission of (202) 514–0097, phone confirmation October 20, 2005. responses. number (202) 514–1547. In requesting a The Department of Labor (DOL) has Agency: Bureau of Labor Statistics. copy from the Consent Decree Library, submitted the following public Type of Review: Revision of a please enclose a check in the amount of information collection request (ICR) to currently approved collection. $13.50 (25 cents per page reproduction the Office of Management and Budget Title: Point of Purchase Survey. cost, without attachments) payable to (OMB) for review and approval in OMB Number: 1220–0044. the United States Treasury for payment. accordance with the Paperwork Type of Response: Reporting. Reduction Act of 1995 (Pub. L. 104–13, Robert E. Maher, Jr., Frequency: Quarterly. 44 U.S.C. Chapter 35). A copy of this Assistant Section Chief, Environmental Affected Public: Individuals or ICR, with applicable supporting Enforcement Section, Environment and households. Natural Resources Division. documentation, may be obtained by Estimated Number of Respondents: calling the Department of Labor. To [FR Doc. 05–21361 Filed 10–25–05; 8:45 am] 22,627. obtain documentation contact Ira Mills BILLING CODE 4410–15–M Annual Responses: 59,964. on 202–693–4122 (this is not a toll-free Total Annual Burden Hours: 11,993. number) or E-Mail: [email protected]. Total Annualized capital/startup Comments should be sent to Office of DEPARTMENT OF LABOR costs: $0. Information and Regulatory Affairs, Total Annual Costs (operating/ Office of the Secretary Attn: OMB Desk Officer for ETA, Office maintaining systems or purchasing of Management and Budget, Room services): $0. 10235, Washington, DC 20503, 202– Submission for OMB Review: Description: The purpose of this Comment Request 395–7316 (this is not a toll free number), collection is to develop and maintain a within 30 days from the date of this October 20, 2005. timely list of retail, wholesale, and publication in the Federal Register. The Department of Labor (DOL) has service establishments at which people The OMB is particularly interested in submitted the following public shop for specific consumer items. The comments which: information collection requests (ICRs) to information collected is used to select • Evaluate whether the proposed the Office of Management and Budget establishments for pricing market based collection of information is necessary (OMB) for review and approval in items as needed for the Consumer Price for the proper performance of the accordance with the Paperwork Index. functions of the agency, including Reduction Act of 1995 (Pub. L. 104–13, Agency: Bureau of Labor Statistics. whether the information will have 44 U.S.C. chapter 35). A copy of each Type of Review: Extension of a practical utility; ICR, with applicable supporting currently approved collection. • Evaluate the accuracy of the documentation, may be obtained by Title: Mass Layoff Statistics Program. agency’s estimate of the burden of the contacting Darrin King on 202–693– OMB Number: 1220–0090. proposed collection of information, 4129 (this is not a toll-free number) or Type of Response: Reporting. including the validity of the e-mail: [email protected]. Frequency: Quarterly and Monthly. methodology and assumptions used;
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• Enhance the quality, utility and paperwork and respondent burden the locations of fixed surface and clarity of the information to be conducts a preclearance consultation underground mine facilities and collected; and program to provide the general public equipment, escapeway routes, coal • Minimize the burden of the and Federal agencies with an haulage and man and materials haulage collection of information on those who opportunity to comment on proposed entries and other information essential are to respond, including through the and/or continuing collections of to mine rescue or mine fire fighting use of appropriate automated, information in accordance with the activities in the event of mine fire, electronic, mechanical, or other Paperwork Reduction Act of 1995 explosion or inundations of gas or technological collection techniques or (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This water. The information is essential to other forms of information technology, program helps to ensure that requested the safe operation of adjacent mines and e.g., permitting electronic submission of data can be provided in the desired mines approaching the worked out areas responses. format, reporting burden (time and of active or abandoned mines. Section Agency: Employment and Training financial resources) is minimized, 75.372 requires underground mine Administration (ETA). collection instruments are clearly operators to submit three copies of an Type of Review: Extension of understood, and the impact of collection up-to-date mine map to the District currently approved collection. requirements on respondents can be Manager at intervals not exceeding 12 Title: Labor Certification for the properly assessed. months. Temporary Employment of DATES: Submit comments on or before Title 30 CFR 75.1204 and 75.1204–1 Nonimmigrant Aliens in Agriculture in December 27, 2005. require that whenever an underground the United States: Administrative ADDRESSES: Send comments to U.S. coal mine operator permanently closes Measures to Improve Program Department of Labor, Mine Safety and or abandons a coal mine, or temporarily Performance. Health Administration, John Rowlett, closes a coal mine for a period of 90 OMB Number: 1205–0404. Director, Management Services days, the operator shall file with MSHA Frequency: On occasion. Division, 1100 Wilson Boulevard, Room a copy of the mine map revised and Affected Public: Businesses or other 2134, Arlington, VA 22209–3939. supplemented to the date of closure. for-profits, Farms. Commenters are encouraged to send Maps are retained in a repository and Type of Response: Reporting. their comments on a computer disk, or are made available to mine operators of Number of Respondents: 335. via Internet E-mail to adjacent properties. The maps are Annual Responses: 335. [email protected], along with an necessary to provide an accurate record Average Response time: 15 minutes. of underground areas that have been Total Annual Burden Hours: 84. original printed copy. Mr. Rowlett can mined to help prevent active mine Total Annualized Capital/Startup be reached at (202) 693–9827 (voice), or operators from mining into abandoned Costs: 0. (202) 693–9801 (facsimile). areas that may contain water or harmful Total Annual Costs (operating/ FOR FURTHER INFORMATION CONTACT: gases. maintaining systems or purchasing Contact the employee listed in the services): 0. ADDRESSES section of this notice. Title 30 CFR 77.1200, 77.1201 and Description: 20 CFR 655.106(e) SUPPLEMENTARY INFORMATION: 77.1202 require surface coal mine operators to maintain an accurate and required employers of nonimmigrant I. Background foreign (H–2A) workers in agriculture in up-to-date map of the mine and the United States to notify their State Title 30 CFR 75.1200, 75.1200–1, specified the information to be shown Workforce Agency if such an employee 75.1201, 75.1202, 75.1202–1, and on the map, the acceptable range of map departs prior to or remains after a 75.1203 require underground coal mine scales, that the map be certified a scheduled departure date. operators to have in a fireproof registered engineer or surveyor, that the repository in an area on the surface of map be available for inspection by the Ira L. Mills, the mine chosen by the mine operator Secretary or his authorized Departmental Clearance Officer. to minimize the danger of destruction representative. These maps are essential [FR Doc. 05–21360 Filed 10–25–05; 8:45 am] by fire or other hazards, an accurate and for the safe operation of the mine and BILLING CODE 4510–30–P up-to-date map of such mine drawn on provide essential information to scale. These standards specify the operators of adjacent surface and information which must be shown, the underground mine operators. Properly DEPARTMENT OF LABOR range of acceptable scale, the surveying prepared effectively utilized surface technique or equivalent accuracy mine maps can prevent outbursts of Mine Safety and Health Administration required of the surveying which must be water impounded in underground mine used to prepare the map, that the maps workings and/or inundations of Proposed Information Collection must be certified as accurate by a underground mines by surface Request Submitted for Public registered engineer or surveyor, that the impounded water or water and/or gases Comment and Recommendations; maps must be kept continuously up-to- impounded in surface auger mining Preparation and Maintenance of date by temporary notations and must worked out areas. Accurate and Up-to-date Certified Mine be revised and supplemented to include Title 30 75.373 and 75.1721 require Maps for Surface and Underground the temporary notations at intervals not that after a mine is abandoned or Coal Mines; Submittal of Underground more than 6 months. In addition, the declared inactive and before it is Mine Closure Maps; and Notification of mine operator must provide the MSHA reopened, mine operations shall not MSHA Prior To Opening New Mines or District Manager a copy of the certified begin until MSHA has been notified and the Reopening of Inactive or mine map annually during the operating has completed an inspection. Standard Abandoned Mines life of the mine. These maps are 75.1721 specifies that the notification be ACTION: Notice. essential to the planning and safe in writing and lists specific information, operation of the mine. In addition, these preliminary arrangements and mine SUMMARY: The Department of Labor, as maps provide a graphic presentation of plans which must be submitted to the part of its continuing effort to reduce the locations of working sections and MSHA District Manager.
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II. Desired Focus of Comments for a period of more than 90 days, he or Recordkeeping: Annual or on Currently, the Mine Safety and Health she shall promptly notify the Secretary occasion. Administration (MSHA) is soliciting of such closure. Affected Public: Business or other for- In addition, mine operators must comments concerning the proposed profit. notify MSHA so that an inspection can extension of the information collection Number of Responses: 1,586. be conducted whenever a new mine is related to the Record of Mine Closure Number of Respondents: 1,586. opened or a previously abandoned or Total Burden Hours: 15,936. addressed in 30 CFR 75.1204 and inactive mine is reopened. The Total Burden Cost (capital/startup): 75.1204–1; the inclusion of standards information required to be gathered and None. requiring MSHA notification and recorded on mine maps is essential to Total Burden Cost (operating/ inspection prior to mining when the safe operation of the mine and maintaining): $18,292,611. opening a new mine or reopening an essential to the effectiveness of Comments submitted in response to inactive or abandoned mine addressed mandatory inspections and mandated this notice will be summarized and/or in 30 CFR 75.373 and 75.1721; and, the mine plan approval by MSHA. Such included in the request for Office of inclusion of standards requiring information cannot be replaced by any Management and Budget approval of the underground and surface mine other source and anything less than information collection request; they will operators to prepare and maintain continuously updated and accurate also become a matter of public record. accurate and up-to-date mine maps information would place miner’s safety addressed in 30 CFR 75.1200, 75.1200– Dated at Arlington, Virginia, this 18th day at risk. of October, 2005. 1, 75.1201, 75.1202, 75.1202–1, 75.1203, The information collected through the David L. Meyer, 75,372, 77.1200, 77.1201 and 77.1202. submittal of mine closure maps is used MSHA is particularly interested in by operators of adjacent coal mines Director of Administration and Management. comments that: when approaching abandoned [FR Doc. 05–21358 Filed 10–25–05; 8:45 am] • Evaluate whether the proposed underground mines. The abandoned BILLING CODE 4510–43–P collection of information is necessary mine could be flooded with water or for the proper performance of the contain explosive amounts of methane functions of the agency, including or harmful gases. If the operator were to MERIT SYSTEMS PROTECTION whether the information will have mine into such an area, unaware of the BOARD practical utility; hazards, miners could be killed or • [MSPB Docket No. DA–1221–05–0320–W–1] Evaluate the accuracy of the seriously injured. In addition, it is in the agency’s estimate of the burden of the public interest to maintain permanent Opportunity To File Amicus Briefs in proposed collection of information, records of the locations, extent of William A. Wilcox v. International including the validity of the workings and potential hazards Boundary and Water Commission methodology and assumptions used; associated with abandoned mines. The • Enhance the quality, utility, and public safety can be adversely affected AGENCY: Merit Systems Protection clarity of the information to be by future land usage where such Board. collected; and hazards are not known or inaccurately ACTION: The Merit Systems Protection • Minimize the burden of the assessed. MSHA collects the closure Board is providing interested parties collection of information on those who maps and provides those documents to with an opportunity to submit amicus are to respond, including through the the Office of Surface Mining, briefs on whether the Board has use of appropriate automated, Reclamation & Enforcement for jurisdiction to review an individual electronic, mechanical, or other inclusion in a repository of abandoned right of action (IRA) appeal from an technological collection techniques or mine maps. Therefore, MSHA is employee, former employee, or other forms of information technology, continuing the certification and applicant for employment of the e.g., permitting electronic submissions application of 30 CFR 75.1204 to assure International Boundary and Water of responses. the required information remains Commission. A copy of the proposed information available for the protection of miner’s collection request can be obtained by and public safety. In addition, MSHA SUMMARY: contacting the employee listed in the has added the burden hours and cost Background ADDRESES section of this notice, or estimates for standards which address viewed on the Internet by accessing the the preparation and maintenance of The appellant in Wilcox v. MSHA home page (http:// certified mine maps for surface and International Boundary and Water www.msha.gov) and then choosing underground coal mines and the Commission, MSPB Docket No. DA– ‘‘Statutory and Regulatory Information’’ notification of MSHA prior to the 1221–05–0320–W–1, filed an IRA and ‘‘Federal Register Documents.’’ opening of new coal mines or the appeal alleging that the agency retaliated against him for protected III. Current Actions reopening of inactive or abandoned mines. disclosures he made while employed as Mine operators are required to Type of Review: Extension. Legal Advisor/General Counsel, GG–15, conduct surveying such that mine maps Agency: Mine Safety and Health with the agency. The administrative are maintained accurate and up-to-date, Administration. judge dismissed the appeal for lack of the maps must be revised every 6 Title: Preparation and Maintenance of jurisdiction. She found that the U.S. months and certified accurate by a Accurate and Up-to-date Certified Mine Section of the agency is a subdivision of registered engineer or surveyor and to Maps for Surface and Underground Coal an international organization and that submit copies of the certified Mines; Submittal of Underground Mine its hiring authority derives from a 1944 underground maps to MSHA annually Closure Maps; and Notification of Treaty, not from the provisions of U.S.C. and an up-to-date and revised mine MSHA Prior to Opening New Mines or Title 5. She found that the right to bring closure map whenever an operator the Reopening of Inactive or Abandoned an IRA appeal derives from 5 U.S.C. permanently closes or abandons a coal Mines. 1221(a). She thus concluded that the mine, or temporarily closes a coal mine OMB Number: 1219–0073. appellant was not an employee entitled
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to file an IRA appeal. The appellant has Water Commission, 59 M.S.P.R. 62 Facility Operating License No. R–66 on filed a petition for review arguing that (1993). March 26, 2002. the Board has jurisdiction over his The NRC has also terminated the DATES: All briefs in response to this license of the decommissioned appeal. The agency has filed a response notice shall be filed with the Clerk of CAVALIER, which was in the same opposing the petition. the Board on or before November 25, reactor facility on the UVA campus in 2005. Question To Be Resolved Charlottesville, Virginia, and has This appeal raises the question of ADDRESSES: All briefs shall include the released the site for unrestricted use. whether the Board has appellate case name and docket number noted The licensee requested termination of jurisdiction to review an IRA appeal above (Wilcox v. International Boundary the license in an April 4, 2003 letter to from an employee, former employee, or and Water Commission) and be entitled NRC. The request for termination was applicant for employment of the ‘‘Amicus Brief.’’ Briefs should be filed affirmed by letter dated September 26, International Boundary and Water with the Office of the Clerk, Merit 2005. The CAVALIER was a 100-MW- Commission. Systems Protection Board, 1615 M thermal, light-water-moderated, -cooled, Issues To Be Considered in Resolving Street, NW., Washington, DC 20419. and -reflected reactor fueled with plate- the Question Posed Respondents are encouraged to file by type fuel. It was licensed and first facsimile transmittal at (202) 653–7130. operated in October 1974. The licensee Title 5 of the United States Code, FOR FURTHER INFORMATION CONTACT: submitted a decommissioning plan by section 1221(a) provides that an Matthew Shannon, Deputy Clerk of the letter February 26, 1990, and employee, former employee, or Board, or Melissa Jurgens, Counsel to supplemented the plan on June 17, applicant for employment may, with the Clerk, at (202) 653–7200. 1991. The NRC Commission issued an respect to any personnel action taken, or Order Authorizing Dismantling of proposed to be taken * * * as a result Dated: October 20, 2005. Facility and Disposition of Component of a prohibited personnel practice Bentley M. Roberts, Jr., Parts for the CAVALIER, Facility described in section 2302(b)(8), seek Clerk of the Board. Operating License No. R–123, on corrective action from the Merit Systems [FR Doc. 05–21388 Filed 10–25–05; 8:45 am] February 3, 1992. Protection Board. Section 2302(a)(2)(A) BILLING CODE 7400–01–P A Notice and Solicitation of defines ‘‘personnel action’’ as various Comments Pursuant to 10 CFR 20.1405 types of employment-related actions and 10 CFR 50.82(b)(5) Concerning ‘‘with respect to an employee in, or Proposed Action To Decommission the NUCLEAR REGULATORY applicant for, a covered position in an University of Virginia, University of COMMISSION agency.’’ Section 2302(2)(C) in turn Virginia Research Reactor appeared in defines an ‘‘agency’’ to mean, inter alia, [Docket Nos. 50–62 and 50–396] the Federal Register on December 6, ‘‘an Executive agency.’’ For purposes of 2001 (65 FR 17684). All comments title 5, ‘‘Executive agency’’ means an Notice of License Terminations for received were considered by the staff Executive department, a Government University of Virginia Research during the review of the UVAR corporation, and an independent Reactor (UVAR) and University of decommissioning plan for Facility establishment. 5 U.S.C. 105. An Virginia Cooperatively Assembled Operating License No. R–66. ‘‘independent establishment’’ means, Virginia Low Intensity Educational A Notice of Proposed Issuance of inter alia, an establishment in the Reactor (CAVALIER) Orders Disposition of Component Parts executive branch ‘‘which is not an and Terminating Facility License Executive department, military The U.S. Nuclear Regulatory appeared in the Federal Register on department, Government corporation, or Commission (NRC) is noticing the April 22, 1991 (56 FR 16350). No part thereof, or part of an independent termination of Facility Operating request for a hearing or petition for establishment.’’ 5 U.S.C. 104. License No. R–66 for the UVAR and leave to intervene was filed following The appellant in this case argues that Facility Operating License No. R–123 notice of the proposed action the U.S. Section of the International for the CAVALIER. concerning Facility Operating License Boundary and Water Commission is The NRC has terminated the license of No. R–123. ‘‘entirely a creature of the United the decommissioned UVAR, in the The NRC completed its review of the States,’’ operates as a separate federal reactor facility on the UVA campus in April 2004 UVAR Final Status Survey agency, is an ‘‘independent Charlottesville, Virginia, and has Report submitted to NRC by letter dated establishment’’ within the meaning of 5 released the site for unrestricted use. June 18, 2004, and the March 2003 U.S.C. 104, and is not subject to The licensee requested termination of Evaluation of Radiological international control. In contrast, the the license in a letter to NRC dated June Characterization Results Relative to the administrative judge found that the 18, 2004. The UVAR was a 2-MW- Termination of NRC License No. R–123 International Boundary and Water thermal, light-water-moderated, -cooled, dated, March 2003, submitted by letter Commission is a subdivision of an and -reflected reactor fueled with plate- dated April 4, 2003. Both reports ‘‘international organization’’ under 22 type fuel. It was licensed and first documented the level of residual U.S.C. 277, 288. operated in June 1960. The reactor was radioactivity remaining at the facility Finally, we note that the U.S. Court of permanently shut down on June 30, and stated that compliance with the Appeals for the Federal Circuit and the 1998. The licensee submitted a criteria in the NRC-approved Merit Systems Protection Board have decommissioning plan to NRC for decommissioning plan for both reactors not questioned IRA jurisdiction over the review and approval in a letter dated has been demonstrated. International Boundary and Water February 9, 2000, updated by letter Pursuant to 10 CFR 50.82(b)(6), the Commission in previous decisions. See, dated April 26, 2000, and supplemented NRC staff has concluded that both e.g., Mestan v. International Boundary by letters on December 19, 2000, and reactors have been decommissioned in and Water Commission, 95 Fed. Appx. May 4 and May 11, 2001. The NRC accordance with the approved 1012 (Fed. Cir. 2004) (non-precedential); approved the UVAR decommissioning decommissioning plans and that the White v. International Boundary and plan by Amendment No. 26 to the terminal radiation surveys and
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associated documentation demonstrate Dated at Rockville, Maryland, this 17th day Standards Subcommittee 8 (ANS–8), that the facilities and sites may be of October, 2005. ‘‘Operations with Fissionable Materials released in accordance with the criteria For the Nuclear Regulatory Commission. Outside Reactors.’’ Those national in the NRC-approved decommissioning Brian E. Thomas, standards provide guidance, criteria, plans. Further, on the basis of the Section Chief, Research and Test Reactors and best practices for use in preventing decommissioning activities carried out Section, New, Research and Test Reactors and mitigating criticality accidents by UVA, the NRC’s review of the Program, Division of Regulatory Improvement during operations that involve handling, licensee’s final status survey report, the Programs, Office of Nuclear Reactor processing, storing, and/or transporting results of NRC inspections conducted at Regulation. special nuclear material at fuel and the UVAR and CAVALIER, and the [FR Doc. E5–5949 Filed 10–25–05; 8:45 am] material facilities. The original guide results of NRC confirmatory surveys, the BILLING CODE 7590–01–P also took exceptions to certain portions NRC has concluded that the of individual ANS–8 standards. In decommissioning process is complete addition, the original guide and the facilities and sites may be NUCLEAR REGULATORY consolidated and replaced a number of released for unrestricted use. Therefore COMMISSION earlier NRC regulatory guides, thereby Facility Operating License Nos. R–66 providing all of the relevant guidance in Final Regulatory Guide: Issuance, and R–123 are terminated. a single document. Availability For further details concerning UVAR Since that time, several ANS–8 nuclear criticality safety standards have see the licensee’s application for The U.S. Nuclear Regulatory been added, reaffirmed, revised, or decommissioning dated February 9, Commission (NRC) has issued a revision withdrawn. Consequently, the NRC staff 2000, updated by letter April 26, 2000 to an existing guide in the agency’s decided to update this guide to clarify and supplemented by letters on Regulatory Guide Series. This series has which standards the agency endorses December 19, 2000, May 4, and May 11, been developed to describe and make and to clearly state exceptions to 2001; the NRC approval of the UVAR available to the public such information individual standards. Toward that end, decommissioning plan by Amendment as methods that are acceptable to the the staff issued this revised regulatory No. 26 to Facility Operating License No. NRC staff for implementing specific guide as Draft Regulatory Guide DG– R–66 on March 26, 2002; the licensee’s parts of the NRC’s regulations, 3023, with a Federal Register notice (70 techniques that the staff uses in request for license termination by letter FR 25128), dated May 12, 2005, to evaluating specific problems or to NRC dated June 18, 2004; the April solicit stakeholder comments. The postulated accidents, and data that the 2004 UVAR Final Status Survey Report public comment period closed on June staff needs in its review of applications submitted to NRC by letter dated June 20, 2005, without the submission of any 18, 2004; and NRC Inspection Report for permits and licenses. stakeholder comments; however, the No. 50–62/2002–202, dated September Revision 1 of Regulatory Guide 3.71, NRC staff further revised RG 3.71 based 2, 2005. For further details about entitled ‘‘Nuclear Criticality Safety on review of additional changes to the CAVALIER, see the licensee’s February Standards for Fuels and Material consensus standards in the guide. 26, 1990 application for Facilities,’’ describes methods that the This revision does not change any of decommissioning, supplemented on NRC staff finds acceptable for the guidance provided in the initial June 17, 1991; the February 3, 1992, complying with the NRC’s regulations issuance of Regulatory Guide 3.71; Order Authorizing Dismantling of in Title 10, Parts 70 and 76, of the Code rather, it provides guidance concerning Facility and Disposition of Component of Federal Regulations. In 10 CFR Part changes that have occurred since the Parts for the CAVALIER, Facility 70, ‘‘Domestic Licensing of Special NRC published the original guide in Operating License No. R–123; licensee’s Nuclear Material,’’ Section 70.20, 1998. For completeness, this guide April 4, 2003, request for termination of ‘‘General License To Own Special restates the endorsements and the license; the March 2003 Evaluation Nuclear Material,’’ states that a specific exceptions stated in Regulatory Guide of Radiological Characterization Results license is required to acquire, deliver, 3.71, as applicable, while identifying Relative to the Termination of NRC receive, possess, use, transfer, import, or endorsements of or exceptions to new or License No. R–123, submitted by letter export special nuclear material. modified standards. dated April 4, 2003; and NRC Inspection According to 10 CFR 70.22, ‘‘Contents of Since the ANSI/ANS–8 standards are Report No. 50–62/2002–202, dated Applications,’’ each application for such constantly being issued, revised, September 2, 2005. Documents may be a license must contain proposed reaffirmed, or withdrawn, the NRC staff examined, and/or copied for a fee, at the procedures to avoid nuclear criticality plans to revise this guide on a regular NRC’s Public Document Room (PDR) at accidents. In 10 CFR Part 76, basis. The NRC staff encourages and One White Flint North, 11555 Rockville ‘‘Certification of Gaseous Diffusion welcomes comments and suggestions in Pike (first floor), Rockville, Maryland. Plants,’’ Section 76.87, ‘‘Technical connection with improvements to Publicly available records for UVA Safety Requirements,’’ states that the published regulatory guides, as well as dated after January 30, 2000, will be technical safety requirements should items for inclusion in regulatory guides accessible electronically from the reference procedures and equipment that are currently being developed. Agencywide Documents Access and that are applicable to criticality Comments may be accompanied by Management System (ADAMS) Public prevention. relevant information or supporting data. Electronic Reading Room on the Internet The NRC initially issued Regulatory Please mention the guide number in the at the NRC Web site, http:// Guide 3.71 in 1998 to provide guidance subject line of your submission. www.nrc.gov/reading-rm/adams.html. concerning procedures that the staff Comments submitted in writing or in Persons who do not have access to considered acceptable for complying electronic form will be made available ADAMS or who have problems in with these portions of the NRC’s to the public in their entirety on the accessing the documents in ADAMS regulations. Toward that end, the NRC’s Agencywide Documents Access should call the NRC PDR reference staff original guide endorsed specific nuclear and Management System (ADAMS). at 1–800–397–4209 or 301–415–4737 or criticality safety standards developed by Personal information will not be e-mail [email protected]. the American Nuclear Society’s removed from your comments. You may
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submit comments by any of the For the Nuclear Regulatory Commission. The changes that were made when following methods. Carl J. Paperiello, revising these license renewal guidance Mail comments to: Rules and Director, Office of Nuclear Regulatory documents are captured in NUREG– Directives Branch, Office of Research. 1833, along with the bases for technical Administration, U.S. Nuclear Regulatory [FR Doc. E5–5948 Filed 10–25–05; 8:45 am] changes. Changes to the GALL Report and SRP–LR are in the following Commission, Washington, DC 20555– BILLING CODE 7590–01–P categories: (1) Roll-Up Changes; (2) 0001. Incorporation of NRC Positions; (3) Hand-deliver comments to: Rules and NUCLEAR REGULATORY Operating Experience; and (4) Technical Directives Branch, Office of COMMISSION or Process Clarifications and Administration, U.S. Nuclear Regulatory Corrections. Commission, 11555 Rockville Pike, Notice of Availability of NUREG–1833, ‘‘Technical Bases for Revision to the Dated at Rockville, Maryland, this 18th day Rockville, Maryland 20852, between of October 2005. 7:30 a.m. and 4:15 p.m. on Federal License Renewal Guidance Documents’’ For the Nuclear Regulatory Commission. workdays. Pao-Tsin Kuo, Fax comments to: Rules and AGENCY: Nuclear Regulatory Program Director, License Renewal and Directives Branch, Office of Commission. Environmental Impacts Program, Division of Administration, U.S. Nuclear Regulatory ACTION: Notice of availability. Regulatory Improvement Programs, Office of Commission at (301) 415–5144. Nuclear Reactor Regulation. SUMMARY: The U.S. Nuclear Regulatory [FR Doc. E5–5947 Filed 10–25–05; 8:45 am] Requests for technical information Commission (NRC) is issuing NUREG– BILLING CODE 7590–01–P about RG 3.71 may be directed to H.D. 1833, ‘‘Technical Bases for Revision to Felsher, at (301) 415–5521 or via e-mail the License Renewal Guidance to [email protected]. Documents.’’ This document describes POSTAL RATE COMMISSION Electronic copies of RG 3.71 are the technical bases for the revision of available through the NRC’s public Web NUREG–1801, ‘‘Generic Aging Lessons [Docket No. MC2006–1; Order No. 1447] Learned (GALL) Report’’ and NUREG– site under the Regulatory Guides 1800 ‘‘Standard Review Plan for the Permanent Parcel Return Service document collection of the NRC’s Review of License Renewal AGENCY: Postal Rate Commission. Electronic Reading Room at http:// Applications for Nuclear Power Plants’’ ACTION: Notice and order. www.nrc.gov/reading-rm/doc- (SRP–LR). collections/. Electronic copies are also ADDRESSES: Copies are available in the SUMMARY: Parcel Return Service (PRS), available in the NRC’s Agencywide Commission’s Public Document Room which the Postal Service currently offers Documents Access and Management (PDR), located at One White Flint North, on an experimental basis for two parcel System (ADAMS) at http:// 11555 Rockville Pike (first floor), post rate categories, was scheduled to www.nrc.gov/reading-rm/adams.html, Rockville, Maryland 20852–2738. The expire October 19, 2003. Shortly before under Accession No. ML051940351. NRC maintains an Agencywide the expiration date, the Service filed a In addition, regulatory guides are Documents Access and Management request to establish one of these available for inspection at the NRC’s System (ADAMS), which provides text categories (Parcel Select) as a permanent Public Document Room (PDR), which is and image files of NRC’s public offering and to allow users to purchase located at 11555 Rockville Pike, documents. This document may be an optional ancillary service (Certificate Rockville, Maryland; the PDR’s mailing accessed through the NRC’s Public of Mailing). Participants in the address is USNRC PDR, Washington, DC Electronic Reading Room on the Internet experiment were not eligible for this 20555–0001. The PDR can also be at http://www.nrc.gov/reading-rm/ ancillary service during the reached by telephone at (301) 415–4737 adams.html under ADAMS accession experimental stage. The Service’s or (800) 397–4205, by fax at (301) 415– number ML052110003. Persons who do request triggered an automatic extension 3548, and by email to [email protected]. not have access to ADAMS or who of the October 19, 2005 expiration date encounter problems in accessing the Requests for single copies of draft or for Parcel Select. Given no participation documents located in ADAMS should final guides (which may be reproduced) in the other experimental category contact the NRC’s PDR Reference staff at (Bound Printed Matter), the Service or for placement on an automatic 1–800–397–4209, 301–415–4737, or by does not seek to make it permanent, and distribution list for single copies of e-mail at [email protected]. it expired as scheduled. This document future draft guides in specific divisions FOR FURTHER INFORMATION CONTACT: Mr. establishes a formal docket to address should be made in writing to the U.S. Jerry Dozier, License Renewal Project the requested change in status for the Nuclear Regulatory Commission, Manager, Office of Nuclear Reactor PRS Parcel Select category and Washington, DC 20555–0001, Attention: Regulation, Mail Stop O–11F1, U.S. identifies several initial steps, including Reproduction and Distribution Services Nuclear Regulatory Commission, authorization of settlement negotiations. Section; by e-mail to Washington, DC 20555–0001, telephone DATES: 1. November 10, 2005: deadline [email protected]; or by fax to 301–415–1014, or by e-mail at for intervention. (301) 415–2289. Telephone requests [email protected]. 2. November 17, 2005: deadline for cannot be accommodated. SUPPLEMENTARY INFORMATION: responses to waiver motion; prehearing Regulatory guides are not conference (10 a.m.). copyrighted, and Commission approval Technical Bases for Revision to the 3. November 14–15, 2005: dates is not required to reproduce them. (5 License Renewal Guidelines Documents reserved for settlement conference. U.S.C. 552(a)) The NRC staff has written NUREG– ADDRESSES: Submit comments 1833 to document and justify the electronically via the Commission’s Dated at Rockville, Maryland, this 17th day technical changes to the GALL Report Filing Online system at http:// of October, 2005. and SRP–LR since the 2001 publication. www.prc.gov.
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FOR FURTHER INFORMATION CONTACT: merchandise returned as Parcel Post. 0.05 percent of total domestic mail Stephen L. Sharfman, general counsel, This service allows commercial mailers revenue. It claims that PRS should not at 202–789–6818. or their third-party logistics providers to materially affect Parcel Post’s SUPPLEMENTARY INFORMATION: receive bulk delivery of returned parcels contribution to institutional costs at a designated delivery unit or at a bulk relative to other subclasses. Regulatory History mail center (BMC). The Postal Service II. Conditional Request for Waiver of 1. 68 FR 34678 (June 10, 2003). offers PRS as a customer-friendly and 2. 68 FR 48963 (August 15, 2003). more efficient means for consumers to Certain Filing Requirements On October 17, 2005, the Postal return parcels to mail-order retailers. The Postal Service asserts that its Service filed a request seeking a PRS is designed to be consistent with filing complies with applicable recommended decision approving a destination entry services provided at Commission filing requirements through change in the Domestic Mail delivery units or BMCs, so that returned incorporation by reference but, as a Classification Schedule (DMCS) making parcels can be picked up at the same precautionary alternative, seeks waiver Parcel Return Service (PRS) permanent.1 facilities where outgoing packages are of various filing requirements should A current experiment has been testing entered. This allows participants to the Commission conclude otherwise.6 In distinct rates and fees for certain parcels benefit from the increased efficiency of support of its Request, the Postal that are returns from customers to dropping off and picking up parcels Service states that its Compliance merchants. The Request, which includes concurrently. Statement (Attachment E to the Request) five attachments, was filed pursuant to The experiment recommended in addresses each filing requirement and chapter 36 of the Postal Reorganization Docket No. MC2003–2 included PRS for indicates which parts of the filing Act, 39 U.S.C. 3601 et seq.2 Bound Printed Matter (BPM) and Parcel satisfy each rule. It also notes that it has The Postal Service has been offering Select rate categories. The BPM category incorporated by reference pertinent experimental PRS since October 19, did not garner any participation. Thus, materials from Docket No. R2005–1, the 2003, in accordance with the a permanent classification is only most recent omnibus rate case.7 It Commission’s recommended decision requested for the Parcel Select rate contends that incorporation satisfies the approving the stipulation and agreement categories. No permanent classification filing requirements pertaining to classes in Docket No. MC2003–2 and the is being requested for BPM. of mail and special services. In addition, Governor’s Decision of September 8, The Postal Service also seeks the Postal Service contends that the PRS 2003, approving the recommendation. classification changes to allow the will not materially alter the rates, fees The experiment was scheduled to expire certificate of mailing service to be and classifications established in Docket on October 19, 2005, unless a request to available for purchase with PRS. This No. R2005–1; rather, it would make make the service permanent was was not a part of the original permanent certain experimental pending before the Commission prior to experiment. classifications with the rates already that date. PRS would add two new rate proposed in that docket. Id. at 1. It In contemporaneous filings, the Postal categories to the Parcel Post subclass, concludes that its proposal will have Service requests establishment of Parcel Select Return Delivery Unit only a limited impact on overall postal settlement procedures 3 and submits a (RDU), and Parcel Select Return Bulk costs, volumes and revenues. Ibid. It conditional motion for waiver of the Mail Center (RBMC). The proposed RDU also asserts that there is substantial filing requirements.4 The Request, rate for mail retrieved in bulk at overlap between information sought in accompanying testimony of witnesses delivery units is $2.11 per parcel for all the general filing requirements and the Daniel (USPS–T–1), Miller (USPS–T–2), parcels except oversized parcels. The materials provided in Docket No. and Koroma (USPS–T–3), and other proposed RDU rate for oversized parcels R2005–1. Id. at 2. related material are available for is $7.92. The proposed RBMC rates are Notwithstanding its principal inspection in the Commission’s docket identical to those proposed in the Postal position, the Postal Service recognizes room during regular business hours. Service’s pending Docket No. R2005–1 that the Commission may find that it They also can be accessed 5 request. has failed to comply with the filing electronically, via the Internet, on the The proposed rates are based on requirements. Accordingly, the Postal Commission’s Web site (http:// workshare savings for returned parcels Service requests a waiver of certain www.prc.gov). retrieved in bulk by shippers (or their filing requirements if the Commission agents) at designated delivery units or I. Proposed Parcel Return Service concludes that the materials BMCs. The Postal Service indicates that incorporated from the omnibus case are The Postal Service proposes to make the cost avoidance measures underlying not sufficient to satisfy those permanent a PRS applicable to its proposed rates are estimated using requirements. Id. at 3. the same cost methodology and cost 1 Request of the United States Postal Service for model presented in Docket No. a Recommended Decision on Parcel Return Service, III. The Postal Service Request for October 17, 2005 (Request). MC2003–2 by witness Eggleston. The Settlement Procedures 2 Attachment A contains the proposed cost model has been modified to In support of its request for settlement classification schedule provisions; Attachment B incorporate Docket No. R2005–1 data, as procedures, the Postal Service asserts sets forth the proposed rate and fee schedules; well as information obtained from field Attachment C is the certification required by that the proposed classification change Commission rules 64(h) and 54(p); Attachment D is personnel. The Postal Service estimates is straightforward, is of limited scope, an index of testimonies; and Attachment E is the that making this service permanent and is the culmination of a successful statement addressing compliance with various would add approximately $35 million to two-year experiment established in filing requirements. the Postal Service’s revenue, around 2.8 3 Docket No. MC2003–2. Further, the United States Postal Service Request for percent of Parcel Post total revenue, and Establishment of Settlement Procedures, October Postal Service states that because the 17, 2005 (Request for Establishment of Settlement experimental service that the Request is Procedures). 5 Compare Request Attachment B with Docket No. 4 Statement of the United States Postal Service R2005–1, Request of the United States Postal Concerning Compliance with Filing Requirements Service for a Recommended Decision on Changes in 6 The Request seeks a waiver of rules 54 and 64. and Conditional Motion for Waiver, October 17, Rates of Postage and Fees for Postal Services, April Motion for Waiver at 3. 2005 (Motion for Waiver). 8, 2005, Attachment A at 43–49. 7 Motion for Waiver at 1 and 3.
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based upon resulted in settlement, it Shelley S. Dreifuss, director of the ‘‘1940 Act’’ or ‘‘Act’’) approving certain believes that the same level of Commission’s Office of the Consumer substitutions of securities and for an widespread support exists for making Advocate (OCA), to represent the order of exemption pursuant to Section the service permanent, and that it interests of the general public in this 17(b) of the Act from Section 17(a) of should have no significant adverse proceeding. Pursuant to this the Act. impact on other mailers or competitors. designation, Ms. Dreifuss will direct the Accordingly, the Postal Service believes activities of Commission personnel Applicants: Ameritas Variable Life there is a distinct possibility for assigned to assist her and, upon request, Insurance Company (‘‘Ameritas’’), settlement.8 The Postal Service requests will supply their names for the record. Ameritas Variable Life Insurance that a settlement conference be Neither Ms. Dreifuss nor any of the Company Separate Account V scheduled as soon as possible following assigned personnel will participate in or (‘‘Account V’’) and Ameritas Variable Life Insurance Company Separate the deadline for intervention. Id. at 2. provide advice on any Commission Account VA–2 (‘‘Account VA–2’’, decision in this proceeding. IV. Commission Response together with Account V ‘‘Separate Intervention. Those wishing to be V. Ordering Paragraphs Accounts’’) and Ameritas Investment heard in this matter are directed to file It is ordered: Corp. (‘‘Ameritas Investment’’) a notice of intervention on or before The Commission establishes Docket (collectively, the ‘‘Applicants’’). Summary of Application: The November 10, 2005. The notice of No. MC2006–1, Parcel Return Service, Applicants request an order pursuant to intervention shall be filed using the to consider the Postal Service Request Section 26(c) of the 1940 Act to permit Internet (Filing Online) at the referred to in the body of this order. the substitution of shares of Calvert Commission’s Web site (http:// 1. The Commission will sit en banc in Variable Series, Inc.’s Ameritas www.prc.gov), unless a waiver is this proceeding. Portfolios (‘‘Ameritas Portfolios’’) obtained for hardcopy filing. 39 CFR 2. Postal Service counsel is appointed Income & Growth Fund (‘‘Ameritas 3001.9(a) and 10(a). No decision has to serve as settlement coordinator in this been made at this point on whether a Income & Growth’’ or ‘‘Replacement proceeding. The Commission will make Fund’’) for (a) shares of Alger American hearing will be held in this case. Notices its hearing room available upon request should indicate whether participation Leveraged AllCap—Class 0 Portfolio for a settlement conference on (‘‘Alger AllCap’’) of the Alger American will be on a full or limited basis. See 39 November 14–15, 2005, at such times as CFR 3001.20 and 3001.20a. Fund and (b) shares of Salomon scheduled by the settlement Variable All Cap Portfolio (‘‘Salomon Settlement. Given the Postal Service’s coordinator. representations that the proposal is Variable All Cap’’) of the Salomon 3. Shelley S. Dreifuss, director of the Brothers Variable Series Trust (Alger widely supported and should not Commission’s Office of the Consumer adversely affect competitors or other AllCap and Salomon Variable All Cap Advocate, is designated to represent the collectively, the ‘‘Substituted mailers, the Commission will authorize interests of the general public. settlement negotiations in this Portfolios’’) currently held by the 4. The deadline for filing notices of Separate Accounts. Applicants also proceeding. It appoints Postal Service intervention is November 10, 2005. counsel as settlement coordinator. In request an order of exemption pursuant 5. A prehearing conference will be to Section 17(b) of the 1940 Act from the this capacity, Postal Service counsel held November 17, 2005, at 10 a.m. in shall file periodic reports on the status provisions of Section 17(a) of the Act to the Commission’s hearing room. permit certain in-kind transactions in of settlement discussions. The 6. Responses to the Postal Service’s Commission authorizes the settlement connection with the substitutions. Conditional Motion for Waiver of Filing Date: The application was filed coordinator to hold a settlement certain filing requirements are due on or conference on November 14–15, 2005. on May 31, 2005 and amended and before November 17, 2005. restated on September 12, 2005, The Commission will make its hearing 7. The Secretary shall arrange for room available for this purpose upon September 29, 2005, October 3, 2005 publication of this notice and order in and October 7, 2005. request. Authorization of settlement the Federal Register. discussions does not constitute a Hearing or Notification of Hearing: An finding on the necessity of hearings in By the Commission. order granting the application will be this case. Issued: October 21, 2005. issued unless the Commission orders a Prehearing conference. A prehearing Garry J. Sikora, hearing. Interested person may request a conference will be held November 17, Acting Secretary. hearing by writing to the Secretary of the Commission and serving Applicants 2005, at 10 a.m. in the Commission’s [FR Doc. 05–21401 Filed 10–25–05; 8:45am] with a copy of the request, in person or hearing room. Participants shall be BILLING CODE 7710–FW–P prepared to identify any issue(s) that by mail. Hearing requests must be would indicate a need to schedule a received by the Commission by 5:30 hearing, along with other matters p.m. on November 14, 2005, and should SECURITIES AND EXCHANGE referred to in this ruling. be accompanied by proof of service on COMMISSION Conditional Motion for Waiver. the Applicants, in the form of an Participants may comment on the Postal [Release No. IC–27118; File No. 812–13195] affidavit or, for lawyers, a certificate of Service’s conditional motion to waive service. Hearing requests should state certain filing requirements. Responses Ameritas Variable Life Insurance the nature of the writer’s interest, the to the Postal Service’s Motion for Company, et al.: Notice of Application reason for the request, and the issues Waiver are due on or before November contested. Persons who wish to be 17, 2005. October 20, 2005. notified of a hearing may request Representation of the general public. AGENCY: Securities and Exchange notification by writing to the Secretary In conformance with section 3624(a) of Commission (‘‘Commission’’). of the Commission. title 39, the Commission designates ACTION: Notice of application for an ADDRESSES: Secretary, Securities and order pursuant to Section 26(c) of the Exchange Commission, 100 F Street, 8 Request for Settlement Procedures at 1–2. Investment Company Act of 1940 (the NE., Washington, DC 20549–9303.
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Applicants, c/o Kenneth W. Reitz, (together, ‘‘Contracts’’) have been of an investment company held by a Ameritas Variable Life Insurance registered under the 1933 Act. Subaccount of the Separate Accounts. Company, 5900 ‘‘O’’ Street, Lincoln, NE 4. Calvert Variable Series, Inc. Ameritas proposes to substitute shares 68501. (‘‘CVS’’) is registered under the 1940 of Ameritas Income and Growth for FOR FURTHER INFORMATION CONTACT: Act as an open-end management shares of (a) Alger AllCap and (b) Joyce M. Pickholz, Senior Counsel, or investment company of the series type. Salomon Variable All Cap held by William J. Kotapish, Assistant Director, The Ameritas Portfolios, including Subaccounts of the Separate Accounts Office of Insurance Products, Division of Ameritas Income and Growth, are series (each a ‘‘Substitution’’ and together, the Investment Management at (202) 551– of CVS. CVS obtained an order pursuant ‘‘Substitutions’’). 6795. to Section 6(c) of the 1940 Act 8. The investment objectives and exempting it and Ameritas Investment, SUPPLEMENTARY INFORMATION: The principal investment policies of the as investment advisor, from Section Replacement Fund and the Substituted following is a summary of the 15(a) of the 1940 Act with respect to application. The complete application Portfolios are as follows: Ameritas subadvisory agreements (the ‘‘Manager Income & Growth primarily seeks to may be obtained for a fee from the of Managers Order’’). The Manager of provide a high level of dividend Public Reference Branch of the Managers Order permits Ameritas income, with a secondary goal to Commission, 100 F Street, NE., Room Investment to replace any sub-adviser or provide capital appreciation, by 1580, Washington, DC 20549 (telephone to employ a new sub-adviser for each of investing in dividend paying equity (202) 551–5850). its series without obtaining shareholder securities, such as common or preferred approval. At a meeting held on January Applicants’ Representations stocks, preferably those which the 15, 2002, shareholders of each Ameritas subadviser believes also offer 1. Ameritas is a stock life insurance Portfolio approved the implementation opportunities for capital appreciation. company organized in the State of of procedures contemplated in the Alger AllCap seeks long-term capital Nebraska currently licensed to sell life Manager of Managers Order. Fred Alger appreciation by investing in equity insurance in 49 states (all except New Management, Inc. is the subadviser to securities of companies of any size York) and in the District of Columbia. Ameritas Income & Growth. Ameritas is a wholly owned subsidiary 5. Each of the Contracts permits its which demonstrate promising growth of AMAL Corp. which is a direct owners to allocate the Contract’s potential. Salomon Variable All Cap subsidiary of Ameritas Life Insurance accumulated value among numerous seeks capital appreciation by investing Corp. Ameritas Life Insurance Corp. is Subaccounts of the Separate Accounts. primarily in securities which the a subsidiary of Ameritas Acacia Mutual Each Subaccount invests exclusively in manager believes have above-average Holding Company. a different investment portfolio capital appreciation potential. A 2. Ameritas Investment, a Nebraska (‘‘Fund’’) of an underlying mutual fund. secondary consideration is given to a corporation, is registered as an Depending on the Contract, between company’s dividend record and the investment adviser under the 1940 Act twenty-one and thirty-six different potential for improved dividend return. and as a broker-dealer under the Subaccounts (and corresponding funds) Salomon Variable All Cap invests Securities Exchange Act of 1934. are currently available for this purpose. primarily in common stocks and Ameritas Investment is an affiliate of 6. Contract Owners can allocate common stock equivalents of large well Ameritas. Ameritas Investment is the accumulated Contract value to one or known domestic companies, but may investment adviser of the Ameritas more Subaccounts and/or, where also invest a significant portion of its Portfolios and principal underwriter of available, to the Fixed Account, subject assets in securities of small to medium- the Contracts. to certain potential restrictions sized companies and may invest in 3. Account V is a separate account described in the application and in the fixed income securities, convertible debt established by Ameritas under Nebraska prospectus relating to each Contract. No securities, securities of foreign issuers, law to fund variable life insurance sales charge applies to any transfer of and in non-dividend paying stocks. contracts issued by Ameritas. Account accumulated Contract value among 9. Following is the comparative VA–2 is a separate account established Subaccounts. Applicants represent that expense data for the Substitutions as of by Ameritas under Nebraska law to fund the relief requested here will not affect December 31, 2004. Applicants submit variable annuity contracts issued by any charge to which Contract Owners of that each Substitution will result in a Ameritas. Account V and Account VA– any Contract would otherwise be Replacement Fund with net expenses 2 are registered under the 1940 Act as subject, or affect any right or privilege and management fees less than the unit investment trusts (File Nos. 811– to which such owners are otherwise Substituted Fund. Applicants also 04473 and 811–05192 respectively). The entitled. represent that there are no breakpoints variable life insurance contracts and 7. The Contracts expressly reserve to in fund expenses for either the variable annuity contracts issued Ameritas the right to substitute shares of Substituted Funds or the Replacement through the Separate Accounts another investment company for shares Fund.
[In percent]
Replacement Replacement Substituted fund Substituted fund fund Ameritas In- fund Ameritas In- Alger AllCap come & Salomon Vari- come & Growth able All Cap Growth
Management Fees...... 0.85 0.74 0.75 0.74 Distribution and service (12b–1) fees ...... Other Expenses ...... 0.12 0.22 0.05 0.22 Total Expenses...... 0.97 0.96 0.80 0.96 Waivers ...... 1 0.18 ...... 2 0.18
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[In percent]
Replacement Replacement Substituted fund Substituted fund fund Ameritas In- fund Ameritas In- Alger AllCap come & Salomon Vari- come & Growth able All Cap Growth
Net Expenses ...... 0.97 0.78 0.80 0.78 1 Pursuant to a contractual agreement between Ameritas Portfolios and Ameritas Investment, Ameritas Investment, has agreed to waive fees or reimburse expenses so that Total Expenses do not exceed the rate shown in the table above through April 30, 2006. Management Fee in- cludes both the investment advisory fee and administrative service fee. The administrative service fee is 0.05% of the fund’s average daily net assets with a minimum of $50,000. 2 Supra, footnote 1.
10. The day-to-day manager of both Contract Owners will continue to be expenses incurred in connection with the Substituted Alger AllCap Fund as its able to select among a large number of the proposed Substitutions, including adviser and to the Replacement funds, with a full range of investment brokerage, legal, accounting, and other Ameritas Income & Growth Fund as its objectives, investment strategies, and fees and expenses, will be paid by subadviser is Fred Alger Management, managers. Applicants believe there will Ameritas. In addition, the proposed Inc. also be a significant savings to Contract Substitutions will not impose any tax 11. Applicants note that Contract Owners because certain costs, such as liability on Contract Owners. The Owners with Subaccount balances the costs of printing and mailing lengthy proposed Substitutions will not cause invested in shares of the Replacement periodic reports and prospectuses for the Contract fees and charges currently Funds will have lower total expense the Substituted Funds will be being paid by existing Contract owners ratios than they currently have in the substantially reduced. to be greater after the proposed Substituted Funds. Moreover, there will 12. Applicants represent that they Substitutions than before the proposed be no increase in Contract fees and will not receive, for three years from the Substitutions. No fees will be charged expenses including mortality and date of the Substitutions, any direct or on the transfers made at the time of the expense risk fees and administration indirect benefits from the new fund, its proposed Substitutions because the and distribution fees charged to the advisors or underwriters, or from proposed Substitutions will not be Separate Accounts as a result of the affiliates of the new funds, their treated as a transfer for the purpose of Substitutions. Applicants believe that, if advisors or underwriters, in connection assessing transfer charges or for the proposed Substitutions are with assets attributable to Contracts determining the number of remaining implemented, the core investment goals affected by the Substitutions, at a higher permissible transfers in a Contract year. rate than Applicants have received from of affected Contract Owners will not be 15. Following the date on which substituted funds, their advisors or frustrated and the investment Ameritas is notified that the notice of expectations of affected Contract underwriters, or from affiliates of substituted funds, their advisors or the Application is to be published in the Owners can continue to be met. Federal Register, but before the date on Applicants expect that the Substitutions underwriters, including without limitation Rule 12b–1 fees, shareholder which the order requested by the will provide significant benefits to service or administrative or other application becomes effective, Ameritas Contract Owners, including improved service fees, revenue sharing or other will send to affected Contract Owners selection of portfolio managers and arrangements (collectively ‘‘Revenue notice (‘‘Substitution Notice’’). The simplification of fund offerings through Arrangements’’). Applicants represent Substitution Notice will inform affected the elimination of overlapping offerings. that the substitutions and the selection Contract Owners of (a) the Effective Date Applicants state that Ameritas of the new fund was not motivated by of the Substitutions (‘‘Effective Date’’); considered the performance history of any financial consideration paid or to be (b) the right of each affected Contract the Substituted Funds and the paid to Applicants or any affiliate of Owner, under their Contract, to transfer Replacement Funds and determined Applicants by the new fund, its contract values among the various that no Contract Owners would be advisors, underwriters, or affiliates. Subaccounts; and (c) the fact that any materially adversely affected as a result 13. The proposed Substitutions will such transfer involving a transfer from of the Substitutions. Applicants believe take place at relative net asset value a substituted fund will not be subject to that the Substitutions, each of which with no change in the amount of any any administrative charge and will not replaces outside funds with a fund for Contract Owner’s Contract value, cash count as one of the ‘‘free transfers’’ to which Ameritas Investment acts as value, or death benefit or in the dollar which affected Contract Owners may investment advisor, will permit value of his or her investment in the otherwise be entitled. The Substitution Ameritas Investment, under a multi- Separate Accounts. Applicants expect Notice will also inform affected Contract manager order granted by the that the Substitutions will be effected by Owners that (a) Ameritas will not Commission and under shareholder redeeming shares of a Substituted Fund exercise any rights reserved under any approval previously obtained, to hire, and reinvesting the proceeds of such Contract to impose additional monitor and replace subadvisers as redemption in shares of the restrictions on transfers (other than with necessary to seek optimal performance Replacement Fund through a respect to ‘‘market timing’’ activity and to ensure a consistent investment combination of cash and ‘‘in kind’’ described in each Contract’s prospectus) style. Applicants further believe that the transactions. until at least 30 days after the proposed subadviser to the Replacement Fund is 14. Contract Owners will not incur Substitutions; (b) for 30 days after the better positioned to provide consistent any fees or charges as a result of the proposed Substitutions, Ameritas will above-average performance for its Fund proposed Substitutions, nor will their permit affected Contract Owners to than the adviser or subadvisers of the rights or Ameritas’ obligations under the make transfers of Contract value (or Substituted Funds. Applicants state that Contracts be altered in any way. All annuity unit exchange) out of the
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Replacement Fund Subaccount to security unless the Commission shall 6. Applicants assert that, for the another Subaccount without the transfer have approved such substitution.’’ reasons summarized above, the (or exchange) being treated as one of a Section 26(c) of the 1940 Act also proposed Substitutions and related limited number of transfers (or provides that the Commission shall transactions meet the standards of exchanges) permitted without a transfer issue an order approving such Section 26(c) of the 1940 Act and that charge. substitutions if the evidence establishes the requested order should be granted. 16. Within five days after the Effective that the substitutions are consistent 7. Sections 17(a)(1) and (2) of the 1940 Date, Ameritas will also send affected with the protection of investors and the Act prohibit an affiliated person of a Contract Owners a second written purposes fairly intended by the policies registered investment company, or notice (‘‘Confirmation Notice’’). The and provisions of the 1940 Act. affiliated persons of any such affiliated Confirmation Notice will (a) confirm 2. The Contracts expressly reserve to person, or any principal underwriter for that the Substitutions were carried out; Ameritas the right, subject to such company (collectively, (b) reiterate that each affected Contract compliance with applicable law, to ‘‘Transaction Affiliates’’) from selling a Owner may transfer all of the contract substitute shares of another investment security to, or purchasing a security value or cash value under a Contract company for shares of an investment from, the registered investment that is invested in a Substituted Fund to company held by a Subaccount of the company. Applicants may be deemed to any other Subaccount available under Separate Accounts. Applicants assert be Transaction Affiliates of one another their Contract without such transfer that the prospectuses for the Contracts based upon the definition of ‘‘affiliated being subject to any administrative and the Separate Accounts contain person’’ under Section 2(a)(3) of the charge, or being counted as one of the appropriate disclosure of this right. 1940 Act. Because the Substitutions ‘‘free transfers’’ (or one of the limited 3. In each case, Applicants believe may be effected, in whole or in part, by number of transfers) to which affected that it is in the best interests of the means of in-kind redemptions and Contract Owners may be entitled under Contract Owners to substitute the purchases, the Substitutions may be the Contracts; and (c) state that, other Replacement Fund for the Substituted deemed to involve one or more than with respect to ‘‘market timing’’ Fund. In this regard, Applicants purchases or sales of securities or activity described above, Ameritas will contend that the proposed Replacement property between Transaction Affiliates. not exercise any rights reserved by it Fund for each Substituted Fund has an 8. Section 17(b) provides that the under the Contracts to impose investment objective that is at least Commission may grant an application additional restrictions on transfers until substantially similar to that of the exempting proposed transactions from at least 30 days after the Effective Date. Substituted Fund. Applicants also assert the prohibitions of Section 17(a) if the 17. For those who were Contract that the principal investment policies of terms of the proposed transaction are Owners on the date of the proposed the Replacement Funds are similar to reasonable and fair and do not involve Substitutions, Ameritas and Ameritas those of the corresponding Substituted overreaching on the part of any person Investment will reimburse, on the last Funds. In addition, with respect to each concerned; the transaction is consistent business day of each fiscal period (not proposed substitution, Applicants note with the investment policies of each to exceed a fiscal quarter) during the that affected Contract Owners with registered investment company twenty-four months following the date balances invested in the Replacement concerned; and the transaction is of the proposed Substitutions, the Fund will have a lower or the same consistent with the general purposes of Subaccount investing in the expense ratio in all cases. the Act. Applicants state that the Replacement Fund such that the sum of 4. Applicants anticipate that Contract consideration to be paid by the the Replacement Fund’s operating Owners will be better off with the array Replacement Fund, and each of the expenses (taking into account fee of Subaccounts offered after the Substituted Funds, will be fair and waivers and expense reimbursements) proposed Substitutions than they have reasonable and will not involve and Subaccount expenses (asset-based been with the array of Subaccounts overreaching because the Substitutions fees and charges deducted on a daily offered prior to the Substitutions. The will not result in the dilution of the basis from Subaccount assets and proposed Substitutions retain for interests of any affected Contract reflected in the calculation of Contract Owners the investment Owners and will not effect any change Subaccount unit values) for such period flexibility which is a central feature of in economic interest, Contract value or will not exceed, on an annualized basis, the Contracts. If the proposed the dollar value of any variable contract the sum of the Replacement Fund’s Substitutions are carried out, all held by an affected Contract Owner. operating expenses (taking into account Contract Owners will be permitted to 9. In addition, Applicants state that to fee waivers and expense allocate purchase payment and transfer the extent the Substitutions are effected reimbursements) and Subaccount Contract values and cash values by redeeming shares of the Substituted expenses for the fiscal year preceding between and among approximately the Funds and using the redemption the date of the proposed Substitutions. same number of Subaccounts as they proceeds to purchase shares of the In addition, for twenty-four months could before the proposed Substitutions. Replacement Funds, the Substitutions following the proposed Substitutions, Moreover, the elimination of the costs of will satisfy each of the procedural Ameritas and Ameritas Investment will printing and mailing prospectuses and safeguards adopted by the Board of not increase separate account fees or periodic reports of the Substituted Directors responsible for each of the charges for Contracts outstanding on the Funds will benefit Contract Owners. Ameritas Portfolios and the Substituted date of the proposed Substitutions. 5. Applicants note that Contract Funds, respectively under Rule 17a–7 Owners who do not wish to participate under the 1940 Act. Applicants’ Legal Analysis in a Replacement Fund will have an 1. Section 26(c) of the 1940 Act opportunity to reallocate their Applicants’ Conclusion provides, in pertinent part, that ‘‘it shall accumulated value among other Applicants assert that for the reasons be unlawful for any depositor or trustee available Subaccounts without the summarized above the proposed of a registered unit investment trust imposition of any charge or limitation substitutions and transactions meet the holding the security of a single issuer to (other than with respect to ‘‘market standards of Section 26(c) of the Act and substitute another security for such timing’’ activity). are consistent with the standards of
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Section 17(b) of the Act and that the and Special Allocations Committees with the securities allocation process. In requested orders should be granted. into a single Allocations Committee for addition, the Commission believes that, For the Commission, by the Division of equities, options and other listed by providing the Performance Investment Management, pursuant to securities. The proposal would create a Committee with the sole authority to delegated authority. single Allocations Committee consisting reallocate securities in connection with Jonathan G. Katz, of the Chief Executive Officer (or his or specialist unit transfers, the proposed 6 Secretary. her designee ), a representative of an rule change is designed to streamline [FR Doc. E5–5944 Filed 10–25–05; 8:45 am] upstairs member firm and either: (i) the reallocation process in these special Four (4) brokers for equities and other BILLING CODE 8010–01–P circumstances. securities admitted to trading on the It is therefore ordered, pursuant to Exchange except for Exchange Traded section 19(b)(2) of the Act,10 that the SECURITIES AND EXCHANGE Funds and options; (ii) two (2) brokers proposed rule change (SR–Amex–2005– COMMISSION and two (2) Registered Traders for ETFs; 068), as amended, is approved. or (iii) two (2) brokers and two (2) For the Commission, by the Division of [Release No. 34–52646; File No. SR–Amex– Registered Options Traders for options. 2005–068] Market Regulation, pursuant to delegated The Chief Executive Officer (or his or authority.11 Self-Regulatory Organizations; her designee) would chair the Jonathan G. Katz, Allocations Committee and would not American Stock Exchange LLC; Order Secretary. Granting Approval of Proposed Rule vote except to make or break a tie. In the absence of the Chief Executive Officer [FR Doc. E5–5946 Filed 10–25–05; 8:45 am] Change and Amendment Nos. 1 and 2 BILLING CODE 8010–01–P Thereto Relating to Amendments to (or his or her designee), a Floor Amex Rules 26 and 27 Governor or a Senior Floor Official may chair the Allocation Committee. In SECURITIES AND EXCHANGE October 20, 2005. addition, the Exchange proposes to COMMISSION On June 17, 2005, the American Stock permit the Performance Committee to Exchange LLC (‘‘Amex’’ or ‘‘Exchange’’) reallocate securities in connection with [Release No. 34–52639; File No. SR–BSE– filed with the Securities and Exchange specialist unit transfers resulting from 2005–41] Commission (‘‘Commission’’), pursuant business transactions. to section 19(b)(1) of the Securities The Commission finds that the Self-Regulatory Organizations; Boston Exchange Act of 1934 (‘‘Act’’) 1 and Rule proposed rule change, as amended, is Stock Exchange, Inc.; Notice of Filing 19b–4 thereunder,2 a proposed rule consistent with the requirements of and Order Granting Accelerated change to: (i) Combine the Equities, section 6 of the Act,7 and the rules and Approval to Proposed Rule Change To Options and Special Allocations regulations thereunder applicable to a Establish Certain Fees With Respect to Committees into a single Allocations national securities exchange.8 In Transactions Executed Through the Committee; (ii) change the composition particular, the Commission finds that Intermarket Trading System of the new Allocations Committee; and the proposed rule change is consistent (iii) provide the Performance Committee with section 6(b)(5) of the Act,9 which October 19, 2005. with sole authority to reallocate requires, among other things, that the Pursuant to Section 19(b)(1) of the securities in connection with specialist Exchange’s rules be designed to prevent Securities Exchange Act of 1934 unit transfers resulting from business fraudulent and manipulative acts and (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 transactions. On June 30, 2005, Amex practices, to promote just and equitable notice is hereby given that on filed Amendment No. 1 to the proposed principles of trade, to foster cooperation September 9, 2005, the Boston Stock rule change.3 On August 19, 2005, and coordination with persons engaged Exchange, Inc. (‘‘BSE’’ or ‘‘Exchange’’) Amex filed Amendment No. 2 to the in facilitating transactions in securities, filed with the Securities and Exchange proposed rule change.4 The proposed and to remove impediments to and Commission (‘‘Commission’’ or ‘‘SEC’’) rule change, as amended, was published perfect the mechanism of a free and the proposed rule change as described for comment in the Federal Register on open market and a national market in Items I and II below, which Items September 1, 2005.5 The Commission system. The Commission believes that, have been prepared by the BSE. The received no comments on the proposal. by combining the Equities, Options and Commission is publishing this notice to This order approves the proposed rule Special Allocations Committees into a solicit comments on the proposed rule change, as amended. single Allocations Committee and change from interested persons, and is The proposed rule change would streamlining the composition of the approving the proposal on an combine the existing Equity, Options Allocations Committee, the proposed accelerated basis. rule change is designed to reduce I. Self-Regulatory Organization’s 1 15 U.S.C. 78s(b)(1). potential inefficiencies in connection 2 17 CFR 240.19b–4. Statement of the Terms of Substance of 3 In Amendment No. 1, the Exchange made a the Proposed Rule Change 6 technical correction to the proposed amendment to The Exchange represents that the designee of the Amex Rule 26 and proposed to amend Amex Rule Chief Executive Officer would be an Exchange The Exchange proposes to enter into 27 to reflect that, in the case of an equity security, employee knowledgeable about the securities arrangements with other national the list of qualified specialists shall consist of five business and capable of representing the views of securities exchanges to pass certain fees the Chief Executive Officer. Telephone conversation specialists. they have collected from members for 4 In Amendment No. 2, the Exchange proposed to of October 12, 2005, between Jeffery Burns, amend Amex Rule 27 to clarify: (1) the composition Associate General Counsel, Amex, and David transactions executed on another of the Allocations Committee for equities and other Michehl, Attorney, Division of Market Regulation, exchange through the Intermarket securities admitted for trading on the Exchange Commission. Trading System (‘‘ITS’’). This proposal except Exchange Traded Funds (‘‘ETFs’’) and 7 15 U.S.C. 78f(b). options; and (2) that the Allocations Committee 8 In approving this proposed rule change, the 10 may be chaired by the Chief Executive Officer’s Commission has considered the proposed rule’s 15 U.S.C. 78s(b)(2). designee. impact on efficiency, competition, and capital 11 17 CFR 200.30–3(a)(12). 5 See Securities Exchange Act Release No. 52334 formation. 15 U.S.C. 78c(f). 1 15 U.S.C. 78s(b)(1). (August 25, 2005), 70 FR 52146. 9 15 U.S.C. 78f(b)(5). 2 17 CFR 240.19b–4.
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does not require changes to BSE rule data for sales originating on one discussions in order to devise new text. exchange and executed on another arrangements for passing fees between exchange through the ITS.6 the ITS participants that (1) were II. Self-Regulatory Organization’s Section 31 requires that national collected from their members for the Statement of the Purpose of, and securities exchanges pay a fee based on months of September 2003 through Statutory Basis for, the Proposed Rule the aggregate dollar amount of sales of August 2004; and (2) are being collected Change securities transacted on the exchange. from their members beginning in In its filing with the Commission, the Given the specific language of Section September 2004 and continuing. This Exchange included statements 31, the Commission in the Adopting proposed rule change is being submitted concerning the purpose of, and basis for, Release for Rules 31 and 31T advised by the BSE with the understanding that the proposed rule change and discussed that the current methodology for the other exchanges participating in the any comments it received on the treating sales of securities that occur proposed arrangement devised by the proposed rule change. The text of these through ITS 7 was no longer appropriate subcommittee will be submitting statements may be examined at the and that ‘‘it would be simpler and more substantially similar rule change places specified in Item III below. The transparent for each covered [self- proposals.10 Exchange has prepared summaries, set regulatory organization (‘‘SRO’’)] to Pursuant to the new arrangement forth in Sections A, B, and C below, of report all covered sales that occur on its being proposed, each ITS participant the most significant aspects of such market.’’ The Commission further exchange determines whether it has statements. stated: received and executed more in dollar A. Self-Regulatory Organization’s The Commission acknowledges that a value of covered sales than it has Statement of the Purpose of, and covered SRO on which a covered sale occurs originated and sent to each other ITS Statutory Basis for, the Proposed Rule as a result of an incoming ITS order may not participant exchange. For example, for Change be able to collect funds to pay the Section 31 the historical period, September 2003 fee from one of its own members. However, through August 2004, SRO A sent ITS 1. Purpose Section 31 does not address the manner or commitments for covered sales whose extent to which covered SROs may seek to 3 dollar value was $150 million to SRO B Section 31 of the Act requires each recover the amounts that they pay pursuant national securities exchange to pay the to Section 31 from their members. Covered for execution. SRO A collected fees from Commission a fee based on the aggregate SROs may wish to devise new arrangements its members to fund its Section 31 dollar amount of certain sales of for passing fees between themselves so that obligation for those covered sales securities (‘‘covered sales’’). Rules 31 the funds are collected from the covered SRO executed on SRO B. SRO B, as the and 31T, adopted by the Commission in that originated the ITS order.8 executing market center, is obligated to June 2004,4 established procedures for The Commission further noted that pay the Section 31 fee to the SEC. the calculation and collection of Section any such arrangements devised by the During the same period, SRO B sent ITS 31 fees on such covered sales. Rule 31 SROs would have to be established commitments for covered sales whose requires each national securities pursuant to Section 19(b) of the Act and dollar value was $210 million to SRO A. exchange that owes Section 31 fees to Rule 19b–4 thereunder. SRO B collected fees from its members submit a completed Form R31 to the A subcommittee of the ITS Operating for those covered sales executed on SRO Commission each month, beginning Committee 9 (‘‘Subcommittee’’) has had A. SRO A, as the executing market with July 2004. Rule 31T required each center, is obligated to pay the Section 31 exchange to submit a completed Form 6 As a result of this and other inaccuracies in the fee to the SEC. Since SRO A executed R31 for each of the months September data reported by NSCC, the national securities a greater dollar value of covered sales exchanges were unable to report accurate from SRO B than it sent to SRO B, the 2003 to June 2004, inclusive. Each information on Form R31, unless they made national securities exchange must report adjustments to the NSCC data based on data other proposed arrangement requires SRO A its covered sales volume based on the than that provided by NSCC. On October 6, 2004, to determine the amount of the fees data from a designated clearing agency, the Commission’s Division of Market Regulation collected by SRO B from its members (‘‘Division’’) issued a ‘‘no-action’’ letter advising based on the aggregate dollar value of when available. The designated clearing exchanges for whom NSCC acts as a designated agency for covered sales of equity clearing agency under Rule 31, that the Division covered sales from SRO B and executed securities is the National Securities staff would not recommend that the Commission on SRO A through ITS commitments. take enforcement action if a national securities Clearing Corporation (‘‘NSCC’’). These When invoicing SRO B, SRO A will exchange adjusts the data provided by NSCC to deduct the amount of the fee it owes to covered sales are reported in Part I of accurately reflect covered sales occurring on the Form R31, and each exchange is national securities exchange. See letter from Robert SRO B (i.e., the fee amount based on L.D. Colby, Deputy Director, Division, Commission SRO A’s $210 million in aggregate required to ‘‘provide in Part I only the to Ellen J. Neely, Senior Vice President and General data supplied to it by a designated covered sales less the fee amount based Counsel, Chicago Stock Exchange, Inc. (‘‘CHX’’), on SRO B’s $150 million in aggregate clearing agency.’’ 5 The data supplied by dated October 6, 2004. 7 covered sales) and will invoice only for NSCC for the period September 2003 In the Adopting Release, the Commission described the current methodology: ‘‘SRO A sends the difference of $60 million. through August 2004 did not accurately an ITS commitment to a member of SRO B to sell Once the fees have been invoiced and reflect the aggregate dollar value of the a security, and the commitment is executed on SRO paid for the historical period, the ITS B. Under existing arrangements, SRO A pays the covered sales occurring on each participant exchanges plan to use the exchange to permit reports to be made Section 31 fee arising from this trade and passes the fee to its member that initiated the trade. * * * same arrangement for the period in accordance with new Rules 31 and [T]he SROs devised this system because SRO B beginning September 2004 and 31T. In particular, the data NSCC does not have the ability to require members of SRO continuing. It is anticipated that the A to reimburse it for the cost of its Section 31 fees.’’ reported to each national securities invoicing process will occur twice exchange included non-covered sales Adopting Release, 69 FR at 41067. 8 Id. yearly to coincide with the March 15 9 The ITS participants are American Stock 3 15 U.S.C. 78ee. Exchange LLC, BSE, Chicago Board Options 10 NASD has determined not to participate in the 4 See Securities Exchange Act Release No. 49928 Exchange, CHX, National Association of Securities arrangement for passing fees between exchanges (June 28, 2004), 69 FR 41060 (July 7, 2004) Dealers (‘‘NASD’’), National Stock Exchange, New although they participated in many of the (‘‘Adopting Release’’). York Stock Exchange (‘‘NYSE’’), Pacific Exchange, conference calls regarding the proposed 5 17 CFR 240.31(b)(5). and Philadelphia Stock Exchange. arrangement.
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and September 30 payment schedule for collected from members for transactions Securities and Exchange Commission, Section 31 fees set forth in the Act. executed on another SRO through ITS. Station Place, 100 F Street, NE., To implement this proposed For these reasons, the Exchange believes Washington, DC 20549–9303. arrangement, an ITS participant that the proposed rule change is All submissions should refer to File exchange will require access to the consistent with the Act and the rules Number SR–BSE–2005–41. This file aggregate dollar value of buy and sell and regulations thereunder that are number should be included on the transactions occurring through ITS. applicable to a national securities subject line if e-mail is used. To help the Under the proposed arrangement for exchange and, in particular, the Commission process and review your fees collected for the months of requirements of Section 6(b) of the comments more efficiently, please use September 2003 through August 2004, Act.12 Specifically, the Exchange only one method. The Commission will an ITS participant exchange may choose believes the proposed rule change is post all comments on the Commission’s to use data obtained from the Inter- consistent with the requirements of Internet Web site (http://www.sec.gov/ market Surveillance Information System Section 6(b)(5) of the Act,13 in that it is rules/sro.shtml). Copies of the (‘‘ISIS’’) or data that provides designed to promote just and equitable submission, all subsequent comparable information that includes principles of trade, to prevent amendments, all written statements aggregate dollar value of ITS fraudulent and manipulative acts and with respect to the proposed rule transactions.11 The ISIS data is sorted by practices, and, in general, to protect change that are filed with the originating market center (i.e., the investors and the public interest. In Commission, and all written sender of an ITS commitment) and addition, the Exchange believes that the communications relating to the receiving market center (i.e., the market proposed rule change is consistent with proposed rule change between the center that executes the ITS the provisions of Section 6(b)(4) of the Commission and any person, other than commitment). Using this data, each ITS Act,14 which requires that the rules of those that may be withheld from the participant exchange can determine on an exchange provide for the equitable public in accordance with the a monthly basis the dollar value of all allocation of reasonable dues, fees, and provisions of 5 U.S.C. 552, will be executed commitments sent to and other charges among its members and available for inspection and copying in received from another ITS participant issuers and other persons using its the Commission’s Public Reference exchange. facilities. Room. Copies of such filing also will be At its meeting on February 23, 2005, available for inspection and copying at the Subcommittee asked the Securities B. Self-Regulatory Organization’s the principal office of the BSE. All Industry Automation Corporation Statement on Burden on Competition comments received will be posted (‘‘SIAC’’) to determine the time and The Exchange does not believe that without change; the Commission does expense involved for SIAC to use the the proposed rule change will impose not edit personal identifying ITS database that it maintains to provide any burden on competition that is not information from submissions. You reports of the aggregate dollar value of necessary or appropriate in furtherance should submit only information that buy and sell transactions occurring of the purposes of the Act. you wish to make available publicly. All through ITS to the ITS participants. On submissions should refer to File C. Self-Regulatory Organization’s March 15, 2005, representatives of the Number SR–BSE–2005–41 and should Statement on Comments on the Subcommittee authorized SIAC to be submitted on or before November 16, Proposed Rule Change Received From develop new reports. SIAC has 2005. Members, Participants or Others developed these reports. Once a parallel testing period for the new reports in No written comments were solicited IV. Commission’s Findings and Order concluded, it will no longer be or received with respect to the proposed Granting Accelerated Approval of a necessary for ISIS data to be used. The rule change. Proposed Rule Change After careful consideration, the new reports provided by SIAC will be III. Solicitation of Comments used by ITS participants in connection Commission finds that the proposed with determining which ITS participant Interested persons are invited to rule change is consistent with the Act exchange will pay the fee for submit written data, views, and and the rules and regulations transactions occurring through ITS and arguments concerning the foregoing, thereunder applicable to a national which ITS participant exchange has including whether the proposed rule securities exchange.15 In particular, the collected the fee from its members. change is consistent with the Act. Commission believes that the proposal The BSE believes that the proposed Comments may be submitted by any of is consistent with Section 6(b)(4) of the arrangement is a fair and efficient means the following methods: Act,16 which requires that the rules of an exchange provide for the equitable for passing fees collected at one ITS Electronic Comments participant exchange based upon allocation of reasonable dues, fees, and executions of covered sales occurring at • Use the Commission’s Internet other charges among its members and another ITS participant exchange. The comment form (http://www.sec.gov/ issuers and other persons using its BSE acknowledges that the legal duty to rules/sro.shtml); or facilities. National securities exchanges report and pay the Section 31 fee • Send an e-mail to rule- obtain funds to pay their Section 31 fees remains with the ITS participant on [email protected]. Please include File to the Commission by charging fees to which the sale was in fact transacted. Number SR–BSE–2005–41 on the broker-dealers who generate the covered subject line. sales on which Section 31 fees are 2. Statutory Basis Paper Comments based. An exchange can obtain most of This proposal would establish a these funds by imposing a fee on one of • process for SROs to enter into Send paper comments in triplicate its members whenever the member is on arrangements to pass fees they have to Jonathan G. Katz, Secretary, 15 In approving this proposal, the Commission has 11 The NYSE has made available to the ITS 12 15 U.S.C. 78f(b). considered its impact on efficiency, competition, participants spreadsheets for each month in the 13 15 U.S.C. 78f(b)(5). and capital formation. See 15 U.S.C. 78c(f). period using the ISIS data. 14 15 U.S.C. 78f(b)(4). 16 15 U.S.C. 78f(b)(4).
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the sell side of a transaction. However, For the Commission, by the Division of publishing this notice to solicit when the exchange accepts an ITS Market Regulation, pursuant to delegated comments on the proposed rule change, 22 commitment to buy, the ultimate seller authority. as amended, from interested persons. is a party on another market. The Jonathan G. Katz, Secretary. I. Self-Regulatory Organization’s exchange lacks the ability to pass a fee Statement of the Terms of Substance of [FR Doc. E5–5921 Filed 10–25–05; 8:45 am] to that seller directly, because the seller the Proposed Rule Change may not be a member of the exchange. BILLING CODE 8010–01–P The Exchange proposes to amend its Under the proposed arrangement, which Fees Schedule relating to fees for the Commission understands will be SECURITIES AND EXCHANGE options on the DIAMONDS (‘‘DIA’’). adopted by each of the ITS participant COMMISSION 17 The text of the proposed rule change is exchanges, the exchange that routed available on the Exchange’s Web site the ITS commitment away will continue [Release No. 34–52643; File No. SR–CBOE– 2005–71] (http://www.cboe.com), at the to collect a fee from the broker-dealer Exchange’s Office of the Secretary, and that placed the sell order. Then, with Self-Regulatory Organizations; at the Commission’s Public Reference respect to each ITS participant Chicago Board Options Exchange, Room. The text of the proposed rule exchange, the exchange will determine Incorporated; Notice of Filing and change is also included below. Proposed whether it is a net sender or net receiver Immediate Effectiveness of a Proposed new language is italicized; proposed of ITS trades and send fees to or accept Rule Change and Amendment Nos. 1 deletions are in [brackets]. fees from each other exchange and 2 Thereto Relating to Transaction Chicago Board Options Exchange, Inc.— accordingly. The Commission believes Fees Assessed on DIAMONDS Options Fees Schedule this is an equitable manner for the exchanges to obtain funds to pay their October 20, 2005. [August 24]September 1, 2005 Section 31 fees on covered sales Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 1. Options Transaction Fees resulting from ITS trades. (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 (1)(3)(4)(7)(16): Per Contract. 18 Equity Options (13): Under Section 19(b)(2) of the Act, notice is hereby given that on the Commission may not approve any I.–IX. Unchanged. September 1, 2005, the Chicago Board QQQQ and SPDR OPTIONS: proposed rule change prior to the Options Exchange, Incorporated I.–VII. Unchanged. thirtieth day after the date of (‘‘CBOE’’ or ‘‘Exchange’’) filed with the INDEX OPTIONS (includes Dow Jones publication of the notice of filing Securities and Exchange Commission DIAMONDS, OEF and other ETF and thereof, unless the Commission finds (‘‘Commission’’) the proposed rule HOLDRs options): good cause for so doing. The change as described in Items I, II and III Commission hereby finds good cause for below, which Items have been prepared approving the proposed rule change by the CBOE. On September 8, 2005, the I. CUSTOMER (2): prior to the thirtieth day after CBOE submitted Amendment No. 1 to the proposed rule change.3 On October S&P 100, PREMIUM > or = $1 ... $.35 publishing notice of filing thereof in the S&P 100, PREMIUM < $1 ...... 20 Federal Register. In this case, the 17, 2005, the CBOE submitted MNX and NDX ...... 15 Commission does not believe a Amendment No. 2 to the proposed rule RUT and [REDUCED VALUE 4 comment period is necessary because all change. The CBOE has designated this RUSSELL 2000]RMN ...... 15 of the parties affected by the proposed proposal as one establishing or changing ETF and HOLDRs options [(except DIA)] ...... 15 fee—the other ITS participant a due, fee, or other charge imposed by the CBOE under section 19(b)(3)(A)(ii) OTHER INDEXES, PREMIUM > exchanges—have already consented to of the Act,5 and Rule 19b–4(f)(2) OR = $1 ...... 45 and will adopt the same fee thereunder,6 which renders the proposal OTHER INDEXES, PREMIUM < arrangement.19 $1 ...... 25 effective upon filing with the II. MARKET-MAKER AND DPM—EX- For the reasons set forth above, the 7 Commission. The Commission is CLUDING DOW JONES PROD- Commission finds good cause to UCTS: accelerate approval of the proposed rule 22 17 CFR 200.30–3(a)(12). OTHER THAN DIA (10) ...... 24 change pursuant to Section 19(b)(2) of 1 15 U.S.C. 78s(b)(1). MARKET-MAKER—DOW the Act.20 2 17 CFR 240.19b–4. JONES PRODUCTS (except 3 In Amendment No. 1, the Exchange made a DIA) (10) ...... 34 V. Conclusion technical change to the proposed rule text. III. MEMBER FIRM PROPRIETARY: 4 In Amendment No. 2, the Exchange revised the (11) It is therefore ordered, pursuant to proposed rule text to amend the transaction fees FACILITATION OF CUSTOMER 21 assessed to non-member market makers for orders Section 19(b)(2) of the Act, that the in DIA options sent to CBOE through the ORDER, MNX and NDX ...... 24 proposed rule change (SR–BSE–2005– Intermarket Options Linkage (‘‘Linkage’’) and FACILITATION OF CUSTOMER 41) is hereby approved on an outside of Linkage. The Exchange states that the ORDER, OTHER INDEXES .... .20 accelerated basis. transaction fees assessed to non-member market- NON-FACILITATION ORDER ...... 24 makers for orders in DIA options sent to CBOE IV. BROKER-DEALER (EXCLUDING through Linkage or outside of Linkage will be THE PRODUCTS BELOW) INDEX implemented on November 1, 2005. CUSTOMER RATES: 17 5 See letter from George W. Mann, Jr., Executive 15 U.S.C. 78s(b)(3)(A)(ii). ETF (except DIA), HOLDRS, 6 Vice President and General Counsel, BSE, and 17 CFR 240.19b–4(f)(2). RUT and [REDUCED VALUE 7 Chairman, Subcommittee, to Michael Gaw, The effective date of the original proposed rule RUSSELL 2000]RMN, PRE- Assistant Director, Division, Commission, dated change is September 1, 2005, the effective date of MIUM > or = $1 ...... 45 September 29, 2005. Amendment No. 1 is September 8, 2005, and the 18 15 U.S.C. 78s(b)(2). effective date of Amendment No. 2 is October 17, 2005. For purposes of calculating the 60-day period Commission considers the period to commence on 19 See supra note 17. within which the Commission may summarily October 17, 2005, the date on which the Exchange 20 Id. abrogate the proposed rule change, as amended, submitted Amendment No. 2. See 15 U.S.C. 21 Id. under Section 19(b)(3)(C) of the Act, the 78s(b)(3)(C).
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market-maker fees for orders in DIA The proposed rule change, as options sent to CBOE through Linkage amended, is intended to establish fees ETF (except DIA), HOLDRS, and outside of Linkage,8 and eliminate for CBOE’s DIA options that will be RUT and [REDUCED VALUE the market-maker license fee surcharge competitive with fees charged by other RUSSELL 2000]RMN, PRE- applicable to transactions in DIA exchanges for transactions in DIA MIUM < $1 ...... 25 options. DIA, MNX and NDX ...... 25 options. V. NON-MEMBER MARKET MAKER: In particular, the transaction fees for The Exchange also proposes to make DIA ...... $.26 public customer transactions in DIA a minor technical amendment to its Fees S&P 100 (including OEF), PRE- options are currently $.45 per contract Schedule to change references relating MIUM > or = $1 ...... 37 if the premium is equal to or greater to ‘‘Reduced Value Russell 2000’’ S&P 100 (including OEF), PRE- than $1, and $.25 per contract if the options to its ticker symbol, ‘‘RMN.’’ MIUM < $1 ...... 22 premium is less than $1. The Exchange OTHER INDEXES, PREMIUM > proposes to reduce the transaction fees 2. Statutory Basis or = $1 ...... 47 for public customer transactions in DIA OTHER INDEXES, PREMIUM < options to $.15 per contract, regardless The CBOE believes that the proposed $1 ...... 27 of the premium. Moreover, the rule change, as amended, is consistent VI. MNX and NDX LICENSE FEE with section 6(b) of the Act,12 in (15) .10 transaction fees for broker-dealer transactions in DIA options are general, and furthers the objectives of VII. RUT DPM and MARKET MAKER section 6(b)(4) of the Act,13 in LICENSE FEE currently $.45 per contract if the (Russell 2000 cash settled index) premium is equal to or greater than $1, particular, in that it is designed to (12) ...... 10 and $.25 per contract if the premium is provide for the equitable allocation of VIII. LINKAGE ORDERS (8)(15): less than $1. The Exchange proposes to reasonable dues, fees, and other charges DIA ...... 26 reduce the transaction fees for broker- among CBOE members. S&P 100 (OEF), PREMIUM > or dealer transactions in DIA options to B. Self-Regulatory Organization’s = $1 ...... 35 $.25 per contract, regardless of the S&P 100 (OEF), PREMIUM < $1 .20 Statement on Burden on Competition OTHER INDEXES, PREMIUM > premium. Further, the transaction fees or = $1 ...... 45 for non-member market-maker The CBOE does not believe that the OTHER INDEXES, PREMIUM < transactions in DIA options are proposed rule change, as amended, will $1 ...... 25 currently $.47 per contract if the impose any burden on competition. 2. MARKET-MAKER, RMM, e-DPM & premium is greater than or equal to $1, C. Self-Regulatory Organization’s DPM MARKETING FEE (in option and $.27 per contract if the premium is Statement on Comments on the classes in which a DPM has been less than $1. The transaction fees Proposed Rule Change Received From appointed) (6)(16): Unchanged. assessed to non-member market-makers Members, Participants or Others 3. FLOOR BROKERAGE FEE for orders in DIA options sent to CBOE (1)(5)(16): Unchanged. through Linkage are currently $.45 per No written comments were solicited 4. RAES ACCESS FEE (RETAIL contract if the premium is greater than or received with respect to the proposed AUTOMATIC EXECUTION SYSTEM) or equal to $1, and $.25 per contract if rule change. the premium is less than $1. The (1)(4)(16): Unchanged. III. Date of Effectiveness of the * * * * * Exchange proposes to change both the non-member market maker transaction Proposed Rule Change and Timing for II. Self-Regulatory Organization’s fee and the Linkage transaction fee for Commission Action Statement of the Purpose of, and transactions in DIA options to $.26 per The foregoing proposed rule change, Statutory Basis for, the Proposed Rule contract, regardless of the premium.9 as amended, has been designated as a Change In addition, the Exchange currently fee change pursuant to section In its filing with the Commission, the charges market-makers that trade Dow 19(b)(3)(A)(ii) of the Act 14 and Rule CBOE included statements concerning Jones products, including DIA options, 19b–4(f)(2) 15 thereunder, because it the purpose of, and basis for, the a license fee of $.10 per contract in establishes or changes a due, fee or proposed rule change, as amended, and addition to the regular transaction fee of other charge imposed by the Exchange. discussed any comments it received on $.24 per contract, to assist the Exchange Accordingly, the proposal will take the proposed rule change, as amended. in offsetting some of the royalty fees the effect upon filing with the The text of these statements may be Exchange must pay to Dow Jones for its Commission.16 At any time within 60 10 examined at the places specified in Item license to trade Dow Jones products. days of the filing of the proposed rule IV below. The CBOE has prepared The Exchange proposes to eliminate the change, as amended, the Commission summaries, set forth in sections A, B, $.10 license fee solely with respect to may summarily abrogate such rule and C below, of the most significant market-maker transactions in DIA change if it appears to the Commission 11 aspects of such statements. options. that such action is necessary or appropriate in the public interest, for A. Self-Regulatory Organization’s 8 See Amendment No. 2, supra note 4. the protection of investors, or otherwise Statement of the Purpose of, and 9 See Amendment No. 2, supra note 4. According in furtherance of the purposes of the Statutory Basis for, the Proposed Rule to CBOE, the proposed changes to the transaction fees assessed to non-member market-makers for Act.17 Change orders in DIA options sent to CBOE through Linkage or outside of Linkage will be implemented 1. Purpose fee for market-makers that trade DIA options will on November 1, 2005. be $.24 per contract. The Exchange proposes to amend its 10 See Securities Exchange Act Release No. 48223 12 15 U.S.C. 78f(b). (July 24, 2003), 68 FR 44978, 44979 (July 31, 2003). Fees Schedule to amend certain fees for 13 15 U.S.C. 78f(b)(4). 11 The Commission notes that the Exchange DIA options. Specifically, the Exchange 14 currently charges market-makers that trade Dow 15 U.S.C. 78s(b)(3)(A)(ii). proposes to reduce customer and Jones products, including DIA options, a total fee 15 17 CFR 240.19b–4(f)(2). broker-dealer fees for transactions in of $.34 per contract, which reflects a $.10 licensing 16 See supra note 7. DIA options, amend non-member fee surcharge. Under the proposed rule change, the 17 Id.
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IV. Solicitation of Comments For the Commission, by the Division of (A) Self-Regulatory Organization’s Market Regulation, pursuant to delegated Statement of the Purpose of, and 18 Interested persons are invited to authority. Statutory Basis for, the Proposed Rule submit written data, views, and Jonathan G. Katz, Change arguments concerning the foregoing, Secretary. including whether the proposed rule [FR Doc. E5–5945 Filed 10–25–05; 8:45 am] The purpose of the proposed rule change, as amended, is consistent with BILLING CODE 8010–01–P change is to amend the rules of GSD to the Act. Comments may be submitted by require netting members to satisfy their any of the following methods: funds-only settlement amounts SECURITIES AND EXCHANGE ultimately through the Federal Reserve’s Electronic Comments COMMISSION NSS.3 GSD’s funds-only settlement • Use the Commission’s Internet process is set forth in GSD Rule 13. On comment form (http://www.sec.gov/ [Release No. 34–52631; File No. SR–FICC– a daily basis, FICC reports a funds-only rules/sro.shtml); or 2005–14] settlement amount, which is either a debit amount or a credit amount, to each • Send an e-mail to rule- Self-Regulatory Organizations; Fixed netting member. Each netting member [email protected]. Please include File Income Clearing Corporation; Notice of that has a debit is required to satisfy its Number SR–CBOE–2005–71 on the Filing of a Proposed Rule Change obligation by the applicable deadline. subject line. Relating to the Federal Reserve’s Netting members with credits are Paper Comments National Settlement System subsequently paid by FICC by the • October 18, 2005. applicable deadline. All payments of Send paper comments in triplicate funds-only settlement amounts by a Pursuant to Section 19(b)(1) of the to Jonathan G. Katz, Secretary, netting member to FICC and all Securities Exchange Act of 1934 Securities and Exchange Commission, collections of funds-only settlement (‘‘Act’’),1 notice is hereby given that on 100 F Street, NE., Washington, DC amounts by a netting member from FICC 20549–9303. September 9, 2005, Fixed Income Clearing Corporation (‘‘FICC’’) filed are done through depository institutions All submissions should refer to File with the Securities and Exchange that are designated by such netting Number SR–CBOE–2005–71. This file Commission (‘‘Commission’’) the member and FICC to act on their number should be included on the proposed rule change as described in behalves with regard to such payments subject line if e-mail is used. To help the Items I, II, and III below, which items and collections. All payments are made Commission process and review your have been prepared primarily by FICC. by fund wires from one depository comments more efficiently, please use The Commission is publishing this institution to the other. only one method. The Commission will notice to solicit comments on the In 1997, the Commission approved an post all comments on the Commission’s proposed rule change from interested enhancement to GSCC’s 4 funds-only Internet Web site (http://www.sec.gov/ persons. settlement payment processing (‘‘1997 rules/sro.shtml). Copies of the I. Self-Regulatory Organization’s Filing’’).5 This enhancement gave submission, all subsequent Statement of the Terms of Substance of members the option to participate in an amendments, all written statements the Proposed Rule Change auto-debit arrangement that was to with respect to the proposed rule eliminate the need to send fund wires change, as amended, that are filed with The proposed rule change would for the satisfaction of funds-only the Commission, and all written amend the rules of FICC’s Government settlement payments. Under the auto- communications relating to the Securities Division (‘‘GSD’’) to have deposit arrangement, GSCC, the netting proposed rule change, as amended, funds-only settlement obligation member, and the netting member’s between the Commission and any payment processing occur through the depository institution would enter into person, other than those that may be Federal Reserve’s National Settlement a ‘‘funds-only settlement procedures System (‘‘NSS’’). withheld from the public in accordance agreement’’ whereby the depository with the provisions of 5 U.S.C. 552, will II. Self-Regulatory Organization’s institution would pay or collect funds- be available for inspection and copying Statement of the Purpose of, and only settlement amounts on behalf of in the Commission’s Public Reference Statutory Basis for, the Proposed Rule the netting member and GSCC through Room. Copies of such filing also will be Change accounts of the member at the available for inspection and copying at depository institution. As a result, the the principal office of the CBOE. All In its filing with the Commission, FICC included statements concerning comments received will be posted 3 This is consistent with the manner in which without change; the Commission does the purpose of and basis for the FICC’s affiliates, The Depository Trust Company not edit personal identifying proposed rule change and discussed any (‘‘DTC’’) and the National Securities Clearing information from submissions. You comments it received on the proposed Corporation (‘‘NSCC’’), handle their funds rule change. The text of these statements settlement process. DTC and NSCC do not currently should submit only information that may be examined at the places specified use NSS for the processing of funds credits, you wish to make available publicly. All whereas FICC is proposing to have the GSD process in Item IV below. FICC has prepared submissions should refer to File both the debits and credits of its funds-only summaries, set forth in Sections (A), (B), settlement process through NSS. Number SR–CBOE–2005–71 and should and (C) below, of the most significant 4 The Government Securities Clearing be submitted on or before November 16, aspects of such statements.2 Corporation (‘‘GSCC’’) was the predecessor to GSD. 2005. GSCC became the GSD division of FICC when GSCC and the Mortgage Backed Securities Clearing 18 17 CFR 200.30–3(a)(12). Corporation were merged to create FICC in 2002. 1 15 U.S.C. 78s(b)(1). 5 Securities Exchange Act Release No. 39309 2 The Commission has modified parts of these (November 7, 1997), 62 FR 61158 (November 14, statements. 1997) [File No. SR–GSCC–97–06].
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need for fund wire payments would be new rules. This will include, for funds-only settlement amounts, which eliminated.6 example, providing FICC or its are set forth in the GSD’s rules. The proposed rule change will replace settlement agent with the requisite FICC believes the proposed rule the auto-debit process of the 1997 Filing acknowledgement of the bank’s change is consistent with the and will provide even further intention to settle the funds-only requirements of Section 17A of the Act, enhancements to the current approach settlement amounts of the netting and the rules and regulations to payment processing than was members it represents on a timely basis thereunder because it will enhance the envisioned by the 1997 Filing. Under and participating in the NSS process. current operation of the GSD’s funds- the proposed rule change, the required Funds-only settling banks will have the only settlement payment process by payment mechanism for the satisfaction right to refuse to settle for a particular promoting the timely processing of of funds-only settlement amounts will netting member and will also be able to funds payments and credits. As such, be the NSS. FICC will appoint The opt out of NSS for one business day if the proposed rule change should Depository Trust Company (‘‘DTC’’) as they are experiencing extenuating support the prompt and accurate its settlement agent for purposes of circumstances.9 Under FICC’s proposal, clearance and settlement of securities interfacing with the NSS.7 the netting member shall be responsible transactions. In order to satisfy their funds-only for ensuring that its funds-only debit is settlement obligations through the NSS (B) Self-Regulatory Organization’s wired to the depository institution Statement on Burden on Competition process, netting members must appoint designated by FICC for this purpose by banks or trust companies to act as their the payment deadline. The proposed FICC does not believe that the ‘‘funds-only settling banks.’’ A netting rule change makes clear that the proposed rule change would have any member that qualifies may act as its obligation of a netting member to fulfill impact or impose any burden on competition. own funds-only settling bank. its funds-only settlement amount The GSD will establish a limited remains at all times with the netting (C) Self-Regulatory Organization’s membership category for the funds-only member. Statement on Comments on the settling banks. Banks or trust companies As FICC’s settlement agent, DTC will Proposed Rule Change Received From that are DTC settling banks, as defined submit instructions to have the Federal Members, Participants, or Others in DTC’s rules and procedures, or that Reserve Bank accounts of the funds-only are GSD netting members with direct Written comments relating to the settlement banks charged for the debit access to the Federal Reserve and the proposed rule change have not been amounts and credited for the credit NSS will be eligible to become GSD solicited or received. amounts. Utilization of NSS will funds-only settling bank members by eliminate the need for the initiation of III. Date of Effectiveness of the executing the requisite membership wire transfers in satisfaction of funds- Proposed Rule Change and Timing for agreement for this purpose. Other banks only settlement amounts, and FICC Commission Action or trust companies that desire to become believes that it will therefore reduce the Within thirty-five days of the date of funds-only settling bank members must risk that the netting member that publication of this notice in the Federal apply to FICC. They must also have designated the bank may incur a late Register or within such longer period (i) direct access to a Federal Reserve Bank payment fine due to delay in wiring as the Commission may designate up to and the NSS as well as satisfy the funds. The proposal will also reduce ninety days of such date if it finds such financial responsibility standards operational burden for the operations longer period to be appropriate and imposed by FICC from time to time. staff of FICC. publishes its reasons for so finding or Initially, these applicants must meet The NSS is governed by the Federal (ii) as to which the self-regulatory and maintain a Tier 1 capital ratio of 6 organization consents, the Commission percent.8 Reserve’s Operating Circular No. 12 (‘‘Circular’’). Under the Circular, DTC, will: In addition to the membership (a) By order approve the proposed agreement, the funds-only settling bank as FICC’s settlement agent, has certain responsibilities with respect to an rule change or and the netting member must execute an (b) Institute proceedings to determine agreement whereby the member will indemnity claim made by a relevant Federal Reserve Bank as a result of the whether the proposed rule change appoint the bank to act on its behalf for should be disapproved. funds-only settlement purposes. The NSS process. FICC will apportion the bank must also execute any agreements entirety of any such liability to the IV. Solicitation of Comments netting members for whom the funds- required by the Federal Reserve Bank Interested persons are invited to only settling bank to which the for participation in the NSS for FICC’s submit written data, views, and indemnity claim relates was acting. This funds-only settlement process. arguments concerning the foregoing, allocation will be done in proportion to The funds-only settling banks will be including whether the proposed rule the amount of such members’ funds- required to follow the procedures for change is consistent with the Act. only settlement amounts on the funds-only settlement payment Comments may be submitted by any of business day in question. If for any processing set forth in FICC’s proposed the following methods: reason such allocation is not sufficient 6 This was a voluntary arrangement that was to fully satisfy the Federal Reserve Electronic Comments never implemented because until recently GSCC Bank’s indemnity claim, the remaining • Use the Commission’s Internet and then GSD continued to make manual loss shall be treated as an ‘‘Other Loss’’ adjustments to the final funds-only settlement comment form (http://www.sec.gov/ amounts of netting members. These manual as defined by the GSD’s Rule 4 and rules/sro.shtml) or adjustments have recently largely been eliminated. allocated accordingly. • Send an e-mail to rule-comments@ 7 DTC currently performs this service for NSCC. The proposed rule change will not sec.gov. Please include File Number SR– 8 This is the same financial requirement for NSCC change the current GSD deadlines FICC–2005–14 on the subject line. settling bank-only members. Under FICC’s proposal, regarding the payment and receipt of FICC would retain the discretion to change this Paper Comments financial criterion by providing advanced notice to • the fund-only settling banks and the netting 9 These procedures are consistent with the NSCC Send paper comments in triplicate members through important notice. and DTC procedures in this respect. to Jonathan G. Katz, Secretary,
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Securities and Exchange Commission, (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 (5) The terms and conditions of the 100 F Street, NE., Washington, DC notice is hereby given that on June 22 order which result in the transaction, as 20549–9303. and September 22, 2005, the National communicated to the member and All submissions should refer to File Association of Securities Dealers, Inc. persons associated with the member. Number SR–FICC–2005–14. This file (‘‘NASD’’) filed with the Securities and (b) through (g) No change. number should be included on the Exchange Commission (‘‘Commission’’ * * * * * subject line if e-mail is used. To help the or ‘‘SEC’’) Amendments No. 3 and 4 to II. Self-Regulatory Organization’s Commission process and review your the proposed rule change as described Statement of the Purpose of, and comments more efficiently, please use in Items I, II, and III below which Items Statutory Basis for, the Proposed Rule have substantially been prepared by the only one method. The Commission will Change post all comments on the Commission’s NASD. The proposed rule change, Internet Web site (http://www.sec.gov/ incorporating Amendments No. 1 and 2, In its filing with the Commission, rules/sro.shtml). Copies of the was published for comment in the NASD included statements concerning submission, all subsequent Federal Register on February 25, 2005.3 the purpose of and basis for the amendments, all written statements The Commission is publishing this proposed rule change and discussed any with respect to the proposed rule notice to solicit comments on the comments it received on the proposed change that are filed with the proposed rule change, as amended by rule change. The text of these statements Commission, and all written Amendments No. 3 and 4 from may be examined at the places specified communications relating to the interested persons. in Item IV below. NASD has prepared summaries, set forth in Sections A, B, proposed rule change between the I. Self-Regulatory Organization’s Commission and any person, other than and C below, of the most significant Statement of the Terms of Substance of aspects of such statements. those that may be withheld from the the Proposed Rule Change public in accordance with the A. Self-Regulatory Organization’s provisions of 5 U.S.C. 552, will be In response to comments on the Statement of the Purpose of, and available for inspection and copying in original proposal, NASD is proposing Statutory Basis for, the Proposed Rule the Commission’s Public Reference additional amendments to Rule 2320(a) Change Section, 100 F Street, NE., Washington, (‘‘Best Execution Rule’’). Below is the DC 20549. Copies of such filing also will text of the proposed rule change marked 1. Purpose be available for inspection and copying to show changes from the text that was Background published previously.4 Proposed at the principal office of FICC and on The Best Execution Rule currently deletions are in brackets. The discussion FICC’s Web site at http://www.ficc.com. requires a member, in any transaction section of this notice focuses on the All comments received will be posted for or with a customer, to use reasonable changes made in Amendments No. 3 without change; the Commission does diligence to ascertain the best inter- and 4. For an explanation of the original not edit personal identifying dealer market for a security and to buy filing, see the release cited in footnote information from submissions. You or sell in such a market so that the price 3. should submit only information that to the customer is as favorable as you wish to make available publicly. All 2300. TRANSACTIONS WITH possible under the prevailing market submissions should refer to File CUSTOMERS conditions. NASD has received a Number SR–FICC–2005–14 and should number of questions regarding the be submitted on or before November 16, 2320. Best Execution and Interpositioning application of the term ‘‘customer,’’ in 2005. the context of best execution. NASD For the Commission by the Division of (a) In any transaction for or with a Rule 0120(g) defines ‘‘customer’’ to Market Regulation, pursuant to delegated customer or a customer of another exclude a broker or dealer, unless the authority.10 broker-dealer, a member and persons context otherwise requires. For Jonathan G. Katz, associated with a member shall use example, if a firm that receives an order Secretary. reasonable diligence to ascertain the from a customer (‘‘originating broker- [FR Doc. E5–5943 Filed 10–25–05; 8:45 am] best market [center] for the subject dealer’’) routes the order to a member BILLING CODE 8010–01–P security and buy or sell in such market firm (‘‘recipient member’’) and the [center] so that the resultant price to the recipient member executes the order in customer is as favorable as possible a manner inconsistent with the Best SECURITIES AND EXCHANGE under prevailing market conditions. Execution Rule, the recipient member COMMISSION Among the factors that will be could argue that it has not violated the considered in determining whether a Best Execution Rule because the [Release No. 34–52637; File No. SR–NASD– member has used ‘‘reasonable transaction was not ‘‘for or with a 2004–026] diligence’’ are: customer,’’ but rather for or with a (1) The character of the market for the broker-dealer. Self-Regulatory Organizations; security, e.g., price, volatility, relative NASD believes that not applying the National Association of Securities liquidity, and pressure on available Best Execution Rule to recipient Dealers, Inc.; Notice of Filing of communications; members is contrary to both the Amendments No. 3 and 4 to Proposed (2) The size and type of transaction; interests of the investing public and the Rule Change To Amend NASD Rule (3) The number of markets checked; general intent of the Best Execution 2320(a) Governing Best Execution (4) Accessibility of the quotation; and Rule. October 19, 2005. Proposal 1 Pursuant to Section 19(b)(1) of the 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. NASD filed Amendments No. 3 and 4 Securities Exchange Act of 1934 3 See Securities Exchange Act Release No. 51229 in response to the commenters’ (Feb. 18, 2005), 70 FR 9416. concerns about how the proposed rule 10 CFR 200.30–3(a)(12). 4 Id. change would apply to the debt markets
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and in instances where another broker- from other broker-dealers arises only June 22, 2005, the NASD responded to dealer is simply executing a customer when an order is routed from the the comments.10 BMA responded to the order against a member’s quote. broker-dealer to the member for the NASD’s response.11 Amendment No. 3 deletes proposed purpose of order handling and The BMA submitted a comment letter references to market centers and instead execution. This clarification is intended stating, among other things, its belief uses the term ‘‘market.’’ NASD is to draw a distinction between those that NASD only considered equities making this change in response to situations in which the member is trading when drafting the proposed rule comments that suggest that the term acting solely as the buyer or seller in change.12 Specifically, BMA states that ‘‘market center’’ would: (1) Create an connection with orders presented by a NASD’s proposed change of terminology unfair competitive disparity in the broker-dealer against the member’s in an attempt to clarify and modernize equity market; and (2) create confusion quote, as opposed to those the Best Execution Rule exemplifies and problems of interpretation, circumstances in which the member is how the rule change was drafted to application, and enforcement in the accepting order flow from another address equities trading only and states debt market. While the term ‘‘market’’ broker-dealer for the purpose of further that changing ‘‘inter-dealer’’ has been in the text of NASD Rule 2320 facilitating the handling and execution markets to ‘‘market centers’’ has no since its adoption, it is an undefined of such orders. meaning in the context of the bond term. Accordingly, NASD is providing market. BMA believes the proposal is interpretive guidance that states that, for 2. Statutory Basis inappropriate for fixed income purposes of NASD Rule 2320, the term NASD believes that the proposed rule securities and, if adopted, would ‘‘market’’ or ‘‘markets’’ should be change is consistent with the provisions exacerbate existing difficulties with interpreted broadly to include a variety of Section 15A of the Act,6 in general, regard to bond trading. In addition, of different venues, including, but not and with Section 15A(b)(6) of the Act,7 BMA believes applying the Best limited to, market centers that are in particular, which requires that NASD Execution Rule, as amended, is trading a particular security. Such an rules be designed to prevent fraudulent impractical, unfair, anti-competitive, expansive interpretation is for the and manipulative acts and practices, to unworkable in the case of the bond purposes of both informing broker- promote just and equitable principles of market, and inconsistent with a dealers as to the scope of venues that trade, and, in general, to protect customer’s reasonable expectations of must be considered in the furtherance of investors and the public interest. The how its orders will be handled. their best execution obligations and obligation of a member firm to provide NASD appreciates the comments of promoting fair competition among best execution to its customers has long BMA but does not find them to be broker-dealers, exchange markets, and been an important investor protection persuasive. Essentially, BMA is markets other than exchange markets, as rule, characteristic of fair and orderly advocating, for a number of reasons, that well as any other venue that may markets and a central focus of NASD’s the Best Execution Rule is not emerge, by not mandating that certain examination, customer complaint, and applicable to the debt market. However, trading venues have less relevance than automated surveillance programs. the terms of NASD Rule 2320 have others in the course of best execution. NASD believes that the proposed rule never been limited to equity securities In Amendment No. 3, NASD also is change will expand customer protection and the consistency of this observation providing interpretive guidance under the Best Execution Rule, provide is expressed in NASD Rule 0116 in concerning how the Best Execution Rule better clarity to members, and enhance which the Best Execution Rule, among should be applied in the debt market NASD’s ability to pursue actions for others, is made applicable to with respect to one of the factors used failure to provide best execution. transactions and business activities to determine if a member has used relating to exempted securities (other reasonable diligence: Accessibility of B. Self-Regulatory Organization’s than municipal securities) conducted by the quotation. When quotations are Statement on Burden on Competition members and associated persons.13 available, such as for certain liquid debt NASD does not believe that the securities, NASD will consider the proposed rule change will result in any (‘‘Instinet’’) dated March 22, 2005 (‘‘Instinet ‘‘accessibility of such quotations’’ when Letter’’); Michele C. David, Vice President and burden on competition that is not Assistant General Counsel, The Bond Market examining whether a member has used necessary or appropriate in furtherance Association (‘‘BMA’’) dated April 5, 2005 (‘‘BMA reasonable diligence. For purposes of of the purposes of the Act, as amended. Letter’’); all of which were addressed to Jonathan debt, the term ‘‘quotation’’ refers to G. Katz, Secretary, Commission. either dollar (or other currency) pricing C. Self-Regulatory Organization’s 10 See Amendment No. 3. or yield pricing.5 Statement on Comments on the 11 See letter from Marjorie Gross, Senior Vice Proposed Rule Change Received From President and Regulatory Counsel, BMA to Jonathan Amendment No. 4 clarified that a G. Katz, Secretary Commission, dated September 6, member’s duty to provide best Members, Participants, or Others 2005 (‘‘BMA Letter 2’’). execution in any transaction ‘‘for or On February 25, 2005, the SEC 12 NASD did not intend to only consider equity with a customer of another broker- published SR–NASD–2004–026 for trading when drafting this proposal. In this rule proposal, NASD is again clarifying that the Best dealer’’ does not apply in instances 8 comment in the Federal Register. The Execution Rule is applicable to the debt market, and when another broker-dealer is simply SEC received three comment letters in is providing additional interpretive guidance. executing a customer order against the response to the publication of the rule Specifically, NASD is providing interpretive member’s quote. Stated in another proposal in the Federal Register.9 On guidance with respect to the ‘‘accessibility of the manner, the duty to provide best quotations’’ reasonable diligence factor and the application of this factor in the debt market. When execution to customer orders received 6 15 U.S.C. 78o–3. quotations are available, such as for certain liquid 7 15 U.S.C. 78o–3(b)(6). debt securities, NASD will consider the 5 NASD notes, however, that accessibility is only 8 See footnote 3, supra. ‘‘accessibility of such quotations’’ when examining one of the non-exhaustive reasonable diligence 9 See letters from Amal Aly, Vice President and whether a member has used due diligence. In such factors set out in NASD Rule 2320. In the absence Associate General Counsel, and Ann Vlcek, Vice instances, the term ‘‘quotation’’ refers to either of accessibility, members are not relieved from President and Associate General Counsel, Securities dollar (or other currency) pricing or yield pricing. taking reasonable steps and employing their market Industry Association (‘‘SIA’’) dated March 18, 2005 13 See Securities Exchange Act Release No. 44631 expertise in achieving the best execution of (‘‘SIA Letter’’); Paul A. Merolla, Executive Vice (July 31, 2001), 66 FR 41283 (August 7, 2001) customer orders. President and General Counsel, Instinet Group, Inc. (Approval of SR–NASD–2000–38).
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Further, BMA asserts that the term BMA fails to recognize that the Best undermined by the elasticity of NASD ‘‘market center’’ is an equity term and Execution Rule has been in place since Rule 2320 in its recognition that the cannot be applied in the context of debt. 1968. It was adopted at a time when the character of the market will be among The NASD acknowledges that the term market structure of the OTC market was the reasonable diligence factors in the ‘‘market center’’ has traditionally been quite different. There was significantly execution of the obligation. used in connection with certain equity less market transparency. Trading BMA posits that extending best securities. For example, Rule 600(b)(38) decisions and pricing information were execution obligations to customers of under the Act,14 which is applicable to based upon telephone and wire another broker-dealer is inconsistent national market system securities, quotations as well as quotations in the with a customer’s reasonable defined ‘‘market center’’ as any National Quotation Bureau sheet. At expectations of how its orders will be exchange market maker, over-the- that time, in response to a handled because the customer would counter (OTC) market maker, alternative recommendation made in Chapter VII of not have the same expectations of the trading system, national securities the Report of Special Study of Securities chain of ‘‘unknown’’ intermediary firms exchange, or national securities Markets of the Securities and Exchange involved in its transactions. NASD association. In seeking to modernize the Commission,16 NASD had recently strongly disagrees with BMA.18 BMA’s Best Execution Rule, NASD sought a adopted a policy with respect to assertion that customers’ expectations recognized term that was aimed broadly firmness of quotations. Furthermore, no would somehow be different when an at capturing order execution venues. uniform, regulated inter-market, inter- ‘‘unknown’’ intermediary is involved is However, in response to comments, dealer linkage existed. The fact is that inconsistent with the generally including BMA’s concerns that use of the Best Execution Rule has been in recognized principle that customers this term may introduce confusion in force since the time when the OTC generally seek their own economic gain the debt market; NASD has determined equity market more closely resembled and that broker-dealers have a to amend the Best Execution Rule to the current fixed income market. corresponding duty to use reasonable instead use the term ‘‘market.’’ It should The principles embodied in the Best efforts to maximize the economic 19 be noted, as discussed above, that the Execution Rule have evolved over time benefits for their customers. There is term ‘‘market’’ or ‘‘markets’’ for with changes in technology and the nothing in the case law that suggests 17 purposes of NASD Rule 2320, should be structure of the financial markets. This that a broker-dealer’s determination to interpreted broadly to include a variety evolution arises because the standard in use an unrelated intermediary should of different venues, including but not the Best Execution Rule is one of relieve its duties in this regard. NASD limited to market centers that are ‘‘reasonable diligence’’ that is assessed strongly believes that customers are trading a particular security. Such an by examining specific factors including entitled to receive equivalent best expansive interpretation is for the ‘‘the character of the market for the execution protections without regard to purposes of both informing broker- security.’’ Accordingly, the whether their order is executed by the dealers as to the scope of venues that determination as to whether a member originating broker-dealer or routed to or must be considered in the furtherance of has satisfied its best execution through another broker-dealer for their best execution obligations and obligations necessarily involves a ‘‘facts execution. promoting fair competition among and circumstances’’ analysis. In sum, in The SIA and Instinet submitted broker-dealers, exchange markets, and its refutation of the best execution comment letters that, taken together, markets other than exchange markets, as obligation in the context of the debt promote the view that a recipient markets, BMA is incorrect as a matter of well as any other venue that may broker-dealer’s compliance with the law and regulation. Moreover, BMA’s emerge; it is not NASD’s intention to terms and conditions of the order, as policy attack on this important investor mandate that certain trading venues communicated by the originating protection safeguard is fatally have less relevance than others in the broker-dealer, solely, should constitute course of best execution. satisfaction of its best execution Notwithstanding these observations, they do not BMA also believes imposing a best obligation with regard to such routed obviate the application of the Best Execution Rule orders. SIA and Instinet assert that this execution obligation on a ‘‘downstream’’ in wholesale fashion. As discussed subsequently in chain of dealers is impractical, unfair, the text, NASD’s Best Execution Rule looks at a is appropriate because the recipient anti-competitive, and unworkable in the number of factors, including the character of the broker-dealer is not in the same position market for the security, to determine whether a as the routing firm to weigh the relative case of the bond market. BMA argues member or associated person(s) has used reasonable that such an obligation should not be diligence. Accordingly, it can be applied in a 18 It has been NASD’s consistent position since at imposed on recipient broker-dealers variety of different markets that can possess divergent characteristics, including the U.S. debt least 1963 that ‘‘the integrity of the industry can be because there is no pre-trade quote market. maintained only if the fundamental principle that transparency, no mandatory firm quote 16 See Report of Special Study of Securities a customer should at all times get the best available obligation, and no uniform, regulated Markets of the Securities and Exchange price which can reasonably be obtained for him is followed.’’ See, Report of Special Study of inter-market and inter-dealer linkage.15 Commission, H.R. Doc. No. 95, 88th Cong., 1st Sess., pt. II, 674 (1963). Securities Markets of the Securities and Exchange 17 The SEC has expressly recognized the evolving Commission, H.R. Doc. No. 95, 88th Cong., 1st 14 17 CFR 242.600(b)(38). nature of the best execution obligations of broker- Sess., pt. II, 624 (1963). 15 BMA notes in its comment letter that the fixed dealers. See, e.g., Final Rules, 61 FR at 48322–23 19 See, e.g., Newton v. Merrill Lynch, Pierce, income market is, in fact, not a single market, but (‘‘The scope of this duty of best execution must Fenner & Smith, Inc., 135 F.3d 266, 270 (3d Cir. in effect, several different markets ranging from the evolve as changes occur in the market that give rise 1998) (en banc) (citation omitted), cert. denied sub U.S. Treasury market, where dealer quotations may to improved executions for customer orders, nom., Merrill Lynch, Pierce, Fenner & Smith Inc. v. be very representative of market prices and including opportunities to trade more advantageous Kravitz, 525 U.S. 811 (1998). The Court, in the quotations on trading systems may be executable, prices. As these changes occur, broker-dealers’ context of an agency relationship, recognized that to the corporate bond market, where large and procedures for seeking to obtain best execution for customers seek their own economic gain. active issuers may be actively quoted and where customer orders also must be modified to consider Specifically, the Court stated that ‘‘* * * the client- screens may provide good transparency for certain price opportunities that become ‘reasonably principal seeks his own economic gain and the securities of active issuers (but not for other available.’’’). Accordingly, the principles embodied purpose of the agency is to help the client-principal securities or issuers), to the market for distressed in the text of the Best Execution Rule are applicable achieve that objective, the broker-dealer, absent and emerging market paper and derivative to a variety of different market structures and instructions to the contrary, is expected to use instruments, such as structured notes, where there evolve as the market structure for a particular type reasonable efforts to maximize the economic benefit may be limited trading, quoting or transparency. of security evolves. to the client in each transaction.’’
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importance of various factors related to execution’’ and does not arise when the Commission’s Public Reference each customer, as it usually has no another broker-dealer is simply Room. Copies of the filing also will be knowledge of the actual customer. executing against a member’s quote. available for inspection and copying at NASD disagrees with the arguments the principal office of NASD. All III. Date of Effectiveness of the of SIA and Instinet. The recipient comments received will be posted member is certainly entitled to rely on Proposed Rule Change and Timing for without change; the Commission does the routing member to understand the Commission Action not edit personal identifying terms of the order absent any other Within 35 days of the date of information from submissions. You direct contact with the customer; with publication of this notice in the Federal should submit only information that that allowance noted, the recipient Register or within such longer period (i) you wish to make available publicly. All member is not at any further as the Commission may designate up to submissions should refer to File disadvantage in complying with the 90 days of such date if it finds such Number SR–NASD–2004–026 and terms of Rule NASD 2320, and, longer period to be appropriate and should be submitted on or before consequently, investor protection publishes its reasons for so finding or November 16, 2005. requires that recipient members must be (ii) as to which the self-regulatory For the Commission, by the Division of subject to all of the relevant reasonable organization consents, the Commission Market Regulation, pursuant to delegated diligence factors in determining will: authority.21 whether best execution has occurred as A. By order approve such proposed Jonathan G. Katz, a matter of fact and circumstance. rule change, or Secretary. Instinet also asserted that the proposal B. Institute proceedings to determine [FR Doc. E5–5922 Filed 10–25–05; 8:45 am] would create an unfair competitive whether the proposed rule change BILLING CODE 8010–01–P disparity between otherwise similarly should be disapproved. situated market centers that execute IV. Solicitation of Comments orders on an electronic agency basis SECURITIES AND EXCHANGE because the proposed rule would not Interested persons are invited to COMMISSION apply to market centers operated by submit written data, views, and NASD and other self-regulatory arguments concerning the foregoing, [Release No. 34–52645; File No. SR–NASD– organizations (‘‘SROs’’). Instinet including whether the proposed rule 2005–116] requests that NASD revise the proposal change, as amended, is consistent with Self-Regulatory Organizations; to exclude member-operated Electronic the Act. Comments may be submitted by National Association of Securities Communication Networks and any of the following methods: Alternative Trading Systems that Dealers, Inc.; Notice of Filing of interact with orders on a fully Electronic Comments Proposed Rule Change To Modify automated basis, or else apply the same • Use the Commission’s Internet Nasdaq’s Auditor Peer Review obligations under the proposal to the comment form (http://www.sec.gov/ Requirement market centers operated by NASD and rules/sro.shtml); or • October 20, 2005. other SROs.20 As noted above, NASD Send an e-mail to rule- Pursuant to Section 19(b)(1) of the has responded to this comment, as well [email protected]. Please include File Securities Exchange Act of 1934 as BMA’s, by deleting proposed Number SR–NASD–2004–026 on the (‘‘Act’’),1 and Rule 19b–4 thereunder,2 references to market centers and simply subject line. notice is hereby given that on using the term ‘‘market.’’ For purposes Paper Comments September 29, 2005, the National of NASD Rule 2320, this term should be Association of Securities Dealers, Inc. • Send paper comments in triplicate interpreted broadly to include a variety (‘‘NASD’’), through its subsidiary, The to Jonathan G. Katz, Secretary, of different venues, including, but not Nasdaq Stock Market, Inc. (‘‘Nasdaq’’), Securities and Exchange Commission, limited to, market centers that are filed with the Securities and Exchange 100 F Street, NE., Washington, DC trading a particular security. Finally, in Commission (‘‘Commission’’) the response to the commenters’ concerns, 20549–9303. All submissions should refer to File proposed rule change as described in in Amendment No. 4, NASD clarified Items I, II, and III below, which Items that a member’s duty to provide best Number SR–NASD–2004–026. This file number should be included on the have been prepared by Nasdaq. The execution to customer orders received Commission is publishing this notice to from other broker-dealers ‘‘arises only subject line if e-mail is used. To help the Commission process and review your solicit comments on the proposed rule when an order is routed from the change from interested persons. broker-dealer to the member for the comments more efficiently, please use purpose of order handling and only one method. The Commission will I. Self-Regulatory Organization’s post all comments on the Commission’s Statement of the Terms of Substance of 20 Instinet also claims that, in light of Regulation Internet Web site (http://www.sec.gov/ the Proposed Rule Change NMS’ effects on interaction among market centers rules/sro.shtml). Copies of the Nasdaq proposes to modify NASD and the potential conflicts and interpretive issues, submission, all subsequent NASD’s proposal could be interpreted to require a Rule 4350(k) to reflect changes to the market center (the recipient broker-dealer) to amendments, all written statements oversight of auditors mandated by the consider routing an order to another market center with respect to the proposed rule Sarbanes-Oxley Act of 2002 (the displaying a better price even though the change that are filed with the ‘‘Sarbanes-Oxley Act’’) 3 and to make a originating broker-dealer already has indicated that Commission, and all written it has attempted to access such interest. NASD’s conforming amendment to NASD Rule Best Execution Rule contains a number of factors communications relating to the 4200(a). Nasdaq will implement the that are examined to determine whether a member proposed rule change between the proposed rule immediately upon or associated person has used reasonable diligence, Commission and any person, other than including ‘‘accessibility of the quotation.’’ those that may be withheld from the 21 Accordingly, the facts and circumstances 17 CFR 200.30–3(a)(12). surrounding the ‘‘accessibility of the quotations’’ public in accordance with the 1 15 U.S.C. 78s(b)(1) would be considered to the extent they are provisions of 5 U.S.C. 552, will be 2 17 CFR 240.19b–4 appropriate. available for inspection and copying in 3 Pub. L. 107–204, 116 Stat. 745 (2002).
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Commission approval. The text of the (l)–(n) No change. this peer review program is no longer proposed rule change is below. * * * * * relevant with respect to the audits of Proposed new language is in italics; Nasdaq-listed issuers. proposed deletions are in [brackets]. II. Self-Regulatory Organization’s Given these changes to the oversight Statement of the Purpose of, and * * * * * and inspection of auditors, the proposed Statutory Basis for, the Proposed Rule rule change is designed to modify 4200. Definitions Change existing NASD Rule 4350(k) to reflect (a) For purposes of the Rule 4000 In its filing with the Commission, the new role of the PCAOB and change Series, unless the context requires Nasdaq included statements concerning the existing requirement to a otherwise: the purpose of, and basis for, the requirement that each issuer’s auditor (1) No change. proposed rule change and discussed any be registered as a public accounting firm (2) Reserved. [‘‘AICPA’’ means the comments it received on the proposed with the PCAOB. As a result, auditors American Institute of Certified Public rule change. The text of these statements of Nasdaq companies will be subject to Accountants.] may be examined at the places specified the PCAOB’s program of continuing (3)–(38) No change. in Item IV below. Nasdaq has prepared inspections.8 (b) No change. summaries, set forth in Sections A, B, Under the proposed rule change, an * * * * * and C below, of the most significant issuer seeking to list on Nasdaq would aspects of such statements. be permitted to continue to use 4350. Qualitative Listing Requirements historical financial statements that were for Nasdaq National Market and A. Self-Regulatory Organization’s audited by a non-registered firm at a Nasdaq SmallCap Market Issuers Statement of the Purpose of, and time when the applicant was not a Except for Limited Partnerships Statutory Basis for, the Proposed Rule public company. Nasdaq believes that Change (a)–(j) No change. this view is consistent with an (k) [Peer Review] Auditor Registration 1. Purpose interpretation adopted by the PCAOB, [(1)] Each listed issuer must be which provides that an auditor does not NASD Rule 4350(k) currently requires audited by an independent accountant have to register with the PCAOB merely that issuers be audited by an that[:] Is registered as a public independent public accountant that has because it issues a consent to include an accounting firm with the Public received an external quality control audit report for a prior period, if the Company Accounting Oversight Board, review by another independent public auditor does not have or expect to have as provided for in Section 102 of the an ongoing role in the auditing accountant (a ‘‘peer review’’) or is 9 Sarbanes-Oxley Act of 2002 [15 U.S.C. enrolled in a peer review program. engagement. Of course, if the issuer 7212]. However, as part of the Sarbanes-Oxley was a public company immediately [(A) has received an external quality Act, Congress created the Public prior to listing on Nasdaq, the control review by an independent Company Accounting Oversight Board company’s financial statements must public accountant (‘‘peer review’’) that (the ‘‘PCAOB’’) and prohibited have been audited and/or reviewed by determines whether the auditor’s system accounting firms that are not registered a public accounting firm that was of quality control is in place and with the PCAOB from preparing or registered with the PCAOB, as required operating effectively and whether issuing audit reports on U.S. public by the Sarbanes-Oxley Act and the rules established policies and procedures and companies and from participating in of the PCAOB. applicable auditing standards are being such audits.4 The Sarbanes-Oxley Act Finally, Nasdaq proposes to make a followed; or] also requires the PCAOB to conduct a conforming amendment to the language [(B) is enrolled in a peer review continuing program of inspections of of NASD Rule 4200(a) to delete the program and within 18 months receives registered public accounting firms.5 definition of ‘‘AICPA,’’ which would no a peer review that meets acceptable Pursuant to these requirements, the longer be necessary. guidelines.] PCAOB is required to conduct [(2) The following guidelines are 2. Statutory Basis inspections annually for firms that acceptable for purposes of this Nasdaq believes that the proposed provide audit reports for more than 100 paragraph:] rule change is consistent with the issuers and at least triennially for firms [(A) The peer review should be provisions of Section 15A of the Act,10 that provide audit reports for fewer comparable to AICPA standards 6 in general, and with Section 15A(b)(6) issuers. 11 included in Standards for Performing on In light of these new requirements, of the Act, in particular, in that the Peer Reviews, codified in the AICPA’s the American Institute of Certified proposal is designed to remove SEC Practice Section Reference Public Accountants (‘‘AICPA’’) has impediments to a free and open market Manual;] modified its peer review program. The and a national market system, prevent [(B) The peer review program should new AICPA peer review program, which fraudulent and manipulative acts and be subject to oversight by an succeeds the SEC Practice Section Peer practices, and, in general, to protect independent body comparable to the Review Program currently referred to in investors and the public interest. organizational structure of the Public NASD Rule 4350(k), is designed to Specifically, the proposed rule change Oversight Board as codified in the review and evaluate only the non-SEC will remove a redundant listing AICPA’s SEC Practice Section Reference issuer practice of the firm.7 As a result, requirement, thereby removing an Manual; and] impediment to a free and open market, [(C) The administering entity and the 4 Section 102 of the Sarbanes-Oxley Act, 15 independent oversight body of the peer U.S.C. 7212. 8 See Sections 4000–4012 of the PCAOB Rules. review program must, as part of their 5 Section 104 of the Sarbanes-Oxley Act, 15 Note that in the case of non-U.S. auditors, where rules of procedure, require the retention U.S.C. 7214. the PCAOB determines it appropriate, the PCAOB may rely instead on non-U.S. inspections. See of the peer review working papers for 90 6 See Section 104 of the Sarbanes-Oxley Act, 15 U.S.C. 7214(b). Section 4012 of the PCAOB Rules. days after acceptance of the peer review 9 7 See Web site for the AICPA’s Center for Public See PCAOB Rule 2100, Note 2. report and allow Nasdaq access to those Company Audit Firms Peer Review Program at: 10 15 U.S.C. 78o–3. working papers.] http://www.aicpa.org/centerprp/index.htm. 11 15 U.S.C. 78o–3(b)(6).
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and will align Nasdaq’s listing standards only one method. The Commission will have been prepared by the NYSE. On with the requirements of the Sarbanes- post all comments on the Commission’s September 9, 2005, NYSE amended the Oxley Act, thereby allowing Nasdaq to Internet Web site (http://www.sec.gov/ proposed rule change (‘‘Amendment No. further the investor protection goals of rules/sro.shtml). Copies of the 1’’).3 The Commission is publishing this that Act. submission, all subsequent notice to solicit comments on the amendments, all written statements proposed rule change, as amended, from B. Self-Regulatory Organization’s with respect to the proposed rule interested persons. Statement on Burden on Competition change that are filed with the Nasdaq does not believe that the Commission, and all written I. Self-Regulatory Organization’s proposed rule change will result in any communications relating to the Statement of the Terms of the Substance burden on competition that is not proposed rule change between the of the Proposed Rule Change necessary or appropriate in furtherance Commission and any person, other than The Exchange proposes to amend of the purposes of the Act. those that may be withheld from the Article IX of the Exchange’s public in accordance with the Constitution and NYSE Rules 475 and C. Self-Regulatory Organization’s provisions of 5 U.S.C. 552, will be 476 to modify certain aspects of the Statement on Comments on the available for inspection and copying in Exchange’s disciplinary procedures and Proposed Rule Change Received From the Commission’s Public Reference to provide a structure for a summary Members, Participants or Others Room. Copies of the filing also will be suspension hearing and a ‘‘call-up’’ Written comments were neither available for inspection and copying at procedure for review by members of the solicited nor received. the principal office of the NASD. All Board of Directors (‘‘Board’’), certain comments received will be posted III. Date of Effectiveness of the members of the Board of Executives without change; the Commission does Proposed Rule Change and Timing for listed in NYSE Rule 476(f), any member not edit personal identifying Commission Action of the Regulation, Enforcement and information from submissions. You Listing Standards Committee and either Within 35 days of the date of should submit only information that the Division of the Exchange that publication of this notice in the Federal you wish to make available publicly. All initiated the proceedings or the Register or within such longer period (i) submissions should refer to File respondent. The text of the proposed as the Commission may designate up to Number SR–NASD–2005–116 and rule change, as amended, is below. 90 days of such date if it finds such should be submitted on or before Proposed new language is in italics; longer period to be appropriate and November 16, 2005. proposed deletions are in brackets.4 publishes its reasons for so finding or For the Commission, by the Division of * * * * * (ii) as to which Nasdaq consents, the Market Regulation, pursuant to delegated Commission will: authority.12 Disciplinary Rules (Rules 475—477) (A) By order approve such proposed Jonathan G. Katz, Rule 475. Prohibition or Limitation with rule change, or Secretary. Respect to Access to Services Offered by (B) Institute proceedings to determine [FR Doc. E5–5942 Filed 10–25–05; 8:45 am] the Exchange or a Member or Member whether the proposed rule change BILLING CODE 8010–01–P Organization—Summary Proceedings should be disapproved. (a) Except as provided [is] in IV. Solicitation of Comments subsection (b) of this Rule, the Exchange SECURITIES AND EXCHANGE Interested persons are invited to COMMISSION shall not prohibit or limit any person submit written data, views, and with respect to access to services offered arguments concerning the foregoing, [Release No. 34–52638; File No. SR–NYSE– by the Exchange or any member or including whether the proposed rule 2005–37] member organization thereof unless the change is consistent with the Act. Exchange shall have notified such Self-Regulatory Organizations; New Comments may be submitted by any of person in writing of, and shall have York Stock Exchange, Inc.; Notice of given such person, upon not less than the following methods: Filing of Proposed Rule Change and 15 days prior written notice, an Amendment No. 1 Thereto Relating to Electronic Comments opportunity to be heard upon, the Amendments to Certain Sections of • Use the Commission’s Internet specific grounds for such prohibition or the Exchange Constitution Concerning comment form (http://www.sec.gov/ limitation. The Exchange shall keep a the Exchange’s Hearing Board and rules/sro.shtml); or record of any proceeding pursuant to Related Amendments to Exchange • Send an e-mail to rule- this Rule. Any determination by the Rule 475 and Rule 476 [email protected]. Please include File Exchange to prohibit or limit any person Number SR–NASD–2005–116 on the October 19, 2005. with respect to access to services offered subject line. Pursuant to Section 19(b)(1) of the by the Exchange or a member or Paper Comments Securities Exchange Act of 1934 member organization thereof shall be (‘‘Act’’),1 and Rule 19b–4 thereunder,2 supported by a statement setting forth • Send paper comments in triplicate notice is hereby given that on May 23, to Jonathan G. Katz, Secretary, 2005, the New York Stock Exchange, 3 See Amendment No.1 filed on September 9, Securities and Exchange Commission, Inc. (‘‘NYSE’’ or ‘‘Exchange’’) filed with 2005. In Amendment No. 1, the Exchange made 100 F Street, NE., Washington, DC technical corrections to proposed rule text the Securities and Exchange contained in Exhibit 5 of the original filing. 20549–9303. Commission (‘‘Commission’’) the 4 The rule as set forth herein reflects several All submissions should refer to File proposed rule change as described in minor revisions to the proposal’s rule text that the Number SR–NASD–2005–116. This file Items I, II, and III below, which Items Exchange has committed to incorporate in an number should be included on the amendment to the filing. Telephone conversation between Peggy Kuo, Chief Hearing Officer, NYSE subject line if e-mail is used. To help the 12 17 CFR 200.30–3(a)(12). and Cyndi N. Rodriquez, Special Counsel, Division Commission process and review your 1 15 U.S.C. 78s(b)(1). of Market Regulations (‘‘Division’’), Commission on comments more efficiently, please use 2 17 CFR 240.19b–4. September 29, 2005.
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the specific grounds on which the shall schedule and conduct Hearings time for settlement for periods not prohibition or limitation is based. promptly and, in doing so, provide such exceeding one year each. (b) The Exchange may summarily— discovery to the person whose access or [e](f) Any person suspended under (i) suspend a member, member suspension is the subject of the Hearing the provisions of this Rule shall, at the organization, allied member, approved and to the Exchange officers and request of the Exchange, submit to the person, or registered or non-registered employees as provided for under Rule Exchange his or its books and records employee of a member or member 476(c). The Hearing Officer shall render (including those books and records with organization who has been and is determinations based upon the record at respect to which such person has access expelled or suspended from any other such Hearings. No determinations by or control) or the books and records of self-regulatory organization, as defined the Hearing Officer shall be effective to any employee thereof and furnish in Section 3(a)(26) of the Securities modify, reverse or terminate a summary information to or to appear or testify Exchange Act of 1934, or barred or action until and unless (i) ten days have before or cause any such employee to suspended from being associated with a elapsed after the determination has appear or testify before the Exchange. member or any such self-regulatory been rendered and (ii) during such ten [f](g) Any person suspended under organization provided, however, that days, no request for review has been the provisions of this Rule may, at any any such summary suspension imposed filed with the Secretary of the Exchange time, be reinstated by the Board of by the Exchange shall not exceed the pursuant to the next sentence. Any Directors. termination of the suspension imposed member of the Board, any member of [g](h) Any person suspended under by such other self-regulatory the Board of Executives referred to in the provisions of this Rule may be organization on such member, member Rule 476(f), any member of the disciplined in accordance with the organization, allied member, approved Regulation, Enforcement and Listing Rules of the Exchange for any offense person, or registered or non-registered Standards Committee and either the committed by him or it either before or employee; Division of the Exchange initiating the after his or its suspension in all respects (ii) suspend a member or member proceedings or the respondent may as if he or it were not under such organization who is in such financial or require a review by the Board of any suspension. operating difficulty that the Exchange determination by the Hearing Officer by [h](i) A member suspended under the determines and so notifies the Securities filing with the Secretary of the Exchange provisions of this Rule shall be deprived and Exchange Commission that the a written request therefor within ten during the term of his suspension of all member or member organization cannot days following such determination. The rights and privileges of membership, but be permitted to continue to do business Board shall have power to affirm, such suspension shall not operate to bar as a member or member organization modify or reverse any such or affect the payments provided for by with safety to investors, creditors, other determination, or remand the matter to Article XV of the Constitution in the members or member organizations, or the Hearing Officer for further event of his death. Any suspension the Exchange; proceedings. under the provisions of this Rule of a (iii) limit or prohibit any person with [c](d) Whenever a member or member member or allied member shall create a respect to access to services offered by organization fails to perform his or its vacancy in any office or position held the Exchange if subparagraph (i) or (ii) contracts, becomes insolvent, or is in by such member or allied member. of this subsection is applicable to such such financial or operating difficulty (j) The limitations on the Chief person or, in the case of a person who that he or it cannot be permitted to Executive Officer contained in Rule is not a member or member continue to do business as a member or 476(l) shall apply to all matters under organization, if the Exchange member organization with safety to this Rule. determines that such person does not investors, creditors, other members or meet the qualification requirements or member organizations, or the Exchange, Rule 476. Disciplinary Proceedings other prerequisites for such access and such member or member organization Involving Charges Against Members, such person cannot be permitted to shall promptly give written notice Member Organizations, Allied Members, continue to have such access with safety thereof to the Secretary of the Exchange. Approved Persons, Employees, or to investors, creditors, members, [d](e) If the Board of Directors Others member organizations, or the Exchange. determines, after not less than ten days (a) If a member, member organization, Any person aggrieved by any such written notice to a member described in allied member, approved person, summary action shall be notified in Section 1(a) of Article II who is registered or non-registered employee of writing of, and shall be promptly suspended under the provisions of this a member or member organization or afforded an opportunity to be heard by Rule, that the protection of the persons person otherwise subject to the the Exchange upon, the specific grounds entitled to make claim against the jurisdiction of the Exchange is adjudged for such summary action. The Exchange proceeds of the transfer of the guilty in a proceeding under this Rule shall keep a record of any proceeding membership of such member under of any of the following offenses— pursuant to the Rule. Any determination Section 11 of Article II of the [1.](1) violating any provision of the by the Exchange with respect to such Constitution requires the transfer of the Securities Exchange Act of 1934 or any summary action shall be supported by a membership of such member, such rule or regulation thereunder; statement setting forth the specific membership may be disposed of by the [2.](2) violating any of his or its grounds on which the summary action Board of Directors. In any case, if a agreements with the Exchange; is based. The Commission, by order, member suspended under the [3.](3) violating any provision of the may stay any such summary action in provisions of this Rule is not reinstated Constitution or any Rule adopted by the accordance with the provisions of the within one year from the time of his Board of Directors of the Exchange; Securities Exchange Act of 1934. suspension, or within such further time [4.](4) making a material misstatement (c) Hearings and proceedings as the Board of Directors may grant, his to the Exchange; pursuant to subsections (a) and (b) of membership shall be disposed of by the [5.](5) fraud or fraudulent acts; this Rule shall be under the jurisdiction Board of Directors; but the Board may, [6.](6) conduct or proceeding of a Hearing Officer, appointed by the by the affirmative vote of a majority of inconsistent with just and equitable Board, acting alone. The Hearing Officer the Directors then in office, extend the principles of trade;
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[7.](7) acts detrimental to the interest disciplinary sanctions on such member, Hearing Officers who shall have no or welfare of the Exchange; member organization, allied member, Exchange duties or functions relating to [8.](8) making a fictitious bid, offer or approved person, registered or non- the investigation or preparation of transaction or giving an order for the registered employee or person otherwise disciplinary matters and who shall be purchase or sale of securities the subject to the jurisdiction of the appointed annually and shall serve as execution of which would involve no Exchange: expulsion; suspension; Hearing Officers at the pleasure of the change of beneficial ownership or limitation as to activities, functions, and Board [of Directors]. An individual executing such an order with knowledge operations, including the suspension or cannot be a Hearing Officer (including of its character; cancellation of a registration in, or the Chief Hearing Officer) if he or she [9.](9) making any purchases or sales assignment of, one or more stocks; fine; is, or within the last three years was, a or offers of purchase or sale of securities censure; suspension or bar from being member, allied member, or registered or for the purpose of upsetting the associated with any member or member non-registered employee of a member or equilibrium of the market or bringing organization; or any other fitting member organization. about a condition in which prices will sanction. [In any proceeding under this [In any hearing under this Rule not fairly reflect market values, or Rule, any sanction imposed may be involving as a respondent therein a assisting in making any such purchases remitted or reduced by the Hearing member, member organization, allied or sales with knowledge of such Panel on such terms and conditions as member, or approved person, the purpose, or being, with such knowledge, it deems fair and equitable.] members of the Hearing Board serving a party to or assisting in carrying out (b) All proceedings under this Rule, on the Panel shall be members or allied any plan or scheme for the making of except as to matters [referred to in members and at least one of whom, to such purchases or sales or offers of paragraph (c),] which are resolved by a the extent reasonably possible, is purchase or sale; Hearing Officer when authorized by this engaged in similar activities as the [10.](10) having made a misstatement Rule, shall be conducted at a Hearing in respondent. In any such proceeding or omission of fact on his or its accordance with the provisions of this relating to activities on the Floor of the application for membership or approval, Rule and shall be held before a Hearing Exchange, at least one of the persons or on any financial statement, report, or Panel consisting of at least three persons serving on the Panel shall be a member other submission filed with the of integrity and judgment: a Hearing active on the Floor of the Exchange. In Exchange; or Officer, who shall [be Chairman of] any such proceeding relating to any [11.](11) refusing or failing to comply chair the Panel, [with the remainder of other activities, at least one of the with a request of the Exchange to submit the Panel being] and at least two persons serving on the Panel shall work his or its books and records (including members of the Hearing Board, at least in the office of a member or member those books and records with respect to one of whom shall be engaged in organization which engages in a which such member, member securities activities differing from that of business involving substantial direct organization, allied member, approved the respondent or, if retired, was so contact with securities customers.] person, registered or non-registered engaged in differing activities at the [In any hearing under this Rule employee or person otherwise subject to time of retirement. In any disciplinary involving as a respondent therein a the jurisdiction of the Exchange has proceeding involving activities on the registered or non-registered employee of access and control) to the Exchange, any Floor of the Exchange, no more than one a member or member organization who other self-regulatory organization, as of the persons serving on the Hearing is not a member or allied member, the defined in Section 3(a)(26) of the Panel shall be, or if retired, shall have members of the Hearing Board serving Securities Exchange Act of 1934, any been, active on the Floor of the on the Panel shall be registered contract market, as referenced in Exchange. A Hearing Panel can include employees or non-registered employees Section 6(a) of the Commodities only one retired person. of members and member organizations Exchange Act, any registered futures The Chairman, subject to the approval who are not members or allied members association, as referenced in Section 17 of the Board [of Directors], shall from and at least one of whom, to the extent of the Commodities Exchange Act, or time to time appoint a Hearing Board to reasonably possible, is engaged in any foreign self-regulatory organization be composed of such number of similar activities as the respondent. In or association with which the Exchange members and allied members of the any such proceeding relating to such has entered into an agreement or to Exchange who are not members of the employee’s activities on the Floor of the furnish information to or to appear or Board of [Directors] Executives, and Exchange, at least one of the persons testify before the Exchange or such other registered employees and non-registered serving on the Panel shall be a organization or association, as specified employees of members and member registered or non-registered employee of above, or failing to take any of the organizations, and such other persons a member or member organization foregoing actions on the date or within as set forth in the rules as the Chairman active on the Floor of the Exchange who the time period that the Exchange shall deem necessary. Former members, is not a member or allied member. In requires; or if a member who is allied members, or registered and non- any such proceeding relating to any registered as a specialist is adjudged registered employees of members and other activities at least one of the guilty in a proceeding under this Rule member organizations who have retired persons serving on the Panel shall work of substantial or continued failure to from the securities industry can be in the office of a member or member engage in a course of dealings for his appointed to the Hearing Board within organization which engages in a own account to assist in the five years of their retirement. The business involving substantial direct maintenance, so far as practicable, of a members of the Hearing Board shall be contact with securities customers.] fair and orderly market in any security appointed annually and shall serve at [In any hearing under this Rule in which he is registered; then, in any the pleasure of the Board [of Directors]. involving as joint respondents therein such event, the Hearing Panel or, when The Chairman, subject to the approval one or more members or member authorized by this Rule, a Hearing of the Board [of Directors], shall also organizations, allied members or Officer shall, in accordance with the designate [from among the officers and approved persons, together with one or procedures set forth in this Rule, impose employees of the Exchange] a Chief more registered or non-registered one or more of the following Hearing Officer and one or more other employees of a member or member
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organization who are not members or aforesaid office address or place of respondent may produce witnesses and allied members, at least one of the residence. The Hearing Board shall any other evidence and they may persons serving on the Panel shall be a assume jurisdiction upon receipt of the examine and cross-examine any member or allied member and at least Charge Memorandum. witnesses so produced. [If the one other person serving on the Panel An Answer to the Charge respondent has failed to file an Answer shall be a registered or non-registered Memorandum shall be filed not later or if the facts and charges in the Charge employee of a member or member than twenty five days from the date of Memorandum are not specifically organization who is not a member or service or within such longer period of denied, any witnesses or other evidence allied member, and the functional time as the [Exchange] Hearing Officer may be limited to the determination of qualifications required of Hearing Panel may deem proper. the penalty to be imposed. In the event members as stated above shall be The Answer shall be in writing, a respondent who has failed to file an satisfied.] signed by or on behalf of the respondent Answer appears at the hearing, such For all purposes of this Rule, the and filed with the Hearing Board, with respondent shall not be entitled to decision of a majority of the Panel shall a copy served on the [d]Division [or produce witnesses or other evidence or be the decision of the Panel and shall be department] of the Exchange bringing testify in defense of the facts or charges final and conclusive, unless a request to the charges. The Answer shall indicate contained in the Charge Memorandum the Board [of Directors] for review is specifically which assertions of fact and unless the Hearing Panel determines filed as provided in this Rule. charges in the Charge Memorandum are that such respondent had adequate (c) Upon application to the Chief denied and which are admitted; and reason to excuse his failure to file an Hearing Officer [of the Exchange] by shall also contain any specific facts in Answer. Upon such determination by either party to a proceeding, the Chief contradiction of the charges and any the Hearing Panel, the hearing may be Hearing Officer, or any Hearing Officer affirmative defenses. A general denial adjourned and the respondent may be designated by the Chief Hearing Officer, without more shall not be deemed to directed to promptly file a written shall resolve any and all procedural and satisfy this requirement. Any assertions Answer.] After hearing all the witnesses evidentiary matters and substantive of fact not specifically denied in the and considering all the evidence, the legal motions, and may require the Answer may be deemed admitted and Hearing Panel shall determine whether Exchange to permit the respondent to failure to file an Answer may be deemed the respondent is guilty of the charges. inspect and copy documents or records an admission of any facts asserted in the If the Hearing Panel determines that the in the possession of the Exchange which Charge Memorandum. respondent is guilty, it shall fix and are material to the preparation of the The Hearing Board shall set a impose the penalty or penalties. defense or are intended for use by the schedule for filing of motions and shall (e) The Exchange shall keep a record [d]Division [or department] of the establish Hearing dates. If the of any [h]Hearing conducted under this Exchange initiating the proceeding as respondent has failed to file an Answer, Rule and a written notice of the result evidence in chief at the [h]Hearing. The the Division of the Exchange bringing setting forth the requirements contained respondent may be required to provide the charges, by motion, accompanied by in Section 6(d)(1) of the Securities discovery of non-privileged documents proof of notice to the respondent, may Exchange Act of 1934 shall be served and records to the Exchange. This request a determination of guilt by upon the respondent and the provision does not authorize the default, and may recommend a penalty [d]Division [or department] of the discovery or inspection of reports, to be imposed. If the respondent Exchange which brought the charges. memoranda, or other internal Exchange opposes the motion, the Hearing Officer, The determination of the Hearing documents prepared by the Exchange in on a determination that respondent had Panel, or of the Hearing Officer on a connection with the proceeding. There adequate reason to fail to file an determination of default, and any shall be no interlocutory appeal to the Answer, may adjourn the Hearing date penalty imposed, shall be final and Board [of Directors] of any and direct the respondent to promptly conclusive twenty five days after notice determination as to which this file an Answer. If the default motion is thereof has been served upon the provision applies. unopposed, or respondent did not have respondent in the manner provided in (d) Except as provided in paragraph adequate reason to fail to file an paragraph (d) above, unless a request to (g), in any proceeding under this Rule Answer, or respondent failed to file an the Board [of Directors] for review of before a Hearing Panel, or Hearing Answer after being given an opportunity such determination and/or penalty is Officer as provided by this rule, the to do so, the Hearing Officer, on a filed as hereinafter provided. If such a specific charges against the respondent determination that respondent has had request to the Board [of Directors] for shall be in the form of a written notice of the charges and that the review is filed as hereinafter provided, statement (Charge Memorandum) and Exchange has jurisdiction in the matter, any penalty imposed shall be stayed shall be signed by an authorized officer may find guilt and determine penalty. pending the outcome of such review. or employee of the Exchange on behalf Notice of the [h]Hearing to be held for (f) The Division [or department] of the of the [d]Division [or department] of the the purpose of considering the charges Exchange which brought the charges, Exchange bringing the charges. A copy shall be served upon the Division of the the respondent, [or] and any member of of such Charge Memorandum (including Exchange and the respondent as the Board, [of Directors or] any member any exhibits attached thereto) shall be provided above[, who shall be]. The of the Board of Executives [of the filed with the Hearing Board at the same respondent shall be entitled to be Exchange] representing the groups time it is served upon the respondent. personally present thereat if a natural referenced in clauses (ii) and (iii) of Service shall be deemed effective by person, and if other than a natural Article V, Section 2(b) of the Exchange personal service of such Charge person, by a designee. The Hearing Constitution, any member of the Board Memorandum, or by leaving same either Officer shall determine the specific facts of Executives in such other categories as at the respondent’s last known office [put into] in issue [by the Charge the Board, by rule, shall designate, and address during business hours or Memorandum and the Answer], and any member of the Regulation, respondent’s last place of residence as with respect to those facts only, both the Enforcement and Listing Standards reflected in Exchange records, or upon [d]Division [or department] of the Committee may require a review by the mailing same to the respondent at the Exchange bringing the charges and the Board of any determination or penalty,
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or both, imposed by a Hearing Panel or findings of fact by the Hearing [Panel] and Consent. [In addition, the division Hearing Officer. A request for review Officer, including a finding that a or department of the Exchange which shall be made by filing with the specified offense had been committed; entered into the written consent may Secretary of the Exchange a written and a consent to the imposition of a require a review by the Board of request therefore, which states the basis specified penalty. Directors of any penalty which is less and reasons for such review, within A Hearing Officer shall convene a severe than the stipulated penalty.] The twenty-five days after notice of the Hearing Panel, if the Hearing Officer respondent or the [d]Division [or determination and/or penalty is served requires clarification or further department] which entered into the upon the respondent. The Secretary of information on the Stipulation and written consent may require a review by the Exchange shall give notice of any Consent, or if either party requests a the Board [of Directors] of any rejection such request for review to the Hearing before a Hearing Panel. A of a Stipulation and Consent by the [d]Division [or department] of the Hearing Officer, acting alone, may not Hearing Panel. Exchange which brought the charges reject a Stipulation or Consent, but shall A request for review shall be made by and any respondent affected thereby. convene a Hearing Panel to consider filing with the Secretary of the Exchange Any review by the Board [of such action. Notice of any Hearing held a written request therefor, which states Directors] shall be based on oral for the purpose of considering a the basis and reasons for such review, arguments and written briefs and shall Stipulation and Consent shall be served within twenty-five days after notice of be limited to consideration of the record upon the respondent as provided in the determination and/or penalty is before the Hearing Panel or Hearing paragraph (d) above. In any such served on the respondent. The Secretary Officer. Upon review, the Board [of [h]Hearing, if the Hearing Panel of the Exchange shall give notice of any Directors], by the affirmative vote of a determines that the respondent has such request for review to the majority of the Directors then in office, committed an offense, it may impose the [d]Division [or department] of the may sustain any determination or penalty agreed to in such Stipulation Exchange involved in the proceeding penalty imposed, or both, may modify and Consent [or any penalty which is and any respondent affected thereby. or reverse any such determination, and less severe than the stipulated penalty, Any review by the Board [of may increase, decrease or eliminate any as it deems appropriate]. In addition, a Directors] shall consist of oral such penalty, or impose any penalty Hearing Panel may reject such arguments and written briefs and shall permitted under the provisions of this Stipulation and Consent. be limited to consideration of the record Rule, as it deems appropriate. Unless Such rejection shall not preclude the before the Hearing Panel or Hearing the Board [of Directors] otherwise parties to the proceeding from entering Officer. Upon review, the Board [of specifically directs, the determination into a modified Stipulation and Consent Directors], by the affirmative vote of a and penalty, if any, of the Board [of which shall be presented to a Hearing majority of the Directors then in office, Directors] after review shall be final and Panel in accordance with the provisions may fix and impose the penalty agreed conclusive subject to the provisions for of this subsection, nor shall such to in such Stipulation and Consent or review of the Securities Exchange Act of rejection preclude the Exchange from any penalty which is less severe than 1934. bringing or presenting the same or the stipulated penalty, or may remand Notwithstanding the foregoing, if different charges to a Hearing Panel in for further proceedings. Unless the either party upon review applies to the accordance with the provisions of Board [of Directors] otherwise Board [of Directors] for leave to adduce paragraph (d) above. The Exchange shall specifically directs, the determination additional evidence, and shows to the keep a record of any Hearing conducted and penalty, if any, of the Board [of satisfaction of the Board [of Directors] under this Rule and a written notice of Directors] after review shall be final and that the additional evidence is material the result setting forth the requirements conclusive subject to the provisions for and that there was reasonable ground contained in Section 6(d)(1) of the review of the Securities Exchange Act of for failure to adduce it before the Securities Exchange Act of 1934 shall be 1934. Hearing Panel or Hearing Officer, the served on the parties to the proceeding. (h) A member, member organization, Board [of Directors] may remand the The determination of the Hearing allied member, approved person, or case [to a Hearing Panel] for further Panel or Hearing Officer and any registered or non-registered employee of proceedings, in whatever manner and penalty imposed shall be final and a member or member organization, or on whatever conditions the Board [of conclusive, twenty five days after notice any other person shall have the right to Directors] considers appropriate. thereof has been served upon the be represented by legal counsel or other (g) In lieu of the procedures set forth respondent in the manner provided in representative in any [h]Hearing or in paragraph (d) above, a Hearing paragraph (d) above, unless a request to review held pursuant to the provisions [Panel] Officer acting alone [,at a the Board [of Directors] for review of of this Rule and in any investigation hearing called for that purpose,] shall such determination and/or penalty is before any committee, officer, or also determine whether a member, filed as hereinafter provided. If such a employee of the Exchange. A Hearing member organization, allied member, request to the Board [of Directors] for Officer may impose a fine or any other approved person, or registered or non- review is filed as hereinafter provided, appropriate sanction on any party or the registered employee of a member or any penalty imposed shall be stayed party’s representative for improper member organization has committed pending the outcome of such review. conduct in connection with a matter any one or more of the offenses Any member of the Board, [of Directors before the Hearing Board, and may, if specified in paragraph (a) above, on the or of] the Board of Executives [of the appropriate, exclude any participant, basis of a written Stipulation and Exchange] specified in or designated including any party, witness, attorney or Consent entered into between the pursuant to paragraph (f) above and any representative from a Hearing on the respondent and any authorized officer member of the Regulation, Enforcement basis of such conduct. or employee of the Exchange. Any such & Listing Standards Committee may (i) A member or allied member of the Stipulation and Consent shall contain a require a review by the Board of any Exchange who is associated with a stipulation with respect to the facts, or determination or penalty, or both, member organization is liable to the the basis for findings of fact by the imposed by a Hearing Panel or Hearing same discipline and penalties for any Hearing [Panel] Officer; a consent to Officer in connection with a Stipulation act or omission of such member
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organization as for his own personal act NYSE Constitution Sec. 4. Composition of Hearing Panel. or omission. The Hearing Panel which * * * * * [In any disciplinary proceeding considers the charges against such involving as a respondent therein a member or allied member or the Board ARTICLE IX Disciplinary Proceedings member, member organization, allied [of Directors] upon any review thereof, Sec. 1. Disciplinary Rules. The Board member, or approved person, the may relieve him from the penalty shall adopt such rules as it deems members of the hearing board serving therefor or may remit or reduce such necessary or appropriate for the on the panel shall be members or allied penalty on such terms and conditions as discipline of members, member members. In any such proceeding the Panel or the Board shall deem fair organizations, allied members, approved relating to activities on the floor of the and equitable. persons, and registered and non- Exchange, at least one of the persons (j) When a member is suspended registered employees of members and serving on the panel shall be a member under the provisions of this Rule, such member organizations for the violation active on the floor of the Exchange. In member shall be deprived during the of the Act, the rules of the Exchange and any such proceeding relating to any term of his suspension of all rights and for such other offenses as may be set other activities, at least one of the privileges of membership. No such forth in the rules of the Exchange. The persons serving on the panel shall work suspension shall operate to bar or affect Board shall also adopt such rules as it in the office of a member or member the payments provided for by Article deems necessary or appropriate organization which engages in a XV of the Constitution of the Exchange governing the conduct of disciplinary business involving substantial direct in the event of the death of the proceedings including disciplinary contact with securities customers.] [In any disciplinary proceeding suspended member. The expulsion of a hearings and reviews thereof. The involving as a respondent therein a member shall terminate all rights and determination and penalty, if any, of the registered or non-registered employee of privileges arising out of his membership Board after review shall be final and a member or member organization who except such rights as he may have under conclusive, subject to the provisions of is not a member or allied member, the the provisions of Sections 11 and 14 of the Act. members of the hearing board serving Article II of the Constitution. Sec. 2. Hearing Panel. All proceedings on the panel shall be registered (k) Any approved person or registered relating to disciplinary matters, except employees or non-registered employees or non-registered employee who shall as otherwise specifically set forth in the of members or member organizations neglect to pay any fine within forty five rules of the Exchange [with respect to who are not members or allied days after the same shall become procedural and evidentiary matters,] members. In any such proceeding payable may, after written notice mailed shall be conducted before a hearing relating to such employee’s activities on to such person at either his office or last panel consisting of at least three the floor of the Exchange, at least one place of residence as reflected in persons[;]: a hearing officer, who shall of the persons serving on the panel shall Exchange records, be summarily [be chairman of] chair the panel, [with be a registered or non-registered suspended from association in any the remainder of the panel being] and at employee of a member or member capacity with a member organization or least two members of the hearing board. organization active on the floor of the have his approval withdrawn until such Sec. 3. Hearing Board. The Chairman Exchange who is not a member or allied fine is paid. (See Art. X, Sec. 6 for of the Board, subject to the approval of member. In any such proceeding penalties imposed upon members, allied the Board, shall from time to time relating to any other activities, at least members and member organizations for appoint a hearing board to be composed one of the persons serving on the panel failure to pay fines or other sums due of such number of members and allied shall work in the office of a member or the Exchange.) members of the Exchange who are not member organization which engages in members of the Board or of the Board a business involving substantial direct Whenever a member, member of Executives, and registered employees organization, allied member, approved contact with securities customers.] and non-registered employees of [In any disciplinary proceeding person or registered or non-registered members and member organizations, employee of a member or member involving as joint respondents therein and such other persons as set forth in one or more members or member organization is suspended under the the rules, as the Chairman of the Board provisions of this Rule, [he or it] that organizations, allied members or shall deem necessary. The members of approved persons, together with one or person or organization may be the hearing board shall be appointed proceeded against for any offense other more registered or non-registered annually and serve at the pleasure of the employees of a member or member than that for which such member, Board. The Chairman of the Board, member organization, allied member, organization who are not members or subject to the approval of the Board, allied members, at least one of the approved person or registered or non- shall also designate [from among the registered employee was suspended. persons serving on the panel shall be a officers and employees of the Exchange] member or allied member and at least The suspension or expulsion of a a chief hearing officer and one or more member or allied member under the one other person serving on the panel other hearing officers who shall have no shall be a registered or non-registered provisions of this Rule shall create a Exchange duties or functions relating to employee of a member or member vacancy in any office or position held the investigation or preparation of organization who is not a member or by him. disciplinary matters and who shall be allied member, and the functional (l) Notwithstanding any other appointed annually and shall serve as qualifications required of hearing panel provisions of this Rule, the Chief hearing officers at the pleasure of the members as stated in this Section shall Executive Officer (a) may not require a Board. An individual cannot be a be satisfied.] review by the Board under this Rule and hearing officer (including the chief A hearing panel shall be composed of (b) shall be recused from deliberations hearing officer) if he or she is, or within a hearing officer, who shall chair the and actions of the Board with respect to the last three years was, a member, panel, and at least two members of the matters to be reviewed by the Board allied member, or registered or non- hearing board, at least one of whom under this Rule. registered employee of a member or shall be engaged in securities activities * * * * * member organization. differing from that of the respondent. In
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any disciplinary proceeding involving may sustain any determination or A. Self-Regulatory Organization’s activities on the Floor of the Exchange, penalty imposed, may modify or reverse Statement of the Purpose of, and no more than one of the persons serving any such determination, and may Statutory Basis for, the Proposed Rule on the hearing panel shall be active on increase, decrease or eliminate any such Change the Floor of the Exchange. The decision penalty, or impose any penalty 1. Purpose of a majority of the panel shall be the permitted under this Article as it deems decision of the panel and shall be final appropriate. The Exchange proposes to amend and conclusive, unless a request to the Article IX of the Exchange’s Board for review is filed as provided in In a disciplinary proceeding involving Constitution and NYSE Rules 475 and this Article and in the rules of the a written consent to the imposition of a 476 to modify certain aspects of the Exchange. specified penalty, any member of the Exchange’s disciplinary procedures and Sec. 5. Penalties. If a member, Board, or the Board of Executives to provide a structure for a summary member organization, allied member, specified in or designated pursuant to suspension hearing to prohibit or limit approved person or registered or non- the preceding paragraph, and any a person’s access to services and a ‘‘call- registered employee of a member or member of the Regulation, Enforcement up’’ procedure for review by members of member organization is adjudged guilty & Listing Standards Committee may the Board, certain members of the Board in any disciplinary proceeding, the require a review by the Board of any of Executives listed in NYSE Rule hearing panel, or, to the extent provided determination or penalty, or both[, 476(f), any member of the Regulation, in the rules, the hearing officer, shall imposed by the hearing panel. In any Enforcement and Listing Standards impose one or more of the following such proceeding, the division or Committee and either the Division of disciplinary sanctions: expulsion, department which entered into the the Exchange that initiated the suspension; limitation as to activities, written consent, may require a review proceedings or the respondent. functions, and operations, including the by the Board of any penalty, including suspension or cancellation of a Amendment to NYSE Rule 475 any determination related thereto, registration in, or assignment of, one or imposed by the hearing panel, which is NYSE Rule 475 currently provides a more stocks, fine, censure, suspension less severe than the stipulated penalty]. process for the Exchange: (i) To prohibit or bar from being associated with any or limit a person with respect to access The respondent or the division or member or member organization, or any of services offered by the Exchange, or department which entered into the other fitting sanction. [In any (ii) to summarily suspend an Exchange written consent may require a review by disciplinary proceeding, any sanction member or member organization facing imposed may be remitted or reduced by the Board of any rejection of the written certain circumstances, such as financial the hearing panel on such terms and consent by the hearing panel. Any or operating difficulties, or expulsion or conditions as it shall deem fair and review provided in this paragraph shall suspension by another self-regulatory equitable. In a disciplinary proceeding be conducted in accordance with organization (‘‘SRO’’). NYSE Rule 475 involving a written consent to the procedures set forth in the rules of the permits the subject individual or imposition of a specified penalty, the Exchange. Upon review, the Board, by organization to request and obtain a hearing panel in imposing a penalty, the affirmative vote of a majority of the hearing. The proposed rule change may impose the penalty agreed to or any entire Board, may fix and impose the would provide a structure for such a penalty which is less severe than the penalty agreed to in such written hearing and for a ‘‘call-up’’ procedure stipulated penalty as it deems consent or any penalty which is less for review by members of the Board and appropriate or the hearing panel may severe than the stipulated penalty, or certain members of the Board of reject such consent.] remand the case for further proceedings. Executives, any member of the Sec. 6. Review. In a disciplinary Notwithstanding any other provisions Regulation, Enforcement and Listing proceeding not involving a written Standards Committee and either the consent to the imposition of a specified of this Section, the Chief Executive Officer (a) may not require a review by Division of the Exchange that initiated penalty, any member, member the proceedings or the respondent. organization, allied member, approved the Board under this Section and (b) person, or registered or non-registered shall be recused from deliberations and Amendments to Constitution and NYSE employee of a member or member actions of the Board with respect to Rule 476 matters to be reviewed by the Board organization, adjudged guilty of any Amendments to Constitution charge, or the division [or department] under this Section. of the Exchange which brought the * * * * * At the Exchange’s annual members’ charges, [or] and any member of the meeting on April 7, 2005, the members Board, [or] any member of the Board of II. Self-Regulatory Organization’s voted to amend the Exchange’s Executives representing the groups Statement of the Purpose of, and Constitution to modify certain aspects of referenced in clauses (ii) and (iii) of Statutory Basis for, the Proposed Rule the Exchange’s disciplinary process. Article V, Section 2(b), any member of Change The Exchange had engaged former the Board of Executives in such other Federal judge Stanley Sporkin to review categories as the Board, by rule, shall In its filing with the Commission, the and make recommendations regarding designate, and any member of the NYSE included statements concerning the Exchange’s disciplinary process. Regulation, Enforcement & Listing the purpose of and basis for the The amendments adopted at the Standards Committee, may, in proposed rule change and discussed any member’s meeting were proposed by the accordance with procedures set forth in comments it received on the proposed Exchange’s Board, in part, in response the rules of the Exchange, require a rule change. The text of these statements to Judge Sporkin’s recommendations. review by the Board, of any may be examined at the places specified The amendments would: determination or penalty, or both [, in Item IV below. The NYSE has • Require that at least one member of imposed by the hearing panel]. Upon prepared summaries, set forth in any hearing panel be employed in a review, the Board, by the affirmative Sections A, B, and C below, of the most field of activity other than that in which vote of a majority of the entire Board, significant aspects of such statements. the charged person is employed;
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• Remove the constitutional hearing panel were required to be proposed amendments to NYSE Rule requirement that full panels handle employed in a field of activity other 476, an individual who is, or was within stipulations and uncontested cases; than that in which the charged person the last three years, a member, allied • Permit individuals who are not is employed. member, or registered or non-registered employees of the Exchange to serve as For example, in a case involving the employee of a member or member hearing officers; trading floor, charges against a specialist organization would not be eligible to • In conjunction with the proposed or floor broker would be heard before a serve as a hearing officer. amendments to the Exchange’s principal hearing panel consisting of no more The proposed rule change also would disciplinary rule, NYSE Rule 476, than one individual employed on the allow former members, allied members, permit former members and allied trading floor. In effect, the available and former registered and non- members, and former registered and pool of panelists to hear a particular registered employees of members and non-registered employees of members matter would be expanded, and any member organizations to be appointed and member organizations to be possible perceptions of bias in having a to the Hearing Board within five years appointed to the Hearing Board within majority of the panel members in the of their retirement.5 This would enlarge five years of their retirement; same line of business as the respondent the pool of individuals with the • Remove the constitutional would be avoided. The amendments requisite expertise to adjudicate cases. requirement that a hearing panel decide would, nevertheless, allow individuals In addition, these individuals could all matters except procedural and with extensive knowledge of the more readily serve during normal evidentiary matters; and securities industry, in general, and the business hours, potentially allowing • Relieve members of the Board of particular business of the respondent to cases to be resolved more expeditiously. Executives (other than those serve on hearing panels. However, a hearing panel could include representing the trading floor) from the Furthermore, the proposed rule only one retired person. responsibility for ‘‘calling up’’ change would permit hearing officers to disciplinary decisions for review, and handle stipulations and uncontested Hearing Officer Authority To Resolve extend that responsibility to all cases without the full hearing panel. Substantive Legal Motions members of the Regulation, Enforcement Currently, all disciplinary hearings The proposed rule change would and Listing Standards Committee. (including settled cases, in which a permit hearing officers to resolve A collateral effect of the changes respondent consents to a penalty, and substantive legal motions, such as would be to reduce the overlap between uncontested cases, in which a motions to dismiss and motions for the Constitutional text and NYSE Rule respondent does not file an answer to summary judgment, by no longer 476 by removing some of the detail that the charges) must be heard before a full requiring that a hearing panel resolve is currently in the Constitution. The hearing panel. Under the constitutional such motions. This authority could Exchange believes that this would amendments, in conjunction with the serve to expedite the hearing process by enable the Board to effect further proposed amendments to NYSE Rule allowing the hearing officer to resolve refinements to the Exchange’s 476, a hearing officer of the Exchange, motions that currently require action by disciplinary process without a vote of acting alone, could consider such the full panel. In addition, these the membership, so long as those uncontested cases and settled cases and motions often involve legal issues that changes are consistent with the revised impose penalties, without a hearing, in the hearing officer, who historically has Constitutional text. order to expedite resolution of such been an attorney, is best suited to resolve. Composition of Hearing Panels in matters. The hearing officer would Disciplinary Proceedings convene a hearing panel and hold a ‘‘Call Up’’ Authority Reallocated hearing if either the Enforcement The Exchange’s Constitution currently Division or the respondent requests a At present, all members of the Board requires that disciplinary hearings be hearing before a full panel, or if the of Executives (as well as all Directors conducted before a hearing panel hearing officer on his or her own other than the Chief Executive Officer) consisting of a hearing officer (an initiative calls for a hearing. Moreover, have the right and the responsibility to Exchange staff member) and two peer the hearing officer could not reject a ‘‘call up’’ disciplinary decisions for panelists. Charges against a member stipulated penalty without convening a review. The Exchange believes that the must be heard by a panel including two hearing panel. Board of Executives’ members who members; charges against member firm represent investors, listed companies, employees must be heard by a panel The Amendments to the Constitution, in ‘‘upstairs’’ firms, and others do not including other member firm Conjunction With the Proposed ordinarily have the requisite experience employees; and cases involving activity Amendments to NYSE Rule 476, Would to discharge this responsibility well. On on the Exchange floor must include at Allow Non-NYSE Employees To Serve the other hand, the Exchange believes least one panelist engaged in floor as Hearing Officers and Certain that the Board of Executives’ members activities. The Exchange believes that Recently Retired Individuals To Be representing the trading floor and this ‘‘trial by peers’’ requirement raises Appointed to the Hearing Board a concern about bias and perception of The amendments to the Constitution 5 The proposed rule change would amend NYSE Rule 476 to state that members of its Board of bias. In cases involving charges against would eliminate the requirement that Executives may not serve on the Hearing Board. The individuals on the trading floor, the Exchange hearing officers be employees Exchange, however, has advised that it intends to perception of bias is potentially or officers of the Exchange, thereby submit an amendment to the proposed rule change heightened because of the relatively enabling the Exchange to retain outside to conform the text of NYSE Rule 476 regarding the composition of the Hearing Board with the language small floor community. Although the professionals to serve as hearing officers contained in Article IX, Section 3 of the Exchange’s Exchange has found no empirical if needed. For example, if the Exchange Constitution. In this regard, NYSE Rule 476 will be evidence to indicate that bias exists in experienced a sudden increase in amended to state that Hearing Board members may the Exchange’s disciplinary disciplinary cases, it could retain part- not be members of the Exchange’s Board or of its Board of Executives. Telephone conversation proceedings, the Exchange believes that time hearing officers to manage the between Peggy Kuo, Chief Hearing Officer, NYSE any perception of bias would be increased caseload. However, under the and Cyndi N. Rodriguez, Special Counsel, Division, reduced if at least one member of a amendments to the Constitution and the Commission on October 17, 2005.
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members of the Regulation, Enforcement without a hearing, in order to expedite from further participation in the and Listing Standards Committee are resolution of such matters. The Hearing proceeding. well suited to discharge this Officer would convene a panel and hold Allowing Non-NYSE Employees To responsibility. The amendments to the a hearing if either Enforcement or the Serve as Hearing Officers, and Allowing Constitution and NYSE Rule 476 would respondent requests a hearing before a Certain Recently Retired Individuals To reallocate this responsibility full panel, or if the Hearing Officer, on Be Appointed to the Hearing Board accordingly, but would preserve the his or her own initiative, calls for a Board of Directors’ right to charge other hearing. Moreover, the Hearing Officer The proposed rule changes would classes of members of the Board of could not reject a stipulated penalty eliminate the requirement that Exchange Executives with this responsibility if without convening a Hearing Panel. Hearing Officers be employees or warranted. officers of the Exchange, thereby Conferring Jurisdiction on the Hearing enabling the Exchange to retain outside Amendment to NYSE Rule 476 Board Upon Filing of the Charge consultants to serve as Hearing Officers, Memorandum Composition of Hearing Panels in if and when needed. The proposals also Disciplinary Proceedings Under current procedures, the hearing would allow recently retired members, allied members, registered and non- The Exchange’s Constitution and in a disciplinary matter is scheduled registered employees of members and Rules currently require that disciplinary only upon request of the Division of member organizations to be appointed hearings be conducted before a Hearing Enforcement, after a respondent’s to the Hearing Board within five years Panel consisting of a Hearing Officer (an answer is received or the time to file an of their retirement. Exchange staff member) and two peer answer has expired. The Hearing Board panelists. Charges against a member has no jurisdiction to resolve any issues ‘‘Call Up’’ Authority Reallocated must be heard by a panel including two that arise until the Division of Enforcement requests a hearing, and a At present, all members of the Board members; charges against member firm of Executives (as well as all Directors employees must be heard by a panel respondent has no avenue of recourse if the respondent believes there has been other than the Chief Executive Officer) including other member firm have the right to ‘‘call up’’ disciplinary employees; and cases involving activity an unreasonable or prejudicial delay. The proposed rule changes would decisions for review. This authority on the Exchange floor must include at would be reallocated to members of the least one panelist engaged in floor require the filing of charges with the Hearing Board at the time they are Board, Board of Executives’ members activities. The Exchange believes that representing the trading floor, and the requirement of ‘‘trial by peers’’ served on the respondent. The Hearing Board would assume jurisdiction of the members of the Regulation, Enforcement raises a concern about bias and and Listing Standards Committee. perception of bias, particularly with matter at that juncture and be able to respect to charges against individuals on schedule expeditiously hearings, as well 2. Statutory Basis as rule on pre-hearing motions. the trading floor, given the relatively The Exchange believes that the small floor community. Hearing Officer Authority To Order Pre- proposed rule change, as amended, is The proposed rule changes would Hearing Discovery and Resolve consistent with Section 6(b)(5) 6 of the reverse these requirements, in effect, Substantive Legal Motions Act in that it promotes just and requiring that at least one panelist in equitable principles of trade by ensuring Today, a Hearing Officer has clear every case be employed in an area of that members and member organizations authority to order pre-hearing discovery responsibility other than that of the and the public have a fair and impartial of documents from the Division of person facing charges. With respect to forum for the resolution of their Enforcement. The proposed rule change cases involving the trading floor, the disputes. intent of the proposal is such that would clarify the Hearing Officer’s charges against a specialist or floor authority to order discovery from the B. Self-Regulatory Organization’s broker would be heard before a panel respondent as well. In addition, the Statement on Burden on Competition consisting of no more than one proposal would permit the Hearing The Exchange does not believe that individual employed on the trading Officer to resolve substantive legal the proposed rule change, as amended, floor. By doing so, the available pool of motions, such as motions to dismiss and would impose any burden on panelists to hear a particular matter motions for summary judgment. competition that is not necessary or would be expanded, and the perception Hearing Officer Authority To Penalize appropriate in furtherance of the of bias in having a majority of the panel Contemptuous Participants purposes of the Act. members in the same line of business as the respondent would be avoided. The A Hearing Officer must necessarily C. Self-Regulatory Organization’s proposals would, nevertheless, allow have the authority to control the Statement on Comments on the individuals with extensive knowledge proceedings, including dealing with Proposed Rule Change Received From of the securities industry in general, and obstreperous and disruptive Members, Participants, or Others the particular business of the participants. The proposal would make No written comments were solicited respondent, to serve on Hearing Panels. this authority clear, and permit the or received with respect to the proposed Furthermore, at present, all Hearing Officer to impose fines on a rule change, as amended. disciplinary hearings (including settled party for inappropriate behavior of cases, in which a respondent consents either the party or the party’s III. Date of Effectiveness of the to a penalty, and uncontested cases, in representative. This authority would not Proposed Rule Change and Timing for which a respondent does not file an be limited to dealing with such behavior Commission Action answer to the charges) must be heard during a hearing, but would allow for Within 35 days of the date of before a Hearing Panel. The proposal sanctions to be imposed at any time publication of this notice in the Federal would confer authority on an Exchange during the course of proceedings. The Register or within such longer period (i) Hearing Officer alone to consider Hearing Officer could also, in extreme consents and uncontested cases, situations, exclude any such persons 6 15 U.S.C. 78f(b)(5).
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as the Commission may designate up to should submit only information that practices, and procedures of the KPCS. 90 days of such date if it finds such you wish to make available publicly. All The referenced regulations are longer period to be appropriate and submissions should refer to File contained at 31 CFR Part 592 (‘‘Rough publishes its reasons for so finding or Number SR–NYSE–2005–37 and should Diamonds Control Regulations’’) (69 FR (ii) as to which the self-regulatory be submitted on or before November 16, 56936, September 23, 2004). organization consents, the Commission 2005. Section 6(b) of the Act requires the will: President to publish in the Federal Register • For the Commission, by the Division of By order approve such proposed Market Regulation, pursuant to delegated a list of all Participants, and all Importing rule change; or authority.7 and Exporting Authorities of Participants, • Institute proceedings to determine Jonathan G. Katz, and to update the list as necessary. Section 2 of Executive Order 13312 of July 29, 2003 whether the proposed rule change Secretary. should be disapproved. delegates this function to the Secretary of [FR Doc. E5–5923 Filed 10–25–05; 8:45 am] State. Section 3(7) of the Act defines IV. Solicitation of Comments BILLING CODE 8010–01–P ‘‘Participant’’ as a state, customs territory, or regional economic integration organization Interested persons are invited to identified by the Secretary of State. Section submit written data, views, and 3(3) of the Act defines ‘‘Exporting Authority’’ arguments concerning the foregoing, DEPARTMENT OF STATE as one or more entities designated by a including whether the proposed rule [Public Notice 5209] Participant from whose territory a shipment change, as amended, is consistent with of rough diamonds is being exported as the Act. Comments may be submitted by Bureau of Economic and Business having the authority to validate a Kimberley any of the following methods. Affairs; List of September 20, 2005, of Process Certificate. Section 3(4) of the Act Participating Countries and Entities defines ‘‘Importing Authority’’ as one or Electronic Comments more entities designated by a Participant into (Hereinafter Known as ‘‘Participants’’) • Use the Commission’s Internet whose territory a shipment of rough Under the Clean Diamond Trade Act of diamonds is imported as having the authority comment form (http://www.sec.gov/ 2003 (Pub. L. 108–19) and Section 2 of to enforce the laws and regulations of the rules/sro.shtml); or Executive Order 13312 of July 29, 2003 Participant regarding imports, including the • Send an e-mail to rule- verification of the Kimberley Process [email protected]. Please include File AGENCY: Department of State. Certificate accompanying the shipment. Number SR-NYSE–2005–37 on the ACTION: Notice. subject line. List of Participants SUMMARY: In accordance with Sections 3 Pursuant to Section 3 of the Clean Paper Comments and 6 of the Clean Diamond Trade Act Diamond Trade Act (the Act), Section 2 • Send paper comments in triplicate of 2003 (Public Law 108–19) and of Executive Order 13312 of July 29, to Jonathan G. Katz, Secretary, Section 2 of Executive Order 13312 of 2003, and Delegation of Authority No. Securities and Exchange Commission, July 29, 2003, the Department of State 245 (April 23, 2001), I hereby identify 100 F Street, NE., Washington, DC is identifying all the Participants the following entities as of September 20549–9303. eligible for trade in rough diamonds 20, 2005, as Participants under section All submissions should refer to File under the Act, and their respective 6(b) of the Act. Included in this List are Number SR–NYSE–2005–37. This file Importing and Exporting Authorities, the Importing and Exporting Authorities number should be included on the and revising the previously published for Participants, as required by Section subject line if e-mail is used. To help the list of August 22, 2005 (70 FR 49006– 6(b) of the Act. This list revises the Commission process and review your 49007) previously published list of August 15, comments more efficiently, please use FOR FURTHER INFORMATION CONTACT: Sue 2005 (70 FR 49006–49007, August 22, only one method. The Commission will Saarnio, Special Advisor for Conflict 2005). post all comments on the Commission’s Diamonds, Bureau of Economic and Angola—Ministry of Geology and Internet Web site (http://www.sec.gov/ Business Affairs, Department of State Mines. rules/sro.shtml). Copies of the (202) 647–1713. Armenia—Ministry of Trade and submission, all subsequent SUPPLEMENTARY INFORMATION: Section 4 Economic Development. amendments, all written statements of the Clean Diamond Trade Act (the Australia—Exporting Authority— with respect to the proposed rule ‘‘Act’’) requires the President to prohibit Department of Industry, Tourism and change that are filed with the the importation into, or the exportation Resources; Importing Authority— Commission, and all written from, the United States of any rough Australian Customs Service. communications relating to the diamond, from whatever source, that Belarus—Department of Finance. proposed rule change between the has not been controlled through the Botswana—Ministry of Minerals, Commission and any person, other than Kimberley Process Certification Scheme Energy and Water Resources. those that may be withheld from the (KPCS). Under Section 3(2) of the Act, Brazil—Ministry of Mines and Energy. public in accordance with the Bulgaria—Ministry of Finance. ‘‘controlled through the Kimberley Canada—Natural Resources Canada. provisions of 5 U.S.C. 552, will be Process Certification Scheme’’ means an Central African Republic—Ministry of available for inspection and copying in importation from the territory of a Energy and Mining. the Commission’s Public Reference Participant or exportation to the China—General Administration of Section, 100 F Street, NE., Washington, territory of a Participant of rough Quality Supervision, Inspection and DC 20549. Copies of such filing also will diamonds that is either (i) carried out in Quarantine. be available for inspection and copying accordance with the KPCS, as set forth Democratic Republic of the Congo— at the principal office of the NYSE and in regulations promulgated by the Ministry of Mines and Hydrocarbons. on the NYSE’s Web site, www.nyse.com. President, or (ii) controlled under a Croatia—Ministry of Economy. All comments received will be posted system determined by the President to European Community—DG/External without change; the Commission does meet substantially the standards, Relations/A.2. not edit personal identifying Ghana—Precious Minerals and information from submissions. You 7 17 CFR 200.30–3(a)(12). Marketing Company Ltd.
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Guinea—Ministry of Mines and DEPARTMENT OF STATE DEPARTMENT OF TRANSPORTATION Geology. Federal Aviation Administration Guyana—Geology and Mines [Public Notice 5171] Commission. Public Notice for Waiver of India—The Gem and Jewellery Export Announcement of Meetings of the Aeronautical Land-Use Assurance Promotion Council. International Telecommunication Delta County Airport Escanaba, MI Indonesia—Directorate General of Advisory Committee Foreign Trade of the Ministry of Trade. AGENCY: Federal Aviation Israel—The Diamond Controller. SUMMARY: The International Administration, DOT. Ivory Coast—Ministry of Mines and Telecommunication Advisory ACTION: Notice of intent of waiver with Energy. Committee announces meetings in respect to land. Japan—Ministry of Economy, Trade preparation for the December meeting of and Industry. the International Telecommunication SUMMARY: The Federal Aviation Republic of Korea—Ministry of Union Telecommunication Administration (FAA) is considering a Commerce, Industry and Energy. Development Advisory Group (TDAG) proposal to change a portion of the Laos—Ministry of Finance. and December meetings of the airport from aeronautical use to non- Lebanon—Ministry of Economy and Organization for Economic Cooperation aeronautical use and to authorize the Trade. and Development/Committee for lease of the airport property. The proposal consists of 1 parcel of land, Lesotho—Commissioner of Mines and Information, Computer and totaling approximately 3.6 acres. Geology. Communications Policy (OECD/ICCP) Current use and present condition is Malaysia—Ministry of International Working Party on Telecommunications and Information Services Policies (TISP) undeveloped land compatible with local Trade and Industry. commercial/industrial zoning and Working Party on the Information Mauritius—Ministry of Commerce. classification. The land was acquired Economy (WPIE). Members of the public Namibia—Ministry of Mines and under part of the property from the City will be admitted to the extent that Energy. of Escanaba deeded to Delta County for Norway—The Norwegian Goldsmiths’ seating is available, and may join in the airport use. There are no impacts to the Association. discussions, subject to the instructions airport by allowing the airport to lease Romania—National Authority for of the Chair. Directions to the meeting of the property. Subject land may Consumer Protection. location are available to the public on provide good commercial/industrial Russia—Gokhran, Ministry of the Internet and conference bridge development opportunities for the Finance. information may be obtained from community and are well outside airport Sierra Leone—Government Gold and [email protected]. End Summary. perimeter fence limits. Approval does Diamond Office. The International Telecommunication not constitute a commitment by the Singapore—Singapore Customs. Advisory Committee (ITAC) will meet at FAA to financially assist in the lease of South Africa—South African the U.S. Department of State, Harry S. the subject airport property nor a Diamond Board. Truman Building Room 2533A to determination of eligibility for grant-in- Sri Lanka—National Gem and prepare for meetings of the OECD/ICCP aid funding from the FAA. The Jewellery Authority. Working Parties ITU–D disposition of proceeds from the lease of Switzerland—State Secretariat for Telecommunication Development the airport property will be in Economic Affairs. Advisory Group (TDAG), on accordance FAA’s Policy and Procedures Concerning the Use of Taiwan—Bureau of Foreign Trade. Wednesday, November 16, and Airport Revenue, published in the Tanzania—Commissioner for Wednesday, November 30, 2005, all Federal Register on February 16, 1999. Minerals. meetings 2–3 p.m. The International In accordance with section 47107(h) Thailand—Ministry of Commerce. Telecommunication Advisory of title 49, United States Code, this Togo—Ministry of Mines and Committee (ITAC) will meet at the U.S. notice is required to be published in the Geology. Department of State, Harry S. Truman Federal Register 30 days before Ukraine—State Gemological Centre of Building Room 2533A to prepare for modifying the land-use assurance that Ukraine. meetings of the ITU–D requires the property to be used for an United Arab Emirates—Dubai Metals Telecommunication Development aeronautical purpose. Advisory Group (TDAG), on Thursday, and Commodities Center. DATES: Comments must be received on United States of America—Importing November 3, Thursday, November 10, or before October 28, 2005. Authority—United States Bureau of and Thursday, November 17, 2005, all FOR FURTHER INFORMATION CONTACT: Mr. Customs and Border Protection; meetings 10 a.m.—noon. Marlon D. Pen˜ a, Program Manager, Exporting Authority—Bureau of the Dated: October 19, 2005. Federal Aviation Administration, Great Census. Marian Gordon, Lakes Region, Detroit Airports District Venezuela—Ministry of Energy and Office, DET–ADO 610, 11677 South Mines. Director, Telecommunication & Information Standardization, International Wayne Road, Romulus, Michigan 48174. Vietnam—Ministry of Trade. Communications & Information Policy, Telephone Number (734) 229–2909/ Zimbabwe—Ministry of Mines and Department of State. FAX Number (734) 229–2950. Mining Development. [FR Doc. 05–21376 Filed 10–25–05; 8:45 am] Documents reflecting this FAA action Robert B. Zoellick, BILLING CODE 4710–07–P may be reviewed at this same location Deputy Secretary of State, Department of or at Delta County Airport, Escanaba, State. Michigan. [FR Doc. 05–21377 Filed 10–25–05; 8:45 am] SUPPLEMENTARY INFORMATION: Following BILLING CODE 4710–07–P is a legal description of the property
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located in Escanaba, Delta County, provide good commercial/industrial 59′02″ W. a distance of 23.73 feet to the Michigan and described as follows: development opportunities for the point of beginning. Containing 36.80 community and are well outside airport acres. Parcel 1 (3.6 Acres) East Parcel perimeter fence limits. Approval does 1 Issued in Romulus, Michigan, on From the center ⁄4 corner of section not constitute a commitment by the September 29, 2005. 1 T. 38 N., R. 23 W., measure S. 89 FAA to financially assist in the lease of Irene R. Porter, 55′24″ W. Along the east-west 1⁄4line of the subject airport property nor a said section a distance of 564.89 feet to Manager, Detroit Airports District Office, determination of eligibility for grant-in- FAA, Great Lakes Region. the point of beginning of the land herein aid funding from the FAA. The [FR Doc. 05–21392 Filed 10–25–05; 8:45 am] described, thence N.0 43′38″ E. A disposition of proceeds from the lease of distance of 138.97 feet, thence S.88 the airport property will be in BILLING CODE 4910–13–P 58′42″ E. A distance of 844.41 feet to the accordance FAA’s Policy and beginning of a 224.00 foot radius curve Procedures Concerning the Use of DEPARTMENT OF TRANSPORTATION to the right, thence southeasterly along Airport Revenue, published in the said curve a chord bearing of S. 51 Federal Register on February 16, 1999. Federal Motor Carrier Safety ′ ″ 42 43 E. A chord distance of 271.27 In accordance with section 34107(h) Administration feet, thence S. 37 52′53″ W. A distance of title 49, United States Code, this of 37.31 feet, thence N.44 05′25″ W. A notice is required to be published in the [Docket No. FMCSA–2005–22650] distance of 861.21 feet to the beginning Federal Register 30 days before of a 963.58 foot radius curve to the right, modifying the land-use assurance that Agency Information Collection thence southwesterly along said curve a requires the property to be used for an Activities; Request for Comment; ′ ″ chord bearing of S. 89 46 32 W. A aeronautical purpose. Clearance of a New Information chord distance of 37.80 feet to the DATES: Comments must be received on Collection: Commercial Driver’s beginning of 15.91 foot radius curve to or before November 25, 2005. License Policies and Practices Among the right, thence northwesterly along FOR FURTHER INFORMATION CONTACT: Mr. the 51 Jurisdictions said curve a chord bearing of N.44 Marlon D. Pen˜ a, Program Manager, 11′12″ W. A chord distance of 22.46 Federal Aviation Administration, Great AGENCY: Federal Motor Carrier Safety feet, thence N.0 43′38″ E. A distance of Lakes Region, Detroit Airports District Administration (FMCSA), DOT. 15.45 feet to the point of beginning. Office, DET–ADO 610, 11677 South ACTION: Notice and request for Containing 3.53 acres. Wayne Road, Romulus, Michigan 48174. comments. Issued in Romulus, Michigan, on Telephone Number (734) 229–2909 / September 28, 2005. FAX Number (734) 229–2950. SUMMARY: This notice advises the public Irene R. Porter, Documents reflecting this FAA action about FMCSA’s intention to request Office of Management and Budget Manager, Detroit Airports District Office, may be reviewed at this same location FAA, Great Lakes Region. or at Delta County Airport, Escanaba, (OMB) approval for a new information collection concerning the Commercial [FR Doc. 05–21391 Filed 10–25–05; 8:45 am] Michigan. Driver’s License (CDL) policies and BILLING CODE 4910–13–M SUPPLEMENTARY INFORMATION: Following practices among the 50 States and the is a legal description of the property District of Columbia (referred to as the located in Escanaba, Delta County, DEPARTMENT OF TRANSPORTATION 51 jurisdictions). This information is Michigan, and described as follows: needed to identify where problems exist Federal Aviation Administration Parcel 1 (37 Acres) West Parcel within the CDL Program and how to address those problems through new or Beginning at the E1⁄4 corner of section Public Notice For Waiver of 2 T.38W., R.23W., Thence N. 89° 59′02″ revised safety initiatives. This notice is Aeronautical Land-Use Assurance, required by the Paperwork Reduction W. Along the east-west 1⁄4 line of said Delta County Airport, Escanaba, MI section a distance of 2659.78 feet to the Act of 1995. 1 DATES: AGENCY: Federal Aviation center ⁄4 corner of said section, thence Comments must be submitted on Administration, DOT. continue N. 89° 59′02″ W. along said 1⁄4 or before December 27, 2005. ACTION: Notice of intent of waiver with line of a distance of 738.64 feet, thence ADDRESSES: All comments should ° ′ ″ respect to land. N. 0 55 41 E. A distance of 411.60 feet reference Docket No. FMCSA–2005– to a point that is 847.0 feet south of and 22650. You may mail or hand deliver SUMMARY: The Federal Aviation measure at right angles from the center comments to the U.S. Department of Administration (FAA) is considering a line of Delta County Airport’s East-West Transportation, Dockets Management proposal to change a portion of the Runway, thence S. 89° 02′161″ E. Facility, Room PL–401, 400 Seventh airport from aeronautical use to non- Parallel with and 847.00 feet south of Street, SW., Washington, DC 20590; aeronautical use and to authorize the said center line a distance of 4077.56 telefax comments to 202/493–2251; or lease of the airport property. The feet, thence S. 16° 00′58″ E. A distance submit electronically at http:// proposal consists of 1 parcel of land, of 450.11 feet, thence N. 89° 06′02″ W. dms.dot.gov. totaling approximately 37 acres. Current A distance of 265.14 feet to the You may examine and copy all use and present condition is beginning of a 944.04 foot radius curve comments received at the above address undeveloped land compatible with local to the right, thence northwesterly along between 9 a.m. and 5 p.m., Monday commercial/industrial zoning said curve a chord bearing of N. 80° through Friday, except Federal holidays. classification. The land was acquired 33′42″ W. A chord distance of 280.46 If you desire your comment to be under part of the property from the City feet to the beginning of a 789.81 foot acknowledged, you must include a self- of Escanaba deeded to Delta County for radius curve to the left, thence addressed stamped envelope or postcard airport use. There are no impacts to the northwesterly along said curve a chord or, if you submit your comments airport by allowing the airport to lease bearing of N. 81° 05′12″ W. A chord electronically, you may print the of the property. Subject land may distance of 246.58 feet, thence N. 89° acknowledgment.
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FOR FURTHER INFORMATION CONTACT: Ms. issues than others. It appears, however, Issued on: October 21, 2005. Glenda Davis, phone (202) 366–5209; that each State was in non-compliance Annette M. Sandberg, FAX (202) 366–7298; or e-mail to some degree at the time the CR was Administrator. [email protected]; Federal conducted in the State. It is necessary [FR Doc. 05–21397 Filed 10–25–05; 8:45 am] Motor Carrier Safety Administration, for FMCSA to understand why the BILLING CODE 4910–EX–P DOT, 400 Seventh Street, SW., States are in non-compliance. While Washington, DC 20590. For additional there is anecdotal evidence that the fault information and copies of the may lie with the various processes DEPARTMENT OF TRANSPORTATION information collection instrument and within the States, or a failure by FMCSA instructions, contact Ms. Lorena F. to provide adequate guidance, or even Surface Transportation Board Truett, National Transportation with the Federal regulations, there has [STB Finance Docket No. 34728] Research Center, 2360 Cherahala been no systematic effort to determine Boulevard, Room I–32, Knoxville, TN the cause of State non-compliance with Marquette Rail, LLC—Lease and 37932; phone (865) 946–1306; FAX the CDL requirements. For FMCSA to Operation Exemption—CSX (865) 946–1314; or e-mail: find a solution which brings the States Transportation, Inc. [email protected]. Office hours are into compliance with the CDL Federal from 8:30 a.m. to 5 p.m., Monday regulations and increases commercial- Marquette Rail, LLC (MQT), a through Friday, except Federal vehicle safety, FMCSA must obtain noncarrier, has filed a verified notice of Holidays. input from the States. exemption under 49 CFR 1150.31 to lease, from CSX Transportation, Inc. SUPPLEMENTARY INFORMATION: The primary means for obtaining (CSXT), and operate approximately Title: Commercial Driver’s License information from the State officials will 129.03 miles of rail line extending Policies and Practices Among the 51 be via a password-protected Web site. In between: (a) Milepost CGE 3.6 at the Jurisdictions. the introduction (‘‘welcome screen’’) to OMB Control No: 2126–XXXX. the questionnaire, the respondent will Grand Rapids, MI station and milepost Background: In 1986, the Commercial be provided alternatives for taking the CGE 73.71 at the Baldwin, MI station; Motor Vehicle Safety Act (CMVSA) survey via a paper copy or over the (b) milepost CB 106.91 at the Baldwin (Public Law 99–570, Title XII, 100 Stat. phone with an FMCSA contractor. If the station and milepost CB 136.5 at the 3207–170 (October 27, 1986)) was respondent indicates a preference for Ludington, MI station; (c) milepost CBA passed in an effort to improve highway the paper copy or phone survey, 87.0 at the Walhalla, MI station and safety as it related to commercial motor arrangements will be made for milepost CBA 113.7 at the Manistee, MI vehicle drivers. The CDL program was administering the survey in the desired station; and (d) milepost CBA 113.7 at created as a result of that Act. The format. In addition, any respondents the Manistee station and the end of Motor Carrier Safety Improvement Act who prefer to be interviewed via a track at Filer City, MI (the Filer City (MCSIA) of 1999 (Public Law 106– phone call will also be provided an e- Spur, approximately 2.63 miles in 159,113 Stat. 1748 (December 9, 1999)) mail address so they may submit length). further strengthened the CDL Program additional comments if desired. MQT certifies that its projected through more vehicle and driver revenues as a result of this transaction Respondents: Each of the 51 will not exceed those that would qualify inspections and carrier compliance jurisdictions (50 States plus the District reviews, stronger enforcement, it as a Class III rail carrier. However, of Columbia) will be contacted. because its projected annual revenues expedited completion of rules, and Frequency: Once. effective CDL testing, record keeping, may exceed $5 million, MQT also and sanctions. The goal of both the Estimated Average Burden per certifies that it has complied with the Response: 1 hour per response. posting and service requirements of 49 CMVSA and MCSIA was to improve 1 highway safety by ensuring that drivers Estimated Total Annual Burden CFR 1150.32(e). The transaction was of commercial vehicles were qualified to Hours: 51 hours (51 jurisdictions x 1 scheduled to be consummated on or operate those vehicles and to remove hour per response). after October 14, 2005. If the verified notice contains false or unsafe and unqualified drivers from the Public Comments Invited highways. misleading information, the exemption The Federal Motor Carrier Safety You are asked to comment on any 1 MQT states that at the time the labor notice was Administration (FMCSA), within the aspect of this information collection, given, MQT planned to purchase the track and U.S. Department of Transportation including: (1) Whether the proposed other rail improvements and to lease the underlying (DOT), conducts Compliance Reviews collection is necessary for the FMCSA’s right-of-way. However, MQT will instead be leasing (CRs) of the 50 States and the District of performance; (2) the accuracy of the on a long-term basis both the track and other rail improvements and the underlying right-of-way. In Columbia in Washington, DC, to ensure estimated burden; (3) ways for the addition, the labor notice also indicated that the that the States are complying with the FMCSA to enhance the quality, milepost at Baldwin in segment (b) was CB 107.0. Federal Motor Carrier Safety usefulness, and clarity of the collected MQT has been advised by CSXT that, while Regulations (FMCSRs). Additional information; and (4) ways that the milepost CB 107.0 is used to signify Baldwin for operating purposes, the actual milepost is CB objectives of the State CRs include the burden could be minimized without 106.91. Therefore, MQT and CSXT have amended following: identifying technical, reducing the quality of the collected all of their agreements to reflect the milepost for operational, and administrative information. The agency will summarize Baldwin as CB 106.91. Also, in the labor notice, the deficiencies in State CDL programs; and/or include your comments in the milepost at Baldwin in segment (a) was incorrectly listed as CGE 73.4 instead of CGE 73.71. Finally, the establishing a mechanism for request for OMB’s clearance of this total mileage is accordingly approximately 129.03 identifying and correcting serious information collection. not 128.63 as stated in the labor notice. However, program deficiencies; and identifying Authority: The Paperwork Reduction Act under the revised lease arrangements and milepost opportunities for CDL fraud. changes, no additional CSXT employees will be of 1995, 44 U.S.C. Chapter 35, as amended; affected, MQT will still be responsible for all FMCSA conducted CRs on every Pub. L. 99–570, Title XII, 100 Stat. 3207–170 operations and maintenance and the change will State. Based on the results of the State (October 27, 1986); Pub. L. 106–159, 113 Stat. not affect the number of positions that MQT CRs, some States had fewer compliance 1748 (December 9, 1999); and 49 CFR § 1.73. anticipates will be available.
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is void ab initio. Petitions to revoke the If the notice contains false or Watco, a Kansas corporation, is a exemption under 49 U.S.C. 10502(d) misleading information, the exemption noncarrier that currently controls 14 may be filed at any time. The filing of is void ab initio. Petitions to revoke the Class III rail carriers: South Kansas and a petition to revoke will not exemption under 49 U.S.C. 10502(d) Oklahoma Railroad Company (SKO), automatically stay the transaction. may be filed at any time. The filing of Palouse River & Coulee City Railroad, An original and 10 copies of all a petition to revoke will not Inc. (PRCC), Timber Rock Railroad, Inc. pleadings, referring to STB Finance automatically stay the transaction. (TIBR), Stillwater Central Railroad, Inc. Docket No. 34728, must be filed with An original and 10 copies of all (SLWC), Eastern Idaho Railroad, Inc. the Surface Transportation Board, 1925 pleadings, referring to STB Finance (EIRR), Kansas & Oklahoma Railroad, K Street, NW., Washington, DC 20423– Docket No. 34760, must be filed with Inc. (K&O), Pennsylvania Southwestern 0001. In addition, a copy of each the Surface Transportation Board, 1925 Railroad, Inc. (PSWR), Great Northwest pleading must be served on Eric M. K Street, NW., Washington, DC 20423– Railroad, Inc. (GNR), Kaw River Hocky, Gollatz, Griffin & Ewing, P.C., 0001. In addition, a copy of each Railroad, Inc. (KRR), Mission Mountain Four Penn Center, Suite 200, 1600 John pleading must be served on Karl Morell, Railroad, Inc. (MMT), Appalachian & F. Kennedy Blvd., Philadelphia, PA Of Counsel, Ball Janik, LLP, 1455 F Ohio Railroad, Inc. (AO), Mississippi 19103–2808. Street, NW., Suite 225, Washington, DC Southern Railroad, Inc. (MSRR), Board decisions and notices are 20005. Yellowstone Valley Railroad, Inc. available on our Web site at http:// Board decisions and notices are (YVRR), and Louisiana Southern www.stb.dot.gov. available on our Web site at Railroad, Inc. (LSRR).2 Decided: October 21, 2005. http://www.stb.dot.gov. Applicant states that (1) The rail lines operated by SKO, PRCC, TIBR, SLWC, By the Board, David M. Konschnik, Decided: October 21, 2005. Director, Office of Proceedings. EIRR, K&O, PSWR, GNR, KRR, MMT, By the Board, David M. Konschnik, AO, MSRR, YVRR, and LSRR do not Vernon A. Williams, Director, Office of Proceedings. connect with the rail lines being leased Secretary. Vernon A. Williams, [FR Doc. 05–21410 Filed 10–25–05; 8:45 am] by ARSR; (2) the continuance in control Secretary. is not part of a series of anticipated BILLING CODE 4915–01–P [FR Doc. 05–21402 Filed 10–25–05; 8:45 am] transactions that would connect the rail BILLING CODE 4915–01–P lines being leased by ARSR with any DEPARTMENT OF TRANSPORTATION railroad in the Watco corporate family; and (3) neither ARSR nor any of the Surface Transportation Board DEPARTMENT OF TRANSPORTATION carriers controlled by Watco are Class I rail carriers. Therefore, the transaction [STB Finance Docket No. 34760] Surface Transportation Board is exempt from the prior approval Arkansas Southern Railroad, Inc.— [STB Finance Docket No. 34761] requirements of 49 U.S.C. 11323. See 49 Lease Exemption—The Kansas City CFR 1180.2(d)(2). The purpose of the Southern Railway Company Watco Companies, Inc.—Continuance transaction is to reduce overhead in Control Exemption—Arkansas expenses, coordinate billing, Arkansas Southern Railroad, Inc. Southern Railroad, Inc. maintenance, mechanical and personnel (ARSR), a noncarrier, has filed a verified policies and practices of applicant’s rail Watco Companies, Inc. (Watco), has notice of exemption under 49 CFR carrier subsidiaries, thereby improving filed a verified notice of exemption to 1150.31 to lease from The Kansas City the overall efficiency of rail service continue in control of Arkansas Southern Railway Company and operate provided by the 15 railroads. approximately 61 miles of rail lines Southern Railroad, Inc. (ARSR), upon Under 49 U.S.C. 10502(g), the Board located in Arkansas and Oklahoma. The ARSR’s becoming a Class III rail 1 may not use its exemption authority to rail lines extend from: (1) Milepost 4.0, carrier. relieve a rail carrier of its statutory near Heavener, OK, to milepost 33.0, at The transaction was expected to be obligation to protect the interests of its the end of the track at Waldron, AR; and consummated on or shortly after employees. Section 11326(c), however, (2) milepost 32.0, at Ashdown, AR, to October 9, 2005. does not provide for labor protection for milepost 0.0, at the end of the track near This transaction is related to a transactions under sections 11324 and Nashville, AR, not including the 601 concurrently filed verified notice of 11325 that involve on Class III rail track switch at Ashdown, AR. exemption in STB Finance Docket No. carriers. Accordingly, the Board may not This transaction is related to STB 34760, Arkansas Southern Railroad, impose labor protective conditions here, Finance Docket No. 34761, Watco Inc.—Lease Exemption—The Kansas because all of the carriers involved are Companies, Inc.—Continuance in City Southern Railway Company. In that Class III carriers. Control Exemption—Arkansas Southern proceeding, ARSR seeks to acquire by If the verified notice contains false or Railroad, Inc., wherein Watco lease from The Kansas City Southern misleading information, the exemption Companies, Inc., has filed a notice of Railway Company and operate is void ab initio. Petitions to revoke the exemption to continue in control of approximately 61 miles of rail lines in ARSR upon its becoming a Class III rail Arkansas and Oklahoma extending 2 SKO’s lines are located in Missouri, Kansas, and carrier. from: (1) Milepost 4.0, near Heavener, Oklahoma; PRCC’s lines are located in Washington, ARSR certifies that its projected OK, to milepost 33.0, at the end of the Oregon, and Idaho; TIBR’s lines are located in revenues as a result of the transaction track at Waldron, AR; and (2) milepost Texas and Louisiana; SLWC’s lines are located in Oklahoma: EIRR’s lines are located in Idaho; K&O’s will not result in ARSR’s becoming a 32.0, at Ashdown, AR, to milepost 0.0, lines are located in Kansas and Colorado; PSWR’s Class II or Class I rail carrier. ARSR also at the end of the track near Nashville, line is located in Pennsylvania; GNR’s lines are certifies that its projected annual AR, not including the 601 track switch located in Idaho and Washington; KRR’s lines are revenues will not exceed $5 million. at Ashdown, AR. located in Kansas and Missouri; MMT’s lines are located in Montana; AO’s lines are located in West The transaction was expected to be Virginia; MSRR’s line is located in Mississippi; consummated on or shortly after 1 Watco owns 100% of the issued and outstanding YVRR’s lines are located in Montana; and LSRR’s October 9, 2005. stock of ARSR. lines are located in Louisiana.
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exemption under 49 U.S.C. 10502(d) meeting, the Panel will finalize any ADDRESSES: You should direct your may be filed at any time. The filing of remaining matters that may be pending comments to: Communications a petition to revoke will not before the Panel. Division, Office of the Comptroller of automatically stay the transaction. Comments: Interested parties are the Currency, Public Information Room, An original and 10 copies of all invited to call into the teleconference to Mailstop 1–5, Attention: 1557–0140, pleadings, referring to STB Finance listen to the meeting; however, no 250 E Street, SW., Washington, DC Docket No. 34761, must be filed with public comments will be heard at the 20219. In addition, comments may be the Surface Transportation Board, 1925 meeting. Any written comments with sent by fax to (202) 874–4448, or by K Street NW., Washington, DC 20423– respect to this meeting may be mailed electronic mail to 0001. In addition, a copy of each to The President’s Advisory Panel on [email protected]. You can pleading must be served on Karl Morell, Federal Tax Reform, 1440 New York inspect and photocopy the comments at Of Counsel, Ball Janik LLP, 1455 F Avenue NW., Suite 2100, Washington, the OCC’s Public Information Room, 250 Street, NW., Suite 225, Washington, DC DC 20220. All written comments will be E Street, SW., Washington, DC 20219. 20005. made available to the public. You can make an appointment to Board decisions and notices are Records: Records are being kept of inspect the comments by calling (202) available on our Web site at http:// Advisory Panel proceedings and will be 874–5043. WWW.STB.DOT.GOV. available at the Internal Revenue Additionally, you should send a copy Service’s FOIA Reading Room at 1111 Decided: October 21, 2005. of your comments to OCC Desk Officer, Constitution Avenue, NW., Room 1621, 1557–0140, by mail to U.S. Office of By the Board, David M. Konschnik, Washington, DC 20024. The Reading Director, Office of Proceedings. Management and Budget, 725, 17th Room is open to the public from 9 a.m. Vernon A. Williams, Street, NW., #10235, Washington, DC to 4 p.m., Monday through Friday 20503, or by fax to (202) 395–6974. Secretary. except holidays. The public entrance to FOR FURTHER INFORMATION CONTACT: You [FR Doc. 05–21409 Filed 10–25–05; 8:45 am] the reading room is on Pennsylvania can request additional information or a BILLING CODE 4915–01–M Avenue between 10th and 12th streets. copy of the collection from Mary The phone number is (202) 622–5164 Gottlieb, OCC Clearance Officer, or (not a toll-free number). Advisory Panel Camille Dixon, (202) 874–5090, DEPARTMENT OF THE TREASURY documents, including meeting Legislative and Regulatory Activities announcements, agendas, and minutes, Division, Office of the Comptroller of Public Meeting of the President’s will also be available on http:// the Currency, 250 E Street, SW., Advisory Panel on Federal Tax Reform www.taxreformpanel.gov. Washington, DC 20219. AGENCY: Department of the Treasury. Dated: October 24, 2005. SUPPLEMENTARY INFORMATION: The OCC ACTION: Change in meeting date and Mark S. Kaizen, is requesting OMB approval for a time. Designated Federal Officer. revision to the following information [FR Doc. 05–21475 Filed 10–25–05; 8:45 am] collection: SUMMARY: This notice advises all BILLING CODE 4811–37–P Title: Fiduciary Activities of National interested persons of a change in the Banks—12 CFR 9. date and time of a public meeting of the OMB Number: 1557–0140. President’s Advisory Panel on Federal DEPARTMENT OF THE TREASURY Description: This submission covers Tax Reform. an existing regulation and involves no Office of the Comptroller of the DATES: The meeting previously change to the regulation or to the scheduled for Thursday, October 27, Currency information collection. The OCC 2005, and announced in 70 FR 59394 Agency Information Collection requests only that OMB approve its (October 12, 2005), has been Activities: Proposed Information revised estimate of the burden and rescheduled for Monday, October 31, Collection; Comment Request extend its approval of the information 2005. The meeting will be held via collection. teleconference and will begin at 2:30 AGENCY: Office of the Comptroller of the Under 12 U.S.C. 92a, the OCC p.m. Eastern Standard Time. This time Currency (OCC), Treasury. regulates the fiduciary activities of may be subject to change. Interested ACTION: Notice and request for comment. national banks, including the parties will be able to listen to the administration of collective investment meeting. Call-in information and SUMMARY: The OCC, as part of its funds. The requirements in 12 CFR part updated time information will be posted continuing effort to reduce paperwork 9 enable the OCC to perform its on the Panel’s Web site, http:// and respondent burden, invites the responsibilities relating to the fiduciary www.taxreformpanel.gov. general public and other Federal activities of national banks and agencies to take this opportunity to collective investment funds. The FOR FURTHER INFORMATION CONTACT: The comment on a continuing information collections of information in Part 9 are Panel staff at (202) 927–2TAX (927– collection, as required by the Paperwork found in 9.8, 9.9(a) and (b), 9.17(a), 2829) (not a toll-free call) or e-mail Reduction Act of 1995. An agency may 9.18(b)(1), 9.18(b)(6)(ii), 9.18(b)(6)(iv), [email protected] (please do not not conduct or sponsor, and a and 9.18(c)(5) as follows: send comments to this box). Additional respondent is not required to respond Section 9.8 requires a national bank to information is available at http:// to, an information collection unless it maintain fiduciary records; www.taxreformpanel.gov. displays a currently valid OMB control Section 9.9(a) and (b) require a SUPPLEMENTARY INFORMATION: number. The OCC is soliciting comment national bank to note the results of a Purpose: The October 31 meeting is concerning its information collection fiduciary audit in the minutes of the the thirteenth meeting of the Advisory titled, ‘‘Fiduciary Activities of National board of directors; Panel. Due to exceptional circumstances Banks—12 CFR part 9.’’ Section 9.17(a) requires a national concerning scheduling, this Notice is DATES: You should submit written bank that wants to surrender its being published at this time. At this comments by December 27, 2005. fiduciary powers to file with the OCC a
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certified copy of the resolution of its DEPARTMENT OF THE TREASURY Estimated Total Annual Burden board of directors; Hours: 400. Section 9.18(b)(1) requires a national Fiscal Service Comments: Comments submitted in bank to establish and maintain each response to this notice will be Financial Management Service; summarized and/or included in the collective investment fund in Proposed Collection of Information: accordance with a written plan; request for Office of Management and Claims Against the United States for Budget approval. All comments will Section 9.18(b)(1) also requires a Amounts Due in the Case of a become a matter of public record. national bank to make the plan available Deceased Creditor Comments are invited on: (a) Whether for public inspection and to provide a the collection of information is copy of the plan to any person who AGENCY: Financial Management Service, necessary for the proper performance of requests it; Fiscal Service, Treasury. the functions of the agency, including ACTION: Notice and request for Section 9.18(b)(6)(ii) requires a whether the information shall have comments. national bank to prepare a financial practical utility; (b) the accuracy of the report of the fund; SUMMARY: The Financial Management agency’s estimate of the burden of the Section 9.18(b)(6)(iv) requires a Service, as part of its continuing effort collection of information; (c) ways to national bank to disclose the financial to reduce paperwork and respondent enhance the quality, utility, and clarity report to investors and other interested burden, invites the general public and of the information to be collected; (d) persons; and other Federal agencies to take this ways to minimize the burden of the Section 9.18(c)(5) requires a national opportunity to comment on a collection of information on bank to request OCC approval of special continuing information collection. By respondents, including through the use exemption funds. this notice, the Financial Management of automated collection techniques or Type of Review: Revision of a Service solicits comments concerning other forms of information technology; currently approved collection. ‘‘Claims Against the United States for and (e) estimates of capital or start-up costs and costs of operation, Affected Public: Businesses or other Amounts Due in the Case of a Deceased Creditor’’. maintenance and purchase of services to for-profit. provide information. Estimated Number of Respondents: DATES: Written comments should be 580. received on or before December 27, Dated: October 7, 2005. 2005. Ronald G. Cymbor, Estimated Total Annual Responses: 1,177,492. ADDRESSES: Direct all written comments Assistant Commissioner, Financial Operations. Frequency of Response: On occasion. to Financial Management Service, 3700 East West Highway, Records and [FR Doc. 05–21323 Filed 10–25–05; 8:45 am] Estimated Total Annual Burden: Information Management Program Staff, BILLING CODE 4810–35–M 309,825 hours. Room 135, Hyattsville, Maryland 20782. Comments submitted in response to FOR FURTHER INFORMATION CONTACT: this notice will be summarized and DEPARTMENT OF THE TREASURY Requests for additional information included in the request for OMB should be directed to Kevin McIntyre, approval. All comments will become a United States Mint Judgment Fund Branch, 3700 East West matter of public record. Comments are Highway, Room 630F, Hyattsville, MD Notification of Citizens Coinage invited on: 20782, (202) 874–1130. Advisory Committee November 2005; (a) Whether the collection of SUPPLEMENTARY INFORMATION: Pursuant Public Meeting information is necessary for the proper to the Paperwork Reduction Act of 1995, SUMMARY: Pursuant to United States performance of the functions of the (44 U.S.C. 3506(c)(2)(A)), the Financial agency, including whether the Code, Title 31, section 5135(b)(8)(C), the Management Service solicits comments United States Mint announces a Citizens information has practical utility; on the collection of information (b) The accuracy of the agency’s Coinage Advisory Committee (CCAC) described below: public meeting scheduled for November estimate of the burden of the collection Title: Claim Against the United States of information; 15, 2005. for Amounts Due in the Case of a Date: November 15, 2005. (c) Ways to enhance the quality, Deceased Creditor. Time: 1 p.m. to 2 p.m. utility, and clarity of the information to OMB Number: 1510–0042. Location: The meeting will occur via be collected; Form Number: SF–1055. teleconference. Interested members of (d) Ways to minimize the burden of Abstract: This form is required to the public may attend the meeting at the the collection on respondents, including determine who is entitled to the funds United States Mint; 801 Ninth Street, through the use of automated collection of a deceased Postal Savings depositor NW., Washington, DC; 2nd floor. techniques or other forms of information or deceased award holder. The form, Subject: Finalize the CCAC’s annual technology; and with supporting documentation, enables report and other business. (e) Estimates of capital or startup costs the government to decide who is legally Interested persons should call 202– and costs of operation, maintenance, entitled to payment. 354–7502 for the latest update on and purchase of services to provide Current Actions: Extensions of meeting time, and location. information. currently approved collection. Type of Review: Regular. Public Law 108–15 Established the Dated: October 19, 2005. Affected Public: Individuals or CCAC to Stuart Feldstein, households. • Advise the Secretary of the Assistant Director, Legislative and Regulatory Estimated Number of Respondents: Treasury on any theme or design Activities Division. 400. proposals relating to circulating coinage, [FR Doc. 05–21352 Filed 10–25–05; 8:45 am] Estimated Time Per Respondent: 1 bullion coinage, Congressional gold BILLING CODE 4810–33–P hour. medals, and national and other medals.
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• Advise the Secretary of the • Make recommendations with consideration is invited to submit them Treasury with regard to the events, respect to the mintage level for any by fax to the following number: 202– persons, or places to be commemorated commemorative coin recommended. 756–6830. by the issuance of commemorative coins FOR FURTHER INFORMATION CONTACT: Authority: 31 U.S.C. 5135(b)(8)(C). in each of the five calendar years Brendan Adams, United States Mint Dated: October 19, 2005. succeeding the year in which a Liaison to the CCAC; 801 Ninth Street, David A. Lebryk, commemorative coin designation is NW., Washington, DC 20220; or call made. 202–354–7200. Acting Director, United States Mint. Any member of the public interested [FR Doc. 05–21324 Filed 10–25–05; 8:45 am] in submitting matters for the CCAC’s BILLING CODE 4810–37–P
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Corrections Federal Register Vol. 70, No. 206
Wednesday, October 26, 2005
This section of the FEDERAL REGISTER DEPARTMENT OF TRANSPORTATION [Revised], in Area C., in the second line, contains editorial corrections of previously ‘‘Lat. 34°57′42″ N.,’’ should read ‘‘Lat. published Presidential, Rule, Proposed Rule, Federal Aviation Administration 33°57′42″ N.,’’. and Notice documents. These corrections are prepared by the Office of the Federal 14 CFR Part 71 2. On page 46757, in the same section, Register. Agency prepared corrections are under the same heading, in Area E., in issued as signed documents and appear in [Docket No. FAA–2004–18612; Airspace the second line, ‘‘Lat. 33°54′00″ N.,’’ the appropriate document categories Docket No. 04–AWA–05] should read ‘‘Lat. 33°54′04″ N.,’’. elsewhere in the issue. RIN 2120–AA66 3. On the same page, in the same section, under the same heading, in the Modification of the Los Angeles Class B Airspace Area; CA same Area, the sixth line, ‘‘Lat. 34°02′22″ N., long. 117°59′23″ W.’’, Correction should be deleted. In rule document 05–15855 beginning 4. On the same page, in the same on page 46754 in the issue of Thursday, section, under the same heading, in August 11, 2005, make the following Area J., in the sixth line, ‘‘Lat. 33°46′56″ corrections: N.,’’ should read ‘‘Lat. 33°46′40″ N.,’’. §71.1 [Corrected] 1. On page 46756, in §71.1, under the [FR Doc. C5–15855 Filed 10–25–05; 8:45 am] heading AWP CA B Los Angeles, CA BILLING CODE 1505–01–D
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Reader Aids Federal Register Vol. 70, No. 206 Wednesday, October 26, 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 3 CFR 13385) ...... 57989 13326 (Revoked by Executive orders and proclamations 741–6000 Proclamations: 13385) ...... 57989 The United States Government Manual 741–6000 7936...... 58281 7937...... 58283 13328 (Revoked by Other Services 7938...... 58285 13385) ...... 57989 Electronic and on-line services (voice) 741–6020 7939...... 58287 13369 (Amended by Privacy Act Compilation 741–6064 7940...... 59209 13386) ...... 58289 Public Laws Update Service (numbers, dates, etc.) 741–6043 7941...... 59977 13385...... 57989 TTY for the deaf-and-hard-of-hearing 741–6086 7942...... 59979 13386...... 58289 7943...... 59981 13387...... 60697 7944...... 59983 ELECTRONIC RESEARCH Administrative Orders: 7945...... 59985 Presidential World Wide Web 7946...... 61013 Determinations: 7947...... 61015 Full text of the daily Federal Register, CFR and other publications No. 2005–38 of 7948...... 61017 is located at: http://www.gpoaccess.gov/nara/index.html September 26, 7949...... 61019 2005 ...... 60397 Federal Register information and research tools, including Public 7950...... 61545 Inspection List, indexes, and links to GPO Access are located at: No. 2005–39 of Executive Orders: http://www.archives.gov/federallregister/ September 28, 11145 (Continued by 2005 ...... 60399 E-mail 13385) ...... 57989 No. 2005–40 of FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 11183 (Continued by September 28, an open e-mail service that provides subscribers with a digital 13385) ...... 57989 2005 ...... 60401 form of the Federal Register Table of Contents. The digital form 11287 (Continued by No. 2005–41 of of the Federal Register Table of Contents includes HTML and 13385) ...... 57989 September 29, PDF links to the full text of each document. 12131 (Continued by 2005 ...... 60403 To join or leave, go to http://listserv.access.gpo.gov and select 13385) ...... 57989 Notices: Online mailing list archives, FEDREGTOC-L, Join or leave the list 12196 (Continued by Notice of October 17, (or change settings); then follow the instructions. 13385) ...... 57989 2005 ...... 61023 12216 (Amended by Notice of October 19, PENS (Public Law Electronic Notification Service) is an e-mail 2005 ...... 61209 service that notifies subscribers of recently enacted laws. 13385) ...... 57989 12367 (Continued by 5 CFR To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 13385) ...... 57989 and select Join or leave the list (or change settings); then follow 532...... 61211 12382 (Continued by the instructions. 1650...... 59621 13385) ...... 57989 5502...... 61713 FEDREGTOC-L and PENS are mailing lists only. We cannot 12473 (Amended by Proposed Rules: respond to specific inquiries. 13387) ...... 60697 1201...... 61750 Reference questions. Send questions and comments about the 12905 (Continued by Federal Register system to: [email protected] 13385) ...... 57989 6 CFR The Federal Register staff cannot interpret specific documents or 12958 (See 13387)...... 60697 7...... 61211 regulations. 12978 (See Notice of 13...... 59209 October 19, 2005)...... 61209 7 CFR FEDERAL REGISTER PAGES AND DATE, OCTOBER 12994 (Continued by 13385) ...... 57989 54...... 58969 57483–57724...... 3 13226 (Amended by 62...... 58969 57725–57992...... 4 13385) ...... 57989 205...... 61217 57993–58290...... 5 13231 (Continued by 300...... 57993 58291–58602...... 6 13385) ...... 57989 301...... 57993, 61349 58603–58968...... 7 13237 (Continued by 302...... 57993 58969–59208...... 11 13385) ...... 57989 305...... 57993 59209–59620...... 12 13256 (Continued by 318...... 57993 59621–59986...... 13 13385) ...... 57989 319...... 57993, 61351 322...... 57993 59987–60202...... 14 13265 (Continued by 330...... 57993 60203–60404...... 17 13385) ...... 57989 340...... 57993 60405–60714...... 18 13270 (Continued by 351...... 57993 60715–61024...... 19 13385) ...... 57989 352...... 57993 61025–61210...... 20 13316 (Superseded in 353...... 57993 61211–61348...... 21 part by 13385)...... 57989 354...... 57993 61349–61546...... 24 13231 (Amended by 355...... 57994 61547–61712...... 25 13385) ...... 57989 360...... 57993 61713–61884...... 26 13283 (Revoked by 371...... 57993
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380...... 57993 58605, 59630, 59632, 59635, 33...... 58636, 60748 30 CFR 915...... 59622 59988, 60422 131...... 60456 732...... 61194 927...... 59625 39 ...... 57487, 57491, 57493, 292...... 60456 57732, 57734, 57736, 57739, Proposed Rules: 979...... 57995 46...... 57808 981...... 60405 57740, 57998, 58000, 58002, 19 CFR 58005, 58007, 58257, 58293, 48...... 57808 983...... 61220 12...... 58009, 61031 50...... 57808 1005...... 59221 58295, 58298, 58300, 58303, 102...... 58009 58305, 59229, 59231, 59233, 56...... 57808 1007...... 59221 141...... 58009 57...... 57808 1902...... 59224 59236, 59237, 59240, 59243, 144...... 58009 59244, 59246, 59252, 59256, 75...... 57808 4279...... 57483 146...... 58009 77...... 57808 4287...... 57483 59258, 59263, 59266, 59636, 163...... 58009 59638, 59640, 59644, 59647, 117...... 57524 Proposed Rules: 250...... 61589 51...... 61068 60203, 60205, 60206, 60211, 20 CFR 61226, 61229, 61547, 61549, 915...... 60478 301...... 58084, 59280 404...... 61364 936...... 60481 319...... 59283 61716, 61720, 61721, 61723, 416...... 61364 1030...... 58086 61727, 61729 Proposed Rules: 31 CFR 1219...... 59678, 61238 71 ...... 57497, 57498, 57746, 404 ...... 58999, 60251, 60463 29...... 60003 1260...... 58095 58307, 58308, 58607, 59651, 408...... 60251 59652, 59653, 59990, 59992, 1437...... 57520 411...... 60748 32 CFR 60132, 60424, 61026, 61362, 416 ...... 58999, 60251, 60463 9 CFR 61552, 61733, 61735, 61883 179...... 58016 199...... 61368 77 ...... 58291, 61025, 61226 73...... 58607 21 CFR 504...... 60723 93...... 57486 95...... 57499 1...... 57505 631...... 60728 327...... 57725 97 ...... 57504, 57746, 60715, 20...... 57505 61027 Proposed Rules: Proposed Rules: 310...... 58974 119...... 58796 505...... 61589 94...... 61578 341...... 58974 121...... 58796, 59932 510...... 57927 33 CFR 10 CFR 135...... 58796, 59932 866...... 57748 145...... 58796, 59932 100 ...... 58055, 61032, 61034 430 ...... 59122, 60407, 61698 886...... 61736 183...... 59932 117 ...... 58056, 58057, 58059, 431...... 60407, 61698 Proposed Rules: Proposed Rules: 101...... 60749 58308, 59655, 61380, 61738 Proposed Rules: 1...... 58308 165 ...... 58608, 60004, 61739 430...... 61395 133...... 60751 25...... 58308 589...... 58570 Proposed Rules: 11 CFR 39 ...... 57804, 58100, 58103, 165...... 58646 58107, 58110, 58352, 58355, 22 CFR 207...... 61401 Proposed Rules: 58357, 58358, 58620, 58623, 51...... 61553 100...... 60744 58626, 58628, 58631, 58634, 34 CFR 96...... 59654 60244, 60246, 60453, 60744, 12 CFR 668...... 61037 61078, 61239, 61398, 61580 24 CFR 674...... 61037 34...... 59987 71 ...... 57805, 61583, 61585, 983...... 59892 682...... 61037 204...... 58603 61586, 61587 990...... 61366 685...... 61037 225...... 59987 91...... 58508 229...... 60418 121 ...... 58508, 58966, 58967 Proposed Rules: 36 CFR 323...... 59987 3280...... 61178 125...... 58508 1230...... 58978 333...... 60420 129...... 58508 3282...... 61178 3288...... 61178 564...... 59987 135...... 58966, 58967 37 CFR 620...... 58293 382...... 61241 25 CFR 201...... 58310 621...... 58293 1260...... 60456 650...... 58293 161...... 58882 256...... 58310 651...... 58293 15 CFR Proposed Rules: Proposed Rules: 652...... 58293 335...... 61363 517...... 60470 201...... 57526 653...... 58293 340...... 61363 26 CFR 38 CFR 654...... 58293 902...... 61233 655...... 58293 Proposed Rules: 1 ...... 57509, 57750, 60132 Proposed Rules: 713...... 61713 7...... 59678 54...... 59620 5...... 61326 722...... 59987 801...... 60214 741...... 61713 16 CFR Proposed Rules: 39 CFR 1700...... 59628 Proposed Rules: 1 ...... 57523, 57807, 57930, 111...... 61037 Proposed Rules: Ch. II ...... 60031 60475 Proposed Rules: 3...... 61068 23...... 57807 301...... 57523, 60475 111...... 60036 208...... 61068 305...... 60716 801...... 60256 225...... 61068 40 CFR 17 CFR 27 CFR 226...... 60235 3...... 59848 307...... 60015 200...... 61030 9...... 59993, 59996 9 ...... 59402, 59848, 60134 325...... 61068 Proposed Rules: 35...... 61039 29 CFR 331...... 60019 1...... 58985 51...... 59582, 59848 362...... 60019 145...... 58985 697...... 57722 52 ...... 57511, 57750, 58311, 404...... 61395 147...... 58985 1610...... 57510 58313, 58321, 58325, 58978, 567...... 61068 241...... 61700 2560...... 59620 59657, 60008, 60010, 60735, 2590...... 59620 60738, 60740, 60741, 61232, 18 CFR 13 CFR 4022...... 60002 61382, 61384, 61556, 61561, 126...... 58974 153...... 60426 4044...... 60002 61563, 61741 157...... 60426 Proposed Rules: 60...... 59848 14 CFR 375...... 60426 404...... 61400 62 ...... 57762, 57764, 58328, 21...... 59932 Proposed Rules: 1910...... 59290 61044 25 ...... 57726, 57728, 57730, 2...... 58636, 60748 1926...... 59290 63 ...... 57513, 59402, 59848
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69...... 59848 41 CFR 206...... 60443 1529...... 61567 70...... 59848 60–1...... 58946 Proposed Rules: 1536...... 61567 71...... 59848 301–10...... 61046 67...... 57848, 57850 1537...... 61567 80...... 58330 301–11...... 60221 1552...... 61567 45 CFR 81 ...... 59657, 61232, 61563 301–74...... 60221 Proposed Rules: 82...... 60443 Proposed Rules: 2...... 60782 122...... 60134 42 CFR 302...... 60038 4...... 60782 123...... 59848 73...... 61047 303...... 60038 52...... 60782 142...... 59848 405...... 57785 307...... 60038 1835...... 60484 145...... 59848 412...... 57785 Ch. XXV...... 60257 1852...... 60484 162...... 59848 413...... 57785 46 CFR 49 CFR 166...... 61232 415...... 57785 180...... 59268 419...... 57785 296...... 59400 172...... 59119 233...... 59848 422...... 57785 Proposed Rules: 192...... 61571 257...... 59848 431...... 58260 389...... 60770 195...... 61571 258...... 59848 457...... 58260 303...... 58616 47 CFR 260...... 59402 483...... 58834 387...... 58065 591...... 57793 261...... 57769, 60217 485...... 57785 1...... 61049 592...... 57793 264...... 59402 Proposed Rules: 2...... 61742, 61747 594...... 57793 265...... 59402 411...... 59182 5...... 59276 266...... 59402 421...... 58649 15...... 60742 Proposed Rules: 29...... 58175 270...... 59402 1001...... 59015 22...... 61049 173...... 61762 271...... 59402, 59848 24...... 61049 43 CFR 25...... 59276 180...... 61762 281...... 59848 3000...... 58854 27...... 58061, 61049 192...... 57536 403...... 59848, 60134 3100...... 58854 51...... 60222 387...... 61111 501...... 59848 3110...... 58854 63...... 60222 393...... 58657 710...... 60217 3120...... 58854 64 ...... 59664, 60222, 61747 571...... 57549 745...... 59848 3130...... 58854 73 ...... 59277, 59279, 60742, 763...... 59848 3140...... 58610 61748, 61749 50 CFR Proposed Rules: 3200...... 58854 90...... 61049 17 ...... 58335, 59808, 59952, 51...... 59680, 61081 3470...... 58854 97...... 59276 60658, 60886 52 ...... 57531, 58112, 58119, 3500...... 58854 Proposed Rules: 222...... 60013 58138, 58146, 58154, 58167, 3600...... 58854 2...... 61752 223...... 60013 59681, 59688, 59690, 60036, 3800...... 58854 22...... 60770 622...... 57802 60037, 60769, 61081, 61104, 3830...... 58854 24...... 60770 648 ...... 57517, 57802, 58351, 61402, 61403, 61590, 61750 3833...... 58854 27...... 60770 60449, 60450, 61233, 61577 62 ...... 57531, 57811, 57812, 3835...... 58854 63...... 60259 660 ...... 58066, 59296, 61063, 58361, 61106 3836...... 58854 64...... 59704, 60259 61235, 61393 63 ...... 57534, 61404, 61411, 3860...... 58854 73 ...... 59292, 59293, 59294, 679 ...... 57518, 57803, 58983, 61417 3870...... 58854 59295, 60781 59675, 59676, 60742, 61067 69...... 59690 Proposed Rules: Proposed Rules: 81...... 59690 4...... 58167 48 CFR 17 ...... 57851, 58361, 60051, 158...... 61242 2560...... 58654 Ch. II ...... 58980 60608, 61591, 61770 194...... 61107 204...... 58980 21...... 59710, 60052 302...... 57813 44 CFR 215...... 58980 622...... 60058 355...... 57813 64...... 61388, 61389 252...... 58980 635...... 58177, 58366 372...... 57822 65...... 57786, 57788 1504...... 61567 660...... 61595, 61597 403...... 60199 67...... 57791 1509...... 61567 679...... 61775
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REMINDERS organizations; marking 05; published 10-5-05 ENVIRONMENTAL The items in this list were requirements; Open for [FR 05-19986] PROTECTION AGENCY editorially compiled as an aid comments until further COURT SERVICES AND Air pollutants, hazardous; to Federal Register users. notice; published 8-26-05 OFFENDER SUPERVISION national emission standards: Inclusion or exclusion from [FR 05-16698] AGENCY FOR THE Integrated iron and steel this list has no legal AGRICULTURE DISTRICT OF COLUMBIA manufacturing; comments significance. DEPARTMENT Semi-annual agenda; Open for due by 10-31-05; Agricultural Marketing comments until further published 8-30-05 [FR 05- 17193] RULES GOING INTO Service notice; published 12-22-03 [FR 03-25121] EFFECT OCTOBER 26, Cotton classing, testing and Secondary aluminum production; correction; 2005 standards: DEFENSE DEPARTMENT Classification services to Acquisition regulations: comments due by 11-2- growers; 2004 user fees; 05; published 10-3-05 [FR ENVIRONMENTAL Contractor personnel 05-19714] PROTECTION AGENCY Open for comments until interacting with detainees; Air programs; approval and Air quality implementation further notice; published training; comments due by promulgation; State plans plans; approval and 5-28-04 [FR 04-12138] 10-31-05; published 9-1- for designated facilities and promulgation; various Fresh fruit and vegetable 05 [FR 05-17347] pollutants: States; air quality planning terminal market inspection Contractors; levy on purposes; designation of services; fee revisions; payment; comments due Missouri; comments due by areas: comments due by 11-3-05; by 10-31-05; published 9- 11-2-05; published 10-3- Indiana; published 9-26-05 published 10-20-05 [FR 05- 1-05 [FR 05-17349] 05 [FR 05-19711] FEDERAL 20961] Pilot Mentor-Protege New Mexico; comments due COMMUNICATIONS Melons grown in— Program; Open for by 11-3-05; published 10- 4-05 [FR 05-19877] COMMISSION South Texas; comments due comments until further Common carrier services: by 11-4-05; published 10- notice; published 12-15-04 North Carolina; comments Commercial mobile radio 5-05 [FR 05-20088] [FR 04-27351] due by 10-31-05; published 9-29-05 [FR 05- services— Oranges and grapefruit grown Civilian health and medical 19351] Truth-in-billing and billing in— program of uniformed format; descriptions and services (CHAMPUS): Air quality implementation Texas; comments due by plans; approval and plain language 10-31-05; published 8-31- TRICARE program— requirements; published promulgation; various 05 [FR 05-17321] TRICARE Dental States: 10-26-05 Program; participating Frequency allocations and AGRICULTURE Oklahoma; comments due DEPARTMENT providers reimbursement radio treaty matters: rate; revision; comments by 11-3-05; published 10- Commodity Credit Advanced wireless services; due by 10-31-05; 4-05 [FR 05-19837] Corporation published 10-26-05 published 8-31-05 [FR Texas; comments due by HEALTH AND HUMAN Loan and purchase programs: 05-17299] 11-4-05; published 10-5- 05 [FR 05-19994] SERVICES DEPARTMENT Noninsured Crop Disaster EDUCATION DEPARTMENT Assistance Program; Environmental statements; Supplemental standards of Grants and cooperative tropical regions; availability, etc.: ethical conduct and financial agreements; availability, etc.: disclosure requirements for comments due by 11-2- Coastal nonpoint pollution Vocational and adult department employees; 05; published 10-3-05 [FR control program— education— correction; published 10-26- 05-19671] Minnesota and Texas; Smaller Learning 05 AGRICULTURE Open for comments Communities Program; INTERIOR DEPARTMENT DEPARTMENT until further notice; Open for comments Fish and Wildlife Service published 10-16-03 [FR Natural Resources until further notice; 03-26087] Endangered and threatened Conservation Service published 2-25-05 [FR species: Reports and guidance E5-00767] Hazardous waste program Critical habitat authorizations: documents; availability, etc.: ENERGY DEPARTMENT designations— Montana; comments due by National Handbook of Meetings: Bull trout; published 9-26- Conservation Practices; 10-31-05; published 9-30- Environmental Management 05 Open for comments until 05 [FR 05-19617] Site-Specific Advisory TRANSPORTATION further notice; published Pesticides; tolerances in food, Board— DEPARTMENT 5-9-05 [FR 05-09150] animal feeds, and raw Federal Aviation Oak Ridge Reservation, agricultural commodities: CHEMICAL SAFETY AND Administration TN; Open for comments Flonicamid; comments due HAZARD INVESTIGATION until further notice; Airworthiness directives: BOARD by 10-31-05; published 8- Airbus; published 9-21-05 published 11-19-04 [FR 31-05 [FR 05-17128] Meetings; Sunshine Act; Open BAE Systems (Operations) 04-25693] for comments until further Halosulfuron-methyl; Ltd.; published 9-21-05 ENERGY DEPARTMENT notice; published 10-4-05 comments due by 10-31- Boeing; published 9-21-05 [FR 05-20022] Energy Efficiency and 05; published 8-31-05 [FR Short Brothers; published 9- Renewable Energy Office 05-17204] COMMERCE DEPARTMENT 21-05 Commercial and industrial Lactic acid, 2-ethylhexyl National Oceanic and equipment; energy efficiency ester; comments due by COMMENTS DUE NEXT Atmospheric Administration program: 10-31-05; published 8-31- WEEK Fishery conservation and Test procedures and 05 [FR 05-17360] management: efficiency standards— Methoxyfenozide; comments AGENCY FOR West Coast States and Commercial packaged due by 10-31-05; INTERNATIONAL Western Pacific boilers; Open for published 8-31-05 [FR 05- DEVELOPMENT fisheries— comments until further 17131] Assistance awards to U.S. Pacific Coast groundfish; notice; published 10-21- S-metolachlor; comments non-Governmental comments due by 11-4- 04 [FR 04-17730] due by 10-31-05;
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published 8-31-05 [FR 05- due by 11-4-05; published Drawbridge operations: OFFICE OF MANAGEMENT 17367] 10-5-05 [FR 05-19910] Louisiana; comments due by AND BUDGET Superfund program: Medicare: 11-1-05; published 9-2-05 Management and Budget Office National oil and hazardous Physicians’ services and [FR 05-17510] Grants, other financial substances contingency certain items; prior HOUSING AND URBAN assistance, and plan priorities list; determination of coverage; DEVELOPMENT nonprocurement comments due by 10-31- comments due by 10-31- DEPARTMENT agreements; 05; published 9-30-05 [FR 05; published 8-30-05 [FR Grants and cooperative governmentwide guidance: 05-19613] 05-17175] agreements; availability, etc.: Governmentwide debarment Water pollution control: HEALTH AND HUMAN Homeless assistance; and suspension National Pollutant Discharge SERVICES DEPARTMENT excess and surplus (nonprocurement); Federal Elimination System— Food and Drug Federal properties; Open agency guidance; Concentrated animal Administration for comments until further comments due by 10-31- feeding operations in Human drugs: notice; published 8-5-05 05; published 8-31-05 [FR New Mexico and [FR 05-15251] 05-16647] Oklahoma; general Drug approvals; circumstances under INTERIOR DEPARTMENT POSTAL SERVICE permit for discharges; Domestic Mail Manual: Open for comments which an active ingredient Fish and Wildlife Service may be marketed in both Preparation standards for until further notice; Endangered and threatened bundles of mail on pallets; published 12-7-04 [FR prescription and over-the- species permit applications counter products; comments due by 10-31- 04-26817] Recovery plans— comments due by 11-1- 05; published 9-30-05 [FR Texas; general permit for 05; published 9-1-05 [FR Paiute cutthroat trout; 05-19531] territorial seas; Open for 05-17390] Open for comments SECURITIES AND comments until further until further notice; EXCHANGE COMMISSION Reports and guidance notice; published 9-6-05 published 9-10-04 [FR Securities, etc.: documents; availability, etc.: [FR 05-17614] 04-20517] Sarbanes-Oxley Act of Water pollution; effluent Evaluating safety of Endangered and threatened 2002; implementation— guidelines for point source antimicrobial new animal species: Exchange Act periodic drugs with regard to their categories: Findings on petitions, etc.— reports; inclusion of Meat and poultry products microbiological effects on management’s report on bacteria of human health Yellowstone cutthroat internal control over processing facilities; Open trout; comments due by for comments until further concern; Open for financial reporting and comments until further 10-31-05; published 9-1- certification disclosure; notice; published 9-8-04 05 [FR 05-17455] [FR 04-12017] notice; published 10-27-03 comments due by 10- [FR 03-27113] Picture-wing flies (12 31-05; published 9-29- FEDERAL Medical devices— species) from Hawaiian 05 [FR 05-19426] COMMUNICATIONS Islands; comments due by COMMISSION Dental noble metal alloys Securities: and base metal alloys; 11-3-05; published 10-4- Annual and quarterly Committees; establishment, 05 [FR 05-19594] reports; accelerated filer renewal, termination, etc.: Class II special controls; Open for Importation, exportation, and definition and accelerated Technological Advisory comments until further transportation of wildlife: filing deadlines; comments Council; Open for notice; published 8-23- Injurious wildlife— due by 10-31-05; comments until further 04 [FR 04-19179] Black carp; comments published 9-29-05 [FR 05- notice; published 3-18-05 19427] [FR 05-05403] HOMELAND SECURITY due by 10-31-05; DEPARTMENT published 8-30-05 [FR SMALL BUSINESS Common carrier services: ADMINISTRATION Customs and Border 05-17173] Interconnection— Disaster loan areas: Protection Bureau Refuge-specific public use Incumbent local exchange regulations: Maine; Open for comments carriers unbounding Intelligence Reform and until further notice; obligations; local Terrorism Prevention Act of Kodiak National Wildlife published 2-17-04 [FR 04- competition provisions; 2004; implementation: Refuge, AK; comments 03374] wireline services Travel within Western due by 10-31-05; HUBZone program: offering advanced Hemisphere; documents published 9-30-05 [FR 05- Government contracting, telecommunications required; comments due 19570] 8(a) business capability; Open for by 10-31-05; published 9- LABOR DEPARTMENT development, and small comments until further 1-05 [FR 05-17533] Employee Benefits Security business size standard notice; published 12-29- Organization and functions; Administration programs; comments due 04 [FR 04-28531] field organization, ports of Employee Retirement Income by 10-31-05; published 8- Radio services, special: entry, etc.: Security Act: 30-05 [FR 05-17206] STATE DEPARTMENT Amateur services— Sacramento, CA, port Annual reports; electronic Telegraphy examination establishment; San filing requirements; Intelligence Reform and requirement; comments Francisco, CA, port limits comments due by 10-31- Terrorism Prevention Act of due by 10-31-05; realignment; comments 05; published 8-30-05 [FR 2004; implementation: published 8-31-05 [FR due by 11-1-05; published 05-17185] Travel within Western 05-17226] 9-2-05 [FR 05-17536] Hemisphere; documents NUCLEAR REGULATORY required; comments due HOMELAND SECURITY HEALTH AND HUMAN COMMISSION by 10-31-05; published 9- DEPARTMENT SERVICES DEPARTMENT Environmental statements; 1-05 [FR 05-17533] Centers for Medicare & Coast Guard availability, etc.: OFFICE OF UNITED STATES Medicaid Services Anchorage regulations: Fort Wayne State TRADE REPRESENTATIVE Medicaid and State Children’s Maryland; Open for Developmental Center; Trade Representative, Office Health Insurance Program: comments until further Open for comments until of United States Payment error rate notice; published 1-14-04 further notice; published Generalized System of measurement; comments [FR 04-00749] 5-10-04 [FR 04-10516] Preferences:
VerDate Aug 31 2005 18:04 Oct 25, 2005 Jkt 208001 PO 00000 Frm 00005 Fmt 4712 Sfmt 4711 E:\FR\FM\26OCCU.LOC 26OCCU vi Federal Register / Vol. 70, No. 206/ Wednesday, October 26, 2005 / Reader Aids
2003 Annual Product (EMBRAER); comments Booster seats and Superintendent of Documents, Review, 2002 Annual due by 10-31-05; restraints for children U.S. Government Printing Country Practices Review, published 9-29-05 [FR 05- weighing more than 50 Office, Washington, DC 20402 and previously deferred 19238] lbs.; comments due by (phone, 202–512–1808). The product decisions; General Electric Co.; 10-31-05; published 8- text will also be made petitions disposition; Open comments due by 10-31- 31-05 [FR 05-17218] available on the Internet from for comments until further 05; published 9-1-05 [FR Motor homes and travel GPO Access at http:// notice; published 7-6-04 05-17400] trailers over 10,000 www.gpoaccess.gov/plaws/ [FR 04-15361] McDonnell Douglas; pounds; cargo carrying index.html. Some laws may TRANSPORTATION comments due by 10-31- capacity; comments due not yet be available. DEPARTMENT 05; published 9-16-05 [FR by 10-31-05; published 8- Debarment and suspension 05-18401] 31-05 [FR 05-17245] H.R. 3971/P.L. 109–91 (nonprocurement); Sabreliner; comments due TREASURY DEPARTMENT QI, TMA, and Abstinence governmentwide by 10-31-05; published 9- Programs Extension and requirements; comments Internal Revenue Service 14-05 [FR 05-18209] Hurricane Katrina due by 11-4-05; published Income taxes: Unemployment Relief Act of 10-5-05 [FR 05-19965] Airworthiness standards: Simplified service cost 2005 (Oct. 20, 2005; 119 Stat. Special conditions— method and simplified TRANSPORTATION 2091) DEPARTMENT Boeing Model 720B high production method; cross- Federal Aviation intensity radiated fields; reference; comments due Last List October 20, 2005 Administration comments due by 11-3- by 11-1-05; published 8-3- Air traffic operating and flight 05; published 10-4-05 05 [FR 05-15362] rules, etc.: [FR 05-19858] Washington, DC, Public Laws Electronic Dassault-Aviation Mystere- LIST OF PUBLIC LAWS metropolitan special flight Falcon 50 airplanes; Notification Service rules area; certain aircraft comments due by 11-3- (PENS) This is a continuing list of operations flight 05; published 10-4-05 public bills from the current restrictions; comments [FR 05-19860] session of Congress which due by 11-2-05; published Raytheon Model BH125 PENS is a free electronic mail 8-4-05 [FR 05-15375] have become Federal laws. It Series 400A and 600A may be used in conjunction notification service of newly Correction; comments due airplanes; comments with ‘‘PLUS’’ (Public Laws enacted public laws. To by 11-2-05; published due by 11-3-05; Update Service) on 202–741– subscribe, go to http:// 8-24-05 [FR 05-16781] published 10-4-05 [FR 6043. This list is also listserv.gsa.gov/archives/ Airworthiness directives: 05-19859] available online at http:// publaws-l.html Boeing; comments due by TRANSPORTATION www.archives.gov/federal- 10-31-05; published 9-15- DEPARTMENT register/laws.html. Note: This service is strictly 05 [FR 05-18319] for E-mail notification of new Dassault; comments due by National Highway Traffic The text of laws is not laws. The text of laws is not 10-31-05; published 9-30- Safety Administration published in the Federal available through this service. 05 [FR 05-19566] Motor vehicle safety Register but may be ordered PENS cannot respond to Empresa Brasileira de standards: in ‘‘slip law’’ (individual specific inquiries sent to this Aeronautica S.A. Child restraint systems— pamphlet) form from the address.
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